San Luis Obispo City Council
March 15, 2022

City Council
AGENDA

Tuesday, March 15, 2022, 5:00 p.m.

City Hall, 990 Palm Street, San Luis Obispo
The City has returned to in-person meetings. Zoom participation will not be supported. For those attending in-person, the Council Chamber will be at limited capacity and masks are strongly recommended.

INSTRUCTIONS FOR PUBLIC COMMENT:

Public Comment prior to the meeting (must be received 3 hours in advance of the meeting):

Mail - Delivered by the U.S. Postal Service. Address letters to the City Clerk's Office at 990 Palm Street, San Luis Obispo, California, 93401.

Email - Submit Public Comments via email to [email protected]. In the body of your email, please include the date of the meeting and the item number (if applicable). Emails will not be read aloud during the meeting.

Voicemail - Call (805) 781-7164 and leave a voicemail. Please state and spell your name, the agenda item number you are calling about, and leave your comment. Verbal comments must be limited to 3 minutes. All voicemails will be forwarded to the Council Members and saved as Agenda Correspondence. Voicemails will not be played during the meeting. *All correspondence will be archived and distributed to councilmembers, however, submissions received after the deadline will not be processed until the following day.

Public Comment during the meeting:

Meetings have returned to an in-person format. To provide public comment during the meeting, you must be present in the Council Chambers. Zoom participation will not be supported. The Council Chambers are located in City Hall, 990 Palm Street, San Luis Obispo.

If you have questions, contact the City Clerk's Office at [email protected] or (805) 781-7100.

Pages

1. CALL TO ORDER
Mayor Erica A. Stewart will call the Regular Meeting of the San Luis Obispo City Council to order.

2. PLEDGE OF ALLEGIANCE
Council Member Andy Pease will lead the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a. ADVISORY BODY RECOGNITION (30 MINUTES)
The Mayor and City Council will recognize Advisory Body members for their service.

3.b. PROCLAMATION - MONTH OF THE CHILD AND CHILD ABUSE

PREVENTION MONTH
Mayor Stewart will proclaim the month of April as "Month of the Child and Child Abuse Prevention Month."

3.c. PROCLAMATION - SURVEYORS' WEEK
Mayor Stewart will proclaim the week of March 20 - 26, 2022 as "Surveyors' Week."

3.d. PROCLAMATION - INTERNATIONAL TRANSGENDER DAY OF

VISIBILITY
Mayor Stewart will proclaim March 31, 2022 as "International Transgender Day of Visibility."

3.e. CITY MANAGER REPORT
Receive a brief report from City Manager Derek Johnson.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Not to exceed 15 minutes. The Council welcomes your input. State law does not allow the Council to discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights (Gov. Code sec. 54954.2). Staff may be asked to follow up on such items.

5. CONSENT AGENDA
Not to exceed 15 minutes. Matters appearing on the Consent Calendar are expected to be non-controversial and will be acted upon at one time. A member of the public may request the Council to pull an item for discussion. Pulled items shall be heard at the close of the Consent Agenda unless a majority of the Council chooses another time. The public may comment on any and all items on the Consent Agenda within the three-minute time limit.

Recommendation:

To approve Consent Calendar Items 5a - 5l.

5.a. WAIVE READING IN FULL OF ALL RESOLUTIONS AND

ORDINANCES
Recommendation:

Waive reading of all resolutions and ordinances as appropriate.

5.b. MINUTES REVIEW - MARCH 1, 2022 COUNCIL MINUTES 11
Recommendation:

Approve the minutes of the City Council meeting held on March 1, 2022.

5.c. SECOND READING AND ADOPTION OF ORDINANCE NO. 1709
(2022 SERIES) AWARDING A FRANCHISE AGREEMENT TO
PHILLIPS 66 PIPELINE LLC
17 Recommendation:

Adopt Ordinance No. 1709 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, granting to Phillips 66 Pipeline LLC, a franchise to construct, operate and maintain pipelines for the transportation of oil and other specified materials in the City of San Luis Obispo.”

5.d. 2022 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES 57 Recommendation:

As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's advisory bodies and continue to recruit for any unfilled vacant positions.

5.e. AUTHORIZATION TO ADVERTISE TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SPECIFICATION 1000535
63 Recommendation:

Approve the project plans and specifications for the Transit Facility Electric Vehicle Charging Infrastructure, Specification Number 1000535; and

1. 2. Authorize staff to advertise for bids; and
Authorize the Finance Director to appropriate American Rescue Plan Act (ARPA) funding and Low Carbon Transit Operations Program (LCTOP) funding upon award; and

3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding limit of $950,000 and within the available project budget; and

4. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and

5. Approve a City Sole Source purchase from ChargePoint in an amount not to exceed $150,000 for the purchase of two
ChargePoint Express 250 Chargers and authorize the Finance Director to execute and issue a Purchase Order upon receipt of final quote.

6. 5.f. REQUEST TO REMOVE THE PROPERTY AT 540 BUCHON STREET FROM THE CONTRIBUTING PROPERTIES LIST OF THE CITY’S

INVENTORY OF HISTORIC RESOURCES
245
Recommendation:

As recommended by the Cultural Heritage Committee, adopt a Resolution entitled “A Resolution of the City Council of the City of San Luis Obispo, California, removing the Property at 540 Buchon Street from the Inventory of Historic Resources (HIST-0727-2021).”

5.g. AUTHORIZATION TO ADVERTISE VERDE / LUNETA / RAMONA / BROAD SEWER PIPE REPLACEMENT, SPECIFICATION NO.
1000091
271
Recommendation:

Approve the project plans and specifications for
Verde/Luneta/Ramona/Broad Sewer Pipe Replacement,
Specification Number 1000091; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager, or their designee to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding amount of $1,156,000; and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

4. 5.h. AUTHORIZATION TO ADVERTISE ROADWAY SEALING 2022, SPECIFICATION NO. 1000560
399
Recommendation:

Approve the project plans and specifications for Roadway Sealing 2022, Specification Number 1000560; and

1. 2. Authorize staff to advertise for bids; and
Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding amount of $2,600,000; and

3. Authorize the City Engineer to approve Contract Change Orders up to the available project budget.

4. 5.i. AUTHORIZATION TO ENROLL IN THE FEDERAL EXCESS

PERSONAL PROPERTY PROGRAM
535
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing participation in the Federal Excess Property (FEPP) Program in Accordance with United States Forest Service Cooperative Forestry Assistance Act (CFAA) of 1978.”

5.j. AUTHORIZATION TO APPLY FOR FEDERAL EMERGENCY

MANAGEMENT AGENCY ASSISTANCE TO FIREFIGHTERS GRANT
549
Recommendation:

Authorize the Fire Department to apply for a grant to the Federal Assistance to Firefighters Grant (AFG) Program in the amount of $46,981.41 to purchase Urban Search & Rescue
equipment; and

1. Authorize the City Manager, or designee, to execute the grant documents and approve the budget changes necessary to
appropriate the grant upon notification that the grant has been awarded.

2. 5.k. AWARD THE STORM DRAIN CULVERT REPAIRS BROAD STREET AT LEFF STREET, SPECIFICATION NO. 91156
553
Recommendation:

Award a Construction Contract to Souza Engineering
Contracting, Inc. in the amount of $365,611 for the Storm Drain Culvert Repairs Broad Street at Leff Street Project,
Specification Number 91156; and

1. Approve a transfer of $470,000 from the Strom Drain Annual Asset Maintenance Account 90742 to the project account
91156; and

2. Authorize the City Engineer to execute contract change orders within available project budget.

3. 5.l. ADOPT A RESOLUTION OF INTENT TO AMEND THE CITY’S

EXISTING FRANCHISE AGREEMENTS WITH SAN LUIS GARBAGE

COMPANY TO IMPLEMENT STATE ORGANICS RECYCLING LAW
(SB 1383) REQUIREMENTS
569
Recommendation:

Adopt a Resolution of Intent entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring the City’s intent to adopt an Ordinance amending its existing franchise agreements with San Luis Garbage Company to implement Senate Bill 1383
requirements and set a public hearing for April 19, 2022” pursuant to the provisions of Article X of the City Charter.

6. PUBLIC HEARING AND BUSINESS ITEMS

6.a. ACCEPTANCE OF THE TRANSPORTATION DEVELOPMENT ACT
AND FEDERAL SINGLE AUDITS FOR FISCAL YEAR 2020-21
(Estimated Time: 20 minutes)
791
Recommendation:

Review and accept the Transportation Development Act and Federal Single Audits for Fiscal Year 2020-21.

6.b. FIRE DEPARTMENT ANNUAL REPORT (Estimated Time: 45 minutes) 849 Recommendation:

Receive and file the Fire Department’s 2021 Annual Report.

6.c. 2018 AND 2019 TRAFFIC SAFETY REPORT (Estimated Time: 60 minutes)
887
Recommendation:

Receive the combined 2018 and 2019 Traffic Safety Reports and recommended traffic safety measures; and

1. Modify the Traffic Safety Report/Vision Zero reporting process to improve focus and efficiency of the program to support the Vision Zero goal of eliminating severe injury and fatal collisions.

2. 6.d. INTRODUCE AN ORDINANCE TO AMEND TITLE 10 AND ADOPT A

RESOLUTION MODIFYING THE DANA STREET PARKING DISTRICT
(Estimated Time: 60 minutes)
967
Recommendation:

Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, amending Title 10, Chapter 36 (Stopping, Standing and Parking for Certain Purposes or in Certain Places), of the San Luis Obispo Municipal Code Allowing for the Issuance of Limited Daytime Use Permits in the Dana Street Parking District”; and

1. Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, modifying the
Preferential Parking Permit District for the Dana Street area of the City, establishing the issuance of Limited Daytime Use Permits for commercial properties immediately adjacent to the district boundaries.”

2. 6.e. RESOLUTION IN SUPPORT OF UKRAINE AS THEY DEFEND AGAINST RUSSIA (Estimated Time: 15 minutes)
983
Recommendation:

Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, in support of the leaders and people of Ukraine as they defend against Russia’s massive military attack on their sovereign nation.”

7. LIAISON REPORTS AND COMMUNICATIONS
Not to exceed 15 minutes. Council Members report on conferences or other City activities. At this time, any Council Member or the City Manager may ask a question for clarification, make an announcement, or report briefly on their activities. In addition, subject to Council Policies and Procedures, they may provide a reference to staff or other resources for factual information, request staff to report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda. (Gov. Code Sec. 54954.2)

8. ADJOURNMENT
The next Regular Meeting of the City Council will be held on April 19, 2022 at 6:00 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.

LISTENING ASSISTIVE DEVICES for the hearing impaired - see the Clerk.

The City of San Luis Obispo wishes to make all of its public meetings accessible to the public. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office at (805) 781-7100 at least 48 hours before the meeting, if possible. Telecommunications Device for the Deaf (805) 781-7410.

City Council regular meetings are televised live on Charter Channel 20. Agenda related writings or documents provided to the City Council are available for public inspection in the City Clerk’s Office located at 990 Palm Street, San Luis Obispo, California during normal business hours, and on the City’s website www.slocity.org. Persons with questions concerning any agenda item may call the City Clerk’s Office at (805) 781-7100.

1 Council Minutes
March 1, 2022, 5:30 p.m.

Teleconference - Broadcast via Webinar
Council Members

Present:

Council Member Jan Marx, Council Member Andy Pease,
Council Member Michelle Shoresman, Vice Mayor Carlyn
Christianson, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
_____________________________________________________________________

1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo City Council was called to order on March 1, 2022 at 5:30 p.m. by Mayor Stewart, with all Members present via teleconference.

2. PLEDGE OF ALLEGIANCE
Vice Mayor Christianson led the Council in the Pledge of Allegiance.

3. PRESENTATIONS

3.a CITY MANAGER REPORT
City Manager Derek Johnson provided a report on upcoming projects and a status update on COVID-19.

3.b INTRODUCTION - BEYA MAKEKAU, DIVERSITY EQUITY AND

INCLUSION MANAGER
City Manager Derek Johnson introduced Beya Makekau as the new Diversity Equity and Inclusion Manager.

3.c INTRODUCTION - HANS POSCHMAN, ASSISTANT TO THE CITY

MANAGER
Deputy City Manager Greg Hermann introduced Hans Poschman as the new Assistant to the City Manager.

2 3.d PROCLAMATION - WOMEN'S HISTORY MONTH
Mayor Stewart presented a proclamation declaring the month of March as "Women's History Month" to Susan Devine on behalf of Women in the Pipeline San Luis Obispo.

4. PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA
Public Comment:

John Ashbaugh
Christian Valles
--End of Public Comment--

5. CONSENT AGENDA
Motion By Vice Mayor Christianson
Second By Council Member Marx
To approve Consent Calendar Items 5a-5f and 5h-5i.

Ayes (5): Council Member Marx (Recused from Item 5g.), Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

5.a WAIVE READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES Waive reading of all resolutions and ordinances as appropriate.

5.b MINUTES REVIEW - FEBRUARY 7, 2022, FEBRUARY 8, 2022, AND FEBRUARY 15, 2022 COUNCIL MINUTES
Approve the following minutes of the City Council:
 February 7, 2022 Special Meeting for a Closed Session  February 8, 2022 Special Meeting to hold an EOC Training for Elected Officials
 February 15, 2022 Regular Meeting

5.c REAFFIRM RESOLUTION NO. 11278 AUTHORIZING CONTINUING TO MEET VIRTUALLY PURSUANT TO ASSEMBLY BILL 361
Reaffirm Resolution No. 11278 (2021 Series) entitled, “A Resolution of the City of San Luis Obispo, California, proclaiming the continued need to meet by teleconference pursuant to Government Code Section 54953(e).”

3 5.d ANNUAL REPORT FOR THE SAN LUIS RANCH MITIGATION

MONITORING AND REPORTING PROGRAM AND DEVELOPMENT

AGREEMENT
Council Member Marx declared a conflict on this item since she lives in this development.

Receive and file the annual monitoring report for the San Luis Ranch Mitigation Monitoring and Reporting Program and Development Agreement.

5.e ANNUAL MONITORING OF THE AVILA RANCH DEVELOPMENT

AGREEMENT AND COMMUNITY FACILITIES DISTRICT
Receive and file the annual monitoring report for the Avila Ranch Development Agreement and Community Facilities District.

5.f AUTHORIZATION TO SUBMIT 2020-21 LOW CARBON TRANSIT

OPERATIONS PROGRAM (LCTOP) GRANT APPLICATIONS,

ELECTRIC VEHICLE (EV) INFRASTRUCTURE
Adopt Resolution No. 11308 (2022 Series) entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing the City Manager or their Designee, to file, execute and fulfill any related Low Carbon Transportation Operations Program Grant Applications, Certifications, Assurances, Forms, Agreements, and Associated Documents on behalf of the City.”

5.h SECOND READING AND ADOPTION OF ORDINANCE NO. 1708 (2022

SERIES) APPROVING THE REZONE OF A PROPERTY LOCATED AT
600 TANK FARM ROAD FROM BUSINESS PARK (BP-SP) TO

COMMERCIAL SERVICES (C-S-SP), AND ADOPT ASSOCIATED TEXT

AMENDMENTS TO THE AIRPORT AREA SPECIFIC
Adopt Ordinance No. 1708 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, approving a rezone for property at 600 Tank Farm Road. The project includes amending the Zoning Map to change the zoning designation of the associated properties from Business Park (BP-SP) to Commercial Services (C-S-SP), respectively, and making associated text amendments to the Airport Area Specific Plan to be consistent with the 600 Tank Farm mixed-use development plan in accordance with the adopted Final Environmental Impact Report, as represented in the City Council staff report and attachments dated March 1, 2022 (600 Tank Farm: PR-0005-2021, GENP-0814-2019, SPEC-0407-2020, EID-0608-2020).”

4 5.i LAGUNA LAKE GOLF COURSE CONCESSIONAIRE AGREEMENT

WITH ZEN DOG, LLC
Approve an Agreement with Zen Dog, LLC to provide a food and beverage concessionaire service at the Laguna Lake Golf Course.

5.g REQUEST FOR PROPOSALS FOR THE DESIGN OF THE

WASTEWATER MAINTENANCE SHOP
Item 5g pulled from Consent.

Motion By Council Member Pease
Second By Vice Mayor Christianson

1. Authorize the issuance of a Request for Proposal (RFP) for the design of the Wastewater Maintenance Shop; and

2. Authorize the City Manager to execute an agreement with the selected consultant; and

3. Authorize the Finance Director to execute and amend the Purchase Order for the selected consultant within the available project budget.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

6. STUDY SESSION

6.a AMERICAN RESCUE PLAN ACT AND STATE AND LOCAL FISCAL

RECOVERY FUNDS
Vice Mayor Christianson declared a conflict on this item due to her employment at Transitions Mental Health Association.

City Manager Derek Johnson and Finance Director Brigitte Elke provided an in-depth staff report and responded to Council questions.

Public Comments:

Molly Kern
Angela Julia Tahti
---End of Public Comment---
Motion By Council Member Marx
Second By Mayor Stewart

5 1. To return at the 2022-2023 Supplemental Budget to appropriate $2 million towards affordable housing that targets extremely low and very low income and/or homeless persons most impacted by COVID-19; $1 million to the infrastructure investment fund; and $100,000 to augment the Human Relations Commission annual Grants in Aid (GIA) cycle one time to further support health and human services programs or projects; and

2. Appoint Mayor Stewart and Council Member Shoresman to an ad-hoc subcommittee to evaluate if there are other projects or programs that the remaining $1.5 million could fund and bring a recommendation back to the full City Council prior to presentation of the Supplemental Budget.

6.b INCLUSIONARY HOUSING ORDINANCE UPDATE AND BELOW

MARKET RATE HOUSING ADMINISTRATION STUDY SESSION
Community Development Director Michael Codron, Housing Policy and Programs Manager Teresa McClish and Associate Planner Rachel Cohen provided an in-depth staff report and responded to Council questions.

Public Comments:

Jim Dantona
Janna Nichols
Krista Jeffries
Anne Wyatt
---End of Public Comment---
ACTION: By consensus, the City Council provided the following feedback:
 Regarding fractional units - look at option 3 but with a lower unit number (10 units or less) and would like to hear from the development community
 Yes to eliminating Table 2A
 Yes to basing inclusionary requirements on and use rather than zoning.
 Yes to codify role of BMR in the Inclusionary Housing Ordinance. Also look at including the following:
o Focus on local preference for resident or people who work or travel here frequently
o Long term affordable

6 7. PUBLIC HEARING AND BUSINESS ITEMS

7.a CONSIDERATION OF THE FISCAL YEAR 2022-23 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDING RECOMMENDATIONS
Community Development Director Michael Codron, and Assistant Planner Owen Goode provided an in-depth staff report and responded to Council questions.

Public Comments:

Janna Nichols
---End of Public Comment---
Motion By Council Member Marx
Second By Vice Mayor Christianson
To adopt Resolution No. 11309 (2022 Series) entitled, “A Resolution of The City Council of The City of San Luis Obispo, California, approving the 2023 Community Development Block Grant (CDBG) Program” to approve funding allocations for an estimated total of $494,210 of CDBG funds for the 2022-23 Fiscal Year.

Ayes (5): Council Member Marx, Council Member Pease, Council Member Shoresman, Vice Mayor Christianson, and Mayor Stewart
CARRIED (5 to 0)

8. LIAISON REPORTS AND COMMUNICATIONS

9. ADJOURNMENT
The meeting was adjourned at 10:31 p.m. The next Regular City Council Meeting is scheduled for March 15, 2022 with an early start time of 5:00 p.m. in the Council Chambers at City Hall, 990 Palm St., San Luis Obispo.

APPROVED BY COUNCIL: XX/XX/202X

Item 5c
Department: Public Works
Cost Center: 5001
For Agenda of: 3/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Paul Fields, Administrative Analyst
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1709 (2022 SERIES) AWARDING A FRANCHISE AGREEMENT TO PHILLIPS 66

PIPELINE LLC

RECOMMENDATION
Adopt Ordinance No. 1709 (2022 Series) entitled, “An Ordinance of the City Council of the City of San Luis Obispo, California, granting to Phillips 66 Pipeline LLC, a franchise to construct, operate and maintain pipelines for the transportation of oil and other specified materials in the City of San Luis Obispo.”

DISCUSSION
Background
On January 11, 2022, the City Council adopted a resolution declaring its intention to consider the award of a franchise agreement to Phillips 66 Pipeline LLC and setting a public hearing for February 15, 2022. During the public hearing the City Council voted 5:0 to introduce Ordinance 1709 (2022 Series), granting to Phillips 66 Pipeline LLC a franchise to operate and maintain common carrier pipelines located in the City’s rightsof-way. Minor revisions have been made to Article 15 pertaining to insurance. These revisions have been reviewed and approved by the City’s Risk Manager.

Policy Context
The process for adoption of a new franchise agreement is prescribed by the Public Utilities Code (Section 6232-6234). The following schedule consistent with the statute has been followed:
 January 11, 2022: Introduce and pass resolution of intent  February 15, 2022: Hold public hearing and introduce ordinance  March 15, 2022: Second reading and final adoption or ordinance  April 14, 2022: Ordinance becomes effective

Item 5c
Article X of the City Charter empowers the City Council to grant by ordinance a franchise to furnish the City and its inhabitants with public utilities. In line with the Public Utilities Code, and the City Charter, the City Council adopted a resolution declaring its intention to grant the franchise and set a public hearing for the February 15, 2022, City Council meeting. At the public hearing the City Council introduced Ordinance 1709 (2022 Series) awarding a franchise agreement to Phillips 66 Pipeline LLC.

Public Engagement
The introduction of the ordinance was part of a public hearing before the City Council. In accordance with the California Public Utilities Code, a notice of public hearing was issued in a newspaper of general circulation in the City. The item was made available for public comment at the February 15, 2022, City Council meeting.

CONCURRENCE
The Finance Department and City Attorney’s Office concur with this recommendation.

ENVIRONMENTAL REVIEW
The renewal of the franchise agreements is categorically exempt from the provisions for the California Environmental Quality Act in accordance with section 15061(b)(3). The proposed award of the franchise to Phillips 66 Pipeline LLC will continue the operation and maintenance of an existing pipeline. No new development or intensification of development would result from the franchise, therefore there is no potential for significant effects on the environment.

FISCAL IMPACT
Budgeted: No Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:

Total $ $ $ $

Item 5c
The City will receive revenue of $6,700 annually associated with granting of the proposed franchise agreement for pipeline services. This amount is calculated based on the applicable rates as permissible by the California Public Utilities Commission.

ALTERNATIVES
Do not adopt Ordinance No. 1709 (2022) Series. This alternative is not recommended because it is in the City’s best interest to have a qualified company operate and maintain the existing pipeline infrastructure within the City’s right-of-way. Should the City Council express its intention to not award the franchise to Phillips 66 Pipeline LLC, the applicant would have three available options. The first would be to request City approval to physically remove the pipeline from the City’s right-of-way. The second option would be to leave the pipeline in its current location but seal it where it enters and leaves the City, thereby rendering it unusable. The third option would be to initiate a condemnation action against the City under the Public Utilities Code in order to obtain through eminent domain a subsurface easement or other rights to utilize the pipeline within the City.

ATTACHMENTS
A – Ordinance No. 1709 (2022 Series)

O 1709
ORDINANCE NO. 1709 (2022 SERIES)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, GRANTING TO PHILLIPS 66 PIPELINE LLC, A

FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN PIPELINES

FOR THE TRANSPORTATION OF OIL, AND OTHER SPECIFIED

MATERIALS IN THE CITY OF SAN LUIS OBISPO
WHEREAS, on January 18, 2022, the City of San Luis Obispo passed Resolution No. 11297 (2022 Series), a resolution of intention to approve a franchise agreement with Phillips 66 Pipeline LLC; and
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing via teleconference, on February 15, 2022, for the purpose of considering approval of the franchise agreement; and
WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and
WHEREAS, Phillips 66 Pipeline LLC is currently operating pipelines for the transportation of oil and other specified materials within the City of San Luis Obispo; and WHEREAS, Phillips 66 Pipeline LLC has requested the City of San Luis Obispo enter into a new franchise agreement.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:

SECTION 1. The City Council of the City of San Luis Obispo hereby grants to Phillips 66 Pipeline LLC the non-exclusive right, privilege and franchise to continuation of its existing use of the public streets for its defined operational purposes on the terms and conditions and subject to the restrictions and obligations set forth herein.

SECTION 2. Summary and Terms and Conditions of Franchise:

Ordinance No. 1709 (2022 Series) Page 2
O 1709

TABLE OF CONTENTS
ARTICLE 1 NATURE OF FRANCHISE........................................................................... 4 A. Grant of Franchise ................................................................................................. 4 B. Limitations Upon Grant ......................................................................................... 5 C.Rights Reserved to the City of San Luis Obispo ................................................... 6 ARTICLE 2 APPURTENANCES ..................................................................................... 6 ARTICLE 3 LOCATION OF PIPELINES ......................................................................... 7 ARTICLE 4 CONSTRUCTION OF PIPELINES............................................................... 7 A. Terms of Construction............................................................................................ 7 B. Restoration of Streets ........................................................................................... 7 ARTICLE 5 COMMENCEMENT OF CONSTRUCTION.................................................. 8 ARTICLE 6 MAPS AND REPORTS TO BE FURNISHED............................................... 8 ARTICLE 7 COMPENSATION TO THE CITY................................................................. 9 ARTICLE 8 EMERGENCY EQUIPMENT AND CREWS............................................... 11 ARTICLE 9 REPAIR OF DEFECTIVE FACILITIES AND REPAIR OF DAMAGE TO CITY STREETS ............................................................................................................ 11 ARTICLE 10 REARRANGEMENT OF FACILITIES ..................................................... 11 A. Expense of Grantee............................................................................................. 11 B. Expense of Others .............................................................................................. 13 C.Rearrangement of the Facilities of Others .......................................................... 13 D.Notice .................................................................................................................. 13 ARTICLE 11 GRATEES’S REMOVAL OR ABANDONMENT OF FACILITIES ............. 14 ARTICLE 12 COMPLETION OF WORK ....................................................................... 16 ARTICLE 13 RECOVERY OF COSTS OR REPAIRS AND UNPAID FEES ................. 17 ARTICLE 14 BOND....................................................................................................... 19 ARTICLE 15 INSURANCE............................................................................................ 19 ARTICLE 16 INDEMNIFICATION BY GRANTEE ......................................................... 21 ARTICLE 17 CHANGES IN CONTROL OF FRANCHISE ............................................ 21 ARTICLE 18 WAIVER OF BREACH ............................................................................. 24 ARTICLE 19 DEFAULT ................................................................................................ 24 ARTICLE 20 SCOPE OF RESERVATION.................................................................... 25 ARTICLE 21 NOTICE ................................................................................................... 25 ARTICLE 22 SUCCESSORS ....................................................................................... 26

Ordinance No. 1709 (2022 Series) Page 3
O 1709
ARTICLE 23 ACCEPTANCE OF FRANCHISE ............................................................ 26 ARTICLE 24 FORCE MAJEURE .................................................................................. 26 ARTICLE 25 LIQUIDATED DAMAGES......................................................................... 27 ARTICLE 26 ATTORNEY’S FEES ................................................................................ 27 ARTICLE 27 CONDEMNATION.................................................................................... 28 ARTICLE 28 SURVIVALOF OBLIGATIONS ................................................................. 28

Ordinance No. 1709 (2022 Series) Page 4
O 1709
ARTICLE 1

NATURE OF FRANCHISE
A. Grant of Franchise.

1. The City of San Luis Obispo (hereinafter referred to as "City"), hereby grants to Phillips 66 Pipeline LLC, (hereinafter referred to as "Grantee") pursuant to the provisions of Article X of the San Luis Obispo City Charter, Article XI, Section9(b) of the California Constitution, and Section 39732(b) of the California Government Code, the non-exclusive right, privilege and franchise, subject, however, to all the limitations and restrictions herein contained, to construct, erect, maintain, operate, repair, renew, abandon, and change the size of and remove existing pipelines within the City of San Luis Obispo, not to exceed twelve (12) inches nominal internal diameter, for the transportation of oil, products thereof, hydrocarbon gases and other gas necessary for the operation and maintenance of the pipelines, water and mixtures thereof, movable by pipeline, in, under, along, and across the public streets, ways, alleys and places within the City of San Luis Obispo (hereinafter collectively referred to as "streets"), as described in Exhibit No. 1, attached hereto and made a part hereof. There shall be no expansion of existing infrastructure or operations within the City without the express prior written consent of the City Council.

2. The term of the franchise granted under this Ordinance shall be for a term of three (3) years, commencing with the date on which it is Granted by the City.

3. Unless otherwise specifically stated, the following provisions shall govern the interpretation and construction of the franchise granted herein:
(a) This franchise shall include the right, for the period and subject to the conditions hereof, to construct, erect, maintain, operate, repair, renew, abandon, and change the size and remove existing pipelines, if any, of Grantee, as laid and constructed in said streets as of the date of this Agreement. (b) The terms and conditions of this franchise shall also apply to any existing pipe or other facilities of Grantee which are located within the right of way of any existing public road or street at the time such road or street becomes a City Street through annexation or otherwise, subject to any other existing rights enjoyed by Grantee.
(c) Grantee shall not be relieved of its obligation to promptly comply with any provision of this franchise by failure of the City to enforce prompt compliance.

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(d) Any right or power conferred, or duty imposed upon any officer, employee, department, or other City entity, by the terms of this franchise, may be legally transferred to any other City officer, employee, department, or other City entity.
(e) Grantee shall have no recourse whatsoever against the City for any loss, cost, expense, or damage suffered by Grantee and arising out or related any provision or requirement of thisfranchise or its lawful enforcement by the City. (f) This franchise does not relieve Grantee of any applicable requirements of the San Luis Obispo Municipal Code or of any federal, state, or City law, ordinance, rule, regulation, or specification, including, but not limited to, any requirement relating to street work, street excavation permits, or the use, removal, or relocation of property in streets, except as specifically prescribed herein.
(g) This franchise is non-exclusive. Neither the granting of this franchise nor any of the provisions contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person. (h) The compensation provided for in this franchise is for (i) the rights and privileges granted by this franchise, and (ii) the right and privilege granted to the Grantee to construct, erect, maintain, operate, repair, renew, abandon and change the size of and remove existing pipelines pursuant to this franchise within the City's streets. The City expressly reserves the right to impose and collect from Grantee, on a nondiscriminatory basis, its normal duly established processing and inspection fees from street cutting and excavation permits to theextent such fees are imposed generally on all non-governmental applicants for such permits within the City. (i) Any activities involving the use of a pipeline system for the transmitting of oil, products thereof, hydrocarbon gases and other gas necessary for the operation and maintenance of the pipelines, water and mixtures thereof, which are not specifically authorized under this franchise are prohibited under this franchise. Except as provided in Article 2, any telecommunication or other uses not authorized in this franchise Ordinance must be approved bythe City under a separate franchise.

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(j) If any provision of this franchise, or the application of this franchise to any person or circumstance is held invalid by a court of competent jurisdiction or is not in compliance with any requirement of the Public Utilities Commission, the City, or any other federal or state body or agency having jurisdiction over Grantee's franchise activities, the remainder of this franchise Ordinance, or the application of this franchise to persons or circumstances other than those to which it is held invalid or not in such compliance, shall not be affected thereby.

B. Limitations Upon Grant.

1. No privilege or exemption is granted or conferred by this franchise except those specifically prescribed herein.

2. Any privilege claimed under this franchise by Grantee in any street shall be subordinate to any prior lawful occupancy of the street, including the City’s express right to demand relocation of any pipelines or appurtenances as may be necessary for the City to undertake its municipal functions and otherwise utilize its right of way for any valid municipal purpose.

3. The rights and privileges of this franchise are granted solely to Grantee except as provided within this franchise Ordinance. This franchise is not to be sold, transferred, leased, assigned, or disposed of as a whole or in part, either by forced sale, merger, consolidation, or otherwise, without the City's prior consent as described in Article 17, infra, or as otherwise expressly provided herein. The City agrees that such prior consent shall not be unreasonablywithheld or conditioned.

C. Rights Reserved to the City.

1. The rights reserved to the City under this franchise Ordinance are in addition to all other rights of the City, whether authorized by the San Luis Obispo City Charter, San Luis Obispo City Municipal Code, or any other federal, state, or City law, rule, or regulation. No action, proceeding or exercise of a right shall affect any other rights that may be held by the City. Grantee, by acceptance of this franchise, shall be bound thereby and shall comply with any action or requirement of the City in its exercise of any such right or power.

2. The City shall have the power and right at all times during the term of this franchise to require Grantee to conform to the laws, rules and regulations governing the operation of pipelines now or hereafter adopted by the City Council to the extent permitted by law.

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3. The City may enforce, to the maximum extent permitted by law, the inspection and testing of pipelines, pursuant to state and federal standards and require appropriate remuneration and fees to cover such enforcement activities.

ARTICLE 2

APPURTENANCES
The Grantee shall have the right, subject to the prior approval of the City Public Works Department, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments, and appurtenances (hereinafter for convenience collectively referred to as "appurtenances"), as may be necessary or convenient for the proper maintenance and operation of the pipelines under said franchise. Said appurtenances shall be so located as to conform to any order of the City Public Works Department in regard thereto and not to interfere with the use ofthe streets for travel. The Grantee shall have the right, subject to such ordinances, rules, or regulation as are now or may hereafter be in force, to make all necessary excavations in said street for the construction and repair of said pipelines and appurtenances subject to the prior approval of the City Public Works Department. "Appurtenances" shall also include any adjunct communications lines and/or conduits as coaxial cable, optical fiber, wire, or other transmission lines or forms of transmission, and associated equipment and devices located in, upon, along, across, under or over the streets of the City, the sole function of which is to monitor or control the operation or safety of the pipeline system via the distribution of video, audio, voice, or data signals. An adjunct communications line shall not include any facility which distributes, through any means, to subscribers or persons other than Grantee, the signal of one or more broadcast television or radio stations or other sources of video, audio, voice, or data signals.

ARTICLE 3

LOCATION OF PIPELINES
So far as is practicable and within the requirements of the California State Fire Marshall, any pipeline hereinafter laid shall be located along the edge or shoulder of the streets or in the parking areas adjacent thereto so as not unreasonably to disturb the flow of traffic and where possible shall be laid in the unpaved portion of the street.

ARTICLE 4

CONSTRUCTION OF PIPELINES
A. Terms of Construction. The pipelines and appurtenances laid, constructed or maintained under the provisions of this franchise shall be installed, maintained, and inspected by the Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City Council, State, or Federal authorities.

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B. Restoration of Streets. The work of laying, constructing, maintaining, operating, renewing, repairing, changing size, decommissioning, abandoning, removing and moving any of the pipeline system contemplated by this franchise and all other work in exercise of this franchise shall be conducted according to the provisions of the City's encroachment ordinances from time to time prevailing, and otherwise in accordance with federal and state law and applicable City ordinances, and with the least possible hindrance or interference to the use of City roads by the public or by the City of San Luis Obispo, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, State or Federal regulations. All excavations shall be back filled and adequately compacted. As part of any work completed under provisions of this franchise agreement, the surface of City streets shall be repaired and replaced to meet current City standards and specifications. Under no circumstances shall the surface of City streets be placed in a manner less than as good and serviceable condition as existed at the beginning of said work, to the satisfaction of the City Public Works Department.

ARTICLE 5

COMMENCEMENT OF CONSTRUCTON
. The Grantee shall not commence the construction of any new pipelines under the provision of this franchise or add to such existing pipeline system, if any there be, until it first shall have applied for and obtained a permit therefore from the City Public Works Department.

The application of the Grantee shall show the following facts: the length, approximate depth and proposed location of the pipeline proposed to be laid or constructed, the size and description of the pipeline intended to be used, and such other relevant facts as the City Public Works Department may require. The Grantee shall pay any and all encroachment permit fees of the City. Upon the completion of the construction of any pipelines constructed pursuant to said franchise, the Grantee shall render a statement to the City of San Luis Obispo showing in detail the permit or permits issued and the total length of pipeline, the construction of which was authorized under such permit, or permits, and the total length of pipeline actually laid, and the Grantee shall make payment to the City for the pipelines which have been constructed under said franchise as provided in Article 7, Section C. Nothing herein shall be construed to obligate the City to approve or allow any new or expanded pipelines or appurtenances during the term of the grant herein or otherwise.

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ARTICLE 6

MAPS AND REPORTS TO BE FURNISHED
A. Within six (6) months of the effective date of this franchise for existing pipelines, and within ninety (90) days following the date in which any additional pipelines that may be permitted under this franchise, the Grantee shall file a map in such form as may be required by the City Public Works Department showing the accurate location and size of all its facilities then in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file a revised map or maps showing the location and size of all such additional and/or abandoned facilities as of this date. Cathodic protection is to be used for all facilities installed or maintained pursuant to this franchise. For facilities previously in liquid service and where the liquids have been removed and the facilities inserted, or for facilities previously in gas service that are not pressurized, cathodic protection shall be maintained consistent with State Fire Marshall or other agency requirements. A description of all the protective devices shall be furnished to the City Public Works Department which shall show the location and types of anodes, including a description of methods to be used as a protection against corrosion and electrolytic leakage.

B. Grantee shall file with the City Finance Director, within thirty (30) days after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise and within thirty (30) days after the expiration of each calendar year thereafter, two copies of a report verified by the oath of Grantee or by the oath of a duly authorized representative of Grantee, showing, for the immediately preceding franchise period, the length of main lines in streets, the nominal internal diameter of such main lines, the rate per foot per year (when applicable) and the total amount due to the City. In this report, Grantee shall also show any change in franchise footage since the last franchise report, segregating such footage as to new main lines and adjunct communications lines laid, old main lines and adjunct communications lines removed, old main lines and adjunct communications lines abandoned in place, and the footage of main lines and adjunct communications lines in territory annexed by the City since the last franchise report.

C. Grantee shall file with the City Public Works Department within sixty (60) days after the end of the calendar year a report, in duplicate, showing the permit number of each permit obtained for the installation of new main lines during the immediately preceding franchise report period, together with the length and size of said main lines.

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ARTICLE 7

COMPENSATION TO THE CITY
A. During the term of this franchise, Grantee shall pay to the City an annual fee for this franchise, said fee to be those fees prescribed by the California Public Utilities Code section 6231.5, provided that the rate is subject to increase to the maximum rate established in subsequent amendments of the California Public Utilities Code. Annual payments to be made pursuant to this franchise shall be due and payable in arrears April 1 of each year of this franchise. The initial payment hereunder shall include compensation to the City at the otherwise applicable maximum rate for any periods of expiration of this agreement, and may be prorated as appropriate for the remainder of the current calendar year based on a 365-day year.

At the time of payment of fees by Grantee, Grantee shall file a verified statement with the City Clerk of the City of San Luis Obispo, with a copy to the City Public Works Department showing in detail the number of lineal feet and the diameter thereof, expressed in inches, of pipelines covered by this franchise during the previous calendar year, or portion thereof.

The compensation provided for in this Article shall be subject to an increase after the first year of the franchise and each subsequent year during the term of this franchise, including any period of expiration prior to this renewed agreement, based on the provisions of California Public Utilities Code Section 6231.5, as amended.

The fees set forth will be adjusted annually each year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI-U) all cities average for the prior calendar year.

Notwithstanding the provisions as otherwise stated in this Article and franchise, the Grantee shall be liable to pay the City the annual fee for the period to and including the date of either actual removal of the facilities or the effective date of any agreed upon abandonment "in place," and until the Grantee shall have fully complied with all of the provisions of law or ordinances relative to such abandonment.

In the event of partial abandonment of facilities as provided in the Ordinance, or in the event of partial removal of such facilities by the Grantee, the payments otherwise due the City for occupancy of the streets by such facilities shall be reduced by the length and diameter of pipelines abandoned or the actual pipeline removed beginning with the first day of the next succeeding franchise year, and for each franchise year thereafter; provided, however, that the base rate shall be modified to reflect the adjustment (per this Article) applicable to such abandoned or removed pipeline at the beginning of the next succeeding franchise year following abandonment or removal.

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Grantee shall pay to the City, upon demand, the cost of all repairs made by the City to public property arising out of the operations of the Grantee under this franchise.

Any fees charged or expenses charged to Grantee by City pursuant to this Article, or any other provisionof this franchise Ordinance, unless disputed in good faith, shall be paid when due or shall be deemed delinquent. Any undisputed delinquent amounts shall be charged a 10% penalty and, in addition, shall accrue interest commencing thirty (30) days after the due date, at a rate of one and one-half percent (1.5%) per month (based upon a 30-day calendar month) or any lesser amount ifrequired by law. Any neglect, omission, or refusal by said Grantee to pay any undisputed delinquent franchise fee with any late charges, within thirty (30) days of delinquency, at the times or in the manner herein provided, shall be grounds for a declaration of a forfeiture of this franchise and of all rights hereunder.

Payments are to be made to the City Finance Department, 990 Palm Street, San Luis Obispo, California 93401, or at such place as the City shall, from time to time, designate inwriting.

B. Grantee shall pay the City a granting fee of $10,000.00 within thirty (30) days after the date the City Council adopts this franchise Ordinance.

C. Grantee shall pay the City Public Works Department, within sixty (60) days after the end of each calendar year, for each year during the life of this franchise, an initial construction charge calculated at the rate of One Dollar ($1.00) per foot for all new, replaced, or relocated main lines laid pursuant to this franchise Ordinance during the preceding year.

D. Right of Inspection. The City shall have the right to inspect Grantee's pipeline accounting and other records relating to its annual report and to audit and recompute any and all accounts payable under this franchise. Costs of audit shall be borne by Grantee when an audit results in an increase of more than five percent of Grantee's annual payments to the City. Acceptance of any payment shall not be construed as a release, waiver, acquiescence, or accord and satisfaction of any claim the City may have for further or additional sums payable under thisfranchise or for the performance of any other obligation hereunder.

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ARTICLE 8

EMERGENCY EQUIPMENT AND CREWS
At all times during the term of this franchise, the Grantee shall maintain or arrange for, on a 24-hour-a-day basis, adequate emergency equipment and a properly trained emergency crew within a reasonable distance from any pipelines, appurtenances and facilities installed or maintained pursuant hereto for the purpose of monitoring the leak detection system and the communications systems if applicable, and of shutting off the pressure and the flow of contents of such facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, fire, flood, or any other cause or nature whatsoever.

ARTICLE 9

REPAIR OF DEFECTIVE FACILITIES AND REPAIR OF DAMAGE TO CITY

STREETS
If any portion of any street shall be damaged by any reason related to the Grantee's operations pursuant to this franchise including defective facilities laid or constructed under this franchise, Grantee shall, at its own expense, repair any defect of its facilities and put such street in as good or better condition as it was before such damage was incurred, provided that any work done shall, at a minimum, conform to City standards otherwise applicable to the construction of the work performed, at the time of commencement of the work performed, to the satisfaction of the City Public Works Department. If Grantee, within ten (10) days after receipt of written notice from the City Public Works Department instructing it to repair such damage, fails to commence to comply with such instruction, or, thereafter, fails diligently to prosecute such work to completion, then the City Public Works Director immediately may take any actions which are, in the sole judgment and discretion of the City Public Works Director, necessary to repair said damage. Any and all costs and expenses so incurred shall be the sole responsibility of Grantee including the current rate of overhead, including administration and legal support,being charged by the City for reimbursable work, which cost and expense, by the acceptance of this franchise, Grantee agrees to pay upon demand. If such damage constitutes an immediate danger to public health or safety requiring the immediate repair thereof, the City Public Works Department, without notice, may repair such damage and Grantee agrees to pay the cost thereof upon demand.

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ARTICLE 10

REARRANGEMENT OF FACILITIES
A. Expense of Grantee.

1. If any of the Grantee's facilities, in the opinion of the City Public Works Director, shall endanger the public or interfere with the use of any street by the public or, for public purposes, the City shall have the right to require the Grantee, and the Grantee shall repair, replace, move, alter or relocate the same (hereinafter called "rearrangement") to avoid such danger, interference or obstruction, in conformity with the written notice of the City Public Works Department, at the Grantee's sole expense.

2. The City reserves the right to change the grade, to construct grade separation facilities, to change the width or to alter or change the location, of any street which is located within the service area for which this franchise is granted. If any of the facilities heretofore or hereafter constructed, installed or maintained by Grantee pursuant to this franchise on, along, under, over, in, upon or across any street are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, grade separation, alteration or relocation of the street, or any work or improvement upon the street, Grantee shall relocate permanently or temporarily, as directed at the sole discretion of the City Public Works Director, any such facility at no expense to the City, upon receipt of a written request from the City Public Works Department to do so, and shall commence such work, by beginning engineering, surveying, or other preconstruction activities, on or before the date specified in such written request, which date shall be not less than sixty (60) days from receipt of such written request . Grantee shall thereafter diligently prosecute such work to completion. Should Grantee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, in addition to the liquidated damages as set forth in Article 25, Grantee shall be responsible for and shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. If such street be subsequently constituted a state highway, while it remains a state highway the rights of the State of California shall be as provided in Section 680 of the Streets and Highways Code of the State of California.

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3. The City reserves the right to lay, construct, repair, alter, relocate, and maintain subsurface, surface, or other improvements of any type of description in a governmental but not proprietary capacity within, over or under the streets over which this franchise is granted. If the City finds that the location or relocation of such subsurface, surface, or other improvements conflicts with the facilities laid, constructed or maintained under this franchise, whether such facilities were laid before or after the improvements of the City, Grantee shall relocate permanently or temporarily, as directed at the sole discretion of the City Public Works Director, any such facility at no expense to the City upon receipt of a written request from the City Public Works Department to do so and shall commence such work, by beginning engineering, surveying, or other preconstruction activities, on or before the date specified in such written request, which date shall not be less than sixty (60) days from receipt of such written request. The Grantee shall thereafter diligently prosecute such work to completion. Should Grantee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, in addition to the liquidated damages as set forth in Article 25, Grantee shall be responsible for and shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. If such street be subsequently constituted a state highway, while it remains a state highway the rights of the State of California shall be as provided in Section 680 of the Streets and Highways Code of the State of California.

4. If Grantee, after the notice provided for herein from the City, fails or refuses to relocate permanently or temporarily its facilities located in, on, upon, along, under, over, across,or above any street, or to pave, surface, grade, repave, resurface, or regrade as required pursuantto any provision of this franchise, the City may cause the work to be done, and shall keep an itemized account of the entire costs thereof, and Grantee shall hold harmless the City, its officersand employees from any liability which may arise or be claimed to arise from the moving, cutting or alteration of any of Grantee's facilities, or any necessary relocation of the facilities of other utilities.

5. Grantee agrees to, and shall, reimburse the City for such cost within thirty (30) days after presentation to Grantee of an itemized account arising out of the actions taken in thisArticle 10A.

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B. Expense of Others.

1. The City shall have the right to require the Grantee to rearrange any part of the Grantees' facilities for the accommodation of the City when such rearrangement is done for theaccommodation of any water, electric, gas or other utility system now or hereafter owned or operated by the City.

Except as otherwise provided in Article 10A, such arrangement shall be at the City's expense.

2. The City shall have the right to require the Grantee to rearrange any part of the Grantee's facilities for the accommodation of any person, firm or corporation. When such rearrangement is done for the accommodation of any person, firm, or corporation, other than one of said utility systems owned or operated by the City, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement,shall deposit with the Grantee or the City Clerk cash or a letter of credit or other cash equivalentin an amount, as in the reasonable discretion of the City Public Works Department, shall be required to pay the costs of such rearrangement, and such accommodated party shall execute aninstrument agreeing to indemnify and hold harmless the Grantee from any and all damages or claims caused by such rearrangement.

3. The rearrangement referred to in subsection (1) and (2) of Section B of this Article 10 shall be accomplished in conformity with the written notice of the City Public Works Department.

C. Rearrangement of the Facilities of Others. Nothing in this franchise shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation now or hereafter owning a public utility system of any type or nature, to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee.

D. Notice. The Grantee shall be given not less than sixty (60) days written notice of any rearrangement of facilities which the Grantee is required to make hereunder.

Such notice shall specify in reasonable detail the work to be done by the Grantee and shall specify a reasonable time that such work is to be accomplished. In the event that the City shall change the provision s of any such notice given to the Grantee, the Grantee shall be given an additional period of not less than thirty (30) days to initiate such work.

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ARTICLE 11
GRANTEES’S REMOVAL OR ABANDONMENT OF FACILITIES
A. The City reserves the right to require Grantee to remove its facilities from the City streets and City public property in the event of the non-renewal, revocation or termination of this franchise or at any time thereafter with respect to those facilities abandoned in place, or for the facilities affected by the permanent discontinuance of all or a portion of the facilities. Further, so long as any abandoned facilities installed under the authority of this franchise remain in a City Street, Grantee shall maintain a performance bond, security fund, or other form of collateral, acceptable to the City, sufficient to cover the cost of the removal of all such facilities from the City streets.

B. At the expiration, revocation, or termination of this franchise or of the permanent discontinuance of the use of all or a portion of its facilities, Grantee shall, within thirty (30) days thereafter, make written application to the City Public Works Department for authority either:

1. To abandon all or a portion of such facilities in place; or

2. To remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned, their location with reference to City streets, and shall describe with reasonable accuracy the physical condition of such facilities. As part of the application for removal or abandonment of these facilities, Grantee shall submit a soil test, takenwithin thirty (30) days of the submittal of the application, for those materials to be tested annually pursuant to federal, state and local laws. A soil test shall be taken along that portion of the pipeline to be removed or abandoned at such intervals as directed in writing by the CityPublic Works Department and reasonably consistent with established sampling protocols. The City Public Works Department shall determine whether any abandonment or removal which is thereby proposed may be affected without detriment to the public interest and the conditions under which such proposed abandonment or removal may be affected. The City Public Works Department shall then notify Grantee of the City's determinations. Grantee shall also obtain permits to abandon or remove the pipeline from the City Public Works Department for all pipelines prior to the removal, abandonment or discontinuation of use of all or a portion of Grantee's facilities. The City also reserves the right to require removal of Grantee's abandoned facilities in place at any time following the expiration, revocation or termination of this franchise. Grantee shall be required to meet the obligations of all provisions of this Agreement relating to bonding, insurance, indemnification, encroachment, defense, indemnification, right of way repair and restoration, and annual franchise fee requirements of this franchise, for facilities abandoned in place.

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C. Within thirty (30) days after receipt of Notification from the City Public Works Department pursuant to Article 11.B.2 above, Grantee shall apply for a permit from the City Public Works Department to abandon or remove the facility.

D. Grantee shall, within sixty (60) days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the City's permit.

E. In the event Grantee applies to remove its facilities, and the City Public Works Department determines that any or all of the facilities cannot be removed due to a moratorium preventing work in the City streets, the payment of annual franchise fees shall be deferred during any such moratorium period, provided that Grantee promptly removes its facilities after notice by the City Public Works Department of the cessation of the moratorium and direction to remove such facilities. In the event Grantee does not promptly remove such facilities as directed, any deferred annual franchise fees shall be due and payable within thirty (30) days of notice to pay. Deferred annual franchise fees shall otherwise be waived.

F. Failure to Comply with City's Orders Regarding the Removal or Abandonment of Facilities.

1. If any orders or prescribed conditions relating to the abandonment of any facilities are not complied with, the City Public Works Department may impose such additional orders and conditions as the City deems appropriate, including an order that the Grantee remove any or all such facilities. Grantee shall comply with such additional orders.

2. In the event that Grantee fails to comply with the terms and conditions of abandonment or removal as may be required by this franchise Ordinance, and within such timeas may be prescribed by the City Public Works Department, then the City may remove or causeto be removed such facilities at Grantee's expense. Grantee shall pay to the City all of the costsof removing and disposing of these facilities, as well as returning the rights-of-way occupied pursuant to this franchise, including, but not limited to: (a) the cost of all environmental testing the City must conduct to determine the environmental condition of any rights-of way occupied pursuant to this franchise and to ascertain what procedures the City must undertake, if any, toreturn any such rights-ofway to the environmental condition required by applicable Federal, State or local environmental laws; (b) all cleanup costs, disposal costs, and any other costs associated with returning these rights-of-way to such environmental condition; (c) all costs of removing, storing, and disposing of the Grantee's facilities; (d) all costs of returning all streets tothe structural conditions they were in immediately at the beginning of Grantee's

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use of these streets pursuant to this franchise agreement; (e) plus the current rate of overhead, including administrative and legal support, being charged by the City for reimbursable work .

3. If, at the nonrenewal, revocation or termination of this franchise, or of the permanent discontinuance of the use of all or a portion of its facilities, Grantee, within thirty (30)days thereafter, fails or refuses to make written application for the abovementioned authority to remove or abandon its facilities, the City Public Works Department shall make the determinationas to whether the facilities shall be abandoned in place or removed. The City Public Works Department shall then notify Grantee of its determinations. Grantee shall thereafter comply with the applicable provisions of this Article 11.

G. For those facilities Grantee abandons in place, Grantee shall be required to maintain an acceptable performance bond, letter of credit or security fund, as determined by the City Public Works Department, to cover the costs for the removal of any such abandoned facilities from the City streets for any and all periods of time, including those periods following the expiration, revocation or termination of this franchise, that Grantee's facilities remain in the City streets. Grantee shall be required to maintain insurance and to indemnify the City pursuantto this Article during any periods the abandoned facilities remain within the City streets. Provided, however, that any pipelines which cannot be removed due to a moratorium preventing work in the City streets, may be deferred from the payment of the annual franchise fee. The payment of annual franchise fees may be deferred during any such moratorium period, provided that Grantee promptly removes its facilities after notice by the City Public Works Department of the cessation of the moratorium and direction to remove such Facilities. In the event Grantee does not promptly remove such facilities as directed, any deferred annual franchise fees shall bedue and payable within thirty (30) days of notice to pay.

ARTICLE 12

COMPLETION OF WORK
In the event that the Grantee fails to commence any work or act and diligently proceed therewith or to complete any such act or work required of the Grantee by the terms of this franchise within the time limits required hereby (and except as is otherwise provided in Articles 10 and 11), the City may cause such act or work to be completed by the City or, at the election of the City, by a private contractor. The Grantee agrees to pay the City, within thirty (30) days after delivery of an itemized bill, the cost of performing such act or work plus an amount equal to fifteen percent (15%) thereof for overhead. If the Grantee is dissatisfied with any decision made by the City Public Works Department hereunder or the determination of the cost of any work performed by the City pursuant to this Agreement, it may petition the City Council to review the same within ten (10) days

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after such decision or determination.

ARTICLE 13

RECOVERY OF COSTS OR REPAIRS AND UNPAID FEES
If the Grantee has not paid the City for such fees and expenses and/or liquidated damages incurred by or payable to the City as herein above set forth, the City may institute the followingcollection procedures (which procedures are in addition to any other rights, in law or equity, which the City has to correct amounts due under this franchise and to enforce the terms of this franchise):

A. The City Public Works Department shall keep an itemized account of the expenses incurred by the City pursuant hereto, or the fees unpaid by the Grantee.

Sixty (60) daysafter the presentation of the bill to the Grantee therefore, the City Public Works Department shallprepare and file with the City Clerk a report specifying the work done by the City, or the unpaidfees, the itemized and total cost of the work, a description of the work performed, and the name and address of the Grantee entitled to notice pursuant to this Article.

B. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report, and any protest or objections thereto. The City Clerk shall cause notice of said hearing to be posted in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the Grantee as set forth herein. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the City Public Works Department's report, together with any objections or protests which may be filed as hereinafter provided.

C. The Grantee may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the City Public Works Department. Any such protest or objection must contain a description of the work or unpaid fee or liquidated damages in which the Grantee is contesting and the grounds of such protest or objection and the date it was received by them. They shall present such protest or objection to the City Council at the time set for the hearing, and no other protest or objection shall be considered, except as determined by the City Council for good cause shown.

D. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Public Works Department together with any such objections or protests, make such revision, correction or modification to the charge as it may deem just; and when the City Council is satisfied with the correctness of the charge, the report (as revised, corrected or modified), together with the charge, shall

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be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be the final and conclusive decision of the City.

E. The City Council may thereupon order that such charge shall be made a personal obligation of the Grantee or assess such charge against the property of the Grantee.

1. If the City Council orders that the charge shall be a personal obligation of the Grantee, it shall direct the City Attorney to collect the same on behalf of the City by use of all appropriate legal remedies.

2. If the City Council orders that the charge shall be assessed against the property of the Grantee, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter, said assessment shall constitute a special assessment against a lien upon any property held in the City of San Luis Obispo by the Grantee.

F. The validity of any assessment made under the provisions of this franchise shall not be contested in any action or proceeding unless the same is commenced within ninety (90)days after the assessment is placed upon the assessment roll as provided herein.

G. The City Council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not more than five (5) equal annual installments. The City Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be adopted by a resolution prior to the confirmation of the assessment.

H. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shallbe liens against the property of the grantee in the City of San Luis Obispo. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county, and municipal taxes with whichit shall be upon a parity.

The lien shall continue until the assessment and all interest due and payable thereon are paid.

1. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the highestrate permitted by law from and after said date.

I. After confirmation of the report, certified copies of the assessment shall

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be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shallbe those used for the same parcels on the County Assessors map books for the current year.

J. The amount of the assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy collection and enforcement of taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary City taxes is in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary county taxes.

K. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Finance Director.

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ARTICLE 14
BOND
A. Grantee shall, concurrently with the filing of and acceptance of award of this franchise, file with the City Clerk, and yearly thereafter, maintain in full force and effect, a bondguaranteeing to the City of San Luis Obispo the penal sum of One Million Dollars ($1,000,000.00), with a surety to be approved by the City Public Works Director and City Risk Manager, conditioned that Grantee shall, well and truly observe, fulfill and perform each and every term and condition of this franchise, and in a material breach of condition of said franchise, at the discretion of the City Public Works Director, a percentage of the amount of thebond shall be paid to the City according to the following schedule, which cumulative amount for any said breach not cured within the time specified below shall not exceed the full amount of the bond, in addition to any damages recoverable by the City and shall be recoverable from the principal and sureties of the bond:

Following receipt of notice by Certified Mail sent by the City, failure to cure said breach of condition, within: Penal sum paid to City:
10 business days 5% of the amount of the bond
30 calendar days 30% cumulative amount of the bond
60 calendar days 70% cumulative amount of the bond
90 calendar days 100% cumulative amount of the bond

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ARTICLE 15

INSURANCE
A. The Grantee shall procure and shall keep in force for the term of the franchise, at the sole cost and expense of the Grantee, the following insurance. All insurance coverages are to be placed with insurers which have a Best's rating of not less than A- VIII and are admitted insurance companies in the State of California. Grantee may satisfy the requirements of this Article 15 by showing proof of self-insurance and may self-insure the requirements of Article 15 to the greatest extent allowed by law.

Commercial General Liability Insurance (CGL): Grantee shall maintain in full force and effect Commercial General Liability Insurance with the following coverages:

1. Personal Injury and Bodily Injury, including death resulting therefrom.

2. Property Damage.

The amount of insurance shall not be less than the following: Single limit on the coverage applying to bodily and personal injury, including death resulting therefrom, property damage, in the total amount of Ten Million Dollars ($10,000,000.00) any one occurrence and $10,000,000 in the aggregate.

The following endorsements must be provided in the CGL policy:

1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence."

2. The policy must cover personal injury as well as bodily injury.

3. Blanket contractual liability must be afforded, and the policy must contain a cross- liability or severability of interest endorsement.

4. Broad Form Property Damage Liability must be afforded.

5. Products and Completed Operations coverage must be provided.

6. To the extent of the risks, liabilities, and indemnification obligations assumed by Grantee under this agreement all policies required herein, not including Workers compensation, and Employers Liability shall include the City, its officers, employees and agents shall be named as additional insured under the policy. The policy shall include the appropriate insurance company endorsement, as required under City regulations. The policy shall provide that the insurance will operate as primary insurance to the extent of the risks and liabilities assumed by Grantee under this agreement. No other insurance effected by the City, whether commercial or self - insurance will be called upon to contribute to a loss hereunder.

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Auto Liability Insurance: Automobile Liability insurance with a combined bodily injury and property damage limit of US $5,000,000 per accident, or per statutory requirements, whichever amount is greater, covering all owned, non-owned, and/or leased vehicles, and including pollution liability coverage. If hazardous materials are hauled then the Policy shall contain a MCS-90 Endorsement with a Policy Limit of $5,000,000 per accident.

Worker’s Compensation Insurance. Grantee shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance for Grantee’s employees in accordance with the laws of the State of California, Section3700 of the labor Code. In addition, Grantee shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employee’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.

The following requirements apply to all insurance to be provided by Grantee:

1. A certificate of insurance or evidence of self-insurance shall be furnished to the City.

2. Certificates shall state that the policies will not be canceled or reduced in coverage or changed in any other material respect without prior written notice as soon as practicable to the City.

B. Failure on the part of Grantee to procure or maintain required insurance and bonding shall constitute a material breach of this franchise upon which the City may immediatelyterminate or suspend this franchise.

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ARTICLE 16

INDEMNIFICATION BY GRANTEE
The Grantee, by the acceptance or use of the franchise hereby granted, shall defend, indemnify and shall keep and save free and harmless the City, its officers, agents and/or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by it of the City streets hereunder or arising out of anyof the operations or activities of the Grantee pursuant to this franchise, whether such damage shall be caused by its own sole negligence or negligence concurrent with the City, excepting therefrom, however, any claim or demand based on the sole negligence or willful misconduct ofthe City and any claim, demand, or cause of action which may be asserted, prosecuted or established against the City under the provision of the Worker's Compensation Act for injury toor the death of any of City's officers, agents or employees while acting within the scope of their employment, except that Grantee shall indemnify the City for any Worker’s Compensation liability arising out of injuries to City employees incurred as the result of necessary oversight or inspection of Grantee activities pursuant to this Agreement.

Grantee shall not be responsible for the sole negligence, criminal, fraudulent or malicious conductof the City.

ARTICLE 17

CHANGES IN CONTROL OF FRANCHISE
A. On and after the Grantee's acceptance of this franchise as provided in Article 23 herein, Grantee, its partners, its shareholders, or any other person or persons holding an interestin Grantee shall not transfer any interest in the franchise where such a transfer would lead to another person achieving a twenty-five percent. (25%) or greater interest in this franchise or change control of this franchise unless the City approves such a transfer or change in control. The City shall approve a request for transfer or change in control only if doing so serves the public interest. As used in this franchise Ordinance, "control" includes actual working control inwhatever manner exercised.

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1. The City shall deny any such request for transfer or change in control a) ' if the transferor or transferee fails to comply with any applicable provision of this Article of this franchise Ordinance, or if the City determines the transferor is in non-compliance with the termsand conditions of this franchise Ordinance, or if a transferee is lacking in experience and/or financial ability to operate the pipelines authorized by this franchise Ordinance, or if theproposed transfer will be detrimental to the public interest. Both the Grantee and the proposed transferee shall inform the City Public Works Department of any pending change in control of this franchise or of any pending transfer of an interest in the franchise requiring the City's consent pursuant to this Article, and each shall provide applications containing all documents on which the transfer or change in control is predicated and all documents which the City Public Works Department determines are necessary to evaluate the transfer or change of control. These applications shall be signed by duly authorized representatives of the Grantee and the proposed transferee, with signatures acknowledged by a notary. The appropriate transfer fee described in Article 17(C), infra shall accompany these applications.

2. Grantee's application shall include:
a. Identification and ownership of the proposed transferee in the same detail as if the proposed transferee were an applicant for an initial grant. b. Current financial statements showing the financial condition of the Grantee as of the date of the application. In this application, the Grantee shall also agree to submit financial statements showing the condition of the franchise as of the closing. Said financial statements shall have been audited and certified by an independent certified public accountant and shall be submitted within ninety (90) days of the closing.

3. The proposed transferee's application shall contain current financial statements of the proposed transferee and other such information and data, including but not limited to sources of capital, as will demonstrate conclusively that the proposed transferee has all the financial resources necessary to acquire the pipeline(s), carry out all of the terms and conditions of the franchise, remedy any and all defaults and violations of the provisions of this franchise in the Grantee's past and present operations, make such other improvements an additions as may be required or proposed to maintain and conduct the services and facilities required under this franchise . The proposed transferee will be required to authorize release of financial information to the City from financial institutions relating to information supplied by the proposed transferee in support of the application. The proposed transferee's application shall also include:

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a. A construction schedule, describing type and placement of construction, detail phases of construction, and include map(s) correlated to the phases of construction. Map(s) shall include detail on the location, length, depth, and internal diameter of any planned pipelines.
b. Copies of any agreements with utility companies for the use of any facilities including, but not limited to, poles, lines, and conduit. c. A description of plans for emergency equipment and
personnel enabling the transferee to meet the emergency equipment personnel requirements in Article 8 herein.
d. Any information indicating as specifically as possible that any principal, manager, or associate of the proposed transferee or a parent entity of the proposed transferee has previously been or is currently:
i. A party to a criminal proceeding (involving felonies or misdemeanors) in which any of the following offenses have been charged: fraud, embezzlement, tax evasion, bribery, extortion, jury tampering, obstruction of justice (or other misconduct affecting public or judicial officers in the performance of their duties), false/misleading advertising, perjury, antitrust violations (state or federal), violation of environmental laws or regulations, or conspiracy to commit any of the foregoing. ii. A party to a civil proceeding concerning liability for any of the following: unfair or anticompetitive business practice, antitrust violations (state or federal) including instances in which consent decrees were entered, violations of security laws (state or federal), false/misleading advertising, racketeer influences and corrupt organizations, violation ofenvironmental laws or regulations, or contraband forfeitures. iii. Subject to any penalty, criminal or civil, involving failure to comply with the requirements of a pipeline franchise. iv. Involved in instituting legal action against its
franchising authorities.
v. Involved in revocation/non-renewal of any other
franchise.
e. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the City or by any provision of law.
f. An express and unconditional written acceptance of the terms and conditions of this Franchise Ordinance, in its most current form, as a condition to the transfer.

B. A fee shall be submitted with the applications for the City's consent to transfer or change of control.

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1. Where the City's consent to a transfer or a change of control of this franchise does not result in the modification of this franchise by adoption of an amending ordinance, this fee for each application shall be as set forth in the City's fee ordinance.

2. Where the City's consent to a transfer or a change of control of this franchise results in the modification of this franchise by adoption of an amending ordinance this fee shallbe as set forth in the City's fee ordinance.

3. In the event the costs to process the applications exceed the fees detailed above, the applicants may be required to pay any additional costs incurred by the City in processing theapplicants' requests for the City's consent to the transfer or change of control of this franchise. Such costs may include the cost incurred for hiring consultants to assist in evaluating the applications. Such costs shall be paid by the applicants prior to final consideration of the requestby City Public Works Department, or the City Council, as applicable.

C. Within thirty (30) days of the effective date of the City's approval of the transfer or change of control, or within thirty (30) days of the date of the close of the transfer or change of control, the Grantee shall file with the City Public Works Department: ( 1 ) a certified copy ofeach duly executed instrument of such a transfer or change in control; and (2) the submittal of afinal accounting and report of all fees due under this franchise. The proposed transferee shall be responsible for any underpayment and shall be entitled to a credit for any overpayment. Withinninety (90) days of the closing of the transfer or change of control, the Grantee shall submit financial statements, audited and certified by an independent certified public accountant, showing the condition of the franchise as of the closing. If such duly executed instruments are not filed with the City Public Works Department by the deadlines imposed in this Article, or if the final documents are different from the preliminary documents, the City Public Works Department may inform the proposed transferee that the transfer or change in control is not deemed to be in force and effect. The City Public Works Department may then administratively determine that this franchise is forfeited, and the City Council may, without notice, by ordinance repeal this franchise.

D. As a condition to the granting of consent to such a transfer or change in control, the City Council may impose such additional terms and conditions upon this franchise and upon the proposed transferee as are in the public interest. Such additional terms and conditions shall be imposed by ordinance. Nothing herein contained shall be construed to grant Grantee the right to transfer or change control of this franchise or any part thereof, except forthe manner aforesaid. This Article 17 applies to any transfer of this franchise, or of any change in control of this franchise, whether by operation of law, by voluntary act of Grantee, or otherwise.

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ARTICLE 18

WAIVER OF BREACH
No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this franchise by the City shall be construed to be a waiver of any succeeding breach of the same or other covenant, agreements, restrictions, or conditions of this franchise. No delay or omission of the City in exercising the right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this franchise.

ARTICLE 19

DEFAULT
A. In the event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein, the City may give written notice to the Grantee of such default by certified mail. In the event that the Grantee does not commence the work necessary to cur e such default within five (5) business days after such notice is received or prosecute such work diligently to completion, the City may declare this franchise forfeited by giving written notice thereof to the Grantee, whereupon this franchise shall be void and the rights of the Grantee hereunder shall terminate and the Grantee shall execute an instrument of surrender and deliver the same to the City. If the City Council declares this franchise forfeited, it may thereupon and thereafter exclude the Grantee from further occupancy or use of all City roads and streets authorized under this franchise. A forfeiture of said franchise shall not of itself operate to release any bond filed for said franchise. Upon declaring a franchise forfeited, the City Council may elect to take and accept any bond as liquidated damages therefore or pursue any other legal remedy for any damage, loss or injury suffered by the City as a result of such breach or both. After forfeiture, any bond shall remain in full force and effect for a period of one (1) year unless exonerated by the City Council. No bond shall be exonerated unless a release is obtained from the City Public Works Department and is filed with the City Clerk. The release shall state whether all excavations have been back filled, all obstructions removed, and whether the substratum or surface of City streets occupied or used have been placed in good and serviceable condition. Arelease shall not constitute a waiver of any right or remedy which the City of San Luis Obispo may have against the Grantee orany person, firm or corporation forany damage, lossorinjury suffered by the City as a result of any work or activity performed by the Grantee in the exercise ofthis franchise.

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B. No provision herein made forthe purpose of securing the enforcement ofthe termsand conditions ofthis franchise shall be deemed an exclusive remedy, orto afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedies and procedure herein provided, in addition to those provided by law shall be deemed to be cumulative.

ARTICLE 20

SCOPE OF RESERVATION
Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted which are not inconsistent with the terms of this franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as the City may now or hereafter have in law.

ARTICLE 21
NOTICE
Any notice required to be given under the terms of this franchise, the manner of service of which is not specifically provided for, may be served as follows:

Upon the City, by serving the City Clerk, personally or by addressing a written notice to the City Clerk of the City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA 93401, and depositing such notice in the United States mail, postage prepaid.

Upon the Grantee, by addressing a written notice to Grantee addressed to Phillips 66 Pipeline LLC, Real Estate Services, 3900 Kilroy Airport Way, Suite 210, Long Beach, CA, 90806, or such other address as may from time to time be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid.

When service of any such notice is made by mail, the time of such notice shall begin with and run from the date of the deposit of same in the United States mail.

ARTICLE 22

SUCCESSORS
The terms herein shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto, subject, however, to the provisions of Article 17.

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ARTICLE 23

ACCEPTANCE OF FRANCHISE
A. This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained. By accepting this grant of franchise, Grantee shall agree to be bound by each and all of the requirements of Article X, Sections 1001 through 1007 of the SanLuis Obispo City Charter.

B. Grantee shall, within ten (10) days after the passage of this franchise Ordinance, file with the City Clerk an express and unconditional written letter of acceptance of, and consent to, the terms and conditions of this franchise Ordinance, in its current version, and as subsequently amended, pursuant to San Luis Obispo City Charter, Article X, Section 1004.

C. The parent entity, or entities, if any, of Grantee, shall file a letter with the City, concurrent with Grantee's letter of acceptance, which guarantees the performance of each andevery term, covenant and condition imposed on Grantee pursuant to the franchise Ordinance.

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D. Grantee's letter of acceptance shall be signed by two (2) duly authorized representatives of Grantee, whose signatures shall be acknowledged by a notary, and shall beaccompanied by the performance bond and evidence of insurance required by this franchiseOrdinance.

ARTICLE 24

FORCE MAJEURE
The time within which Grantee is obligated hereunder to construct, erect, maintain, operate, repair, renew, change the size of and remove pipelines or other improvements shall beextended for a period of time equal in duration to, and performance in the meantime shall be excused on account of, and for, and during the period of any delay caused by strikes, threats ofstrikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or regulation of any governmental agency law or ordinance,impossibility of obtaining materials, or other things beyond the reasonable control of Grantee.

ARTICLE 25

LIQUIDATED DAMAGES
A. By acceptance of this franchise, Grantee understands and acknowledges that failure to timely comply with any performance requirements stipulated in this franchise Ordinance will result in damages to the City, and that it is and will be impractical to determine the actual amount of such damage in the event of delay or nonperformance. Each of the amounts set forth below has been set in recognition of the difficulty of affixing actual damages arising from breach of these time of performance requirements. Each of said amounts constitutes a reasonable estimate of these damages. This section does not limit the rights and remedies available to the City for damages other than the timely compliance with performance requirements as describe d in this section. The liquidated damages set forth below shall be chargeable to the bond, letter of credit or security fund provided for in Article 14, supra, should Grantee not make payment within thirty (30) days of written notice by certified mail by the City that the following amount s are due for the following concerns:

1. Failure to provide data, documents, or reports within ten (10) business days after receipt of written request by the City, by certified mail, or such longer time as may be specified in said request: Two Hundred Fifty Dollars ($250.00) per day for each day, or part thereof that each violation continues.

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2. Failure to provide to the City within ten (10) business days after receiptof written request by the City, by certified mail, current evidence of insurance and bonding: Two Hundred Fifty Dollars ($250 .00) per day for each day, or part thereof, that each noncompliance continues. Nothing in this Section shall preclude immediate termination or suspension of this franchise as provided for under Article 15B, supra.

3. Failure by Grantee to timely restore public or private property after performance of work and following Grantee's receipt of written request by the City to do so within ten (10) business days thereafter by certified mail: Two Hundred Fifty Dollars ($250.00) per day or part thereof, that each non-compliance continues.

Any fines paid pursuant to this Subsection 3 shall be paid solely to the Street Fund of the City Public Works Department.

B. If the City Public Works Department determines that Grantee is liable for liquidated damages, the City Public Works Department shall issue to Grantee by certified mail written notice of intention to charge liquidated damages. Liquidated damages shall begin to accrue as of the date of the written notice and as set forth in said notice. The notice shall set forth the basis for the liquidated damages and give Grantee a reasonable time in which to remedy the violation.

C. Grantee shall have the right to appeal any notice to the City Public Works Department by certified mail, within twenty (20) days after issuance of the notice by the City Public Works Department. The City Public Works Department shall hold an administrative hearing within sixty (60) days after receipt of an appeal.

The City Public Works Director's decision shall be the final decision of the City.

D. If Grantee does not appeal the notice within said twenty (20) day period, Grantee shall pay the amount(s) of liquidated damages as stated in the notice. If payment is not paid as provided for in this Article, the City may withdraw against the bond provided for in Article 14 herein.

ARTICLE 26
ATTORNEY’S FEES
In the event the City or Grantee brings legal action against the other, or against Grantee's bonding companies or insurance carriers to compel performance of, or to recover for breach of any covenant, agreement or condition contained in this franchise, or for damages, the prevailing party shall be entitled to, in addition to any other relief obtained, such reasonable attorneys' fees

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ARTICLE 27

CONDEMNATION
Notwithstanding anything to the contrary contained herein and in accordance with San Luis Obispo City Charter Article X, Section 1005, this Ordinance shall not in any way affect theright of the City to acquire the property of the Grantee thereof either by purchase or through theexercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility.

The City reserves the right to purchase the property of such utility at an agreed price.

In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), goodwill, going concern, earning power, increased cost of reproduction, severance damage, or increased value of right-of-way.

ARTICLE 28

SURVIVAL OF OBLIGATIONS
Grantee’s obligations of all provisions of this Agreement relating to bonding, insurance, defense, indemnification, encroachment, right of way repair and restoration, and annual franchise fee requirements of this franchise shall survive the termination or expiration of this Agreement and obligations to save, defend and indemnify the City from harm related to Grantee’s facilities and operations specifically shall apply to all facilities or appurtenances remaining in City right of way and any and all claims or allegations against the City relating to or arising from Grantee’s use or occupation of public property.

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SECTION 3. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The New Times, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage.

INTRODUCED on the 15th day of February 2022, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the ____ day of ____, 2022, on the following vote:

AYES:

NOES:

ABSENT:
___________________________
Mayor Erica A. Stewart
ATTEST:
_______________________
Teresa Purrington,
City Clerk
APPROVED AS TO FORM:
_______________________
J. Christine Dietrick,
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________
Teresa Purrington,
City Clerk

Item 5d
Department: Administration
Cost Center: 1021
For Agenda of: 3/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Greg Hermann, Deputy City Manager
Prepared By: Kevin Christian, Deputy City Clerk
SUBJECT: 2022 ANNUAL APPOINTMENTS TO CITY ADVISORY BODIES

RECOMMENDATION
As recommended by the Council Liaison Subcommittees, make appointments to the City of San Luis Obispo's (City) advisory bodies as set forth below and continue to recruit for any unfilled vacant positions.

DISCUSSION
The City has a long history of involving its residents in the business of City government.

Holding a position on an advisory body provides an opportunity for interested residents to participate in the governing of their community under guidelines and procedures established by Council. The City recruits annually to fill scheduled vacancies, making new appointments each March to fill terms that typically commence on April 1st of each year.

Recruitment for unscheduled vacancies is done as needed but is consolidated with the annual recruitment whenever possible.

This year the City recruited to fill 31 scheduled and unscheduled citizen Advisory Body positions. The recruitment was conducted between November 24, 2021 and January 16, 2022. A total of 46 qualified applications were received. Council Liaison Subcommittees reviewed applications and conducted interviews during the months of January and February 2022. The following recommendations will fill 24 of these vacancies.

Recruitment for the remaining vacancies continues.

No vacancies currently exist on the Area Agency on Aging, the Citizen Transportation Committee, the Housing Authority Board, the Investment Oversight Committee, or the Tourism Business Improvement District Board. Therefore, no recruitment was held for these Advisory Bodies.

Item 5d
Council Liaison Subcommittee Recommendations
Active Transportation Committee
Lea Brooks to a four-year term commencing April 1, 2022 and expiring March 31, 2026; and Kimmie Nguyen to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Francine Levin to the remainder of a vacant four-year term, commencing April 1, 2022, and expiring March 31, 2025.

Administrative Review Board
Alex Karlin to a three-year term commencing April 1, 2022, and expiring March 31, 2025; and
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2024.

Architectural Review Commission
Robert Arens to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and Michael Clark to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and Jacob Domine to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and Kelly Abbas to the remainder of a vacant four-year term, commencing April 1, 2022, and expiring March 31, 2023.

Citizens’ Revenue Enhancement Oversight Commission
Jim Hamari to a four-year term commencing July 1, 2022, expiring June 30, 2025; and Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2025.

Construction Board of Appeals
Christopher Wiedeman to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2026 for the disability community representative.

Cultural Heritage Committee
John Tischler to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and Valerie Butterbredt to the remainder of a vacant four-year term, commencing April 1, 2022, and expiring March 31, 2025.

Human Relations Commission
Dusty Colyer-Worth to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Catuih Campos to a four-year term commencing April 1, 2022, and expiring March 31, 2026.

Item 5d
Jack House Committee
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2025, and one unfilled vacancy for the Cal Poly horticulture representative with no term expiration.

Mass Transportation Committee
Dinah Nassar to a four-year term as an “Alternate Representative” commencing April 1, 2022, and expiring March 31, 2026.

Robin Kisenger to a four-year term as the “Senior Representative” commencing April 1, 2022, and expiring March 31, 2026.

Personnel Board
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2026.

Planning Commission
Robert Jorgensen to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Juan Miguel Munoz-Morris to a four-year term commencing April 1, 2022, and expiring March 31, 2026.

Promotional Coordinating Committee
Maureen Forsberg to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Lori Lerian to a four-year term commencing April 1, 2022, and expiring March 31, 2026 Parks and Recreation Commission
Adam Stowe to a four-year term commencing April 1, 2022, and expiring March 31, 2026.

Tree Committee
Elizabeth Lucas to a four-year term commencing April 1, 2022, and expiring March 31, 2026; and
Henry Bonifas to the remaining one year of a vacant four-year term and to the following regular four-year term, commencing April 1, 2023, and expiring March 31, 2027.

Zone 9
Christine Mulholland to a four-year term commencing January 1, 2023, expiring December 31, 2027; and
Continue to recruit for one unfilled vacancy with a term expiration of March 31, 2027.

Applications of those who were unsuccessful in this process will be kept on file for the next full year and will be notified of any subsequent vacancies. However, advertisement of any unscheduled vacancy will be made in accordance with statutory requirements and all applicants will be considered for the vacancy.

Item 5d
Policy Context
The Advisory Body Handbook, last adopted by City Council in September 2021, outlines the recruitment procedures, membership requirements, and term limits. Also contained in the Advisory Body Handbook are the bylaws for all advisory bodies, some of which include additional membership requirements. Additionally, the City Council Policies and Procedures Manual, last adopted in April 2021, describes the “Appointment Procedure” and “Process” for Advisory Body appointments. Recruitment and appointment recommendations were performed in conformance with all recruitment procedures, processes, and bylaws found in these resources.

California Government Code Section 54972, Local Appointments List (Maddy Act) requires that on or before December 31st of each year, each legislative body shall prepare an appointments list for their boards, commissions, and committees whose members serve at the pleasure of the legislative body. This obligation was met and is on-going.

Public Engagement
Notices that the City was accepting applications for the above listed Advisory Bodies were placed in The New Times, on the City’s website and “e-notification” service, listed in the annual Local Appointments List (Maddy Act Notice – GC 54972) on the City Website and City Information kiosk, and distributed via City social media outlets.

CONCURRENCE
As presented in the recommendations, the various City Council sub-committees for the Advisory Bodies are in concurrence with the stated recommendations along with the City Clerk’s office that coordinated and organized the process.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.

Item 5d

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: N/A
Fiscal Analysis:

Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund N/A $ $ $
State
Federal
Fees
Other:

Total N/A N/A N/A N/A
There is no fiscal impact for the appointment of the above Advisory Body members.

Administration of the process is considered in the City Clerk’s annual budget and compensation for Architectural Review Commission (ARC) and Planning Commission (PC) is included in the adopted budget for the Community Development Department.

ALTERNATIVES
Council could recommend changes to the recommended appointments or direct staff to re-open recruitment for additional candidates. This action is not recommended as the recruitment effort has been quite extensive and the various Council sub-committee members are in concurrence with the stated recommendation.

ATTACHMENTS
All applications are available for public review by request in the Office of the City Clerk, which can be reached at (805) 781-7100 or [email protected] during normal business hours.

City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: March 15, 2022
TO: Mayor and Council
FROM: Matt Horn, Public Works Director
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 5E – AUTHORIZATION TO ADVERTISE TRANSIT FACILITY EV

CHARGING INFRASTRUCTURE
Staff received the following paraphrased questions from Council regarding the Transit Facility Electric Vehicle Charging Infrastructure Project, Specification Number 1000535.

This correspondence addresses those questions.
1) Question: What are ZEBs?
Answer: ZEBs is an acronym for Zero Emission Buses. The two electric buses the City is acquiring in 2022 are both zero emission buses (ZEBs) that will replace two aged diesel transit buses.
2) Question: Where are ChargePoint EV chargers installed and are these chargers supported by an app that can be use throughout the state? Answer: ChargePoint chargers have been installed at the Marsh Street Parking Structure and the City Hall Parking Lot. ChargePoint chargers are also planned to be installed at the Corporation Yard to support the City’s Electric Vehicle expansion. ChargePoint does provide a mobile application that can be used by the public to access EV charging stations in addition to complimenting and creating a charging ecosystem should a ChargePoint be installed as a home charger. The City currently has a contract with ChargePoint for the public chargers installed at the Marsh Street Parking Structure. At this time there is no plan to use a mobile application at the Transit Facility as these are not open to the public for use. 3) Question: From the Financial Section of the staff report, it seems like we will be able to more than cover the costs of these two chargers (1.3 mil) without the use of Transit Fund (including the ARPA, LCTOP and rebates from PG&E and APCD), so why is budget from the Transit Funds included in this project? Answer: Staff is currently pursuing multiple grant opportunities, rebates, and reimbursement opportunities for this project. The Fiscal Impact section of the report is intended to show Council that the project has multiple funding options and staff will utilize available budget to complete the project. Some funding sources are

Item 5e - Authorization to Advertise Transit Facility EV Charging Infrastructure Page 2 in the form of rebates and reimbursements and may not be provided prior to the completion of the project. In this case these funds will be used to reimburse the Transit Fund and support future projects. If enough funding is secured outside the Transit Fund prior to the start of work, the remaining project budget will be returned to the Transit Fund for future projects and expenses.

Item 5e
Department: Public Works
Cost Center: 5201
For Agenda of: 3/15/2022
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Shelsie Moore, Engineer III
SUBJECT: AUTHORIZATION TO ADVERTISE TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SPECIFICATION 1000535

RECOMMENDATION

1. Approve the project plans and specifications for the Transit Facility Electric Vehicle Charging Infrastructure, Specification Number 1000535; and

2. Authorize staff to advertise for bids; and

3. Authorize the Finance Director to appropriate American Rescue Plan Act (ARPA) funding and Low Carbon Transit Operations Program (LCTOP) funding upon award; and

4. Authorize the City Manager to award the Construction Contract pursuant to Section

3.24.190 of the Municipal Code for the bid total, if the lowest responsible bid is within the publicly disclosed funding limit of $950,000 and within the available project budget; and

5. Authorize the City Engineer to approve Contract Change Orders up to the available project budget; and

6. Approve a City Sole Source purchase from ChargePoint in an amount not to exceed $150,000 for the purchase of two ChargePoint Express 250 Chargers and authorize the Finance Director to execute and issue a Purchase Order upon receipt of final quote.

DISCUSSION
Background
The State of California’s Air Resource Board has mandated that transit agencies convert to zero emission vehicles by 2040. The City of San Luis Obispo’s Climate Action Plan (CAP) also has the ambitious goal for City services to be carbon neutral by 2030. In support of this, City Council has previously approved the purchase of two (2) electric transit vehicles on July 7, 2020, to replace two aged diesel transit buses. These zero emission buses (ZEB) are expected to be delivered in 2022. Transit agencies require infrastructure at their facilities to deploy and operate ZEB technology as efficiently and productively as possible. SLO Transit requires the proposed infrastructure to achieve the City’s current CAP goals and compliance with the State’s Innovative Clean Transit Mandate.

Item 5e
The Project
This project will construct the electric vehicle infrastructure needed to support the City’s acquisition of two zero emission buses. The project includes infrastructure improvements for a twenty-bus bay to be used by both existing diesel buses and electric buses as they are acquired. The project will also install two ChargePoint Express 250 units within the new bus bay for the first two electric buses and stub out future conduit for the expansion of the electric fleet. Chargers and electric buses will likely need a ratio close to 1 to 1 in that most of the operational electric buses will need to charge every night so the buses are useable during the day.

The project also includes an additive alternate scope of work. This project’s additive alternate bid items include infrastructure improvements for another four-bus bay and two charger facility to the east of the existing Transit Maintenance Building. With the additive alternate bid items, the contractors bidding the project provide the cost of the additive items of work and staff will make the determination whether to award this portion of work if the cost is within available budget. If it is not within the available budget to award the additive alternate, the work will be deferred until the future electric fleet expansion requires these additional chargers.

Sole Source Justification
Staff recommends purchasing the charger units directly from ChargePoint which will ensure chargers meet the requirements of the City’s new buses, reduce the construction duration in material delivery, and help the City acquire PG&E incentive rebates for approved charger infrastructure. Staff recommends pursuing a sole source justification (Attachment C) pursuant to San Luis Obispo Municipal Code Chapter 3.24.060 because the products from ChargePoint have been standardized at other City facilities.

The product is also compliant with the Federal Transportation Authority (FTA) and Federal Highway Administration (FHWA) Buy America Options. This project is using federal dollars and must comply with federal procurement requirements. Referring to FTA Circular 4220.1F, sole source procurement is acceptable if one or more conditions are satisfied:
i. Unique Capability or Availability
ii. Unique or Innovative Concept
iii. Patents or Restricted Data Rights
iv. Substantial Duplication Costs
v. Unacceptable Delay

Item 5e
In this case, the following conditions exist:

Unique Capability or availability. The charge units from ChargePoint meets the power and charging requirements for the City ZEBs. ChargePoint is the only US firm with available unit within delivery timeframe for this project.

Unacceptable Delay. The other firms are from outside the US and delivery delays would cause unacceptable delays to the completion of the project.

Previous Council or Advisory Body Action
This Project was identified in the 2021-23 Financial Plan that was approved by Council.

Policy Context
Consistent with the October 2018 Purchasing Policy Update to the July 2015 Financial Management Manual, Council approval must be obtained before proceeding with this project, as approval is required for Public Projects that cost over $175,000.

Public Engagement
Public engagement was conducted during the initial identification of this Project to be included in the 2021-23 Financial Plan.

CONCURRENCE
This project has the concurrence of the Administration and Public Works Departments.

ENVIRONMENTAL REVIEW
This project is exempt from environmental review under Section 15301 Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines because this project proposes to work within the exiting transit facility. The project is consistent with the applicable general plan policies as well as with applicable City Regulations. A Notice of Exemption will be filed through the Community Development Department upon Council approval of the project.

Staff is also proposing to federalize this project through the use of American Rescue Plan Act (ARPA) Funds. The project is exempt from NEPA review under the Categorical Exclusions (C-List) Class II(c) for Type 08: maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change of functional use.

Item 5e

FISCAL IMPACT
Budgeted: Yes Budget Year: 2021-22
Funding Identified: Yes
Fiscal Analysis:

Funding Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund
State: LCTOP* $291,132 $291,132 $0 N/A
Federal: ARPA* $898,093 $898,093 $0 N/A
Other: Transit Fund $715,000 $186,275 $528,725 N/A
Other: APCD* $420,000 $0 $420,000 N/A
Other: PG&E* $50,000 $0 $50,000 N/A
Total $2,374,225 $1,375,500 $998,725 N/A
* Highly Likely to Secure, Pending Approval
Construction Estimate
Additive Atl A Estimate
Contingencies (20%)
Total Construction Estimate
Construction Support Services
Materials Testing
Printing & Advertising
Charger Purchase
Design Costs
Total Project Estimate
Available Project Balance
ARPA Funding *
LCTOP Funding *
APCD Funding **
PG&E Funding **
Remaining Balance $998,725
$150,000
$200,000
$1,150,000
$15,000
$5,000
$291,132
$898,093
$500
$55,000
$1,375,500
$420,000
$50,000
Transit Facility Electric Vehicle Charging Infrastructure, Specification No. 1000535
$715,000
$150,000
Project Account (1000535)
Transit Fund (621)
$800,000
* These are grant opportunities that are being executed by Transit **These are rebate/reimbursement opportunities that are being executed by Transit

Item 5e
This project is identified in the 2021-23 Financial Plan, Capital Improvement Program (page 485). Funding for a portion of this project is available in the project account 1000535. The remaining project costs are proposed to be paid by grant opportunities.

One source of potential funding for this project is ARPA funding. The Transit Program of Public Works is actively pursuing grant funding up to $898,093 for electric vehicle charging infrastructure projects. This funding is specific to transit projects and is part of the Federal Transit Administration ARPA apportionment and is separate from the $13.5 million in Coronavirus State & Local Fiscal Recovery Funds identified with the Mid-Year Budget Report. Transit staff is expecting this funding to be secured by April 2022 in time for award of the project.

Another source of potential funding for this project is the Low Carbon Transit Operations Program (LCTOP). The LCTOP grant funding is locally approved and actively being pursued by the Transit Program of Public Works (Attachment D). Staff estimates this funding will be secured by July 2022 and will align with the delivery of the two charger units to be purchased by the City. These funds will be used to supplement the project construction costs and charger purchase if available before completion of the project.

If sufficient grant funding is not secured prior to the award of the project and bid results are higher than the available project budget, staff will return to City Council to recommend additional fund transfers to complete the project.

The City is also working with PG&E and the Air Pollution Control District (APCD) to receive rebates and reimbursements for completing this project to support the reduction in greenhouse gas emissions and the future expansion of the electric fleet. PG&E will provide a rebate of up to $25,000 per eligible charger installed. This project will install two chargers at this time and be eligible for a $50,000 rebate. APCD is currently providing a reimbursement of up to 60% of eligible costs for EV infrastructure projects depending on their total available funding. The City anticipates receiving approximately $420,000 in reimbursements from APCD for eligible construction expenses.

ALTERNATIVES
Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as the transit facility requires significant infrastructure to be installed in order to charge the electric bus that has been ordered to begin compliance with the City’s Climate Action Major City Goal, including carbon neutral municipal operations by 2030.

Item 5e

ATTACHMENTS
A - Project Plans (1000535)
B - Project Specifications (1000535)
C - Sole Source Justification Document
D - LCTOP Council Report Authorizing Pursuit of the Grant Funding

HORIZONTAL CONTROL FOR POINTS _____ & _____ AS
PUBLISHED IN THE CITY OF SAN LUIS OBISPO 2007 HORIZONTAL CONTROL NETWORK. CITY NETWORK IS BASED ON THE NORTH
AMERICAN DATUM OF 1983 (NAD83) EPOCH DATE 1991.35, ZONE 5 CALIFORNIA.

VERTICAL CONTROL BENCHMARK NO. _____ WITH AN ELEVATION
OF ______ AS PUBLISHED IN THE CITY OF SAN LUIS OBISPO 2007 BENCHMARK SYSTEM. CITY'S BENCHMARK SYSTEM IS BASED ON
THE NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD88).

Reference Documents:

City Standard Specifications - May 2018 EditionCity Engineering Standards - May 2018 Edition

1. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR
PERMITTEE TO CONTACT "UNDERGROUND SERVICE ALERT OFNORTHERN CALIFORNIA" BY PHONE AT 8-1-1 FORTY-EIGHT (48)

HOURS PRIOR TO START OF CONSTRUCTION FOR LOCATION OF

POWER, TELEPHONE, OIL AND NATURAL GAS UNDERGROUND
FACILITIES. CONTRACTOR OR PERMITTEE SHALL ALSO
CONTACT THE APPROPRIATE AGENCY FOR THE LOCATION OFCABLE T.V., WATER, SEWER, DRAINAGE OR UNDERGROUND FACILITIES.

2. THE CONTRACTOR SHALL POSSESS A CLASS _______ LICENSE AT THE TIME OF BID OPENING.
general notes: index to plans
datum:
san luis obispo county, california
legend:

TRANSIT FACILITY EV

CHARGING INFRASTRUCTURE

APPROVED BY
SPECIFICATION NO. DATE
of
SHEET
Matthew A. Horn, City Engineer R.C.E. C63611 Approved Date 17 2/18/2022 1000535 FILE NO./LOCATION 1
[MO DAY, YEAR]
1 TITLE SHEET
2 DEMOLITION & STAGING PLAN
3 SITE & HORIZONTAL CONTROL PLAN
4 STRIPING PLAN
5 CONTAINMENT AREA DRAINAGE PLAN
6 CIVIL & AGENCY DETAILS
7 GENERAL STRUCTURAL NOTES
8 GENERAL STRUCTURAL NOTES
9 STRUCTURAL DETAILS
13 SYMBOLS AND GENERAL NOTES14 SINGLE LINE DIAGRAM15 EQUIPMENT ELEVATIONS16 ELECTRICAL SITE PLAN17 ELECTRICAL DETAILS

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
AJSAJS
JJS
1" = 20'

DEMOLITION & STAGING PLAN
2 JJS

08999
RIGHT
ONLY
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ONLY
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NO PARKING
08999
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ONLY
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ONLY

NO PARKING NO PARKING

NO PARKING
08999
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ONLY
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
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SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
AJSAJS
JJS
1" = 20'

SITE & HORIZONTAL CONTROL PLAN
3 JJS

08999
RIGHT
ONLY
08999
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ONLY
08999
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ONLY
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ONLY
08999
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08999
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08999
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ONLY
08999
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08999
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08999
08999
08999
08999
08999
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08999
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NO PARKING
08999
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ONLY
08999
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ONLY
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ONLY

NO PARKING NO PARKING

NO PARKING
08999
RIGHT
ONLY
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
AJSAJS
JJS
1" = 20'

STRIPING PLAN
4 JJS

08999
RIGHT
ONLY
08999
RIGHT
ONLY
08999
RIGHT
ONLY
08999
RIGHT
ONLY
08999
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ONLY
08999
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ONLY
08999
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ONLY
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LEFT
ONLY
08999
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08999
08999
08999
08999

NO PARKING
08999
RIGHT
ONLY
08999
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ONLY
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NO PARKING NO PARKING

NO PARKING
08999
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ONLY
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
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SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
AJSAJS
JJS

AS SHOWN

CONTAINMENT AREA DRAINAGE PLAN
5 JJS

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
AJSAJS
JJS

AS SHOWN

CIVIL & AGENCY DETAILS
6 JJS

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
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SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
KAKA
MRPMRP

AS NOTED

GENERAL STRUCTURAL NOTES
7 No. S5101

KA
KA
MRPMRP

AS NOTED

GENERAL STRUCTURAL NOTES
8 No. S5101
CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
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INFRASTRUCTURE
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2 3
4 5 6
7 CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
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TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
KAKA
MRPMRP

AS NOTED

STRUCTURAL DETAILS
9 No. S5101

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____

BABADPDP

AS NOTED

SYMBOLS AND GENERAL NOTES
13

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
BABA
DPDP

AS NOTED

SINGLE LINE DIAGRAM
14

DC FAST

EV CHARGING ONLY
chargepoin

CHARGEPOINT EXPRESS

AVAILABLE
chargepoin
Charge On.

CITY SPECIFICATION NO.DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
BABA
DPDP

AS NOTED

EQUIPMENT ELEVATIONS
15

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____

BABADPDP

AS NOTED

ELECTRICAL SITE PLAN
16

CITY SPECIFICATION NO.

DATE:

PROJECT TITLE:

SHEET TITLE:
of
SHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:PLAN FILE NO. / LOCATION

TRANSIT FACILITY EV CHARGING

INFRASTRUCTURE
2/18/2022
1000535
17 APPROVED: __/__/____
BABA
DPDP

AS NOTED

ELECTRICAL DETAILS
17

SPECIAL PROVISIONS
FOR

CITY OF SAN LUIS OBISPO

TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFASTRUCTURE Specification No. 1000535
March 2022

PUBLIC WORKS DEPARTMENT

ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200

TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE Specification No. 1000535
Approval Date: March 15, 2022
3/17/2022

TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION........................................................................................................................ II QUALIFICATIONS .................................................................................................................................... III AWARD .................................................................................................................................................... IV ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A

BID ITEM LIST FOR TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SPECIFICATION NO. 1000535 ................................................................................................................ A LIST OF SUBCONTRACTORS ................................................................................................................ D PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ............................................................... E PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE .......................................................... E PUBLIC CONTRACT CODE SECTION 10232 STATEMENT .................................................................. E LABOR CODE SECTION 1725.5 STATEMENTS .................................................................................... E NON-COLLUSION DECLARATION ......................................................................................................... G BIDDER ACKNOWLEDGEMENTS .......................................................................................................... H QUALIFICATIONS ...................................................................................................................................... I ATTACH BIDDER'S BOND TO ACCOMPANY BID .................................................................................. J SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 2 BIDDING ............................................................................................................................................. 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 2 5 CONTROL OF WORK ........................................................................................................................ 2 6 CONTROL OF MATERIALS ............................................................................................................... 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 3 9 PAYMENT ........................................................................................................................................... 3 DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3 15 EXISTING FACILITIES ..................................................................................................................... 3 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 3 80 FENCES ........................................................................................................................................... 3 DIVISION IX TRAFFIC CONTROL DEVICES........................................................................................... 3 84 MARKINGS ....................................................................................................................................... 3 DIVISION XIII APPENDICES .................................................................................................................... 3

APPENDIX A - FORM OF AGREEMENT .........................................................................

APPENDIX B – TECHNICAL SPECIFICATIONS ..............................................................

NOTICE TO BIDDERS
i

NOTICE TO BIDDERS

BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo, California 93401, until 11:00 a.m. on April 21, 2022
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly marked:

Transit Facility Electric Vehicle Charging Infrastructure, Specification No. 1000535
Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered.

By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents.

All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions.

Each bid must be accompanied by either a:

1. certified check

2. cashier's check

3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract.

The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid.

All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List.

Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code.

The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
ii
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects.

BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer.

Contact the project manager, <<INSERT NAME>> at <<INSERT PHONE NUMBER>> or the Public Works Department at (805) 781-7200 prior to bid opening to verify the number of addenda issued.

You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bidsproposals.

PROJECT INFORMATION
In general, the project consists of installing electric vehicle infrastructure at the Transit Facility.

The project estimated construction cost is $950,000
Contract time is established as 60 working days.

The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iii
In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.

You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code.

You must have experience constructing projects similar to the work specified for this project. Provide three similar reference projects completed as either the prime or subcontractor. All referenced projects must have been completed within the last five years from this project’s bid opening date.

One of the three reference projects must have been completed under contract with a city, county, state or federal government agency as the prime contractor.

Two of the referenced projects must be for construction of a concrete pad.

One of the referenced projects must be for installation of electric vehicle charging infrastructure.

Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive.

The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions.

The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the

1. knowledge

2. experience,

3. or is otherwise not responsible
as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City.

Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
iv
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award.

Protests must be filed no later than five working days after either:

1. bid opening date

2. notification of rejected bid.

Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.

Valid protests must contain the following information:

1. the reasons for the protest

2. any supporting documentation

3. the ruling expected by the City to remedy the protest.

Any protest not containing all required information will be deemed invalid and rejected.

The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered.

The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination.

If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.

Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request.

AWARD
The lowest bidder will be determined in compliance with Public Contract Code Section 20103.8(c) with the Publicly Disclosed Funding Amount of $950,000 using the TOTAL PROJECT BID.

As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications.

You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263.

NOTICE TO BIDDERS

NOTICE TO BIDDERS
v

ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact Argelia Chang at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781-7107. Requests should be made as early as possible in the bidding process to allow time for accommodation.

BID FORMS
A

BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together.

THE UNDERSIGNED, agrees that they have carefully examined:

1. the location of the proposed work

2. the plans and specifications

3. read the accompanying instructions to bidders
and propose to furnish all:

4. materials

5. labor
to complete all the required work satisfactorily in compliance with

6. plans

7. specifications

8. special provisions
for the prices set forth in the bid item list:

BID ITEM LIST FOR TRANSIT FACILITY ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, SPECIFICATION NO. 1000535
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 1 Mobilization LS 1 ---
2 Water Pollution Control Plan LS 1 ---
3 Sawcut LF 592
4 Demo Existing Asphalt
Pavement and Berm SY 2,165
5 Demo Existing Concrete
Pavement CY 211
6 Remove Existing Catch Basin EA 2
7 Remove Chain Link Fence LF 15
8 Demo Light Post Concrete
Footing
EA 1
9 Hot Mix Asphalt Pavement and
Class II Base SF 2,060
10 Asphalt Berm LF 550
11 Concrete Pavement SY 1,961
12 6’ Chain Link Fence LF 45
13 Striping LS 1 ---
14 Pothole Existing Utilities EA 2
15 Containment Area Drainage LS 1 ---

BID FORMS

BID FORMS
B
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 16 Relocate Existing Light Pole
onto New Concrete Footing
LS 1 ---
17 Cleaning up the area for
switchboard and manhole LS 1 ---
18 New 2000A switchboard material
and installation LS 1 ---
19 New concrete pad for 2000A
switchboard LS 1 ---
20 New manhole 5’ * 8’ material
and installation LS 1 ---
21 Pull Boxes EA 5
22 Concrete pad charger EA 10
23 Charger universal plates EA 10
24 Conduit, bends, and material LS 1 ---
25 Trenching for conduits LS 1 ---
26 Bollards EA 24
27 Circuit Breakers LF 2
28 Conductors LS 1 ---
Bid Total (or Base Bid) $
29 Sawcut Existing Asphalt
Concrete LF 415
30 Demo Existing Asphalt
Pavement and Berm SY 784
31 Demo Existing Concrete
Pavement SY 148
32 Remove Existing Catch Basin EA 1
33 New Hot Mix Asphalt Pavement
and Class II Base SF 1,210
34 New Asphalt Berm LF 400
35 New Concrete Pavement SY 666
36 Striping LS 1 ---
37 Pothole Existing Utilities EA 1
38 Containment Area Drainage LS 1 ---
39 Pull boxes EA 1
40 Concrete pad charger EA 2
41 Charger universal plates EA 2
42 Conduit, bends and material LS 1 ---
43 Trenching for conduits LS 1 ---
44 Miscellaneous LS 1 ---
45 Bollards EA 4

BID FORMS

BID FORMS
C
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures) 46 Conductors LS 1 ---
Alternate Bid Total $
Total Project Bid = (Base Bid + Alternative Bid) $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work.

BID FORMS

BID FORMS
D

LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications.

For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed.

NOTE: If there are no subcontractors, write “NONE” and submit with bid.

Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid

Attach additional sheets as needed.

BID FORMS

BID FORMS
E
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance 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, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

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

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board.

LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is

BID FORMS

BID FORMS
F
under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means.

Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

BID FORMS

BID FORMS
G

NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained 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.

Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____

Notary Public
Company Name:____________________

BID FORMS

BID FORMS
H

BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo.

Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date .

The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City.

Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:

Business Name (DBA):

Owner/Legal Name:

Indicate One: Sole-proprietor  Partnership Corporation List Partners/Corporate Officers:

Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date

BID FORMS

BID FORMS
I

QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form.

Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):

Is this similar to the project being bid
or did this project include xxx activity?
Yes □ No □
Describe the services provided and how this project is similar to that which is being bid:

Date project completed:

Was this contract for a public
agency?
Yes □ No □

BID FORMS

BID FORMS
J

ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:

That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents:

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.

Bidder Principal:

Signature Date
Title:

Surety:

Bidder's signature is not required to be notarized. Surety's signature must be notarized.

Equivalent form may be substituted
(Rev. 6-30-14)

SPECIAL PROVISIONS
1 SPECIAL PROVISIONS

ORGANIZATION
Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications.

DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:

The work must be done in compliance with the City of San Luis Obispo, Department of Public Works:

1. Transit Facility Electric Vehicle Charging Infrastructure Special Provisions

2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition

3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-

1.02 of the City of San Luis Obispo’s Standard Specifications.

Failure to comply with the provisions of these sections is a material breach of contract:

1. Sections 5 through 8 of the Standard Specifications

2. Section 12 through 15 of the Standard Specifications

3. Section 77-1 of the Standard Specifications

4. Section 81 of the Standard Specifications

5. authorized working hours

6. OSHA compliance
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General with:

Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be signed by the bidder.
3 CONTRACT AWARD AND EXECUTION
Replace 1st and 2nd paragraph in Section 3-1.18 CONTRACT EXECUTION with:

Upon notification of project award, return:

1. executed contract

2. insurance

SPECIAL PROVISIONS

SPECIAL PROVISIONS
2 3. contract bonds
within five business days after the bidder receives the contract.

Add Section 3-1.18B CONTRACT EXECUTION, Building Permit:
3-1.18B Building Permit
The contractor must obtain a no-fee building permit from the Community Development Department. All requirements of the building permit shall be applied to the project. 4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:

Comply with the provisions of Section(s) X [these section number should match the SS numbers listed in the Bid Item List]….for general, material, construction, and payment specifics.

Add Section 4-1.03A WORK DESCRIPTION, Project Specific Signage: {Include for Measure G projects}
Maintain Revenue Enhancement Funding signage in work area. Return Revenue Enhancement Funding signs at the end of the project or upon the Engineer’s request. 5 CONTROL OF WORK
6 CONTROL OF MATERIALS
Add to Section 6-2.03 DEPARTMENT ACCEPTANCE:

The Engineer will furnish Sales Tax signs mounted to moveable barricades. Maintain Sales Tax signage in work area. Return Sales Tax signs at the end of the project or upon the Engineer’s request. [delete for non-Measure G]
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Replace last paragraph in Section 7-1.02K(3) Labor Code, Certified Payroll Records (Labor Code 1776) with:

Furnish the Engineer one Portable Document Format (PDF) file which contains all certified payroll records for the prior month’s work. Redact the PDF file making the employee’s social security number illegible. Failure to submit PDF file with other monthly payroll records is considered an incomplete payroll submission and penalties will be assessed.

Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documentsonline/construction-documents

SPECIAL PROVISIONS

SPECIAL PROVISIONS
3 Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.

Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. 8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:

Provide a Level 1 schedule for this work.

Add to Section 8-1.04B START OF JOB SITE ACTIVITIES, Standard Start:

Contract time will start on the first Monday after preconstruction meeting. 9 PAYMENT

DIVISION II GENERAL CONSTRUCTION
15 EXISTING FACILITIES

DIVISION VIII MISCELLANEOUS CONSTRUCTION
80 FENCES

DIVISION IX TRAFFIC CONTROL DEVICES
84 MARKINGS
Add to Section 84-2.03C Application of Stripes and Markings:

Preformed thermoplastic is only allowed with the approval of the Engineer.

DIVISION XIII APPENDICES
Appendix A - Form of Agreement
Appendix B – Technical Specifications

APPENDIX

APPENDIX
0 APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).

WITNESSETH:

That the Owner and the Contractor for the consideration stated herein agree as follows:

ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.

It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives.

ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows:

Item
No.

Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)

1. 2.

3. BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract.

Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive.

APPENDIX

APPENDIX
1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached:

1. Notice to Bidders and Information for Bidders

2. Standard Specifications and Engineering Standards

3. Special Provisions, any Addenda, Plans and Contract Change Orders

4. Caltrans Standard Specifications and Standard Plans 2015

5. Accepted Bid and Bid Bond

6. List of Subcontractors

7. Public Contract Code Sections 10285.1 Statement

8. Public Contract Code Section 10162 Questionnaire

9. Public Contract Code Section 10232 Statement

10. Labor Code Section 1725.5 Statements

11. Bidder Acknowledgements

12. Qualifications

13. Non-collusion Declaration

14. Agreement and Bonds

15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In

APPENDIX

APPENDIX
2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith.

IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written.

CITY OF SAN LUIS OBISPO
A Municipal Corporation

__________________________________
Derek Johnson, City Manager

APPROVED AS TO FORM CONTRACTOR:

Name of Company
________________________________

By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
(2nd signature required if Corporation):

By:________________________________
Name of Corporate Officer
Its: ____________________

APPENDIX

APPENDIX
3 APPENDIX B – TECHNICAL SPECIFICATIONS

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 1 SUBMITTAL PROCEDURES SECTION 01 33 00

SUBMITTAL PROCEDURES
PART 1GENERAL

1.01 SUMMARY
A. Section includes: Requirements and procedures for submittals.

B. Related sections:

1. Section 01 77 00 - Close out procedures.

1.02 DEFINITIONS
A. Certificates: Describe certificates that document affirmations by the Contractor or other entity that the work is in accordance with the Contract Documents.

B. Extra stock materials: Describe extra stock materials to be provided for the Owner's use in facility operation and maintenance.

C. Maintenance material submittals: Use this article to categorize maintenance materials submittals requiring no Engineer action other than confirmation of receipt under an explanatory heading.

D. Manufacturer's instructions: Instructions, stipulations, directions, and recommendations issued in printed form by the manufacturer of a product addressing handling, installation, erection, and application of the product; manufacturer's instructions are not prepared especially for the Work.

E. Product data: Product data usually consists of manufacturers' printed data sheets or catalog pages illustrating the products to be incorporated into the project.

F. Samples: Samples are full-size actual products intended to illustrate the products to be incorporated into the project. Sample submittals are often necessary for such characteristics as colors, textures, and other appearance issues.

G. Spare parts: Describe spare parts necessary for the Owner's use in facility operation and maintenance; identify the type and quantity here but include the actual characteristics of the spare parts in Product as part of the specification of the product.

H. Shop drawings: Shop drawings are prepared specifically for the project to illustrate details, dimensions, and other data necessary for satisfactory fabrication or construction that are not shown in the contract documents. Shop drawings could include graphic line-type drawings, single-line diagrams, or schedules and lists of products and their application.

I. Submittals: Submittals are samples, product data, shop drawings, and others that demonstrate how Contractor intends to conform with the Contract Documents.

J. Tools: Tools are generally defined as items such as special wrenches, gauges, circuit setters, and other similar devices required for the proper operation or maintenance of a system that would not normally be in the Owner's tool kit.

1.03 GENERAL INSTRUCTIONS
A. Certification: Contractor is responsible to determine and verify all field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data, and check and coordinate each item with other applicable approved shop drawings and all Contract requirements.

B. Provide submittals that are specified or reasonably required for construction, operation, and maintenance of the Work.

C. Where multiple submittals are required, provide a separate submittal for each specification section.

1. In order to expedite construction, the Contractor may make more than 1 submittal per specification section, but a single submittal may not cover more than 1 specification section:

2. The only exception to this requirement is when 1 specification section covers the requirements for a component of equipment specified in another section.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 2 SUBMITTAL PROCEDURES

3. For example, circuit breakers are a component of switchgear. The switchgear submittal must also contain data for the associated circuit breakers, even though they are covered in a different specification section.

D. Edit all submittals so that the submittal specifically applies to only the equipment furnished.

Neatly cross out all extraneous text, options, models, etc. that do not apply to the equipment being furnished, so that the information remaining is only applicable to the equipment being furnished.

E. Prepare submittals in the English language. Do not include information in other languages.

F. Present measurements in customary American units (feet, inches, pounds, etc.).

G. Must be clear and legible, and of sufficient size for presentation of information.

H. Minimum page size will be 8 1/2 inches by 11 inches:

1. Maximum page size will be 11 inches by 17 inches.

I. Show dimensions, construction details, wiring diagrams, controls, manufacturers, catalog numbers, and all other pertinent details.

J. Provide submittal information from only 1 manufacturer for a specified product. Submittals with multiple manufacturers for 1 product will be rejected without review.

K. Indicate project designated equipment tag numbers from P&IDs for submittal of devices, equipment, and assemblies.

1.04 SUBMITTAL ORGANIZATION
A. Fully indexed with bookmarks for every section.

B. Sequentially number pages within the tabbed sections:

1. Submittals that are not fully indexed and tabbed with sequentially numbered pages, or are otherwise unacceptable, will be returned without review.

C. Organize submittals in exactly the same order as the items are referenced, listed, and/or organized in the specification section.

D. For submittals that cover multiple devices used in different areas under the same specification section, the submittal for the individual devices must list the area where the device is used.

E. Attachments:

1. Specification section: Include with each submittal a copy of the relevant specification section.
a. Indicate in the left margin, next to each pertinent paragraph, either compliance with a check (v) or deviation with a consecutive number (1, 2, 3). b. Provide a list of all numbered deviations with a clear explanation and reason for the deviation.

2. Drawings: Include with each submittal a copy of the relevant Drawing, including relevant addendum updates.
a. Indicate either compliance with a check (v) or deviation with a consecutive number (1, 2, 3).
b. Provide a list of all numbered deviations with a clear explanation and reason for the deviation.
c. Provide field dimensions and relationship to adjacent or critical features of the Work or materials.

F. Contractor: Prepare submittal information in sufficient detail to show compliance with specified requirements.

1. Determine and verify quantities, field dimensions, product dimensions, specified design and performance criteria, materials, catalog numbers, and similar data.

2. Coordinate submittal with other submittals and with the requirements of the Contract Documents.

3. Check, verify, and revise submittals as necessary to bring them into conformance with Contract Documents and actual field conditions.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 3 SUBMITTAL PROCEDURES

1.05 SUBMITTAL METHOD AND FORMAT
A. Submittals in electronic media format:

1. General: Provide all information in PC-compatible format using Windows® operating system as utilized by the Owner and Engineer.

2. Text: Provide text documents and manufacturer’s literature in Portable Document Format (PDF).

3. Graphics: Provide graphic submittals (drawings, diagrams, figures, etc.) utilizing Portable Document Format (PDF).

1.06 SUBMITTAL PROCEDURE
A. Engineer: Review submittal and provide response:

1. Review description:
a. Engineer will be entitled to rely upon the accuracy or completeness of designs, calculations, or certifications made by licensed professionals accompanying a particular submittal whether or not a stamp or seal is required by Contract Documents or Laws and Regulations.
b. Engineer's review of submittals shall not release Contractor from Contractor's responsibility for performance of requirements of Contract Documents. Neither shall Engineer's review release Contractor from fulfilling purpose of installation nor from Contractor's liability to replace defective work.
c. Engineer's review of shop drawings, samples, or test procedures will be only for conformance with design concepts and for compliance with information given in Contract Documents.
d. Engineer's review does not extend to:
1) Accuracy of dimensions, quantities, or performance of equipment and systems designed by Contractor.
2) Contractor's means, methods, techniques, sequences, or procedures except when specified, indicated on the Drawings, or required by Contract Documents. 3) Safety precautions or programs related to safety which shall remain the sole responsibility of the Contractor.
e. Engineer can Approve or Not Approve any exception at their sole discretion.

2. Review timeframe:
a. Except as may be provided in technical specifications, a submittal will be returned within 14 calendar days.
b. When a submittal cannot be returned within the specified period, Engineer will, within a reasonable time after receipt of the submittal, give notice of the date by which that submittal will be returned.
c. Engineer’s acceptance of progress schedule containing submittal review times less than those specified or agreed to in writing by Engineer will not constitute Engineer’s acceptance of review times.
d. Critical submittals:
1) Contractor will notify Engineer in writing that timely review of a submittal is critical to the progress of Work.

3. Schedule delays:
a. No adjustment of Contract Times or Contract Price will be allowed due to Engineer’s review of submittals, unless all of the following criteria are met:
1) Engineer has failed to review and return first submission within the agreed upon time frame.
2) Contractor demonstrates that delay in progress of Work is directly attributable to Engineer’s failure to return submittal within time indicated and accepted by Engineer.

4. Review response will be returned to Contractor with one of the following dispositions:
a. APPROVED, ACCEPTED or NO EXCEPTIONS TAKEN:
1) No Exceptions:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 4 SUBMITTAL PROCEDURES (a) There are no notations or comments on the submittal and the Contractor may release the equipment for production.
2) Approved with Corrections Noted - See Comments:
(a) The Contractor may proceed with the work, however, all notations and comments must be incorporated into the final product.
(b) Resubmittal not required.
3) Make Corrections Noted - Confirm:
(a) The Contractor may proceed with the work, however, all notations and comments must be incorporated into the final product.
(b) Submit confirmation specifically addressing each notation or comment to the Engineer within 14 calendar days of the date of the Engineer’s transmittal requiring the confirmation.
b. AMEND - RESUBMIT:
1) Correct and resubmit:
(a) Contractor may not proceed with the work described in the submittal. (b) Contractor assumes responsibility for proceeding without approval. (c) Resubmittal of complete submittal package is required within 14 calendar days of the date of the Engineer’s submittal review response. 2) REJECTED - See Remarks:
(a) Contractor may not proceed with the work described in the submittal. (b) The submittal does not meet the intent of the Contract Documents.

Resubmittal of complete submittal package is required with materials, equipment, methods, etc. that meet the requirements of the Contract Documents.
c. Receipt acknowledged: Filed for record:
1) This is used in acknowledging receipt of informational submittals that address means and methods of construction such as schedules and work plans, conformance test reports, health and safety plans, etc.

B. Contractor: Prepare resubmittal, if applicable:

1. Clearly identify each correction or change made.

2. Include a response in writing to each of the Engineer’s comments or questions for submittal packages that are resubmitted in the order that the comments or questions were presented throughout the submittal and numbered consistent with the Engineer’s numbering.
a. Acceptable responses to Engineer’s comments are listed below:
1) “Incorporated” Engineer’s comment or change is accepted and appropriate changes are made.
2) “Response” Engineer’s comment not incorporated. Explain why comment is not accepted or requested change is not made. Explain how requirement will be satisfied in lieu of comment or change requested by Engineer. b. Reviews and resubmittals:
1) Contractor shall provide resubmittals which include responses to all submittal review comments separately and at a level of detail commensurate with each comment.
2) Contractor responses shall indicate how the Contractor resolved the issue pertaining to each review comment. Responses such as “acknowledged” or “noted” are not acceptable.
3) Resubmittals which do not comply with this requirement may be rejected and returned without review.
4) Contractor shall be allowed no extensions of any kind to any part of their contract due to the rejection of non-compliant submittals. 5) Submittal review comments not addressed by the Contractor in resubmittals shall continue to apply whether restated or not in subsequent reviews until adequately addressed by the Contractor to the satisfaction of the reviewing and approving authority.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 5 SUBMITTAL PROCEDURES c. Any resubmittal that does not contain responses to the Engineer’s previous comments shall be returned for Revision and Resubmittal. No further review by the Engineer will be performed until a response for previous comments has been received.

3. Resubmittal timeframe:
a. Contractor shall provide resubmittal within 14 days. b. When a resubmittal cannot be returned within the specified period, Contractor shall notify Engineer in writing.

4. Review costs:
a. Costs incurred by Owner as a result of additional reviews of a particular submittal after the second time it has been reviewed shall be borne by Contractor. b. Reimbursement to Owner will be made by deducting such costs from Contractor's subsequent progress payments.

1.07 SHOP DRAWINGS
A. Contractor to field verify elevation, coordinates, and pipe material for pipe tie-in to pipeline or structure prior to the preparation of shop drawings.

B. Details:

1. Fabrication drawings: Drawn to scale and dimensioned.

2. Front, side, and rear elevations, and top and bottom views, showing all dimensions.

3. Locations of conduit entrances and access plates.

4. Component layout and identification.

5. Weight.

6. Finish.

7. Temperature limitations, as applicable.

8. Nameplate information.

C. Minor or incidental products and equipment schedules:

1. Details:
a. Shop Drawings of minor or incidental fabricated products will not be required, unless requested.
b. Submit tabulated lists of minor or incidental products showing the names of the manufacturers and catalog numbers, with Product Data and Samples as required to determine acceptability.

1.08 PRODUCT DATA
A. Details:

1. Supplier name and address.

2. Subcontractor name and address.

B. Include:

1. Catalog cuts.

2. Bulletins.

3. Brochures.

4. Manufacturer’s Certificate of Compliance: Signed by product manufacturer along with supporting reference data, affidavits, and tests, as appropriate.

5. Manufacturer’s printed recommendations for installation of equipment.

6. Quality photocopies of applicable pages from manufacturer’s documents.

C. Test reports including the following information:

1. Test description.

2. List of equipment used.

3. Name of the person conducting the test.

4. Date and time the test was conducted.

5. Ambient temperature and weather conditions.

6. All raw data collected.

7. Calculated results.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 33 00 - 6 SUBMITTAL PROCEDURES

8. Clear statement if the test passed or failed the requirements stated in Contract Documents.

9. Signature of the person responsible for the test.

D. Certificates:

1. As specified in technical sections.

1.09 SAMPLES
A. Details:

1. Submit labeled samples.

2. Samples will not be returned.

3. Provide samples from manufacturer’s standard colors, materials, products, or equipment lines.
a. Clearly label samples to indicate any that represent non-standard colors, materials, products, or equipment lines and that if selected, will require an increase in Contract Time or Contract Price.

4. Provide number of sample submittals as below:
a. Total: 3 minimum.
1) Owner: 1.
2) Engineer: 2.
3) Contractor: None.

B. Field samples:

1. As specified in technical sections.

1.10 DESIGN CALCULATIONS
A. Defined in technical sections:

1. Calculations must bear the original seal and signature of a Professional Engineer licensed in the state where the project is located and who provided responsible charge for the design.

1.11 CLOSEOUT SUBMITTALS
A. Operation and Maintenance Manuals: final documents shall be submitted as specified in Section 01 77 00.

B. Extra materials, spare parts, etc.: Submittal forms shall indicate when actual materials are submitted.

PART 2PRODUCTS

2.01 NOT USED.

PART 3EXECUTION

3.01 NOT USED.

END OF SECTION 01 33 00

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 77 00 - 1 CLOSEOUT PROCEDURES SECTION 01 77 00

CLOSEOUT PROCEDURES
PART 1GENERAL

1.01 SUMMARY
A. Section includes: Contract closeout requirements including:

1. Final cleaning.

2. Waste disposal.

3. Touch-up and repair.

4. Disinfection of systems.

5. Preparation and submittal of closeout documents.

6. Certificate of Substantial Completion.

B. Related sections:

1.02 REFERENCES
A. American Water Works Association (AWWA).

1.03 FINAL CLEANING
A. Perform final cleaning prior to inspections for Substantial Completion.

B. Employ skilled workers who are experienced in cleaning operations.

C. Use cleaning materials which are recommended by manufacturers of surfaces to be cleaned.

D. Prevent scratching, discoloring, and otherwise damaging surfaces being cleaned.

E. Clean roofs, gutters, downspouts, and drainage systems.

F. Broom clean exterior paved surfaces and rake clean other surfaces of site work:

1. Police yards and grounds to keep clean.

G. Remove dust, cobwebs, and traces of insects and dirt.

H. Clean grease, mastic, adhesives, dust, dirt, stains, fingerprints, paint, blemishes, sealants, plaster, concrete, and other foreign materials from sight-exposed surfaces, and fixtures and equipment.

I. Remove non-permanent protection and labels.

J. Wash and polish glass, inside and outside.

K. Polish glossy surfaces to clear shine.

L. Clean permanent filters and replace disposable filters when heating, ventilation, and air conditioning units were operated during construction.

M. Clean ducts, blowers, and coils when units were operated without filters during construction.

N. Clean light fixtures and replace burned-out or dim lamps.

O. Probes, elements, sample lines, transmitters, tubing, and enclosures have been cleaned and are in like-new condition.

1.04 WASTE DISPOSAL
A. Arrange for and dispose of surplus materials, waste products, and debris off-site:

1. Prior to making disposal on private property, obtain written permission from Owner of such property.

B. Do not fill ditches, washes, or drainage ways which may create drainage problems.

C. Do not create unsightly or unsanitary nuisances during disposal operations.

D. Maintain disposal site in safe condition and good appearance.

E. Complete leveling and cleanup prior to Final Completion of the Work.

1.05 TOUCH-UP AND REPAIR

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 77 00 - 2 CLOSEOUT PROCEDURES A. Touch-up or repair finished surfaces on structures, equipment, fixtures, and installations that have been damaged prior to inspection for Substantial Completion.

B. Refinish or replace entire surfaces which cannot be touched-up or repaired satisfactorily.

1.06 FINAL CLEANING AND STERILIZATION [DISINFECTION] OF SYSTEMS OF FACILITIES A. Clean channels, pipe, basins, reservoirs, and tanks, before running of tests, or before facility goes on line.

B. Wash, wherever practicable, or broom sweep channels, pipe, basins, and tanks.

C. Disinfect tanks, channels, and piping intended to carry potable water as follows or in accordance with AWWA Standards.

D. Provide ample sampling outlets in pipe for testing.

E. Fill pipe and other plant facilities with chlorine solution of sufficient strength to retain residual of not less than 10 parts per million at end of 24 hours.

F. When reservoirs and basins are too large to be economically disinfected by filling with chlorine solution, spray reservoirs and basins with solution containing 100 parts per million of chlorine.

G. After disinfection, rinse entire potable water system with potable water sufficient to reduce chlorine residual to not more than 0.6 parts per million throughout system before system is put into service.

1.07 CLOSEOUT DOCUMENTS
A. Submit following Closeout Submittals before Substantial Completion:

1. Punchlist of items to be completed or corrected with the request for issuance of Substantial Completion.

2. Evidence of Compliance with Requirements of Governing Authorities.

3. Project Record Documents.

4. Approved Operation and Maintenance Manuals.

5. Approved Warranties and Bonds.

6. Keys and Keying Schedule.

7. Completed contract requirements for commissioning and process start-up.

1.08 EVIDENCE OF COMPLIANCE WITH REQUIREMENTS OF GOVERNING AUTHORITIES A. Submit the following:

1. Certificate of Occupancy.

2. Certificates of Inspection.

1.09 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to Owner and Engineer, 1 copy of the Contract Documents, shop drawings, and other submittals in good order:

1. Mark and record field changes and detailed information contained in submittals and change orders.

2. Record actual depths, horizontal and vertical location of underground pipes, duct banks, and other buried utilities. Reference dimensions to permanent surface features.

3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.

4. Identify location of spare conduits including beginning, ending, and routing through pull boxes and manholes. Record spare conductors, including number and size, within spare conduits and filled conduits.

5. Provide schedules, lists, layout drawings, and wiring diagrams.

6. Make annotations in electronic format. conforming to the following color code:

Additions: Red
Deletions: Green

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 77 00 - 3 CLOSEOUT PROCEDURES Comments Blue
Dimensions: Graphite
B. Maintain documents separate from those used for construction:

1. Label documents "RECORD DOCUMENTS."
C. Keep documents current:

1. Record required information at the time the material and equipment is installed and before permanently concealing.

2. Engineer will review Record Documents weekly to ascertain that changes have been recorded.

D. Deliver Record Documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.

E. Record Documents will be reviewed monthly to determine the percent complete for the monthly pay application.

F. Updated Record Documents are a condition for Engineer’s recommendation for progress payment.

1.10 MAINTENANCE SERVICE
A. Maintenance service as specified in technical specifications.

1.11 SUBSTANTIAL COMPLETION
A. Obtain Certificate of Substantial Completion.

1.12 FINAL COMPLETION
A. When Contractor considers the Work is complete, submit written certification that:

1. Work has been completed in accordance with the Contract Document:

2. Punch list items have been completed or corrected.

3. Work is ready for final inspection.

B. Engineer will make an inspection to verify the status of completion with reasonable promptness.

C. Should the Engineer consider that the Work is incomplete or defective:

1. Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work.

2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to the Engineer that the Work is complete.

3. Engineer shall re-inspect the Work.

1.13 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to the Engineer at least 7 days prior to final Application for Payment.

B. Statement shall reflect all adjustments to the Contract amount.

1. The original Contract amount.

2. Additions and deductions resulting from:
a. Change Orders.
b. Units installed and unit prices.
c. Set-offs for uncorrected or incomplete Work.
d. Set-offs for liquidated damages.
e. Set-offs for reinspection payments.
f. Extended engineering and/or inspection services and inspection overtime. g. Excessive shop drawings review cost by the Engineer. h. Other adjustments.

3. Total Contract amount, as adjusted.

4. Previous payments.

5. Remaining payment due.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 01 77 00 - 4 CLOSEOUT PROCEDURES C. Engineer will prepare a final Change Order reflecting approved adjustments to the Contract amount which were not previously made by Change Orders.

1.14 FINAL APPLICATION FOR PAYMENT
A. Contractor shall submit the final Application for Payment reflecting the agreed upon information provided in the final statement of accounting.

PART 2PRODUCTS
NOT USED.

PART 3EXECUTION
NOT USED.

END OF SECTION 01 77 00

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 02 41 00 - 1 Demolition SECTION 02 41 00

DEMOLITION
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Selective demolition and removal of concrete and asphalt pavement.

B. Selective demolition of building elements for alteration purposes.

C. Abandonment and removal of existing utilities and utility structures.

1.02 RELATED REQUIREMENTS
A. Section 01 10 00 - Summary: Description of items to be salvaged or removed for re-use by Contractor.

B. Section 01 60 00 - Product Requirements: Handling and storage of items removed for salvage and relocation.

C. Section 31 23 23 - Fill: Fill material for filling holes, pits, and excavations generated as a result of removal operations.

1.03 SUBMITTALS
A. See Section 01 30 00 - Administrative Requirements, for submittal procedures.

B. Site Plan: Showing:

1. Areas for temporary construction and field offices.

C. Project Record Documents: Accurately record actual locations of capped and active utilities and subsurface construction.

PART 2 PRODUCTS

2.01 MATERIALS
A. Fill Material: As specified in Section 31 23 23 - Fill.

PART 3 EXECUTION

3.01 SCOPE
A. Remove paving and curbs as required to accomplish new work.

B. Remove concrete slabs on grade within site boundaries.

C. Remove fences and gates.

D. Remove other items indicated, for salvage, relocation, recycling, and [______].

E. Fill excavations, open pits, and holes in ground areas generated as result of removals, using specified fill; compact fill as specified in Section 31 22 00.

3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS
A. Comply with other requirements specified in Section 01 70 00.

B. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public.

1. Obtain required permits.

2. Use of explosives is not permitted.

3. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures.

4. Provide, erect, and maintain temporary barriers and security devices.

5. Conduct operations to minimize effects on and interference with adjacent structures and occupants.

6. Do not close or obstruct roadways or sidewalks without permit.

7. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 02 41 00 - 2 Demolition

8. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon or limit access to their property.

C. Do not begin removal until receipt of notification to proceed from City.

D. Protect existing structures and other elements that are not to be removed.

1. Provide bracing and shoring.

2. Prevent movement or settlement of adjacent structures.

3. Stop work immediately if adjacent structures appear to be in danger.

E. Minimize production of dust due to demolition operations; do not use water if that will result in ice, flooding, sedimentation of public waterways or storm sewers, or other pollution.

F. If hazardous materials are discovered during removal operations, stop work and notify Engineer and City; hazardous materials include regulated asbestos containing materials, lead, PCB's, and mercury.

G. Partial Removal of Paving and Curbs: Neatly saw cut at right angle to surface.

3.03 EXISTING UTILITIES
A. Coordinate work with utility companies; notify before starting work and comply with their requirements; obtain required permits.

B. Protect existing utilities to remain from damage.

C. Do not disrupt public utilities without permit from authority having jurisdiction.

D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to City.

E. Do not close, shut off, or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to City.

F. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary.

G. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities.

3.04 SELECTIVE DEMOLITION FOR ALTERATIONS
A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only.

1. Verify that construction and utility arrangements are as indicated.

2. Report discrepancies to Engineer before disturbing existing installation.

3. Beginning of demolition work constitutes acceptance of existing conditions that would be apparent upon examination prior to starting demolition.

B. Remove existing work as indicated and as required to accomplish new work.

1. Remove items indicated on drawings.

C. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, Telecommunications, and [______]): Remove existing systems and equipment as indicated.

1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components.

2. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service.

3. See Section 01 10 00 for other limitations on outages and required notifications.

4. Verify that abandoned services serve only abandoned facilities before removal.

5. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification.

D. Protect existing work to remain.

1. Prevent movement of structure; provide shoring and bracing if necessary.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 02 41 00 - 3 Demolition

2. Perform cutting to accomplish removals neatly and as specified for cutting new work.

3. Repair adjacent construction and finishes damaged during removal work.

4. Patch as specified for patching new work.

3.05 DEBRIS AND WASTE REMOVAL
A. Remove debris, junk, and trash from site.

B. Leave site in clean condition, ready for subsequent work.

C. Clean up spillage and wind-blown debris from public and private lands.

END OF SECTION 02 41 00

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City of San Luis Obispo Transit
Facility EV Charging Infrastructure 03 10 00 - 1
Concrete Forming and
Accessories
SECTION 03 10 00

CONCRETE FORMING AND ACCESSORIES
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Formwork for cast-in-place concrete, with shoring, bracing and anchorage.

B. Form accessories.

C. Form stripping.

1.02 RELATED REQUIREMENTS
A. Section 03 20 00 - Concrete Reinforcing.

1.03 PRICE AND PAYMENT PROCEDURES
A. See Section 01 22 00 - Unit Prices, for additional unit price requirements.

B. Measurement and payment of forming work will be by the unit price method.

1.04 REFERENCE STANDARDS

1.05 SUBMITTALS
A. See Section 01 30 00 - Administrative Requirements, for submittal procedures.

1.06 QUALITY ASSURANCE
A. Perform work of this section in accordance with the Caltrans 2018 Standard Specifications.

PART 2 PRODUCTS

2.01 FORMWORK - GENERAL
A. Provide concrete forms, accessories, shoring, and bracing as required to accomplish cast-inplace concrete work.

B. Design and construct concrete that complies with design with respect to shape, lines, and dimensions.

C. Comply with applicable state and local codes with respect to design, fabrication, erection, and removal of formwork.

2.02 WOOD FORM MATERIALS
A. Lumber: [________] species; [________] grade; with grade stamp clearly visible.

2.03 FORMWORK ACCESSORIES
A. Form Ties: Removable type, galvanized metal, fixed length, cone type, with waterproofing washer, [____] inch back break dimension, free of defects that could leave holes larger than 1 inch in concrete surface. Provide [________] manufactured by [____________] .

B. Form Release Agent: Capable of releasing forms from hardened concrete without staining or discoloring concrete or forming bugholes and other surface defects, compatible with concrete and form materials, and not requiring removal for satisfactory bonding of coatings to be applied.

C. Dowel Sleeves: Plastic sleeve and nailable plastic base for smooth, round, steel load-transfer dowels.

D. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required, of sufficient strength and character to maintain formwork in place while placing concrete.

END OF SECTION 03 10 00

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City of San Luis Obispo Transit
Facility EV Charging Infrastructure 03 20 00 - 1 Concrete Reinforcing SECTION 03 20 00

CONCRETE REINFORCING
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Reinforcing steel for cast-in-place concrete.

B. Supports and accessories for steel reinforcement.

1.02 PRICE AND PAYMENT PROCEDURES
A. See Section 01 22 00 - Unit Prices, for additional unit price requirements.

1.03 REFERENCE STANDARDS
A. ASTM A615/A615M - Standard Specification for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement 2020.

B. CRSI (DA4) - Manual of Standard Practice 2009.

1.04 SUBMITTALS
A. See Section 01 30 00 - Administrative Requirements, for submittal procedures.

1.05 QUALITY ASSURANCE
A. Provide Engineer with access to fabrication plant to facilitate inspection of reinforcement.

Provide notification of commencement and duration of shop fabrication in sufficient time to allow inspection.

PART 2 PRODUCTS

2.01 REINFORCEMENT
A. Reinforcing Steel: ASTM A615/A615M, Grade 60 (60,000 psi).

1. Plain billet-steel bars.

2. Unfinished.

B. Reinforcement Accessories:

1. Tie Wire: Annealed, minimum 16 gauge, 0.0508 inch.

2. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for adequate support of reinforcement during concrete placement.

2.02 RE-BAR SPLICING:

A. Coupler Systems: Mechanical devices for splicing reinforcing bars; capable of developing full steel reinforcing design strength in tension and compression.

2.03 FABRICATION
A. Fabricate concrete reinforcing in accordance with CRSI (DA4) - Manual of Standard Practice.

B. Locate reinforcing splices not indicated on drawings at point of minimum stress.

PART 3 EXECUTION

3.01 PLACEMENT
A. Place, support and secure reinforcement against displacement. Do not deviate from required position.

B. Maintain concrete cover around reinforcing as follows:

1. Slabs on Fill: [____] inch.

3.02 FIELD QUALITY CONTROL
A. An independent testing agency, as specified in Section 01 40 00 - Quality Requirements, will inspect installed reinforcement for compliance with contract documents before concrete placement.

END OF SECTION 03 20 00

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City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 00 - 1
Common Work Results for
Electrical
SECTION 26 05 00

COMMON WORK RESULTS FOR ELECTRICAL
PART 1 – GENERAL

1.01 SUMMARY
A. Section includes:

1. General requirements applicable to all Electrical Work.

2. General requirements for electrical submittals.

B. Related sections:

1. Section 01 33 00 - Submittal Procedures.

2. Section 01 77 00 - Closeout Procedures.

3. Section 26 05 03 - Utility Coordina.

4. Section 26 05 33 - Conduits.

5. Section 26 05 53 - Identification for Electrical Systems.

6. Section 26 08 50 - Field Electrical Acceptance Tests.

C. Interfaces to equipment, instruments, and other components:

1. The Drawings, Specifications, and overall design are based on preliminary information furnished by various equipment manufacturers which identify a minimum scope of supply from the manufacturers. This information pertains to, but is not limited to, instruments, control devices, electrical equipment, packaged mechanical systems, and control equipment provided with mechanical systems.

2. Provide all material and labor needed to install the actual equipment furnished, and include all costs to add any additional conduit, wiring, terminals, or other electrical hardware to the Work, which may be necessary to make a complete, functional installation based on the actual equipment furnished:
a. Make all changes necessary to meet the manufacturer’s wiring requirements.

3. Submit all such changes and additions to the Engineer for acceptance.

4. Review the complete set of Drawings and Specifications in order to ensure that all items related to the electrical power and control systems are completely accounted for. Include any such items that appear on the Drawings or in the Specifications from another discipline in the scope of Work:
a. If a conflict between Drawings and Specifications is discovered, refer conflict to the Engineer as soon as possible for resolution.

5. Loop drawings:
a. Provide all electrical information required in the preparation of loop drawings including, but not limited to:
1) Conduit numbers and associated signal(s) contained within each conduit. 2) Wire numbers.
3) Equipment terminal numbers.
4) Junction boxes and signal(s) contained within each junction box. 5) Equipment power sources, and associated circuit numbers. 6) As-built drawings detailing wiring.

D. All electrical equipment and systems for the entire Project must comply with the requirements of the Electrical Specifications, whether referenced in the individual Equipment Specifications or not:

1. The requirements of the Electrical Specifications apply to all Electrical Work specified in other sections.

2. Inform all vendors supplying electrical equipment or systems of the requirements of the Electrical Specifications.

3. Owner is not responsible for any additional costs due to the failure of Contractor to notify all subcontractors and suppliers of the Electrical Specifications requirements.

E. Contract Documents:

1. General:

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Facility EV Charging Infrastructure 26 05 00 - 2
Common Work Results for
Electrical
a. The Drawings and Specifications are complementary and are to be used together in order to fully describe the Work.

2. Specifications:
a. The General and Supplementary Conditions of the Contract Documents govern the Work.
b. These requirements are in addition to all General Requirements.

3. Contract Drawings:
a. The Electrical Drawings show desired locations, arrangements, and components of the Electrical Work in a diagrammatic manner.
b. Locations of equipment, control devices, instruments, boxes, panels, etc. are approximate only; exercise professional judgment in executing the Work to ensure the best possible installation:
1) The equipment locations and dimensions indicated on the Drawings are approximate. Use the shop drawings to determine the proper layout, foundation, and pad requirements, etc. for final installation. Coordinate with all subcontractors to ensure that all electrical equipment is compatible with other equipment and space requirements. Make changes required to accommodate differences in equipment dimensions.
2) The Contractor has the freedom to select any of the named manufacturers identified in the individual specification sections, if noted; however, the Engineer has designed the spatial equipment layout based upon a single manufacturer and has not confirmed that every named manufacturer’s equipment fits in the allotted space. It is the Contractor’s responsibility to ensure that the equipment being furnished fits within the defined space.
c. Installation details:
1) The Contract Drawings include typical installation details the Contractor is to use to complete the Electrical Work. For cases where a typical detail does not apply, develop installation details that may be necessary for completing the Work, and submit these details for review by the Engineer.
2) Not all typical installation details are referenced within the Drawing set. Apply and use typical details where appropriate.
d. Schematic diagrams:
1) All controls are shown de-energized.
2) Schematic diagrams show control function only. Incorporate other necessary functions for proper operation and protection of the system. 3) Add slave relays, where required, to provide all necessary contacts for the control system or where needed to function as interposing relays for control voltage coordination, equipment coordination, or control system voltage drop considerations.
4) Mount all devices shown on motor controller schematic diagrams in the controller compartment enclosure, unless otherwise noted or indicated. 5) Schematic diagrams are to be used in conjunction with the descriptive operating sequences in the Contract Documents. Combine all information and furnish a coordinated and fully functional control system.

F. Alternates/Alternatives:

1. In accordance with Owner’s front end bid documents.

G. Changes and change orders:

1. In accordance with Owner’s front end bid documents.

1.02 REFERENCES
A. Code compliance:

1. The publications are referred to in the text by the basic designation only. The latest edition accepted by the Authority Having Jurisdiction of referenced publications in effect at the time of the bid governs.

2. The standards listed are hereby incorporated into this Section.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 00 - 3
Common Work Results for
Electrical
a. American National Standards Institute (ANSI).
b. American Society of Civil Engineers (ASCE):
1) ASCE 7 - Minimum Design Loads for Buildings and Other Structures. c. ASTM International (ASTM).
d. Illuminating Engineering Society (IES).
e. Institute of Electrical and Electronics Engineers (IEEE). f. Insulated Cable Engineers Association (ICEA).
g. International Code Council (ICC).
1) International Code Council Evaluation Service (ICC-ES). (a) AC 156 – Acceptance Criteria for Seismic Certification by Shake Table Testing of Non-Structural Components (ICC-ES AC 156).
h. International Society of Automation (ISA).
i. National Electrical Manufacturers Association (NEMA):
1) 250 - Enclosures for Electrical Equipment (1000 V Maximum). j. National Fire Protection Association (NFPA):
1) 70 - National Electrical Code (NEC).
k. National Institute of Standards and Technology (NIST). l. Underwriters' Laboratories, Inc. (UL).

B. Compliance with laws and regulations:

1. In accordance with Owner’s front end bid documents.

1.03 DEFINITIONS
A. Definitions of terms and other electrical and instrumentation considerations as set forth by:

1. IEEE.

2. NETA.

3. IES.

4. ISA.

5. NEC.

6. NEMA.

7. NFPA.

8. NIST.

B. Specific definitions:

1. FAT: Factory acceptance test.

2. ICSC: Instrumentation and controls subcontractor.

3. LCP: Local control panel: Operator interface panel that may contain an HMI, pilot type control devices, operator interface devices, control relays, etc. and does not contain a PLC or RIO.

4. PCM: Process control module: An enclosure containing any of the following devices: PLC, RTU, or RIO.

5. PCIS: Process control and instrumentation system.

6. RTU: Remote telemetry unit: A controller typically consisting of a PLC, and a means for remote communications. The remote communications devices typically are radios, modems, etc.

7. Space: That portion of the switchgear, motor control center, panelboard, switchboard or control panel that does not physically contain a device but is capable of accepting a device with no modifications to the equipment, i.e., provide all standoffs, bus, and hardware, as part of the space.

8. Spare: That portion of the switchgear, motor control center, panelboard, switchboard or control panel that physically contains a device with no load connections to be made.

9. VCP: Vendor control panel: Control panels that are furnished with particular equipment by a vendor other than the ICSC. These panels may contain PLCs, RIO, OIT, HMI, etc.

10. Unequipped space: That portion of the switchgear, motor control center, panelboard, switchboard or control panel that does not physically contain a device, standoff, bus, hardware, or other equipment.

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Common Work Results for
Electrical

1.04 SYSTEM DESCRIPTION
A. General requirements:

1. The Work includes everything necessary for and incidental to executing and completing the Electrical Work indicated on the Drawings and specified in the Specifications and reasonably inferable there from:
a. The Electrical Drawings are schematic in nature; use the Structural, Architectural, Mechanical, and Civil Drawings for all dimensions and scaling purposes.

2. It is the intent of these Specifications that the entire electrical power, instrumentation, and control system be complete and operable. Provide all necessary material and labor for the complete system from source of power to final utilization equipment, including all connections, testing, calibration of equipment furnished by others as well as equipment furnished by the Contractor, whether or not specifically mentioned but which are necessary for successful operation.

3. Provide all Electrical Work, including conduit, field wiring, and connections by the electrical subcontractor under the provisions of the Electrical Specifications for all aspects of the Work.

4. Coordinate all aspects of the Work with the electrical subcontractor and other subcontractors before bidding in order to ensure that all costs associated with a complete installation are included. The Owner is not responsible for any change orders due to lack of coordination of the Work between the Contractor, the electrical subcontractor, the other subcontractors or suppliers.

5. Provide all trenching, forming, rebar, concrete, back filling, hard surface removal and replacement, for all items associated with the Electrical Work and installation:
a. As specified in the Contract Documents.

6. Defective work:
a. In accordance with Owner’s front end bid documents.

7. Utility coordination: Coordinate with the electric utility as required.

1.05 SUBMITTALS
A. Furnish submittals as specified in Section 01 33 00 and this Section.

B. General:

1. Instruct all equipment suppliers of submittals and operation and maintenance manuals of the requirements in this Section.

2. Furnish the submittals required by each section in the Electrical Specifications.

3. Adhere to the wiring numbering scheme specified in Section 26 05 53 throughout the Project:
a. Uniquely number each wire.
b. Wire numbers must appear on all Equipment Drawings.

4. Use equipment and instrument tags, as indicated on the Drawings, for all submittals.

C. Seismic requirements:

1. Provide electrical equipment with construction and anchorage to supporting structures designed to resist site seismic loads based on the seismic design criteria per the Manufacturer’s instructions.

2. Exemptions: A “statement of seismic qualification” and a “special seismic certification” are not required for the following equipment:
a. Temporary or moveable equipment.
b. Equipment anchored to the structure and having a total weight of 20 pounds or less. c. Distribution equipment anchored to the structure and having a total unit weight of 3 pounds per linear foot, or less.

D. Operation and maintenance manuals:

1. Furnish the Engineer with a complete set of written operation and maintenance manuals 8 weeks before Functional Acceptance Testing.

E. Material and equipment schedules:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 00 - 5
Common Work Results for
Electrical

1. Furnish a complete schedule and/or matrix of all materials, equipment, apparatus, and luminaries that are proposed for use:
a. Include sizes, names of manufacturers, catalog numbers, and such other information required to identify the items.

F. Schedule of values:

1. In addition to completing all items referred to in the schedule of values, submit per unit material and labor costs used in developing the final bid for the electrical system, for the express purpose of pricing and cost justification for any proposed change orders. In addition to the items shown on the schedule of values, provide per unit material and labor costs for conduit and wire installation for specific types, sizes, and locations as indicated on the Drawings and Conduit Schedule. It is the responsibility of the electrical subcontractor to prove to the Engineer’s satisfaction that said per unit costs were used in the development of the final Bid amount.

G. Record Documents:

1. In accordance with Owner’s front end bid documents.

H. Test reports:

1. As specified in Section 01 33 00.

2. Additional requirements for field acceptance test reports are specified in Section 26 08 50.

I. Calculations:

1. Where required by specific Electrical Specifications:
a. Because these calculations are being provided by a registered professional engineer, they will be reviewed for form, format, and content but will not be reviewed for accuracy and calculation means.

J. The following submittals should be assembled and delivered in separate binders:

1. Valmont Radio Tower.

2. Radio/Repeater Panel.

3. Radio Tower Lighting Panel.

4. Conduits, Pull Boxes, Hand holes, Cable and Wiring Devices.

5. Electrical Miscellaneous Components – Ground Equipment, Circuit Breakers, Transformers, Fiber optic cables etc.,
K. Each submittal shall be bound in a three-ring binder, which is sized such that when all material is inserted, the binder is not over 3/4 full. Binder construction shall allow easy removal of any page without complete manual disassembly. Spiral ring type binders are not acceptable.

1. Each binder shall be appropriately labeled on the outside spine and front cover with the project name, contract number, equipment supplier's name, specification section(s), and major material contained therein.

2. An index shall be provided at the inside of the front cover. This index shall itemize the contents of each tab and sub tab section. Also list the project name, contract number and equipment’s supplier's name, address and phone number on the index page.

3. Field equipment shop documents, panel equipment shop documents, drawings, and bill of materials shall be grouped under separate tabs. Shop documents shall be ordered in the same sequence as their corresponding Contract specification subsection. Failure to mark applicable products and to cross out non-applicable products shall cause rejection of the entire submittal.

4. Data summary sheets shall be provided to sub tab all shop documents for each individual piece of equipment. Data summary sheets shall be on blue paper. The data summary sheets shall have the following information:
a. Product identification; name used herein and on the Contract Drawings. b. the manufacturer's model number, part number or other designation. This shall include the specific numbers of all options.
c. Tag number per the Drawings.

1.06 QUALITY ASSURANCE

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 00 - 6
Common Work Results for
Electrical
A. Furnish all equipment listed by and bearing the label of UL or of an independent testing laboratory acceptable to the Engineer and the Authority Having Jurisdiction.

1.07 DELIVERY, STORAGE, AND HANDLING
A. In accordance with Owner’s front end bid documents and per Manufacturer’s instructions.

1.08 PROJECT OR SITE CONDITIONS
A. Site conditions:

1. Provide an electrical, instrumentation and control system, including all equipment, raceways, and any other components required for a complete installation that meets the environmental conditions for the Site as specified in the General Requirements and below.

2. Altitude, temperature and humidity:
a. Provide all electrical components and equipment fully rated for continuous operation at this altitude, with no additional derating factors applied. b. Provide additional temperature conditioning equipment to maintain all equipment in non-conditioned spaces subject to these ambient temperatures, with a band of 10 degrees Fahrenheit above the minimum operating temperature and 10 degrees Fahrenheit below maximum operating temperature, as determined by the equipment manufacturer’s guidelines:
1) Provide all power conduits wiring for these devices (e.g. heaters, fans, etc.) whether indicated on the Drawings or not.

B. Provide enclosures for electrical, instrumentation and control equipment, regardless of supplier or subcontractor furnishing the equipment, that meet the requirements outlined in NEMA Standard 250 for the following types of enclosures:

1. NEMA Type 1: Intended for indoor use, primarily to provide a degree of protection from accidental contact with energized parts or equipment.

2. NEMA Type 3R: Intended for outdoor use, to provide a degree of protection against ingress of solid foreign objects (falling dirt), and from the ingress of water (rain, sleet, snow).

3. NEMA Type 4: Intended for indoor or outdoor use, primarily to protect equipment from exposure to windblown dust and rain, splashing or hose directed water, ice formation and freezing.

4. NEMA Type 4X: Made from corrosion resistant materials (fiberglass reinforced plastic, 316 stainless steel or equal) and are intended for indoor or outdoor use, primarily to protect equipment from exposure to windblown dust and rain, splashing or hose directed water, ice formation and freezing, and corrosion.

5. NEMA Type 12: Intended for indoor use, primarily to provide a degree of protection from dust, falling dirt and dripping non-corrosive liquids.

1.09 SEQUENCING (NOT USED)

1.10 SCHEDULING
A. General:

1. As specified in accordance with the Owner’s front end bid documents.

2. Testing requirements are specified in Section 26 08 50 and other sections.

B. Pre-submittal conference:

1. Before producing any submittals, schedule a pre-submittal conference for the purposes of reviewing the entire Project, equipment, control philosophy, schedules, and submittal requirements.

1.11 WARRANTY
A. Warrant the Electrical Work as specified in in accordance with the Owner’s front end bid documents.

1. Provide additional warranty as specified in the individual Electrical Specifications.

1.12 SYSTEM START-UP

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Facility EV Charging Infrastructure 26 05 00 - 7
Common Work Results for
Electrical
A. Replace or modify equipment, software, and materials that do not achieve design requirements after installation in order to attain compliance with the design requirements:

1. Following replacement or modification, retest the system and perform additional testing to place the complete system in satisfactory operation and obtain compliance acceptance from the Engineer.

1.13 OWNER’S INSTRUCTIONS (NOT USED)

1.14 MAINTENANCE
A. Before Substantial Completion, perform all maintenance activities required by any sections of the Specifications including any calibrations, final adjustments, component replacements or other routine service required before placing equipment or systems in service.

B. Furnish all spare parts as required by other sections of the Specifications.

1.15 OPERATION AND MAINTENANCE MANUALS
A. Submit Operation and Maintenance Manuals. The manuals shall describe the equipment and meet all the requirements in the other technical sections and include the following:

1. Operating instructions and start up procedures including receiving and installation requirements.

2. Maintenance instructions listing preventive and corrective maintenance procedures.

Corrective maintenance procedures shall identify the most probable failures and the appropriate repairs. Test measurement levels shall be referenced to specific test points on the installed equipment.

3. Spare parts data shall be furnished for each item of material and equipment specified. The data shall include a complete list of parts and supplies, with current unit prices and source of supply. A list and itemized price breakdown of spare parts recommended for stocking shall be furnished. The parts selected shall be those, in the manufacturer's judgment, will be involved in the majority of maintenance difficulties encountered.

4. A table listing the tag number, manufacturer and manufacturer's model number shall be provided to summarize the Bill of Material.

5. Control schematics, ladder diagrams and interconnection drawings.

6. Catalog cuts and technical manuals for all components of the system.

7. Originals of all guarantees and warranties issued for the various items of equipment, showing all dates of expiration.

8. Originals of all factory and field test results.

9. Final as-builts of all shop drawings, incorporating manufacturing and field changes. All drawings will be by 11x17 inch sheet size and also electronic format, AutoCAD on CD.

10. For items referenced under AutoCAD Record Drawings included in this Specification, provide a CD with files as required in "AutoCAD Record Drawings."

11. All catalog cut information, warranties, testing results and technical manuals shall be provided on CD in PDF format, in addition to hardcopy.

12. Operation and maintenance manuals to be delivered and approved prior to final approval and project completion.

1.16 RECORD DRAWINGS
A. During progress of job, keep up to date one set of electrical drawings stamped with "As Built".

Dimension from the following readily obtained base lines:

1. Exact location, type and function of concealed control equipment and devices.

2. Exact elevation and locations and size of underground conduits.

3. Show the dimensions, location and routing of electrical work which will become concealed.

B. Maintain "As Built" drawings weekly in conjunction with the actual progress of installation.

Accurate progress drawings shall be available on site for examination by the City's representative.

C. At completion of the project, deliver "As Built" drawings to the City's representative.

D. The Contractor shall guarantee the accuracy of the "As Built" record drawings, and the AutoCAD record drawings for a period of one year after the City has accepted the project.

City of San Luis Obispo Transit
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Common Work Results for
Electrical
During this time, the Contractor shall bear all costs associated with correcting deficiencies and inaccuracies of these Drawings. During this time, the Contractor shall also bear all costs necessary to field investigate any deficiencies, or inaccuracies and field trace wires if required by Project Engineer.

PART 2 – PRODUCTS

2.01 MANUFACTURERS
A. Provide similar items of same manufacturer throughout the electrical and instrumentation portion of the Project.

B. Allowable manufacturers are specified in individual Electrical Specifications.

2.02 EXISTING PRODUCTS (NOT USED)

2.03 MATERIALS
A. Furnish all materials under this Contract that are new, free from defects, and standard products produced by manufacturers regularly engaged in the production of these products and that bear all approvals and labels as required by the Specifications.

B. Provide materials complying with the applicable industrial standards.

C. Stainless steel:

1. Where stainless steel is indicated or used for any portion of the Electrical Work, provide a non-magnetic, corrosion-resistant alloy, ANSI Type 316, satin finish.

2. Provide exposed screws of the same alloys.

3. Provide finished material free of any burrs or sharp edges.

4. Use only stainless steel hardware, when chemically compatible, in all areas that are or could be in contact with corrosive chemicals.

5. Use stainless steel hardware, when chemically compatible, in all chemical areas or areas requiring NEMA Type 4X construction.

6. Do not use stainless steel in any area containing chlorine, gas or solution, chlorine products or ferric chloride.

2.04 MANUFACTURED UNITS (NOT USED)

2.05 EQUIPMENT (NOT USED)

2.06 COMPONENTS (NOT USED)

2.07 ACCESSORIES (NOT USED)

2.08 MIXES (NOT USED)

2.09 FABRICATION (NOT USED)

2.10 FINISHES (NOT USED)

2.11 SOURCE QUALITY CONTROL
A. Provide all equipment that is new, free from defects, and standard products produced by manufacturers regularly engaged in the production of these products.

PART 3 – EXECUTION

3.01 EXAMINATION
A. It is the electrical subcontractor's responsibility to be fully familiar with the existing conditions and local requirements and regulations.

B. Comply with pre-bid conference requirements as specified in in accordance with the Owner’s front end bid documents.

C. Review the site conditions and examine all shop drawings for the various items of equipment in order to determine exact routing and final terminations for all wiring and cables.

3.02 PREPARATION (NOT USED)

3.03 INSTALLATION

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Common Work Results for
Electrical
A. Equipment locations shown on Electrical Drawings may change due to variations in equipment size or minor changes made by others during construction:

1. Verify all dimensions indicated on the Drawings:
a. Actual field conditions govern all final installed locations, distances, and levels.

2. Review all Contract Documents and approved equipment shop drawings and coordinate Work as necessary to adjust to all conditions that arise due to such changes.

3. Make minor changes in location of equipment before rough in, as directed by the Owner or Engineer.

4. Provide a complete electrical system:
a. Install all extra conduits, cables, and interfaces as may be necessary to provide a complete and operating electrical system.

B. Install the equipment in accordance with the accepted installation instructions and anchorage details to meet the seismic and wind load requirements at the Project site.

C. Cutting and patching:

1. Perform all cutting, patching, channeling, core drilling, and fitting required for the Electrical Work, except as otherwise directed:
a. Secure the permission of the Engineer before performing any operation likely to affect the strength of a structural member such as drilling, cutting or piercing:
1) Before cutting, channeling, or core drilling any surface, ensure that no penetration of any other systems will be made:
(a) Verify that area is clear and free of conduits, cables, piping, ductwork, posttensioning cables, etc. (b) Use tone-locate system or X-ray to ensure that area is clear of obstructions. b. Review the complete Drawing set to ensure that there are no conflicts or coordination problems before cutting, channeling, or core drilling any surface.

2. Perform all patching to the same quality and appearance as the original work. Employ the proper tradesmen to secure the desired results. Seal around all conduits, wires, and cables penetrating walls, ceilings, and floors in all locations with a fire stop material, typically:
a. 3M: CP 25WB+: Caulk.
b. 3M: Fire Barrier: Putty.

3. Use the installation details indicated on the Drawings as a guide for acceptable sealing methods.

D. Install all conduits and equipment in such a manner as to avoid all obstructions and to preserve headroom and keep openings and passageways clear:

1. Install all conduits and equipment in accordance with working space requirements in accordance with the NEC.
a. This includes any panel, disconnect switch or other equipment that can be energized while open exposing live parts regardless of whether it is likely to require examination or has serviceable parts.

2. Where the Drawings do not show dimensions for locating equipment, install equipment in the approximate locations indicated on the Drawings.
a. Adjust equipment locations as necessary to avoid any obstruction or interferences.

3. Where an obstruction interferes with equipment operation or safe access, relocate the equipment.

4. Where the Drawings do not indicate the exact mounting and/or supporting method to be used, use materials and methods similar to the mounting details indicated on the Drawings.

E. Earthwork and concrete:

1. Install all trenching, shoring, concrete, backfilling, grading and resurfacing associated with the Electrical Work:
a. Requirements as specified in the Contract Documents.

F. Terminations:

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1. Provide and terminate all conductors required to interconnect power, controls, instruments, panels, and all other equipment.

G. Miscellaneous installation requirements:

1. In case of interference between electrical equipment indicated on the Drawings and the other equipment, notify the Engineer.

2. Location of manholes and pullboxes indicated on the Drawings are approximate.

Coordinate exact location of manholes and pullboxes with Mechanical and Civil Work.

3. Provide additional manholes or pullboxes to those shown where they are required to make a workable installation.

H. Labeling:

1. Provide all nameplates and labels as specified in Sections 26 05 53.

I. Equipment tie-downs:

1. Anchor all instruments, control panels, and equipment by methods that comply with seismic and wind bracing criteria, which apply to the Site.

2. All control panels must be permanently mounted and tied down to structures in accordance with the Project seismic criteria.

3.04 ERECTION, INSTALLATION, APPLICATION, CONSTRUCTION (NOT USED)

3.05 REPAIR/RESTORATION (NOT USED)

3.06 RE-INSTALLATION (NOT USED)

3.07 COMMISSIONING
A. For Owner and Engineer witnessed FAT:

1. Contractor is responsible for the Owner’s and Engineer’s costs associated with FAT as specified in other sections.

B. Owner training:

1. In accordance with Owner’s front end bid documents and in this Section.

C. Source testing (FAT):

1. Provide source testing and owner training on electrical equipment as defined below:
a. 26 32 14 - Single Diesel Fueled Engine Generator, Non- Witnessed, Owner Training requirements: 4 hrs per session for Maintenance, 4 hrs per session for Operation

3.08 FIELD QUALITY CONTROL
A. Inspection:

1. Allow for inspection of electrical system installation as specified in this section.

2. Provide any assistance necessary to support inspection activities.

3. Engineer inspections may include, but are not limited to, the following:
a. Inspect equipment and materials for physical damage. b. Inspect installation for compliance with the Drawings and Specifications. c. Inspect installation for obstructions and adequate clearances around equipment. d. Inspect equipment installation for proper leveling, alignment, anchorage, and assembly.
e. Inspect equipment nameplate data to verify compliance with design requirements. f. Inspect raceway installation for quality workmanship and adequate support. g. Inspect cable terminations.

4. Inspection activities conducted during construction do not satisfy inspection or testing requirements specified in Section 26 08 50.

B. Field acceptance testing (Functional Testing):

1. Notify the Engineer when the Electrical Work is ready for field acceptance testing.

2. Perform the field acceptance tests as specified in Section 26 08 50.

3. Record results of the required tests along with the date of test:
a. Use conduit identification numbers to indicate portion of circuit tested.

C. Workmanship:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 00 - 11 Common Work Results forElectrical

1. Leave wiring in panels, manholes, boxes, and other locations neat, clean, and organized:
a. Neatly coil and label spare wiring lengths.
b. Shorten, re-terminate, and re-label excessive used as well as spare wire and cable lengths, as determined by the Engineer.

3.09 ADJUSTING (NOT USED)

3.10 CLEANING
A. As specified in Section 01 77 00.

B. Remove all foreign material and restore all damaged finishes to the satisfaction of the Engineer and Owner.

C. Clean and vacuum all enclosures to remove all metal filings, surplus insulation and any visible dirt, dust or other matter before energization of the equipment or system start-up.

D. As specified in other sections of the Contract Documents.

3.11 PROTECTION
A. Protect all Work from damage or degradation until Substantial Completion.

B. Maintain all surfaces to be painted in a clean and smooth condition.

3.12 SCHEDULES (NOT USED)
END OF SECTION 26 05 00

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City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 03 - 1 UTILITY COORDINATION SECTION 26 05 03

UTILITY COORDINATION
PART 1GENERAL

1.01 SUMMARY
A. Section includes:

1. Coordination with the utility companies to provide service.

2. Contractor’s responsibilities for connecting to utilities and providing utility service to the facilities.

3. Descriptions of utility services required.

B. Related sections:

1. Section 01 33 00 - Submittal Procedures.

2. Section 01 75 17 - Commissioning.

3. Section 26 05 00 - Common Work Results for Electrical.

1.02 REFERENCES
A. As specified in Section 26 05 00.

1.03 DEFINITIONS
A. As specified in Section 26 05 00.

B. Utility contacts:

1. Electric utility: For service equipment coordination a. Name: Kevin Chang.
b. Utility: Pacific Gas & Electric.
c. Address: -
d. Phone number: 415-725-1209 .
e. E-mail: [email protected]

2. Electric utility: For transformer upgrade
a. Name: Justin McDonald.
b. Utility: Pacific Gas & Electri.
c. Address: -
d. Phone number: 805-546-1271 .
e. E-mail: [email protected]

1.04 SYSTEM DESCRIPTION
A. Electrical service:

1. Provide all Work and materials and bear all costs for providing temporary construction power and the permanent electrical service, including but not limited to:
a. All Work and materials not provided by the electric utility. b. All permits and fees required by the electric utility.

2. Provide electrical ducts, raceways, conductors and connections indicated on the Drawings, and all other Work and materials required for a complete electrical service, including but not limited to the following:
a. Electrical primary and secondary conduits and conductors from the point of electric utility connection to the service entrance equipment.
b. Metering conduits from the instrument transformers to the meter. c. All work shown on the utility plans.

B. General:

1. Coordinate and obtain inspections and final installation approval from the serving utilities and other authorities having jurisdiction.

1.05 SUBMITTALS
A. Furnish submittals as specified in Sections 01 33 00 and 26 05 00.

B. Certification:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 03 - 2 UTILITY COORDINATION

1. Submit certification that the intended installation has been coordinated with the utility companies.

2. Include a narrative description of the utility’s requirements and points of connection, names and telephone numbers for contacts at the utilities.

1.06 QUALITY ASSURANCE
A. As specified in Section 26 05 00.

B. Materials and equipment used in performance of Electrical Work shall be listed or labeled by UL, or other equivalent recognized independent testing laboratory, for the class of service intended.

1.07 DELIVERY, STORAGE, AND HANDLING (NOT USED)

1.08 PROJECT OR SITE CONDITIONS
A. As specified in Section 26 05 00.

1.09 SEQUENCING (NOT USED)

1.10 SCHEDULING
A. General:

1. Before start of Site Work, make arrangements for electrical service as required.

B. Electrical systems:

1. Before bidding, the electrical contractor shall coordinate with the City for most up to date utilities plans from PG&E to determine the Work and materials that will be required from the Contractor, and all fees and permits that will be required, so that all utility systems furnished by the Contractor will be included in the bid.

2. Before commencing Work, coordinate electric service entrance requirements with local electric utility to assure that the installation will be complete as specified in these Contract Documents:
a. Ensure power transformer size, electrical characteristics, and location are consistent with the design and service voltage provided by the electric utility coordinated with other trades.
b. Arrange for utility revenue meter.
c. Coordinate installation of metering CTs and PTs furnished by the electric utility. d. Pay any charges required by the electric utility for connection and turn-on.

C. Before commencing Site Work, coordinate underground conduit installations with other Work to eliminate conflicts and avoid interferences with other underground systems.

1.11 WARRANTY
A. As specified in Section 26 05 00.

1.12 SYSTEM START-UP
A. As specified in Section 26 05 00.

1.13 OWNER'S INSTRUCTIONS (NOT USED)

1.14 MAINTENANCE (NOT USED)
PART 2PRODUCTS

2.01 MANUFACTURERS (NOT USED)

2.02 EXISTING PRODUCTS (NOT USED)

2.03 MATERIALS
A. Furnish materials in accordance with the applicable requirements of the utilities and as specified in these Specifications.

2.04 MANUFACTURED UNITS (NOT USED)

2.05 EQUIPMENT

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 03 - 3 UTILITY COORDINATION A. Furnish equipment in accordance with the applicable requirements of the utilities and as specified in these Specifications.

2.06 COMPONENTS (NOT USED)

2.07 ACCESSORIES (NOT USED)

2.08 MIXES (NOT USED)

2.09 FABRICATION (NOT USED)

2.10 FINISHES (NOT USED)

2.11 SOURCE QUALITY CONTROL (NOT USED)
PART 3EXECUTION

3.01 EXAMINATION (NOT USED)

3.02 PREPARATION (NOT USED)

3.03 INSTALLATION
A. As specified in Section 26 05 00.

3.04 ERECTION, INSTALLATION, APPLICATION, CONSTRUCTION (NOT USED)

3.05 REPAIR/RESTORATION (NOT USED)

3.06 RE-INSTALLATION (NOT USED)

3.07 COMMISSIONING
A. As specified in Section 26 05 00.

3.08 FIELD QUALITY CONTROL
A. As specified in Section 26 05 00.

3.09 ADJUSTING (NOT USED)

3.10 CLEANING
A. As specified in Section 26 05 00.

3.11 PROTECTION
A. As specified in Section 26 05 00.

3.12 SCHEDULES (NOT USED)
END OF SECTION 26 05 03

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City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 1
600-VOLT OR LESS WIRES AND
CABLES
SECTION 26 05 18
600-VOLT OR LESS WIRES AND CABLES
PART 1GENERAL

1.01 SUMMARY
A. Section includes:

1. 600 volt class or less wire and cable.

B. Related sections:

1. Section 01 33 00 - Submittal Procedures.

2. Section 26 05 00 - Common Work Results for Electrical.

3. Section 26 05 26 - Grounding and Bonding.

4. Section 26 05 53 - Identification for Electrical Systems.

1.02 REFERENCES
A. As specified in Section 26 05 00.

B. ASTM International (ASTM):

1. B3 - Standard Specification for Soft or Annealed Copper Wire.

2. B8 - Standard Specification for Concentric-Lay–Stranded Copper Conductors, Hard, Medium-Hard, or Soft.

C. CSA International (CSA).

D. Insulated Cable Engineers Association (ICEA):

1. NEMA WC 70/ICEA S-95-658-1999 - Standard for Nonshielded Power Cables Rated 2000 Volts or Less for the Distribution of Electrical Energy.

2. NEMA WC 57/ICEA S-73-532 - Standard for Control, Thermocouple Extension, and Instrumentation Cables.

E. National Fire Protection Association (NFPA):

1. 70 - National Electrical Code (NEC).

2. 72 - National Fire Alarm and Signaling Code.

3. 101 - Life Safety Code.

F. Telecommunications Industry Association/Electronics Industry Association (TIA/EIA):

1. 568-C.2 - Balanced Twisted-Pair Telecommunication Cabling and Components Standard.

G. Underwriter's Laboratories Inc., (UL):

1. 44 - Thermoset-Insulated Wires and Cables.

2. 1277 - Standard for Electrical Power and Control Tray Cables with Optional Optical-Fiber Members.

3. 1424 - Standard for Cables for Power-Limited Fire-Alarm Circuits.

4. 1569 - Standard for Metal-Clad Cables.

5. 2196 - Standard for Tests for Fire Resistive Cables.

6. 2225 - Standard for Cables and Cable-Fittings For Use in Hazardous (Classified) Locations.

1.03 DEFINITIONS
A. As specified in Section 26 05 00.

B. Definitions of terms and other electrical considerations as set forth in the:

1. ASTM.

2. ICEA.

1.04 SYSTEM DESCRIPTION
A. Furnish and install the complete wire and cable system.

1.05 SUBMITTALS
A. Furnish submittals as specified in Sections 01 33 00 and 26 05 00.

B. Product data:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 2
600-VOLT OR LESS WIRES AND
CABLES

1. Manufacturer of wire and cable.

2. Insulation:
a. Type.
b. Voltage class.

3. American wire gauge (AWG) size.

4. Conductor material.

5. Pulling compounds.

C. Shop drawings:

1. Show splice locations.
a. For each proposed splice location provide written justification describing why the splice is necessary.

D. Test reports:

1. Submit test reports for meg-ohm tests.

E. Calculations:

1. Submit cable pulling calculations to the Engineer for review and comment for all cables that will be installed using mechanical pulling equipment. Show that the maximum cable tension and sidewall pressure will not exceed manufacturer recommended values:
a. Provide a table showing the manufacturer’s recommended maximum cable tension and sidewall pressure for each cable type and size included in the calculations. b. Submit the calculations to the Engineer a minimum of 2 weeks before conduit installation.

1.06 QUALITY ASSURANCE
A. As specified in Section 26 05 00.

B. All wires and cables shall be UL listed and labeled.

1.07 DELIVERY, STORAGE, AND HANDLING
A. As specified in Section 26 05 00.

1.08 PROJECT OR SITE CONDITIONS (NOT USED)

1.09 SEQUENCING (NOT USED)

1.10 SCHEDULING (NOT USED)

1.11 WARRANTY
A. As specified in Section 26 05 00.

1.12 SYSTEM START-UP
A. As specified in Section 26 05 00.

1.13 OWNER`S INSTRUCTIONS (NOT USED)

1.14 MAINTENANCE (NOT USED)
PART 2PRODUCTS

2.01 MANUFACTURERS
A. One of the following or equal:

1. 600 volt class wire and cable:
a. General Cable.
b. Okonite Company.
c. Southwire Company.

2. 600 volt VFD cable:
a. General Cable.
b. Southwire Company.

3. Instrumentation class wire and cable:
a. Alpha Wire Company.
b. Belden CDT.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 3
600-VOLT OR LESS WIRES AND
CABLES
c. General Cable BICC Brand.
d. Okonite Company.
e. Rockbestos Surprenant Cable Corporation.

2.02 EXISTING PRODUCTS (NOT USED)

2.03 MATERIALS
A. Conductors:

1. Copper in accordance with ASTM B3.

2.04 MANUFACTURED UNITS
A. General:

1. Provide new wires and cables manufactured within 1 year of the date of delivery to the Site.

2. Permanently mark each wire and cable with the following at 24-inch intervals:
a. AWG size.
b. Voltage rating.
c. Insulation type.
d. UL symbol.
e. Month and year of manufacture.
f. Manufacturer's name.

3. Identify and mark wire and cable as specified in Section 26 05 53:
a. Use integral color insulation for Number 2 AWG and smaller wire. b. Wrap colored tape around cable larger than Number 2 AWG.

B. 600 volt class wire and cable:

1. Provide AWG or kcmil sizes as indicated on the Drawings or in the Conduit Schedules:
a. When not indicated on the Drawings, size wire as follows:
1) In accordance with the NEC:
(a) Use 75 degree Celsius ampacity ratings.
(b) Ampacity rating after all derating factors, equal to or greater than rating of the overcurrent device.
2) Provide Number 12 AWG minimum for power conductors.
3) Provide Number 14 AWG minimum for control conductors.

2. Provide Class B stranding in accordance with ASTM B8:
a. Provide Class C stranding where extra flexibility is required.

3. Insulation:
a. XHHW/XHHW-2
b. 90 degrees Celsius rating.

C. Instrumentation class cable:

1. Type TC.

2. Suitable for use in wet locations.

3. Voltage rating: 600 volts.

4. Temperature rating:
a. 90 degrees Celsius rating in dry locations.
b. 75 degrees Celsius rating in wet locations.

5. Conductors:
a. Insulation:
1) Flame-retardant PVC, 15 mils nominal thickness, with nylon jacket 4 mils nominal thickness.
b. Number 16 AWG stranded and tinned.
c. Color code:
1) Pair: Black and white.
2) Triad: Black, white and red.
3) Multiple pairs or triads:
(a) Color-coded and numbered.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 4
600-VOLT OR LESS WIRES AND
CABLES

6. Drain wire:
a. 18 AWG.
b. Stranded, tinned.

7. Jacket:
a. Flame retardant, moisture and sunlight resistant PVC. b. Ripcord laid longitudinally under jacket to facilitate removal.

8. Shielding:
a. Individual pair/triad:
1) Minimum 1.35-mil double-faced aluminum foil/polyester tape overlapped to provide 100 percent coverage.
b. Multiple pair or triad shielding:
1) Group shield: Minimum 1.35-mil double-faced aluminum foil/polyester tape overlapped to provide 100 percent coverage.
2) Completely isolate group shields from each other.
3) Cable shield: 2.35 mils double-faced aluminum and synthetic polymer backed tape overlapped to provide 100 percent coverage.
c. All shielding to be in contact with the drain wire.

2.05 EQUIPMENT (NOT USED)

2.06 COMPONENTS (NOT USED)

2.07 ACCESSORIES
A. Wire ties:

1. One of the following or equal:
a. T&B "Ty-Rap" cable ties.
b. Panduit cable ties.

B. Wire markers:

1. As specified in Section 26 05 53.

2.08 MIXES (NOT USED)

2.09 FABRICATION (NOT USED)

2.10 FINISHES (NOT USED)

2.11 SOURCE QUALITY CONTROL
A. Assembly and testing of cable shall comply with the applicable requirements of ICEA S-95-658-1999.

B. Test Type THHN/THWN-2 in accordance with the requirements of UL 44.

PART 3EXECUTION

3.01 EXAMINATION (NOT USED)

3.02 PREPARATION (NOT USED)

3.03 INSTALLATION
A. As specified in Section 26 05 00.

B. Color-coding:

1. Color-coding shall be consistent throughout the facility.

2. The following color code shall be followed for all 240/120 volt and 208/120 volt systems:
a. Phase A - Black.
b. Phase B - Red.
c. Phase C - Blue.
d. Single phase system - Black for one hot leg, red for the other. e. Neutral - White.
f. High phase or wild leg - Orange.
g. Equipment ground - Green.

3. The following color code shall be followed for all 480/277 volt systems:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 5
600-VOLT OR LESS WIRES AND
CABLES
a. Phase A - Brown.
b. Phase B - Orange.
c. Phase C - Yellow.
d. Neutral - Gray.
e. Equipment ground - Green.

4. The following color code shall be followed for all 120 VAC control wiring:
a. Power - Red.
b. Neutral - White.

5. The following color code shall be followed for all general purpose DC control circuits:
a. Grounded conductors - White with blue stripe.
b. Ungrounded conductors - Blue.

6. Switch legs shall be violet. Three-way switch runners shall be pink.

7. Wires in intrinsically safe circuits shall be light blue.

8. Wire colors shall be implemented in the following methods:
a. Wires manufactured of the desired color.
b. Continuously spiral wrap the first 6 inches of the wire from the termination point with colored tape:
1) Colored tape shall be wrapped to overlap 1/2 of the width of the tape.

C. Install conductors only after the conduit installation is complete, and all enclosures have been vacuumed clean, and the affected conduits have been swabbed clean and dry:

1. Install wires only in approved raceways.

2. Do not install wire:
a. In incomplete conduit runs.
b. Until after the concrete work and plastering is completed.

D. Properly coat wires and cables with pulling compound before pulling into conduits:

1. For all Number 4 AWG and larger, use an approved wire-pulling lubricant while cable is being installed in conduit:
a. Ideal Products.
b. Polywater Products.
c. 3M Products.
d. Greenlee Products.
e. Or equal as recommended by cable manufacturer.
f. Do not use oil, grease, or similar substances.

E. Cable pulling:

1. Prevent mechanical damage to conductors during installation.

2. For cables Number 1 AWG and smaller, install cables by hand.

3. For cables larger than Number 1 AWG, power pulling winches may be used if they have cable tension monitoring equipment.

4. Provide documentation that maximum cable pulling tension was no more than 75 percent of the maximum recommended level as published by the cable manufacturer. If exceeded, the Engineer may, at his discretion, require replacement of the cable.

5. Ensure cable pulling crews have all calculations and cable pulling limitations while pulling cable.

6. Add a junction box or pullbox where required to prevent cable pulling tension or sidewall pressure from exceeding 75 percent of manufacturer’s recommendation for the specified cable size:
a. Leave sufficient slack to make proper connections.

F. Use smooth-rolling sheaves and rollers when pulling cable into cable tray to keep pulling tension and bending radius within manufacturer’s recommendations.

G. Install and terminate all wire in accordance with manufacturer's recommendations.

H. Neatly arrange and lace conductors in all switchboards, panelboards, pull boxes, and terminal cabinets by means of wire ties:

1. Do not lace wires in gutter or panel channel.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 18 - 6
600-VOLT OR LESS WIRES AND
CABLES

2. Install all wire ties with a flush cutting wire tie installation tool:
a. Use a tool with an adjustable tension setting.

3. Do not leave sharp edges on wire ties.

I. Terminate stranded conductors on equipment box lugs such that all conductor strands are confined within the lug:

1. Use ring type lugs if box lugs are not available on the equipment.

J. Lighting circuits:

1. Each circuit shall have a dedicated neutral.

K. Apply wire markers to all wires at each end after being installed in the conduit and before megohm testing and termination.

L. Instrumentation class cable:

1. Install instrumentation class cables in separate raceway systems from power cables:
a. Install instrument cable in metallic conduit within non-dedicated manholes or pull boxes.
b. Install cable without splices between instruments or between field devices and instrument enclosures or panels.

2. Do not make intermediate terminations, except in designated terminal boxes as indicated on the Drawings.

3. Shield grounding requirements as specified in Section 26 05 26.

M. Signal cable:

1. Separate and isolate electrical signal cables from sources of electrical noise and power cables by minimum 12 inches.

N. Wiring allowances:

1. Equipment locations may vary slightly from the drawings. Include an allowance for necessary conductors and terminations for motorized equipment, electrical outlets, fixtures, communication outlets, instruments, and devices within 10 linear feet of locations indicated on the Drawings.

2. Locations for pull boxes, manholes, and duct banks may vary slightly from the drawings.

Include an allowance for necessary conductors and related materials to provide conductors to all pull boxes, manholes and duct banks within 20 linear feet of locations indicated on the Drawings.

3.04 ERECTION, INSTALLATION, APPLICATION, CONSTRUCTION (NOT USED)

3.05 REPAIR/RESTORATION (NOT USED)

3.06 RE-INSTALLATION (NOT USED)

3.07 TESTING
A. As specified in Section 26 08 50.

3.08 FIELD QUALITY CONTROL
A. As specified in Section 26 05 00.

B. Grounding:

1. As specified in Section 26 05 26.

3.09 ADJUSTING (NOT USED)

3.10 CLEANING (NOT USED)

3.11 PROTECTION
A. As specified in Section 26 05 00.

3.12 SCHEDULES (NOT USED)
END OF SECTION 26 05 18

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 21 - 1

LOW VOLTAGE WIRE

CONNECTIONS
SECTION 26 05 21

LOW VOLTAGE WIRE CONNECTIONS
PART 1GENERAL

1.01 SUMMARY
A. Section includes:

1. Wire connecting devices.

2. Terminations.

3. Splices.

B. Related sections:

1. Section 01 33 00 - Submittal Procedures.

2. Section 26 05 00 - Common Work Results for Electrical.

3. Section 26 05 18 - 600-Volt or Less Wires and Cables.

4. Section 26 08 50 – Field Electrical Acceptance Tests.

1.02 REFERENCES
A. As specified in Section 26 05 00.

B. ASTM International (ASTM):

1. D3005 – Standard Specification for Low-Temperature Resistant Vinyl Chloride Plastic Pressure-Sensitive Electrical Insulating Tape.

C. CSA International (CSA):

1. C22.2 - No.197-M1983 (R2208) - PVC Insulating Tape.

D. Underwriters Laboratories, Inc. (UL):

1. 510 - Standard for Polyvinyl Chloride, Polyethylene, and Rubber Insulating Tape.

1.03 DEFINITIONS
A. As specified in Section 26 05 00.

1.04 SYSTEM DESCRIPTION
A. Provide a complete system of wiring connectors, terminators, fittings, etc. for a complete wiring system suitable for the cables and conductors used.

1.05 SUBMITTALS
A. Furnish submittals as specified in Sections 01 33 00 and 26 05 00.

B. Product data:

1. Catalog cut sheets.

2. Installation instructions.

1.06 QUALITY ASSURANCE
A. As specified in Section 26 05 00.

B. All materials shall be UL listed.

1.07 DELIVERY, STORAGE, AND HANDLING
A. As specified in Section 26 05 00.

1.08 PROJECT OR SITE CONDITIONS
A. As specified in Section 26 05 00.

1.09 SEQUENCING (NOT USED)

1.10 SCHEDULING (NOT USED)

1.11 WARRANTY
A. As specified in Section 26 05 00.

1.12 SYSTEM START-UP
A. As specified in Section 26 05 00.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 21 - 2

LOW VOLTAGE WIRE

CONNECTIONS

1.13 OWNER’S INSTRUCTIONS (NOT USED)

1.14 MAINTENANCE (NOT USED)
PART 2PRODUCTS

2.01 MANUFACTURERS
A. Manufacturers for each type of technology are specified with the equipment in this Section.

2.02 EXISTING PRODUCTS (NOT USED)

2.03 MATERIALS (NOT USED)

2.04 MANUFACTURED UNITS (NOT USED)

2.05 EQUIPMENT
A. Control connections:

1. Use insulated ring type wire terminators for connections to all screw terminals:
a. With chamfered/funneled terminal barrel entry.
b. Deep internal serrations.
c. Long barrel design to reduce electrical resistance and increased insulator-barrel surface area to ensure that the insulator remains in contact with the barrel. d. Electroplated-tin copper conductor.
e. Manufacturer: The following or equal:
1) Thomas and Betts, Stakon.

2. For process equipment connections work from manufacturer's drawings.

B. Joints, taps, and connections:

1. 600-volt conductors:
a. Use solderless connectors.
b. Use only plated copper alloy connectors or lugs:
1) Aluminum connectors or lugs are not acceptable for copper conductors. c. For wire Number 10 AWG and smaller use compression splice caps, with insulating caps:
1) Manufacturer: The following or equal:
(a) Buchanan 2006S or 2011S, with 2007 or 2014 insulating caps. d. For wire Number 8 AWG and larger, use heavy duty copper compression connectors:
1) Manufacturer: One of the following or equal:
(a) Burndy.
(b) Thomas and Betts.
e. Heat shrink tubing:
1) Suitable for indoors, outdoors, overhead, direct burial or submerged applications.
2) Minimum shrink ratio: 4 to 1.
3) Continuous operating temperature: -55 degrees Celsius to 110 degrees Celsius. 4) Internally applied adhesive sealant.
5) Cross-linked polyolefin:
(a) Manufacturers, one of the following or equal:
(1) 3M ITCSN.
(2) Thomas & Betts Shrink-Kon.

C. Insulating tape:

1. General purpose insulating tape:
a. Minimum 7 mil vinyl tape.
b. Suitable for application in an ambient of -18 degrees Celsius (0 degrees Fahrenheit). c. Operating range up to 105 degrees Celsius (220 degrees Fahrenheit). d. Flame retardant, hot- and cold- weather resistant, UV resistant. e. For use as a primary insulation for wire cable splices up to 600 VAC. f. Meeting and complying with:
1) ASTM D3005 Type I

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 21 - 3

LOW VOLTAGE WIRE

CONNECTIONS
2) UL 510.
3) CSA C22.2.
g. Manufacturer: The following or equal:
1) 3M - Scotch Number Super 33+.

2. General-purpose color-coding tape:
a. Minimum 7 mil vinyl tape.
b. Suitable for application on PVC and polyethylene jacketed cables. c. For use indoors and outdoors in weather protected enclosures. d. Available with the following colors:
1) Red.
2) Yellow.
3) Blue.
4) Brown.
5) Gray.
6) White.
7) Green.
8) Orange.
9) Violet.
e. For use as phase identification, marking, insulating, and harnessing. f. Meeting and complying with:
1) UL 510.
2) CSA C22.2.
g. Manufacturer the following or equal:
1) 3M - Scotch Number 35.

2.06 COMPONENTS (NOT USED)

2.07 ACCESSORIES (NOT USED)

2.08 MIXES (NOT USED)

2.09 FABRICATION (NOT USED)

2.10 FINISHES (NOT USED)

2.11 SOURCE QUALITY CONTROL (NOT USED)
PART 3EXECUTION

3.01 EXAMINATION (NOT USED)

3.02 PREPARATION (NOT USED)

3.03 INSTALLATION
A. As specified in Section 26 05 00.

B. Load connections:

1. Connect loads to the circuits as indicated. Color-code all branch circuits as specified in Section 26 05 18.

C. Zero to 600-volt systems:

1. Make all connections with the proper tool and die as specified by the device manufacturer.

2. Use only tooling and dies manufactured by the device manufacturer.

3. Insulate all connections and splices with Scotch 33+ tape and Scotchfill, or pre-molded plastic covers, or heat shrink tubing and caps.

4. Number all power and control wires before termination.

D. Motor connections (600 volts and below):

1. Terminate wires with compression type ring lugs at motors.

2. Connection at both the motor leads and the machine wires shall have ring type compression lugs.

3. Cover bolted connectors with a heat shrinkable, cross-linked polyolefin material formed as a single opening boot:

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 21 - 4

LOW VOLTAGE WIRE

CONNECTIONS
a. In damp and wet locations, use a complete kit containing mastic that shall seal out moisture and contamination.
b. Shrink cap with low heat as recommended by manufacturer.

4. Wire markers shall be readable after boot installation.

5. Manufacturer: The following or equal:
a. Raychem MCK.

3.04 ERECTION, INSTALLATION, APPLICATION, CONSTRUCTION (NOT USED)

3.05 REPAIR/RESTORATION (NOT USED)

3.06 RE-INSTALLATION (NOT USED)

3.07 COMMISSIONING
A. As specified in Section 01 75 17.

3.08 FIELD QUALITY CONTROL
A. As specified in Section 26 05 00.

3.09 ADJUSTING (NOT USED)

3.10 CLEANING (NOT USED)

3.11 PROTECTION
A. As specified in Section 26 05 00.

3.12 SCHEDULES (NOT USED)
END OF SECTION 26 05 21

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 26 - 1 GROUNDING AND BONDING SECTION 26 05 26

GROUNDING AND BONDING
PART 1GENERAL

1.01 SUMMARY
A. Section includes:

1. Grounding materials and requirements.

B. Related sections:

1. Section 01 33 00 - Submittal Procedures.

2. Section 26 05 00 - Common Work Results for Electrical.

3. Section 26 08 50 - Field Electrical Acceptance Tests.

1.02 REFERENCES
A. As specified in Section 26 05 00.

B. ASTM International (ASTM):

1. B3 - Standard Specification for Soft or Annealed Copper Wire.

2. B8 - Standard Specification for Concentric-Lay-Stranded Copper Conductors, Hard, Medium-Hard, or Soft.

C. Institute of Electrical and Electronics Engineers (IEEE):

1. 81 - IEEE Guide for Measuring Earth Resistivity, Ground Impedance, and Earth Surface Potentials of a Grounding System.

D. Underwriters Laboratories, Inc. (UL):

1. 467 - Ground and Bonding Equipment.

1.03 DEFINITIONS
A. As specified in Section 26 05 00.

1.04 SYSTEM DESCRIPTION
A. Ground equipment and raceway systems so that the completed installation conforms to all applicable code requirements.

B. Provide a complete electrical grounding system as indicated on the Drawings and as specified including but not limited to:

1. Grounding electrodes.

2. Bonding jumpers.

3. Ground connections.

C. Provide bonding jumpers and wire, grounding bushings, clamps and appurtenances required for complete grounding system to bond equipment and raceways to equipment grounding conductors.

D. The ground system resistance (electrode to ground) of the completed installation, as determined by tests specified in Section 26 08 50, shall be:

1. 5 ohms or less for industrial systems.

2. 1 ohm or less for electrical buildings.

1.05 SUBMITTALS
A. Furnish submittals as specified in Sections 01 33 00 and 26 05 00.

B. Product data:

1. Catalog cut sheets.

1.06 QUALITY ASSURANCE
A. As specified in Section 26 05 00.

B. All grounding components and materials shall be UL listed and labeled.

1.07 DELIVERY, STORAGE, AND HANDLING
A. As specified in Section 26 05 00.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 26 - 2 GROUNDING AND BONDING

1.08 PROJECT/SITE CONDITIONS (NOT USED)

1.09 SEQUENCING (NOT USED)

1.10 SCHEDULING (NOT USED)

1.11 WARRANTY
A. As specified in Section 26 05 00.

1.12 SYSTEM START-UP
A. As specified in Section 26 05 00.

1.13 OWNER’S INSTRUCTIONS (NOT USED)

1.14 MAINTENANCE (NOT USED)
PART 2PRODUCTS

2.01 MANUFACTURERS
A. Compression connectors: One of the following or equal:

1. FCI Burndy.

2. Thomas & Betts.

B. Ground rods: One of the following or equal:

1. Erico.

2. Harger.

3. Nehring
C. Ground cable: One of the following or equal:

1. Nehring.

2. Harger.

3. Southwire.

D. Precast ground well boxes: One of the following or equal:

1. Brooks Products.

2. Christy Concrete Products.

2.02 EXISTING PRODUCTS (NOT USED)

2.03 MATERIALS
A. Ground rod:

1. Minimum: 3/4-inch diameter, 10 feet long.

2. Uniform 10 mil covering of electrolytic copper metallically bonded to a rigid steel core:
a. The copper-to-steel bond shall be corrosion resistant.

3. In accordance with UL 467.

4. Sectional type joined by threaded copper alloy couplings.

5. Fit the top of the rod with a threaded coupling and steel-driving stud.

B. Ground cable:

1. Requirements:
a. Soft drawn (annealed).
b. Concentric lay, coarse stranded in accordance with ASTM B8. c. Bare copper in accordance with ASTM B3.

2. Size is as indicated on the Drawings, but not less than required by the NEC.

C. Compression connectors:

1. Manufactured of high copper alloy specifically for the particular grounding application.

2. Suitable for direct burial in earth and concrete.

3. Identifying compression die number inscription to be impressed on compression fitting.

D. Equipment grounding conductors:

1. Conductors shall be the same type and insulation as the load circuit conductors:
a. Use 600-volt insulation for the equipment grounding conductors for medium voltage systems.

City of San Luis Obispo Transit
Facility EV Charging Infrastructure 26 05 26 - 3 GROUNDING AND BONDING

2. Minimum size in accordance with the NEC.

E. Grounding electrode conductors:

1. Minimum size in accordance with the NEC.

F. Main bonding jumpers and bonding jumpers:

1. Minimum size in accordance with the NEC.

2.04 MANUFACTURED UNITS (NOT USED)

2.05 EQUIPMENT (NOT USED)

2.06 COMPONENTS (NOT USED)

2.07 ACCESSORIES
A. Precast ground well boxes:

1. Minimum 10 inch interior diameter.

2. Traffic-rated cast iron cover.

3. Permanent “GROUND” marking on cover.

2.08 MIXES (NOT USED)

2.09 FABRICATION (NOT USED)

2.10 FINISHES (NOT USED)

2.11 SOURCE QUALITY CONTROL (NOT USED)
PART 3EXECUTION

3.01 EXAMINATION (NOT USED)

3.02 PREPARATION (NOT USED)

3.03 INSTALLATION
A. As specified in Section 26 05 00.

B. Provide a separate, green insulated, grounding conductor in each raceway independent of raceway material.

1. Provide a separate grounding conductor in each individual raceway for parallel feeders.

C. Provide a separate grounding conductor for each motor and connect at motor terminal box. Do not use bolts securing motor box to frame or cover for grounding connectors:

1. When grounding motors driven by variable frequency drives (VFD) comply with the requirements of the VFD manufacturer.

D. Provide a grounding type bushing with lug for connection of grounding conductor for conduits that originate from each motor control center section, switchboard, or panelboard:

1. Individually bond these raceways to the ground bus in the equipment.

E. Provide grounding type bushings with lugs for connection of grounding conductor at both ends of metallic conduit runs. Bond ground bushings to the grounding system.

F. Provide a green insulated wire-grounding jumper from the ground screw to a box grounding screw and, for grounding type devices, to equipment grounding conductor.

G. Interconnect the secondary switchgear, switchboard, or panelboard neutral bus to the ground bus in the secondary switchgear, switchboard, or panelboard compartment, only at service entrance point or after a transformer.

H. Duct bank ground system:

1. Provide a bare copper grounding conductor the entire length of each duct bank, embedded in the concrete of the duct bank as indicated on the Drawings and specified in the Specifications.

2. Bond duct bank ground conductors together where duct banks join, merge, intersect, or split.

I. Grounding at service (600 V or Less):