South Lake Tahoe City Council
August 12, 2025

City Council
Tamara Wallace, Mayor
Cody Bass, Mayor Pro Tem
Scott Robbins, Councilmember
David Jinkens, Councilmember
Keith Roberts, Councilmember
Mission of the City Council
We provide responsive and effective local
government by maintaining a safe, livable, and
well-managed city through smart investment,
reliable services, and thoughtful planning.

City of South Lake Tahoe
City Council and South Tahoe Joint Powers Parking
Financing Authority
Meeting Agenda
Tuesday, August 12, 2025 at 9:00 am
City Hall - Council Chambers - 1901 Lisa Maloff Way, South Lake Tahoe Public Participation
City Council meetings are held in person at the time and location listed on this agenda. Meetings are live-streamed on Channel 21, City website at www.cityofslt.us, YouTube at https://www.youtube.com/channel/UC3LYne8Ih-kTPLnnuyJW9SQ/live and via ZOOM at this link https://us02web.zoom.us/j/85827825853
A public agenda packet is available for review at City Hall, 1901 Lisa Maloff Way, on the City’s Website at www.cityofslt.us, or by contacting the City Clerk's Office, (530) 542-6005 or [email protected] Providing Public Comment:

In Person: Every agenda for regular meetings provides an opportunity for members of the public to directly address the legislative body (City Council), on any item of public interest which is within the jurisdiction of the City Council during Public Communications. For items on the agenda or in connection with any item which the City Council will consider, the public is given the opportunity to comment before or during the City Council's consideration of the item [Government Code Section 54954.3(a)].

Remote Participation: If you are joining the meeting via ZOOM and would like to make a comment, press the "raise a hand" button. If you are joining the meeting via Channel 21 or live stream and would like to make a comment, please call (530) 542-6500. The meeting ID is: 858 2782 5853. Press *9 to indicate a desire to make a comment. Press *6 to unmute your phone. The Clerk will call you by the last three digits of your phone number when it is your turn to speak. Note: The Mayor reserves the right to conduct the meeting with in-person public participation only, if there is a technology malfunction that precludes the use of remote public participation.

In Writing: Written comments received by 3 p.m. the day before the meeting will be distributed to City Council prior to the meeting. Written public comment regarding any item on this agenda may be sent to [email protected]. When emailing comments, identify the agenda item number in the subject line to which your comments relate. Any such comment that is a public record and is emailed to 1 1. Regular City Council Meeting Minutes
[email protected] or otherwise provided to a majority of the City Council before the meeting will be made available for public inspection during normal business hours at the City Clerk's Office located at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe [Government Code Section 54957.5(b)]. Written comments will not be read out loud during the meeting.

The City Council Chambers meeting facility is accessible to people with disabilities. Every reasonable effort will be made to accommodate any person needing special assistance to attend this meeting.

Contact the City Clerk at (530) 542-6005 at least 48 hours in advance of the meeting for assistance [28 CFR 35.102.35.104 ADA Title II and Brown Act Government Code Sections 54953.2, 54954.1, 54954.2, and 54957.5].

Spanish Interpretations: The public may access Spanish interpretation using the ZOOM link listed on the front of the Agenda from an internet device (smartphone, laptop, tablet, home computer) with audio capabilities and selecting the Spanish language option. Persons without an internet device may attend the meeting in-person and a device will be provided while supplies last. Requests for interpreter services to offer public comment may be made by contacting the City Clerk.

Land Acknowledgement
Land Acknowledgement - The City of South Lake Tahoe acknowledges the lands we occupy today are the lands and home of the Wašíšiw, the people from here known today as the Washoe Tribe of Nevada and California, a sovereign nation. Since the beginning of time and for thousands of years before the arrival of any other people, the Washoe lived here and cared for this place, with values and intention that we can all learn from. On behalf of the City Council, I would like to acknowledge, thank, and honor the Indigenous Washoe Tribal Communities that are the past, present, and future stewards of the Lake Tahoe Basin.

Call to Order/Pledge of Allegiance
Roll Call
Closed Session Report
Public Communications
This is the public's opportunity to speak on any topic NOT LISTED on this agenda. Comments shall be limited to four (4) minutes. In accordance with the Brown Act, the City Council cannot deliberate or vote on any matter raised under public communications, but may briefly respond to statements made or questions posed. (Government Code Sections 54954.2)
City Commission Reports
Consent Agenda
Public Comment - This is the public's opportunity to speak on any topic listed on the Consent Agenda.

Comments shall be limited to three (3) minutes per item and six (6) minutes total per speaker.

The consent agenda consists of items of a repeating or routine nature considered under a single action.

Any Councilmember may have an item on the consent agenda removed and considered separately upon request.

Pass a Motion to adopt the Consent Agenda in one motion except as indicated at each item.

Requested Action / Suggested Motions: Pass a Motion approving the minutes from the June 17, 2025, City Council meeting.

Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 1- Executive Summary.pdf
06 17 2025 City Council Meeting Minutes.pdf
2 2. Bijou Park Connector Multi-Use Trail Project: Award Construction Contract to The Design Build Inc. and Amend Professional Services Agreement with Eastern Sierra Engineering to Add Construction Support Services

3. Correction of Assessor Parcel Numbers for Grant of Permanent Easement to Liberty Utilities for Underground and Above Ground Utility Facilities at Harrison Avenue Parking Lot

4. Grant Funding Acceptance from the California Office of Traffic Safety

5. Public Works Department Annual Report 2024

6. Award Furniture, Fixtures & Equipment Contract for New Multigenerational Recreation and Aquatic Center
Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to: (1) execute an Agreement with The Design Build Inc. in the amount of $733,786.00, with an additional 10% contingency of $73,378.60, for a total not-to-exceed project amount of $807,164.60 to build approximately 0.6 miles of Class I bicycle and pedestrian trail within Bijou Community Park; and (2) execute Second Amendment to Professional Services Agreement with Eastern Sierra Engineering in the amount $19,470.00, for a total contract amount not exceed $396,022.00.

CEQA Determination: This action is categorically exempt under CEQA Guidelines Sections 15301 (Existing Facilities) and 15304 (Minor Alterations to Land).

Responsible Staff Member(s): John Dickinson, Airport Manager (Acting Project Manager) Item 2- Executive Summary.pdf
01- Staff Report
02- Contract with Design Build Inc.
03- Bid Tab
04 - Eastern Sierra Amendment No. 2.doc
05- PSA_Time_Amendment-1_C-108-2023_-_signed.pdf
06- C-094-2021 Eastern Sierra Engineering Inc_.pdf
Requested Action / Suggested Motions: Pass a Resolution Granting a Permanent Utility Easement to Liberty Utilities for the purpose of expanding infrastructure to service 12 Electric Vehicle Charging Stations at APNs 026-113-007, -008, -009, -010, and -011, all City-owned parcels.

CEQA Determination: This action is exempt under CEQA Guidelines Section 15061(b)(3) (small structures, such as the installation of utility infrastructure).

Responsible Staff Member(s): Emily Dougherty, Associate Transportation Planner Item 3- Executive Summary.pdf
01 Staff Report - Harrison Liberty Easement.docx
02-Resolution - Correction to Liberty Easement.docx
03-Grant of Easement Harrison Liberty (Exh. A to Reso).pdf Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute agreement, budget, and reimbursement of grant award by California Office of Traffic Safety in amount up to $45,000.00 to facilitate extra enforcement for traffic-related issues for Federal fiscal year 2025/2026, effective October 1, 2025, and ending September 30, 2026.

Responsible Staff Member(s): LT. Doug Sentell
Item 4- Executive Summary.pdf
01-Staff Report - California Office of Traffic Safety.docx 02-Resolution-State Office of Traffic Safety.docx
03-Grant Agreement California Office of Traffic Safety (Exh. A to Reso) 04-GRANT-PROGRAM-MANUAL-FFY-2025 (Exh. B to Grant Agreement).pdf Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member(s): Anush Nejad, Director of Public Works Item 5- Executive Summary.pdf
01-Staff Report - Annual Report 2024.docx
02-PW Annual Report 2024.pdf
Requested Action / Suggested Motions: Pass a Motion authorizing the Mayor Pro Tem to execute 3 7. Approval of a 3-Year Agreement with Arctic Wolf for Cybersecurity Services

8. Updating the Electric Vehicle Charging Rate for Public Chargers to Eliminate Grace Period

9. Reimbursement Agreement with South Tahoe Public Utility District for the Rockwood to Blackwood Drainage Improvements Project

10. Reimbursement Agreements with South Tahoe Public Utility District for the Tahoe Valley Stormwater and Greenbelt Improvement Project
the Professional Services Agreement with Meteor Education in the amount of $237,875.80 for the purchase, delivery, storage and installation of the furniture, fixtures and equipment for the new Multigenerational Recreation and Aquatic Center.

Responsible Staff Member(s): John Stark, Director of Parks & Recreation Item 6- Executive Summary.pdf
01-Staff Report-Contract with Meteor Education for FFE 7.30.25.docx 02-Agreement with Meteor Education 8.1.25.docx
03-Meteor Cooperative Purchasing Agreement
Requested Action / Suggested Motions: Pass a Motion to authorize and direct the Mayor Pro Tem to execute a 3-year agreement with Arctic Wolf to provide cyberthreat detection and response services for a total cost of $113,538.00, paid in yearly installments.

Responsible Staff Member(s): Gabriel Raab, Network Systems Administrator Item 7- Executive Summary.pdf
01-Staff Report - Arctic Wolf.docx
02-Arctic Wolf 1 year vs 3 year.pdf
03-Purchase Order and Agreement Arctic Wolf.pdf
04-Coop Agreement Ingram_OMNIA.pdf
Requested Action / Suggested Motions: 1) Acting as the City Council, Pass a Resolution adopting the updated electric vehicle charging rate structure for City-owned publicly available electric vehicle chargers; and (2) Acting as the South Tahoe Joint Powers Parking Financing Authority, Pass a Resolution updating the electric vehicle charging rate structure for public chargers at the Parking Garage.

Responsible Staff Member(s): Sara Letton, Sustainability Coordinator, and Jeff Roberson, Police Chief
Item 8- Executive Summary.pdf
01 - Staff Report - Update to Electric Vehicle Charging Rate.docx 02 - Resolution EV Charging Station Rates City Council.docx 03 - Resolution EV Charging Station Rates STJPPFA.docx
04 - Redline of March 25 Staff Report Electric Vehicle Charging Rate for Public Chargers.pdf Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreement in an amount up to $59,728.75; and authorizing the Director of Finance to amend Fiscal Year 2024-2025 budget, and to invoice the District for an overall not to exceed amount of $59,728.75.

CEQA Determination: The Planning Commission adopted the Initial Study/Mitigated Negative Declaration for the Project on November 19, 2020, and on May 16, 2024, the Planning Commission adopted an addendum to the CEQA Initial Study/Mitigated Negative Declaration. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Brianna Greenlaw, Associate Civil Engineer Item 9- Executive Summaryu.pdf
01-Staff Report-STPUD Reimbursement UBPC.docx
02-STPUD Reimbursement Agreement (Exh. A to Reso).pdf
03-Resolution - STPUD Reimbursement UBPC.doc
Requested Action / Suggested Motions: Pass a Resolution authorizing and directing the Mayor Pro Tem to execute the South Tahoe Public Utility District reimbursement agreements in amounts up to $326,561.25 for the Phase 1 Project and up to $112,862.50 for the Phase 2 Project; and authorizing 4 11. Financial Policy Amendments Regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and New Financial Policy - Fraud Waste and Abuse

12. Amendment No.1 to Agreement with Black Eagle Consulting for 2025 Construction Season Material Testing

13. Ratification of Contract Amendment with Patrick Clark Consulting for Labor Relations Support the Director of Finance to amend Fiscal Year 2024-2025 budget, and to invoice the District for an overall not to exceed amount of $439,423.75.

CEQA Determination: The Planning Commission adopted a Mitigated Negative Declaration for the Project on May 9, 2019, SCH# 20190292152. Addendum No. 1 adding the basin and associated improvements at the corner of 4th Street and Barton Avenue was adopted by the Planning Commission on February 20, 2025. This action does not require additional review under CEQA Guidelines section 15162.

Responsible Staff Member(s): Brianna Greenlaw, Associate Civil Engineer Item 10- Executive Summary.pdf
01-Staff Report - STPUD Reimbursement Agreements.docx
02-Project Area Map
03-STPUD Reimbursement Agreement Phase 1 (Exh. A to Reso) 04-Reimbursement Agreement Phase 2 (Exh. B to Reso)
05-Resolution - STPUD Reimbursement.doc
Requested Action / Suggested Motions: Pass a Resolution amending financial policies regarding Procurement, Grant Funding and Compliance, Preserving Capital Investments, Unclaimed Check, and adopting New Financial Policy - Fraud Waste and Abuse.

Responsible Staff Member(s): Andrew Black, Financial Services Supervisor, Lori Marino, Principal Management Analyst
Item 11- Executive Summary.pdf
01-Staff Report - Financial Policy Amendments.docx
02-Resolution - Financial Policy Amendments.docx
03- CSLT Procurement Policy Redline.pdf
04- CSLT Procurement Policy (Exh. A to Reso).pdf
05- CSLT Grant Funding Compliance Policy Redline.pdf
06- CSLT Grant Funding Compliance (Exh. B to Reso).pdf
07- CSLT Preserving Capital Investments Redline.pdf
08- CSLT Preserving Capital Investments (Exh. C to Reso).pdf 09- CSLT Unclaimed Check Redline.pdf
10- CSLT Unclaimed Check (Exh. D to Reso).pdf
11- CSLT Fraud, Waste, and Abuse Policy (Exh E to Reso).pdf Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to execute Amendment No.1 to Agreement with Black Eagle Consulting for an Additional $150,000 for the 2025 Construction Season Material Testing, for a total amount not to exceed $355,000.

CEQA Determination: This action is exempt from review under CEQA Guidelines section 15306 (Information Collection).

Responsible Staff Member(s): Stephen Anderjack, Project Manager Item 12- Executive Summary.pdf
01-Staff Report-Amendment 1.docx
02-Amendment_1-C-XXX-2025.docx
03- C-135-2024 Black Eagle Consulting.pdf
Requested Action / Suggested Motions: Pass a Motion ratifying a contract amendment with Patrick Clark Consulting for Labor Relations Support for additional compensation of $13,000, and a total amount not to exceed $63,000.

Responsible Staff Member(s): Joseph Irvin, City Manager Item 13- Executive Summary.pdf
5 14. Lease to Locals Program Update

15. Citizen Appointment to the Building and Housing Board of Appeals

16. Ordinance Amending South Lake Tahoe City Code to Lower Speed Limits on Sections of Sierra Boulevard (First Reading)

17. Delegation of City Engineer and City Traffic Engineer and Agreement with Lefrancois Engineering for On-Call Engineering and Traffic Engineering Services 01-Staff Report-PSA Amendment No. 1 Patrick Clark Consuting.docx 02-Amendment No. 1 with Patrick Clark Consulting.docx
03-C-018-2023 Patrick Clark Consulting.pdf
Regular-Unfinished Business
Requested Action / Suggested Motions: Pass a Motion to either: 1) Terminate the Professional Services Agreement with Placemate in 30 days, bring Program management in-house, and change the name to Long-Term Rental Incentive Program; 2) Allocate additional funding for incentive grants and continue with the Professional Service Agreement with Placemate; 3) Allocate additional funding for incentive grants and bring operation in-house; or, 4) Allow the Professional Services Agreement term to run its course until January 31, 2026, to gradually close the second grants.

Responsible Staff Member(s): Lydia Zuniga, Associate Management Analyst Item 14- Executive summary.pdf
01_-_Staff_Report_Lease_to_Locals_Update__1_ (2).docx
Regular-New Business
Requested Action / Suggested Motions: Review the application received, and either 1) pass a Motion appointing the applicant to the Building and Housing Board of Appeals or 2) Direct the City Clerk to continue soliciting for applications to the Building and Housing Board of Appeals.

Responsible Staff Member(s): Michelle Davis, Assistant City Clerk Item 15- Executive Summary.pdf
01-Staff Report- Appointment to the Building and Housing Board of Appeals.docx 02-_BBOA_Application-_May_Redacted.pdf
Requested Action / Suggested Motions: Pass a Motion to hold a first reading (by the title only) of an Ordinance Amending South Lake Tahoe City Code Chapter 4.25 (Motor Vehicles and Traffic), Article IV (Operation of Vehicles), Sections 4.25.160 and 4.25.170 to Modify the Speed Restrictions on Sierra Boulevard, and refer to second reading and adoption to the meeting on September 9, 2025.

CEQA Determination: This action is exempt from review under CEQA Guidelines section 15301(c) (Existing Facilities).

Responsible Staff Member(s): Anush Nejad, Director of Public Works and Doug Sentell, Administrative Lieutenant
Item 16- Executive Summary.pdf
01-Staff Report - Amendment to Speed Restrictions Ordinance Sierra.docx 02-Ordinance-Speed Limit Reduction on Sierra Blvd.docx
03 - R20250724 Sierra Boulevard ETS - Signed.pdf
Requested Action / Suggested Motions: Pass a Resolution 1) Authorizing and directing the Mayor Pro Tem to execute Professional Services Agreement with Lefrancois Engineering for an amount not to exceed $300,000; 2) Appropriating $300,000 from General Fund Undesignated Excess Reserves into account 100-03210-42025; 3) Delegating to Michael Lefrancois, P.E., an employee of Lefrancois Engineering, the authority to act as City Engineer; 4) Delegating to Bill Suen, P.E. (Traffic) an employee of LSC Transportation Consultants, Inc., a subconsultant to Lefrancois Engineering, the authority to act as City Traffic Engineer.

Responsible Staff Member(s): Ricky Riddle, Construction Facilities and Program Manager Item 17- Executive Summary.pdf
6 18. Agenda Planning Calendar
01-Staff Report - On Call Engineering Services.docx
02-Agreement - Lefrancois Engineering.pdf
03-Resolution-City Engineer and Traffic Engineer.docx
Agenda Planning Calendar
Requested Action / Suggested Motions: Identify, with consent of at least two Council Members, any desired future agenda items, and/or modify the Agenda Planning Calendar as desired.

Responsible Staff Member(s): Joseph Irvin, City Manager, and Susan Blankenship, City Clerk Item 18- Executive Summary.pdf
APC - 08 07 2025.pdf
Updates and Announcements (City Attorney, City Clerk, City Manager) Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions
Adjournment
I, Susan Blankenship, City Clerk for the City of South Lake Tahoe, declare that the foregoing agenda for the Tuesday, August 12, 2025, City Council meeting was posted and available for review on Thursday, August 7, 2025, at City Hall, 1901 Lisa Maloff Way, South Lake Tahoe, CA 96150. The agenda was also available on the City's website at https://www.cityofslt.us.

Signed August 7, 2025
\\sb\\ Susan Blankenship, Elected City Clerk
7 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:1
Agenda Item: Regular City Council Meeting Minutes
Executive Summary: City Council are asked to formally adopt the meeting Minutes.

Requested Action / Suggested Motions: Pass a Motion approving the minutes from the June 17, 2025, City Council meeting.

Responsible Staff Member: Michelle Davis, Assistant City Clerk Reviewed and Approved By: Susan Blankenship, City Clerk Attachments:
06 17 2025 City Council Meeting Minutes.pdf
8 City of South Lake Tahoe
City Council Meeting Minutes
Tuesday, June 17, 2025 at 5:30 p.m.

City Hall - Council Chambers – 1901 Lisa Maloff Way, South Lake Tahoe NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council member discussions on Regular Session meeting items can be viewed in archived video recordings on the City’s website at http://www.cityofslt.us Public submittals on items are retained in the administrative record and can be viewed in the City Clerk’s repository at http://www.cityofslt.us Land Acknowledgement
Mayor Wallace read the Washoe Tribe of Nevada and California Land Acknowledgement.

Call to Order/Pledge of Allegiance
Mayor Wallace called the meeting to order at 5:33 p.m., then led the pledge of allegiance.

Roll Call
Present were Mayor Wallace, Mayor Pro Tem Bass, and Councilmembers Robbins, Jinkens and Roberts.

Also present were City Manager Irvin, City Attorney Stroud, and City Clerk Blankenship.

Closed Session Reports
None.

Proclamations

1. Proclamation Recognizing June 2025 as "Pride" Month
Action: Issued a Proclamation to Lake Tahoe Pride recognizing June 2025 as "Pride" month.

Written Public Comment was received from the following person:

1. Laura Summers
The following people addressed the Council:

1. Zephyr Kao and Michael Cobbs, Lake Tahoe Pride

2. Proclamation Recognizing July 2025 as "Disability Pride" Month Action: Issued a Proclamation to Access Tahoe recognizing July 2025 as "Disability Pride" month.

The following people addressed the Council:

1. Caitlin Drennan

2. Angie Regean, Access Tahoe

3. Dave Curtzman, Rotary Club

4. John Messina, Seniors Inc.

Public Communications
Public Comment was heard from the following people:

1. Scott Loberg- Need for accessible Escooters, defensible space protocols

2. Eli Ramos, Tribune reporter- Response to Pride Proclamation

3. Davidson - Thank you to the Council for supporting the two Proclamations 9 City Commission Reports
None.

Consent Agenda
Action: Moved/Seconded: Jinkens/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed the consent agenda.

3. Regular and Special City Council Meeting Minutes
Action: Passed Motion 2025-056 approving the minutes from the June 3, 2025, City Council meeting, and the June 6, 2025, Special City Council meeting.

4. Hazardous Fuels Reduction Agreement with West Coast Arborists, Inc.

Action: Passed Motion 2025-057 authorizing and directing the Mayor to execute a Professional Services Agreement with West Coast Arborists, Inc. (C-115-2025) in an amount not to exceed $217,675.00 for the South Tahoe High School Hazardous Fuels Reduction Project.

5. Grant Funding Acceptance and Agreement with California Tahoe Conservancy (CTC) for General Forestry Services for fuels reduction projects on CTC owned property.

Action: Passed Resolution 2025-049 accepting grant funding and authorizing and directing the City Manager to execute a contract for general forestry services California Tahoe Conservancy (C-116-2025) in the amount of $300,000.00 for Fuels Reduction Project work on CTC-owned property within the South Shore of the Tahoe Basin.

6. Direct Charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1 for Fiscal Year 2025-2026
Action: Passed Resolution 2025-050 authorizing certification of direct charge for Mello-Roos Special Tax for Community Facilities District No. 1995-1 for Fiscal Year 2025-2026.

Consent Agenda- South Tahoe Redevelopment Successor Agency

7. Annual Special Tax for Community Facilities District 2001-1 Series 2015 Special Tax Refunding Bonds for Fiscal Year 2025-2026
Action: Moved/Seconded: Robbins/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Acting as the South Tahoe Redevelopment Successor Agency, Passed STRSA Resolution 2025-002 Establishing the Annual Special Tax for Community Facilities District 2001-1 (Park Avenue Project) Series 2015 Special Tax Refunding Bonds (Heavenly Village) for Fiscal Year 2025-2026.

Note: Mayor Wallace announced Item #15 Cannabis Tax Rate Discussion would be moved to the September 9, 2025, City Council meeting.

Public Hearing

8. South Tahoe Refuse Final Delinquent Fees Report
Action: Moved/Seconded: Robbins/Roberts
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Resolution 2025-051 confirming the Final Delinquent Fees Report with revised list and directing the Finance Department to send a certified copy of the Report to the El Dorado County AuditorController to add the delinquent amounts to the county property tax rolls for collection.

Public Comment was heard from the following person:

1. Scott Loberg
10 Regular-Unfinished Business

9. City of South Lake Tahoe and Heavenly Snow Removal Agreement Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Jinkens, Roberts
No: Robbins
Action: Passed Motion 2025-058 authorizing the Mayor to execute an Agreement with Heavenly (C-117- 2025) for Snow Removal services.

Public Comment was heard from the following person:

1. Brian Bigley, Heavenly Resort

10. Ordinance Amending Vacation Home Rental Regulations Outside Tourist Core (Second Reading) and Resolution Establishing Initial Application Period for Preferred Applicants Action: Moved/Seconded: Roberts/Bass
Yes: Wallace, Bass, Jinkens, Roberts
No: Robbins
Action: (1) Passed Ordinance2025-1200 Amending Article V (Vacation Home Rentals) of Chapter

3.50 (Transient Lodging) and Table 2.35.070 (Appealable Actions and Matters) of the South Lake Tahoe City Code to Modify the Regulation of Vacation Home Rentals Located Outside the Tourist Core Area Plan; and (2) Passed Resolution 2025-052 establishing an initial application period for prior Vacation Home Rental and Qualified Vacation Home Rental permittees who were in good standing.

Public Comment was heard from the following people:

1. Scott Loberg

2. Tom Todd

3. Lisa Underwood, Tahoe Keys Resort

4. Heide Munnecke, South Tahoe Association of Realtors

5. Kevin Jordan

6. Duane Wallace

7. Ed Mosur

8. Eric Wenz

9. Emily Hecock

10. Caleb Fry *provided written public comment

11. Steve Teshara, Tahoe Chamber

12. Matt Pagan

13. Adam Dia

14. Paula

15. Ed Kudey

16. Duggan Smith *provided public comment

17. Lauren Gresh, RnR Vacation Rentals

18. Robin Hawkey

19. Dori Irwin *provided written comment

20. Heidi Sanborn

21. Stu Roberson
Written Public Comment was received from the following people:

1. Matt Bettencourt

2. Eric Bickertt

3. Hing Chan and Michael Taravella

4. Alejandro Del Valle

5. Samantha and Adam Crawford

6. Vicky Kaleta

7. Dylan Hastings, South Tahoe Association of Realtors

8. Ellen LaVoie

9. Karen Lienert 11
Regular- New Business

11. Amendments to Vacation Home Rental Program Budget, Allocated Position Listing, and Master Fee Schedule
Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: (1) Passed Resolution 2025-053 Amending the FY 2024-2025 Vacation Home Rental (VHR) Program Budget and Changes to the Allocated Permanent Position Listing; and (2) Passed Resolution 2025-054 Revising the 2024-2025 Master Fee Schedule to amend the annual VHR permit, Inspection and Re-inspection Fees.

Public Comment was heard from the following people:

1. Ed Mosur

2. Scott Loberg

3. Tom Todd

4. John Messina

5. David Gregorich

6. Stu Roberson

12. Acceptance of Grant from California Tahoe Conservancy for Regan Beach Rehabilitation Plan Action: Moved/Seconded: Roberts/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Resolution 2025-055 accepting the grant and authorizing and directing the Mayor to sign the Agreement with California Tahoe Conservancy (CTC) (C-118-2025) from its Lake Tahoe Science and Improvement grant program for $500,000, appropriating $100,000 from General Fund Undesignated Excess Reserves and approving other budget amendments for the project.

Public Comment was heard from the following people:

1. Scott Loberg

2. David Gregorich

13. El Dorado Beach Revetment Project and Budget Allocation Action: Moved/Seconded: Bass/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Resolution 2025-056 authorizing $75,000 from General Fund Undesignated Reserves to be allocated to Account #301-60086 El Dorado Beach Revetment to hire a consultant to complete design and permitting for a temporary repair to the erosion of the beach and burial of exposed super sacks while the City works on a long-term solution that includes removing the plastic super sacks.

Public Comment was heard from the following people:

1. Scott Loberg
Note: Motion to Extend the Meeting past 10:00 p.m.

Action: Moved/Seconded: Bass/Robbins
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-059 to etend the meeting past 10:00 p.m.

14. Memorandum of Understanding with El Dorado County for Use of Senior Center and Coordination of Senior Services
Action: Moved/Seconded: Bass/Jinkens
Yes: Wallace, Bass, Robbins, Jinkens, Roberts
Action: Passed Motion 2025-060 authorizing and directing the Mayor to execute a Memorandum of Understanding with El Dorado County for the use of the Senior Center and coordination of Senior Services.

Public Comment was heard from the following people:

1. Scott Loberg

2. John Messina
12 15. Cannabis Tax Rate Discussion
Note: This item was moved to the September 9, 2025, City Council Meeting.

Written Public Comment was received from the following person:

1. Alex Gosslin, Cannablue
Agenda Planning Calendar

16. Agenda Planning Calendar
Action: Received and filed.

Updates and Announcements (City Attorney, City Clerk, City Manager) City Manager Irvin

1. City offices closed for Juneteenth.

2. Upcoming 4th of July Parade
Councilmember Reports and Comments - Assignments to Boards, Committees, and Commissions Councilmember Jinkens

1. Condolences to the Walker family

2. Attended Dennis Williams celebration of life event
Mayor Wallace

1. Request for staff to work on an agreement with Senior Inc. to provide a common building clubhouse facility for the seniors outside of what the City and the County will be providing in the new Recreation Center. (Jinkens seconed).

Adjourment
Mayor Wallace adjourned the meeting at 10:32 p.m.

Date:

Tamara Wallace, Mayor
Attest:

Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
13 City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
__________________________________
Meeting Date: August 12, 2025
Agenda Item #:2
Agenda Item: Bijou Park Connector Multi-Use Trail Project: Award Construction Contract to The Design Build Inc. and Amend Professional Services Agreement with Eastern Sierra Engineering to Add Construction Support Services
Executive Summary: Staff recommends awarding the construction contract for the Bijou Park Connector Multi-Use Trail Project, which will build approximately 0.6 miles of Class I bicycle and pedestrian trail within Bijou Community Park. This new trail will connect the Al Tahoe Mobility Trail at Johnson Boulevard with the Dennis T. Machida Memorial Greenway Trail, closing a critical gap in the city’s non-motorized transportation network. The project supports local and regional plans, including the City’s Active Transportation Plan and Safe Routes to School initiatives, and is aimed at improving access and safety for residents, particularly in underserved areas. By enhancing connectivity between neighborhoods, schools, parks, and transit routes, the trail will expand active transportation options and community access to key facilities. The project went to bid on June 4th, 2025, and ten prospective bids were received. The bid opening was on July 14th, 2025 and The Design Build Inc. was the lowest responsive bidder at $733,786, including the Compensatory Delay. Also, a contract amendment for Eastern Sierra Engineering is recommended for engineering assistance during construction.

Requested Action / Suggested Motions: Pass a Motion authorizing and directing the Mayor Pro Tem to: (1) execute an Agreement with The Design Build Inc. in the amount of $733,786.00, with an additional 10% contingency of $73,378.60, for a total not-to-exceed project amount of $807,164.60 to build approximately 0.6 miles of Class I bicycle and pedestrian trail within Bijou Community Park; and (2) execute Second Amendment to Professional Services Agreement with Eastern Sierra Engineering in the amount $19,470.00, for a total contract amount not exceed $396,022.00.

Responsible Staff Member: John Dickinson, Airport Manager (Acting Project Manager) Reviewed and Approved By: Anush Nejad, Director of Public Works Susan Blankenship, City Clerk Olga Tikhomirova, Director of Finance Heather Stroud, City Attorney Attachments:
01- Staff Report
02- Contract with Design Build Inc.
03- Bid Tab
04 - Eastern Sierra Amendment No. 2.doc
05- Eastern Sierra Engineering Amendment No. 1 C-108-2023 - signed.pdf 06- C-094-2021 Eastern Sierra Engineering Inc_.pdf
14 Council Agenda Report August 12 2025 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: August 12, 2025
Title: Bijou Connector Project Construction Award and ESE Amendment Location: Bijou Community Park
Responsible Staff Member: John Dickinson, Airport Manager (Acting Project Manager) Background: The Bijou Park Connector Multi-Use Trail Project involves the construction of approximately

0.6 miles of Class I multi-use bicycle and pedestrian trail within the City of South Lake Tahoe. The project is located on City-owned property within Bijou Community Park and is intended to provide a direct connection between two existing transportation corridors: the Al Tahoe Mobility Trail (constructed in 2020) at Johnson Boulevard, and the Dennis T. Machida Memorial Greenway Trail – Phase 1B (constructed in 2021).

The Greenway Trail is part of a larger multi-use pathway system that extends 3.86 miles from the Tahoe Sierra neighborhood toward Van Sickle Bi-State Park. It serves as a major non-motorized transportation route through the city, linking multiple neighborhoods with public facilities, schools, parks, and commercial areas. Planning for the Greenway included several connector trails to improve accessibility to key destinations. The Bijou Park Connector was identified as one of these planned connections to enhance access to Bijou Community Park, and to extend active transportation options between residential areas and the South Tahoe Middle School campus to the north.

This trail segment is consistent with multiple adopted local and regional planning documents, including the City’s Active Transportation Plan, the 2015 Lake Tahoe Unified School District Safe Routes to School Plan, and the 2014 South Lake Tahoe Parks, Trails, and Recreation Master Plan. The project is also supported by the Lake Tahoe Bicycle Coalition, the Community Mobility Working Group, and the Measure S Joint Powers Authority – Bicycle Advisory Committee.

The project aligns with the goals of the Community Development Block Grant (CDBG) program by increasing non-motorized access to and from designated low-income and underserved areas within the City. By completing this connection, the project improves access to schools, parks, transit routes, and other community assets, while enhancing safety and connectivity for pedestrians and cyclists.

The project includes two main construction segments:
 The northern segment, extending from the Johnson Boulevard intersection (Al Tahoe Mobility Trail) to the northern entrance of Bijou Community Park.  The southern segment, connecting the existing Greenway Trail to the southern entrance of the park.

With the completion of this trail, the City will address a key gap in its non-motorized transportation network, improve community connectivity, and expand access to recreational and public facilities.

15 Council Agenda Report August 12 2025 Page 2 of 2
Issue and Discussion: Bijou Park Connector Multi-Use Trail Project – Construction Contract Award The Bijou Park Connector Multi-Use Trail Project was advertised for construction bidding on June 4, 2024, via PlanetBids. Bids were opened and publicly read on July 14, 2024, with a total of 10 bids received. The lowest responsive and responsible bid came from the Design Build Inc in the amount of $703,728.00, plus $500/day for Compensatory Delay, for a total of $733,786.00 The Engineer’s Estimate for this project was $800,000 to $1,000,000. See Attachment 03. The project involves the construction of approximately 0.6 miles of new Class I multi-use bicycle and pedestrian trail, connecting the Al Tahoe Mobility Trail at Johnson Boulevard to the Dennis T. Machida Memorial Greenway Trail – Phase 1B, within Bijou Community Park.

This trail will significantly improve connectivity within the city’s non-motorized transportation network and has been identified as a high-priority project in multiple adopted planning documents, including:
 The Active Transportation Plan
 The Lake Tahoe Unified School District Safe Routes to School Connectivity Plan (2015)  The South Lake Tahoe Parks, Trails, and Recreation Master Plan (2014) The project also supports the goals of the Community Development Block Grant (CDBG) program by increasing equitable access to transportation and recreational infrastructure in underserved areas of the community.

Staff Recommendation:

Awarding the construction contract to The Design Build Inc in the amount of $733,786.00, with an additional 10% contingency of $73,378.60, for a total not-to-exceed project amount of $807,164.60.

The expected expenditures for the project are outlined in Table 1. Funding has already been approved by City Council and is in place for all aspects of the project.

In addition, staff recommends approving Amendment No. 2 to the existing professional services agreement with Eastern Sierra Engineering in the amount of $19,470 to provide construction support services, including assistance with Requests for Information (RFIs), review of submittals, and support with potential change orders. With this amendment, the not-to-exceed total contract amount for Eastern Sierra Engineering will be $396,022. This ensures continuity of design and responsive technical support throughout the construction phase.

Category Amount
Base Contract $733,786.00
Contingency $73,378.60
Eastern Sierra Engineering – Amendment No. 2 $19,470.00 ESE Total Contract Not-to-Exceed Amount $396,022.00
Labor Compliance (Woolpert) $9,900.00
Material Testing Within Budget
The current contract completion date is October 15, 2025. This project must be completed by December 31st, 2025, before CDBG grant expiration. All Section 3 of CDBG will Adhered to.

Financial Implications:

Funding for this project has already been approved by the City Council. The remaining available balances in the funding accounts are as follows:
301 50037
16 Council Agenda Report August 12 2025 Page 3 of 2
 42020 – Professional Services: $50,642.63
 48030 – Construction: $1,421,679.00
These funding sources will be interchanged as the construction part will need additional funding to complete.

Environmental Considerations: Construction of a finished bike path that closely follows existing worn footpaths through City-owned parkland is considered categorically exempt under the California Environmental Quality Act (CEQA). The project qualifies under Section 15301 (Class 1) – Existing Facilities, which exempts minor alterations to existing public facilities involving negligible or no expansion of use, and Section 15304 (Class 4) – Minor Alterations to Land, which includes grading on land with a slope of less than 10% and the creation of bicycle lanes within existing rights-of-way. In addition to CEQA compliance, the National Environmental Policy Act (NEPA) review and Tahoe Regional Planning Agency (TRPA) Environmental Improvement Program (EIP) permit requirements, including the TRPA Initial Environmental Checklist (IEC), have been completed to satisfy federal and regional environmental regulations.

Policy Implications: The Bijou Park Connector Multi-Use Trail Project supports Goal 7.3 by increasing connectivity and safety within the City of South Lake Tahoe. This new trail will close a vital gap in the existing network, providing safer, direct access between key neighborhoods, schools, and parks. By aligning with this goal, the project enhances active transportation options and improves overall community mobility.
17 00500

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

AGREEMENT
DOCUMENT 00500 - AGREEMENT
City Of South Lake Tahoe
Department OF PUBLIC WORKS
Agreement
for
Bijou Park connector trail
Public Works Contract No. 25-30150037
THIS AGREEMENT is made and entered into this __12__ day of ____August__, 2025__, by and between the City of South Lake Tahoe, a political subdivision of the State of California, herein designated “City”, and ____The Design Build Inc_____________, herein designated as “Contractor.”
WITNESSETH, that the City and the Contractor, in consideration of the mutual covenants hereafter set forth, agree as follows:

ARTICLE 1 — THE WORK
Contractor agrees to furnish all labor, tools, equipment, facilities, materials, transportation and services necessary to perform and complete, in a good and workmanlike manner, the BIJOU PARK CONNECTOR TRAIL, PUBLIC WORKS CONTRACT No. 20-30150037, as required pursuant to the Contract Documents.

ARTICLE 2 — COMMENCEMENT AND COMPLETION
The Work to be performed under this Agreement shall commence at the time as specified in the Notice to Proceed, and the Contractor shall diligently undertake the performance of the obligations as set forth in the Contract Documents to achieve Final Completion of the Work (as defined at Section

9.9 Special Provisions) by October 30, 2025, as set forth in the Notice to Proceed (the “Contract Time”).

No grading or excavation or other land disturbance will be allowed between October 15th and May 1st; all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the contract time as set forth in these Bid Documents. 18 00500

The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified herein, plus any extensions thereof allowed in accordance with the Contract Documents. The City and Contractor also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by the City if the Work is not completed within the Contract Time. Accordingly, instead of requiring any such proof, and pursuant to the Contract Documents, the City and the Contractor agree that as liquidated damages (but not as a penalty), the Contractor shall pay the City the sum of $4,200 for each calendar day beyond Substantial Completion and continuing until Bidder achieves Milestone #1, Substantial Completion (per Document 00100, Article 1.04.A.1), the Contractor shall pay the City the sum of $1,000 for each calendar day beyond that portion of the Contract Time within which the Bidder is required to achieve Milestone #2, Final Completion (per Document 00100, Article 1.04.A.2).

In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay, if any, is [INSERT FROM BID PROPOSAL], the amount set forth by Contractor in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of actual, Compensable Delay at the Project. Delay costs that may arise from Compensable Delay, if any, beyond the first sixty (60) calendar days of a Compensable Delay, if allowable, shall thereafter be governed by, and subject to, the applicable provisions of Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.

ARTICLE 3 — CONTRACT PRICE
The City agrees to pay, and the Contractor agrees to accept, in current funds for the performance of the Work pursuant to the Contract Documents, the Contract Sum for the completion of the Work in accordance with the Contract Documents as follows:
[INSERT: BASE BID SCHEDULE PER BID PROPOSAL.]
TOTAL CONTRACT SUM $_____$733,786.00__________________
For the Total Contract Sum of Seven hundred thirty-three thousand, seven hundred eighty six. ______________________________________________ dollars and ____Zero___ cents.

The above Total Contract Sum includes all allowances, if any, provided for in the Contract Documents.

Compensation for Unit Price Items shall be based upon the unit prices stated in the above schedule multiplied by the actual quantities or units of work and materials performed or furnished. Unit prices paid by the City may change depending on actual quantities or units of work completed in accordance with the Contract Documents.
19 00500

ARTICLE 4 — PREVAILING WAGES
Pursuant to the provisions of California Labor Code, Sections 1770 to 1780, inclusive thereof, the Contractor, and any subcontractor, of any tier, shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations.

Attention is directed to the federal minimum wage rate requirements as predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor(s) shall pay not less than the higher wage rate.

In compliance with Senate Bill 854 and the California Labor Code, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

Pursuant to the provisions of California Labor Code Section 1773.2, the Contractor is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the Work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the City's office. The Contractor agrees that not less than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Section 1774. These rate determinations are found on the State of California Department of Industrial Relations' website at: http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

ARTICLE 5 — CONTRACT DOCUMENTS
The Agreement includes and incorporates by reference the Contract Documents for the Project, which consists of the following documents:
(a) Notice to Bidders (Document 00100);
(b) Instructions to Bidders (Document 00200);
(c) Bid Proposal (Document 00400);
(d) Bidder's Bond (Document 00410);
(e) Designation of Subcontractors (Document 00420);
(f) Verification of Contractor and Subcontractor DIR Registration (00423) (g) Self-Performance Declaration (Document 00425);
(h) Debarment and Suspension Certifications (Document 00430); (i) Non-Collusion Declaration (Document 00432);
(j) Worker's Compensation Certification (Document 00435); (k) Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440);
(l) Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450);
20 00500

(m) Equal Employment Opportunity Certification (Document 00460); (n) Non-Lobbying Certification (Document 00465);
(o) Disclosure of Lobbying Activities (Document 00466); (p) Construction Contract DBE Commitment (Document 00471); (q) DBE Information – Good Faith Efforts (Document 00475); (r) Agreement (Document 00500);
(s) Payment Bond Form (Document 00610);
(t) Performance Bond Form (Document 00620);
(u) Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630);
(v) Warranty/Guaranty Form (Document 00635);
(w) Acknowledgment of City Code (Document 00640);
(x) Bid Document Certification (Document 00650); See Exh G (y) The Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards;
(z) Special Provisions (which incorporate by reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2022; the Standard Plans of the State of California, Department of Transportation, dated 2022, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700); (aa) Supplemental Conditions (Document 00800), if any;
(bb) General Requirements, if any;
(cc) Construction Progress Documentation (Document 01300); (dd) Technical Specifications;
(ee) Contract Drawings;
(ff) Addenda (numbers ___ to____, inclusive; and
(gg) Permits from other agencies as may be required by law.

Exhibits to this Agreement are enumerated as follows:
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• Accepted Contractor’s Bid attached hereto as Exhibit ); • Escrow Bid Document Certification attached hereto as Exhibit *; and • Insurance Certificates and Endorsements as Exhibit +. 21 00500

ARTICLE 6 — WORKERS’ COMPENSATION
Contractor shall take out and maintain during the life of the Agreement, adequate and sufficient workers’ compensation insurance for all Contractor’s employees employed at the site of improvements, and, if any Work is sublet, Contractor shall require each subcontractor similarly to provide workers’ compensation insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by Contractor. If any class of employees engaged in Work under this contract at the site of the Project is not protected under workers’ compensation law, Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. Contractor shall indemnify the City for any damage resulting to it from failure of either Contractor or any subcontractor to take out or maintain such insurance.

By its signature upon this Agreement, Contractor certifies that it has carefully reviewed and is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of the labor Code. Contractor, as a condition precedent to the commencement of its Work pursuant to the Agreement, shall comply with such provisions.

ARTICLE 7 — INDEMNITY AND INSURANCE
To the fullest extent permitted by law, and in strict accordance with the Contract Documents, Contractor shall defend, indemnify, and hold harmless the City, its officials, officers, City Council members, employees, agents, the, the Architect/Engineer, the Project Manager and the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, Contractor's operations to be performed under this Agreement, and as otherwise set forth in Contract Documents, including, without limitation, Section 7-1.05A of the Standard Specifications, as modified by Section 7.11 of the Special Provisions. The obligations of defense and indemnity set forth in this Article, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), which would otherwise exist as to a party, or person described elsewhere in the Contract Documents.

Contractor shall maintain the insurance coverage described in Section 7-1.06 of the Standard Specifications, as modified by Section 7.12 of the Special Provisions, throughout the performance of the Agreement, including any maintenance, warranty and/or guaranty periods.

This Agreement shall not be operative until evidence of such insurance has been provided to, and approved by, the City as to form, amount, and carrier. Contractor shall not allow any subcontractor to commence Work at the Project until subcontractor provides evidence to Contractor and City that subcontractor has obtained insurance acceptable to the City.

ARTICLE 8 — NOTICES
Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual for whom it 22 00500

is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the address listed below:

Notices required to be given to City: Notices required to be given to Contractor:

City Engineer
City of South Lake Tahoe ______________________________________ 1740 D Street
South Lake Tahoe, CA 96150-6251 ______________________________________ Notices required to be given to any surety(ies):

ARTICLE 9 — MISCELLANEOUS

9.1 Terms. Terms used in this Agreement will have the meanings indicated in the Contract Documents.

9.2 Assignment. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assign, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.4 Severability. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.5 South Lake Tahoe City Code. Contractor acknowledges that all pertinent provisions within the South Lake Tahoe City Code are incorporated by reference as though set forth in full herein, and, further, the failure of Contractor or any subcontractor, of any tier, to comply with any of its/their obligations under the Contract Documents, or the requirements of the South Lake Tahoe City Code, or any other applicable law, code, statute, or regulation, shall be deemed a material breach of the Agreement.

9.6 Third Party Beneficiary. Contractor expressly acknowledges the City's status as a third party beneficiary solely with respect to the performance to be rendered under each subcontract, of any tier, upon the Project, and, as a result, Contractor acknowledges that City possesses, inter alia, the rights enumerated within the South Lake Tahoe City Code as to the enforcement of obligations under subcontracts of any tier. 23 00500

9.7 Regulatory Requirements. Contractor acknowledges that the Project is subject to requirements and regulations issued on behalf of various governmental and/or regulatory bodies, including, without limitation, the Lahontan Regional Water Quality Control Board and the Tahoe Regional Planning Agency, among others. Contractor agrees to fully and promptly comply with any and all requirements and regulations issued on behalf of such entities.

9.8 Governing Law. This Agreement and the Contract Documents shall be deemed to have been entered into in the County of El Dorado, State of California, and governed by California law. By entering into this Agreement, the Contractor consents and submits to the jurisdiction of Courts of the State of California, County of El Dorado, over any action of law, suit in equity, and/or other proceeding that may arise out of the Contract Documents.

IN WITNESS HEREOF, the said City of South Lake Tahoe, State of California, has caused this Agreement to be executed by its Mayor in its behalf, and the said Contractor has signed this Agreement the day and year first above written.

CITY OF SOUTH LAKE TAHOE Contractor:

By By
Mayor Pro Tem Cody Bass
City of South Lake Tahoe,
State of California Title

Business License No.

END OF DOCUMENT 00500
ATTEST: APPROVED AS TO FORM:

By
Susan Blankenship
City Clerk
City of South Lake Tahoe

By
Heather Stroud
City Attorney
City of South Lake Tahoe

24 00100

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

NOTICE TO BIDDERS
DOCUMENT 00100 - NOTICE TO BIDDERS
ARTICLE 1 - GENERAL

1.01 NOTICES
A. NOTICE IS HEREBY GIVEN that sealed Bids will be accepted at the Public Works Office, City of South Lake Tahoe, 1740 D Street, South Lake Tahoe, California 96150-6251 until 1:00 p.m. on July 8, 2025 for the BIJOU CONNECTOR TRAIL PROJECT in
accordance with Bid Documents for the Work on file and available for viewing in the Department of Public Works Building at 1740 D Street, City of South Lake Tahoe, and available to view and download free of charge from the City of South Lake Tahoe’s Planet Bids website as described herein Section 2.09, “Availability of Bid Documents” in this Notice to Bidders.

1.02 THE WORK
A. The “Work” will consist of:

1. The Bidder shall furnish all labor, equipment and materials and perform all work necessary for the BIJOU CONNECTOR
TRAIL PROJECT in the City of South Lake Tahoe in strict conformance with the Contract Documents (as defined in the Agreement), including, without limitation, the specifications and construction drawings. Work to be performed includes, but is not limited to: demolition, traffic control, construction staking, construction of a Class 1 trail, ADA curb ramps, crosswalks, Rectangular Rapid Flashing Beacon (RRFB),
signing, striping and pavement marking, installation of HDPE pipe, Best Management Practices, compliance with regulatory permits, establishing vegetation on areas disturbed by
construction activity, and all other work as described in the Contract Documents, including, without limitation, project construction drawings, bid documents, Special Provisions, City of South Lake Tahoe Public Improvements and Engineering Standards, and the 2023 edition of the California Department of Transportation, Standard Specifications.
25 00100

1.03 ESTIMATED COST
A. The estimated cost for the Base Bid Schedule of this Work is in the range of: $800,000 to $1,000,000.

1.04 CONTRACT TIME AND MILESTONES
A. Final Completion (as defined in Section 9.9 of the Special Provisions) must be achieved on or before October 15th 2025. (“Contract Time”).

The Work must be completed in accordance with the Contract Documents subject to the following:

2. Milestone #1: Achieve Substantial Completion (as defined in Section 9.8 of the Special Provisions) of the Work (in
accordance with Section 9.8 of the Special Provisions) on or before October 15st 2025.

3. Milestone #2: Achieve Final Completion of the Work (in accordance with Section 9.9 of the Special Provisions) on or before October 30th 2025, within 15 calendar days after Substantial Completion of the Work has been achieved.

4. Excavation and grading activities may only be undertaken between May 1 and October 15; except that all Work shall be performed after the issuance of the Notice to Proceed, and Final Completion achieved within the Contract Time as set forth in these Bid Documents.

5. Work shall commence in accordance with the City’s issuance of a “Notice to Proceed” as set forth in the Contract Documents.

1.05 LIQUIDATED DAMAGES
A. Substantial Completion (Milestone # 1): Liquidated Damages will be assessed in the amount of $5,000 for each calendar day beyond October 15th and continuing until Bidder achieves Milestone #1, Work Substantial Completion as set forth in Document 00100, Article

1.04.A.1.

C. Final Completion (Milestone # 2): Liquidated Damages will be assessed in the amount of $1,000 for each calendar day beyond that portion of the Contract Time within which the Bidder is required to achieve Milestone #2, Final Completion as set forth in Document 00100, Article 1.04.A.3.

D. In the event that Bidder fails, concurrently, to achieve multiple Milestones within the allocated portions of Contract Time as set forth 26 00100

in the Contract Documents, the Liquidated Damages assessed by the City shall be cumulative. Therefore, the City may, concurrently, assess Liquidated Damages for the Bidder’s failure to achieve two or more Milestones on the same calendar day.

E. The City may withhold Liquidated Damages from payments to the Bidder as such damages accrue, or, at the City's sole discretion, withhold Liquidated Damages from any payments due or that become due pursuant to the Agreement, including retention and final payment (pursuant to California Government Code §53069.85).

1.06 BIDS MUST BE RECEIVED BY THE CITY AT THE FOLLOWING

ADDRESS PRIOR TO THE DATE/TIME DESIGNATED FOR BID
OPENING:

Department of Public Works
1740 D Street
South Lake Tahoe, California 96150-6251
Bids and sealed envelopes containing bids must bear the Project name and Project number(s).

1.07 BIDDER’S SECURITY
A. Each Bid must be accompanied by cash, a certified or cashier's check, or a bond in the sum of not less than ten percent (10%) of the total aggregate of the Bid price, including all additive Bid items, as required in the Instructions to Bidders.

1.08 BID OPENING
A. A representative on behalf of the Department of Public Works will open Bids at the City Services Center, City of South Lake Tahoe, 1740 D Street, South Lake Tahoe, California 96150-6251, at 1:00 p.m. on July 8, 2025.

1.09 ERRORS OR DISCREPANCIES IN THE BIDS
A. The City, in its sole discretion, reserves the right to reject any and all Bids, and to waive any errors or discrepancies in the Bids.

1.10 BID AWARD
A. If the Agreement is to be awarded, the City will award the Agreement to the lowest responsive, responsible bidder; provided, however, that the City, in its sole discretion, reserves the right to reject any and all bids. Subject to the full and complete satisfaction of the requirements set forth in the Bid Documents by the Bidder(s), said award shall be determined pursuant to an evaluation of the Total Base Bid Price submitted by each Bidder. For the Work, the Total Base Bid Price 27 00100

shall be determined by adding the amounts set forth in the Base Bid Schedule and the Daily Rate of Compensation for
Compensable Delay For Contractor And All
Subcontractors/Suppliers Multiplied By 60.

The Contract Sum for the Agreement, if awarded, between the City and Contractor shall be for the price indicated in the Total Base Bid.

The City reserves the right, in its sole discretion, to make any changes to the Work in accordance with the Bid Documents (and Contract Documents) at any time, including, without limitation, the deletion, addition or modification of any aspect(s) or scope(s) of the Work to be performed, whether before or after the Agreement is awarded, if at all.

1.11 STANDARD PLANS AND SPECIFICATIONS
A. The Work shall be done in accordance with the Contract Documents, which shall include, without limitation, the Standard Specifications of the State of California Department of Transportation, dated 2023, and the Standard Plans, dated 2023, of the State of California Department of Transportation, insofar as the same may apply, as amended and augmented by the Bid Documents, the City's Special Provisions, the Project plans and drawings, the South Lake Tahoe City Code, the City of South Lake Tahoe Public Improvement and Engineering Standards, and all other applicable laws, regulations and codes.

1.12 BID ESCROW
A. In accordance with the requirements of the Contract Documents, the three apparent low Bidders shall submit into a bid escrow, within three (3) business days after opening of bids, one (1) copy of all documentary information and data generated in preparation of the Bid Proposal for the Project (in the format as required pursuant to the Contract Documents).

1.13 BID RIGGING
A. The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.
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ARTICLE 2 - OTHER NOTICES

2.01 CONTRACTOR’S LICENSING REQUIREMENT
A. Pursuant to Document 00200, Article 3 “Compliance with Contractor’s License Law,” the Bidder must possess the following Contractor’s License(s) classifications to perform the Work: “Class A”.

B. Because federal funds are involved in this Project as indicated below, the Bidder must possess the required classification of Contractor’s License at the time of the Contract Award (per Public Contract Code §20103.5).

2.02 LABOR; PREVAILING WAGE REQUIREMENT
A. Pursuant to Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Section 1720, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.

Only vendors/contractors that are subject to the public works statutes would be required to register. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. Department of Industrial Relations, Contractor Registration information and web link: http://www.dir.ca.gov/PublicWorks/PublicWorks.html In compliance with Senate Bill 854 and the California Labor Code, all bidders shall include with their bid proof of registration from the Department of Industrial Relations that includes the contractor’s legal name, registration number, license type/number, registration date and expiration date, for every contractor and subcontractor, regardless of tier. Submittal of this information is due no later than four business days after bid opening.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their 29 00100

certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

B. Pursuant to the Contract Documents, all workers employed in the performance of the Work must be paid rates at least equal to the prevailing wage rates last adopted by the Director of the California Department of Industrial Relations for the County of El Dorado, and which are incorporated herein by reference. In accordance with California Labor Code § 1773.2, these wage rates, and any applicable the federal minimum wage rates for this Project as predetermined by the United States Secretary of Labor, are on file at the offices of the City (Department of Public Works) and shall be made available to any interested party upon request.

C. The applicable prevailing wage rates are also available on the State of California Department of Industrial Relations website at California Department of Industrial Relations Home Page http://www.dir.ca.gov/.

D. Bidder must comply with all applicable requirements of the California Labor Code, including, without limitation, all requirements set forth in Division 2, Part 7, Chapter 1. Attention of Bidder is also directed to the following sections of the California Labor Code: Prevailing Wage Requirements (§§ 1771.5 and 1776); Apprentices (§1777.5); Working Hours (§§ 1810 to 1815); Workers Compensation (§ 1860); and Protection of Workers in Trench Excavations (§§ 6705 and 6707).

E. The Project involves federal funds; Bidder is therefore also directed to the federal minimum wage rate requirements. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Bidder and its Subcontractor(s) shall pay not less than the higher applicable wage rate.

2.03 BONDS; INSURANCE; TAXES
A. Notwithstanding any other documents or data required by the Contract Documents or the City as a condition precedent to the City’s execution of the Agreement, the successful Bidder must timely deliver signed Contract bonds (including, without limitation, payment bond and performance bond) and all required insurance documents to the City for review and acceptance by the City, through the City Council, before the City will execute the Agreement and issue a Notice to Proceed.

B. No Agreement shall exist until all required Contract bonds and insurance documents have been accepted by the City.
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C. Bidder, and all listed subcontractors, shall pay all City required business and professional taxes and fees prior to the issuance of the Notice to Proceed.

2.04 NON-DISCRIMINATION
A. This Project is subject to contract nondiscrimination and compliance requirements (pursuant to California Government Code, Section 12990 and 49 CFR, Part 26 requirements). The City hereby notifies all Bidders that it will affirmatively ensure that in any Agreement entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit Bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of an award.

B. In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. (Not all prohibited bases apply to all programs).

To file a complaint of discrimination: write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (202) 720-5964 (voice and TDD). USDA is an equal opportunity employer.

C. Bidder must comply with Title VI requirements.

2.05 DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS.

In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Section 1777.1 or Section 1777.7 of the Labor Code. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the Agency]. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project.

2.06 DESIGNATION OF SUBCONTRACTORS.

Bidders must designate the name and location of each subcontractor who will perform work or render services for the Bidder in an amount that exceeds onehalf of one percent (1/2%) of the Bidder’s Total Bid Price, as well as the portion of work each subcontractor will perform on the form provided herein by the Agency. No additional time will be provided to bidders to submit any of the requested information in the Designation of Subcontractor form. 31 00100

Bidders must comply with provisions of 2009 California Public Contract Code – Section 4100-4114 (Chapter 4. Subletting and Subcontracting).

2.07 FEDERAL REQUIREMENTS.

The project is receiving Federal Community Development Block Grant Funds (CDBG) and the successful bidder shall be subject to and comply with the federal requirements applicable to this work. As applicable, federal approval of the contractor, subcontractors, and required documents will be obtained before the Agency awards the contract, and also be required to submit documents to the appropriate federal agency and /or division as work progresses. These submission requirements are subject to modifications. The Federal requirements provisions applicable hereto, include, but are not limited to the following:
x Federal Labor Standards Provisions x Davis Bacon Act – Prevailing Wages (See Appendix B of Exhibit A)
x Equal Employment Opportunity x Copeland Act (Anti-kick-back Requirements)
x Section 3 of the HUD Act of 1968 x Lead-Based Poisoning Prevention x Minority/Women Owned Business
Enterprises (MBE/WBE)
x Adherence to Air & Water Quality
Standards
x Non-Debarment
x Executive Order #14173

2.08 CONTRACTOR CERTIFICATIONS.

Bidding contractors must review and certify to the understanding of specified regulations and requirements (see forms “B-03 Bidder Certifications”).

2.09 GENERAL BLOCK GRANT CONDITIONS
See Appendix A for the General Block Grant Conditions. The Contractor shall meet these conditions.

2.10 PERFORMANCE OF THE WORK
A. No grading, excavation or other land disturbance will be performed pursuant to the Agreement between October 15 and May 1; all Work shall be performed after the issuance of the Notice to Proceed and Final Completion achieved within the Contract Time as set forth in these Bid Documents.

2.11 APPLICATION OF SOUTH LAKE TAHOE CITY CODE
A. In addition to any other applicable federal, state, and local rules, regulations and laws, this Project shall be subject to the South Lake Tahoe City Code. Bidders shall review and be familiar with the requirements of the South Lake Tahoe City Code prior to the submission of any Bid.
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2.12 PROGRESS SCHEDULE
A. Pursuant to the Contract Documents, a computerized CPM Progress Schedule is required pursuant to Part 2.01(A) of Document 01300 (“Construction Progress Documentation”) where the Contract Sum equals or exceeds Two Million Dollars ($2,000,000).

2.13 RETENTION FROM PAYMENTS DURING CONTRACT TIME
A. Pursuant to the Contract Documents, Bidder may substitute securities for any money withheld from progress payments in accordance with Document 00630, “Sample Escrow Agreement for Security Deposit In Lieu of Retention.”

2.14 AVAILABILITY OF BID DOCUMENTS
A. Bid Documents (as defined in the Contract Documents), but not including the California Department of Transportation Standard Specifications and Plans, are available for download to each prospective bidder at the City of South Lake Tahoe website, Purchasing Department webpage. Interested bidders must register as a vendor by logging on to the City of South Lake Tahoe, Planet Bids website:
http://www.planetbids.com/portal/portal.cfm?CompanyID=14997# These Bid Documents may be viewed and downloaded free of charge by visiting the above website. A hard copy of the Bid Documents will be available for viewing at the Department of Engineering at the City of South Lake Tahoe Public Works Office, 1740 D Street, Monday through Friday, between the hours of 9 AM to 4 PM.

2.15 NON-MANDATORY PRE-BID CONFERENCE
A. A Non-Mandatory Pre-Bid Conference will be held on June 17, 2025 at 10:00 AM at the Public Works Office located at 1740 D Street, South Lake Tahoe, CA. The Pre-Bid Conference will also be available to attend on Microsoft Teams. Link will be posted on Planet Bids.

Bidders should become thoroughly familiar with the terms and conditions of the Bid Documents and local conditions affecting the performance and costs of the Work before attending this conference.

B. Bidders must fully inspect the Project site in all particulars before submitting a Bid.

C. Attendance at the Pre-Bid Conference is Non-Mandatory. A Bidder who does not attend the mandatory pre-bid conference will be eligible to bid on this Project.
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2.17 PROJECT MANAGER/AUTHORIZED REPRESENTATIVE
A. The City’s Project Manager and Authorized Representative for this Project is: John Dickinson, telephone number (530) 542-6182; and email: [email protected].

2.18 SUBSTITUTIONS
A. Except as may otherwise be provided in the Contract Documents, Bidder may offer any material, process, article, or equipment that is substantially equal or better in every respect to that so indicated or specified in the Contract Documents; provided, however, that if the material, process, article, or equipment offered by Bidder is not, in the opinion of the City’s Authorized Representative, substantially equal or better in respect to that specified, then Bidder must furnish that material, process, article, or equipment specified or one that in the opinion of the City’s Authorized Representative is substantially equal or better in every respect.

B. Proposals for alternative material(s), process, article(s), or equipment requested during the bidding period must be submitted in writing, in accordance with the requirements of the Contract Documents and all applicable federal, state, and local rules, regulations and laws, including the most recent version of the Public Contract Code and the South Lake Tahoe City Code.

2.19 MBE/WBE GOAL
A. See Appendix C2 of Exhibit A. The Contract DBE Goal for this Project is: 8%

2.20 CALIFORNIA AIR QUALITY CONTROL BOARD (CARB)

EQUIPMENT EMISSIONS - CERTIFICATES OF REPORTED

COMPLIANCE (CRC)
A. Bidders shall include Certificates of Reported Compliance (CRC) for all InUse Off-Road Diesel-Fuel Fleet Vehicles from all contractors and subcontractors with their bid proposal. Failure to include CRC records with the bid proposal is/are causes for the Bid to be rejected as non-responsive.

END OF DOCUMENT 00100
34 00200

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

INSTRUCTIONS TO BIDDERS
DOCUMENT 00200 - INSTRUCTIONS TO BIDDERS
ARTICLE 1 - GENERAL

1.01 Bidder must examine these Instructions carefully and respond to all requirements and conditions.

1.02 Bidders must be aware of the requirements of all applicable codes and other legal references, whether or not identified in the Bid Documents (as defined in the Special Provisions), and including, without limitation, the most recent version of the applicable Building Codes, the South Lake Tahoe City Code and the City of South Lake Tahoe Public Improvement and Engineering Standards.

ARTICLE 2 - COMPETENCE OF BIDDERS

2.01 Bidders must meet all qualifications and requirements as contained in the Bid Documents.

2.02 Any Bidder may be required to furnish evidence satisfactory to the City that the Bidder and its proposed subcontractors have sufficient means and experience in the type of Work required to assure satisfactory completion of all the requirements of the Contract Documents.

ARTICLE 3 - COMPLIANCE WITH CONTRACTOR’S LICENSE LAWS

3.01 Bidder’s attention is directed to the provisions of Chapter 9 of Division 3 of the California Business and Professions Code, and section 3300 of the California Public Contract Code. As federal funds are involved in this Project, the Bidder must possess the required classification of Contractor’s License at the time of the Contract Award (Public Contract Code §20103.5).

3.02 If a Bidder does not possess the required Contractor’s License at the time of Contract Award, in accordance with Public Contract Code §20103.5, the Bid will be considered non-responsive and will be rejected by the City. The City may require forfeiture of the Bidder’s Security.

3.03 Joint venture Bidders must possess a joint venture license. Each party to a joint venture must be properly licensed for the Work of this Project.

ARTICLE 4 - PRIOR DISQUALIFICATION

4.01 A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed or otherwise prevented from bidding on, or completing a federal, state or local project because of a violation of a law or a safety regulation. 35 00200

4.02 The City will review the circumstances and information presented in the Bid Documents and related disclosures and certifications. The City, in its sole discretion, will determine if acceptance of any Bid is in the City’s best interest.

ARTICLE 5 - EXAMINATION OF BID DOCUMENTS AND PROJECT SITE

5.01 The Bidder must carefully examine the site of the Work and Bid Documents.

5.02 The submission of a Bid will be conclusive evidence that the Bidder has investigated and is fully aware of the conditions and difficulties that may be encountered including the availability of labor and materials to be provided, of the character, quality and quantities of Work to be performed, and of the requirements of all Bid Documents.

5.03 Where investigation of subsurface conditions has been made by the City with respect to foundation or other design aspects, Bidders may inspect the City’s records of such investigation, including examination of samples and drill cores, if any.

5.04 When logs of test borings indicating a record of the data obtained by the City’s investigation of subsurface conditions are made available, said logs represent only the investigator’s opinion as to the character of material encountered in test borings and are made available only for the convenience of bidders.

5.05 Investigation of subsurface conditions is made for the purpose of design, and the City assumes no responsibility, whatsoever, with respect to the sufficiency of test borings, accuracy of the log of test borings, of other preliminary investigations, or in the interpretation thereof. There is no warranty or guarantee, express or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unforeseen conditions may not be encountered.

5.06 No information derived from such inspection of records of preliminary investigations made by the City, or from the maps, drawings, plans, or Contract Documents relieve Bidder from any risk or from properly fulfilling all the terms of the Contract. Records of such preliminary investigations as may have been made by the City may be inspected by contacting the City’s Authorized Representative as identified in the Notice to Bidders.

5.07 Making information available to Bidders is not to be construed in any way as a waiver of the aforesaid provisions, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered. Should Bidder wish to perform any inspection or investigation of the Project site so as to satisfy itself as to the condition(s) that may be encountered, Bidders shall submit a written request to the City, at least two weeks prior to the date specified for the submission of bids, identifying any reasonable inspection or investigation that Bidder wishes to perform. Thereafter, and within the sole discretion of the City, Bidder may be allowed to perform the requested inspections or investigations at the Project site subject to the express satisfaction of any conditions required by the City, including, without limitation, the procurement by Bidder of acceptable insurance coverage(s) and the performance of the requested inspections or investigations at times and locations as specified by the City. 36 00200

5.08 Failure by Bidder to educate itself with available information will not relieve Bidder from responsibility for estimating properly the difficulty or cost of successfully performing the Work.

5.09 Bidders are required to inform themselves fully of the conditions relating to the construction and labor under which the Work will be or is now performed, and, so far as possible, the successful Bidder must employ such means and methods in carrying out its Work as will not cause any interruption or interference with any other contractor and/or work undertaken directly by City forces.

ARTICLE 6 - DISCREPANCIES, CONFLICTS, OMISSIONS, OR ERRORS

6.01 If any person contemplating submitting a Bid is in doubt as to the intended meaning of any part of the Bid Documents, or finds discrepancies in, or omissions in the Bid Documents, that person must submit a written request for an interpretation or correction thereof at least five (5) calendar days before the deadline for the submission of Bids.

6.02 Inquiries must be addressed to the City’s Authorized Representative identified in the Notice to Bidders, and must be submitted to the City through the City’s Planet Bid website.

6.03 Any request received fewer than five (5) calendar days before the said deadline may not be answered. The person submitting the request will be responsible for its prompt delivery.

6.04 Any interpretation or correction of the Bid Documents will be made only by written Addenda, and will be made available by the City to each person included on the City’s plan holders list for the Project. The date and time of the bid opening shall be extended by no less than 72 hours if the City issues any material changes, additions, or deletions to Bid Documents less than 72 hours prior to the closing of the time within which bids are to be received.

6.05 The City shall not be responsible for any explanation or interpretation of the Bid Documents not communicated to Bidders in written Addenda. If no written Addenda are issued relating to supposed discrepancy, conflict, omissions or errors in figuring the Work, the supposed discrepancies, conflicts, or omissions are governed by appropriate provision(s) applicable to such aspects of the Work as set forth in the Contract Documents.

ARTICLE 7 – BIDDER’S SECURITY

7.01 Each Bid must be accompanied by cash, a certified or cashier’s check, or an original Bidder’s Bond in an amount not less than ten percent (10%) of the total aggregate of the Bid, including all additive Bid items, if any, to be used in determining the low bid for the Project.

7.02 A Bid will be considered non-responsive if not accompanied by proper Bidder’s Security.

7.03 The original Bid Bond must be provided by an admitted surety, authorized to issue surety bonds in the State of California, and the surety must properly execute the Bid Bond.

7.04 Bonds and checks must be made payable to “The City of South Lake Tahoe.”

7.05 All bonds must be provided on the forms included with the Bid Documents or the 37 00200

Bid may be considered non-responsive.

ARTICLE 8 - BID FORMS

8.01 Prospective Bidders are furnished with a Bid Proposal form at Document 00400.

The Bid Proposal form may contain a schedule of items requesting lump sum prices. It may also state estimated quantities of various kinds of Work to be performed, or materials to be provided, with a schedule of items for which unit prices are required.

8.02 The unit prices or lump sum pricing must include full compensation for providing all labor, materials, services, tools, equipment and whatever else is required to perform all Work in accordance with the requirements of the Bid Documents.

8.03 All Bids must be submitted on the forms furnished by the City, and Bidder is solely responsible to diligently follow all directions required by the City with respect to the completion and submission of the Bid Proposal form as set forth in the Bid Documents, including these Instructions and the Bid Proposal form. A Bid Proposal not submitted on the form furnished by the City, or that does not comply with the City’s directions with respect to the completion and submission of the Bid Proposal form, may be considered non-responsive by the City in its sole discretion. The City reserves all rights to reject any or all Bids, and to waive any minor irregularity in the completion of the Bid Proposal form, within its sole discretion.

8.04 Completing the Bid Proposal form:

A. The Bidder’s name must be the same as listed on Bidder’s California State Contractor’s license.

B. Bid Price(s) must be in the manner required by the Bid Proposal form.

C. Bid Proposal form must be signed by the Bidder or duly authorized representative:

1. If the Bidder is an individual, name must be stated.

2. If the Bidder is a partnership, name of the partnership must be stated and one or more partners must sign the Bid Proposal form.

3. If the Bidder is a limited liability company, the name of the company must be stated, and the title of the person with authority to sign and bind the company must be stated.

4. If the Bidder is a corporation, the name of the corporation must be stated, the state of incorporation must be listed, the title of the person with authority to sign and bind the corporation must be stated, and the corporate seal must be affixed.

5. The Bidder’s business and mailing address must be stated.

D. Comply with all instruction as required in the Bid Documents and as set 38 00200

forth on the Bid Proposal form.

8.05 Required Listing of Proposed Subcontractors:

A. Failure of a Bidder to list the names and locations of all Subcontractors performing more than one-half of one percent of the value of the Work as required under the Public Contract Code, or to provide the description of the subcontracted Work performed by any listed Subcontractor, and/or to provide all information required pursuant to Document 00420 (“Designation of Subcontractors”) as part of the Bid is/are causes for the Bid to be rejected as non-responsive.

B. The attention of Bidder is directed to the provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code §4100, related to penalties for use of unauthorized Subcontractors or by making unauthorized substitutions.

8.06 Self-Performance Requirements:

A. Pursuant to Section 5-1.13 (“Subcontracting”) of the Standard Specifications, as amended pursuant to Section 5.3 of the Special Provisions, the Bidder is required to certify that it shall perform with the Bidder’s own organization contract Work in an amount not less than 30% of the original price of the Work.

B. The Bidder must complete Document 00425 (“Self-Performance Declaration”) and submit the same with the Bid or, alternatively, by facsimile, at (530) 541-3051, to the City within 24 hours after the time of bid opening.

Failure of a Bidder to provide the Self-Performance Declaration within the time specified may result in a non-responsive bid.

8.07 Submission of DBE Commitment Submittal and DBE Good Faith Efforts Submittal Forms:

A. Pursuant to Section 2-1.12B(2) (“DBE Commitment Submittal”) of the Standard Specifications, as amended pursuant to Section 2.1 of the Special Provisions, the Bidder must submit to the City the required DBE information on the “Construction Contract DBE Commitment,” Exhibit 15-G, form included in the Bid Documents (Document 00471) with the Bid, or alternatively, it must be received by the City within four (4) working days after the bid opening. The form may be delivered to the City personally or by facsimile at (530) 541-3051.

Failure of a Bidder to provide the DBE Construction Contract Commitment form within the time specified may result in a non-responsive bid.

B. Pursuant to Section 2-1.12B(3) (“DBE Good Faith Effort Submittal”) of the Standard Specifications, as amended pursuant to Section 2.1 of the Special Provisions, if Bidder has not met the DBE goal, Bidder shall complete and submit to the City the “DBE Information - Good Faith Efforts,” Exhibit 15-H, form included with the Bid Documents (Document 00475) demonstrating that Bidder made adequate good faith efforts to meet the goal. The DBE Information - Good 39 00200

Faith Efforts shall be submitted with the Bid, or alternatively, it must be received by the City within five (5) working days after the bid opening. The form may be delivered to the City personally or by email. Failure of a Bidder to provide the DBE Information - Good Faith Efforts form within the time specified may result in a non-responsive bid.

ARTICLE 9 - CONTRACTING PRINCIPLES

9.01 The successful Bidder must, during the Contract Time:

A. Comply with all applicable federal, state, and local rules, regulations, codes, and laws, including, without limitation, the most recent version of the South Lake Tahoe City Code and the City of South Lake Tahoe Public Improvement and Engineering Standards.

B. Maintain financial records adequate to show that the City’s funds paid pursuant to the Contract were used for purposes consistent with the terms of the Agreement.

ARTICLE 10 - SUBMISSION OF BID FORMS

10.01 Bid Proposal forms must be completed in ink, completely filled out, and submitted on the Bid Proposal forms furnished as part of the Bid Documents. Bid Proposal forms delivered by facsimile (unless expressly authorized pursuant to the Bid Documents) or email, or modifications to a Bid Proposal form delivered by facsimile, will not be considered by the City, and will be cause for the City to reject the Bid as non-responsive.

10.02 It is the sole responsibility of the Bidder to ensure that its Bid is received at the proper time and at the proper location. Bids received after the time fixed for receiving them will not be considered.

10.03 Late Bids will be returned by the City to the Bidder unopened.

10.04 Each Bid must be addressed to the Department of Public Works, City of South Lake Tahoe, and must be delivered to and received by the City Public Works Office at 1740 D Street, South Lake Tahoe, CA 96150-6251 no later than the date and time set for the opening of Bids in the published Notice to Bidders.

10.05 Each Bid must be enclosed in a sealed envelope bearing the title of the Project, Project number, the name of the Bidder and the date and time of the opening. Failure to do so may result in a premature opening of, or failure to open, such bid. Bids improperly marked may be disregarded.

ARTICLE 11 - WITHDRAWAL OF BID FORMS

11.01 Any Bid may be withdrawn at any time before the time fixed in the Notice to Bidders for the opening of Bids only by written request of the Bidder or a duly authorized representative.
40 00200

11.02 Withdrawal of a Bid does not prejudice the right of the Bidder to file a new Bid at any time prior to the time fixed for receiving Bids in the Notice to Bidders.

11.03 Whether or not Bids are opened exactly at the time stated in the Notice to Bidders, a Bid will not be accepted after the time stated.

11.04 After the opening of Bids, Bids may only be withdrawn in accordance with the provisions of Public Contract Code Section 5100 through 5107, and the Bidders’ attention is directed to those provisions.

ARTICLE 12 - PUBLIC OPENING OF BIDS

12.01 Bids will be opened and read publicly at the time and place indicated in the Notice to Bidders. Bidders or their authorized agents are invited to be present.

ARTICLE 13 - REJECTION OF IRREGULAR BIDS

13.01 The City reserves the right to reject any and all Bids, in its sole discretion.

13.02 The City may, in its sole discretion, reject any Bid, including, without limitation, if there appears to be any alteration of the Bid Proposal forms, any addition or condition not called for, or any incompleteness, erasure or irregularity of any kind.

13.03 Bids not completed in ink will be rejected.

13.04 If the Bid amount or other material information is changed or revised, the change must be initialed.

ARTICLE 14 - COMPETITIVE BIDDING

14.01 More than one Bid from an individual, firm, partnership, corporation, or combination thereof, as a principal, under the same or different names will not be considered. Reasonable basis for believing that any individual, firm, partnership, corporation, or combination thereof is a principal in more than one Bid for the Work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation, or combination thereof is a principal.

14.02 If there is a reason for believing that collusion exists among the Bidders, any or all Bids may be rejected.

14.03 A person, firm, or corporation submitting a sub-bid to a Bidder, or who quoted prices on materials to a Bidder, is not thereby disqualified from submitting a sub-bid or quoting prices to other Bidders or from being a principal Bidder for the same Work.

14.04 Bids in which unit prices or line items are obviously unbalanced may be rejected.

14.05 Bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect an award of the Agreement is in violation of the competitive bidding requirements of the Public Contract Code, and may render void any Agreement let under such circumstances.
41 00200

ARTICLE 15 - ESTIMATED QUANTITIES

15.01 The quantities stated in a schedule of items for which unit prices are asked to be bid are approximate only.

15.02 The quantities are given as a basis for the comparison of Bids.

15.03 The City does not, expressly or by implication, represent that the actual amount of Work will correspond with quantities given and reserves the right to increase or decrease the quantities of Work for any Bid item, or to omit portions of the Work, as the City may deem necessary or advisable.

ARTICLE 16 - SUBSTITUTION OF ALTERNATIVE MATERIALS,

ARTICLES, OR EQUIPMENT

16.01 Bids must be based upon use of items named in the Bid Documents, if applicable.

16.02 In certain cases, specific items have been named (named products) because of operational or maintenance considerations; approval of proposed equals should not be assumed by a Bidder under any circumstances.

16.03 Pursuant to Public Contract Code §3400, alternative material(s), article(s), or equipment that are of equal quality and of required characteristics for the purpose intended may be proposed provided the Bidder complies with the following requirements:

A. The proposal will not be considered unless the submittal is made within 35 calendar days after the award of the Agreement, and is accompanied by complete information and descriptive data necessary to determine equality of offered material(s), article(s) or equipment.

B. Samples must be submitted when requested by the City.

C. Burden of proof as to comparative quality, suitability, and performance of offered material(s), article(s), or equipment is the sole responsibility of the Bidder submitting the proposal.

D. Requests for approval must comply with the requirements of all applicable federal, state, and local rules, regulations and laws, including the most recent version of the South Lake Tahoe City Code and the City of South Lake Tahoe Public Improvement and Engineering Standards.

16.04 The City’s Authorized Representative, as identified in the Contract Documents, is the sole judge as to such matters involving the proposed substitution of any material, article or equipment. In the event the City’s authorized representative rejects the use of such alternative(s) submitted, then the Bidder must furnish one of the particular named products originally specified in the Bid Documents.
42 00200

ARTICLE 17 - RETURN OF BIDDER’S SECURITY

17.01 Subject to California law and the requirements of the Bid Documents, if the City does not accept the Bid within the period of days after the Bid opening stated in Document 00400 (“Bid Proposal”), the City will return Bidder’s Security.

ARTICLE 18 - RELIEF OF BIDDERS

18.01 Attention is directed to the provisions of California Public Contract Code sections 5100 through 5107 that set forth the criteria and procedures for relief of Bidders, and for authorizing an award of the Agreement to another Bidder.

ARTICLE 19 -AWARD OF CONTRACT

19.01 The Agreement, if awarded, will be to that responsible Bidder submitting the lowest responsive Bid.

19.02 No Bidder may withdraw its Bid for the period of days stated in Document 00400 (“Bid Proposal”) after the date set for the opening thereof, and the Bid will be subject to acceptance by the City throughout such time period.

19.03 The time period within which award of Contract may be made is subject to an extension of such further period as may be agreed upon in writing between the City and the Bidder.

19.04 No contract is formed until all required bonds and insurance documents have been accepted by the City, and the Agreement is signed by the City.

19.05 The City reserves the right, in its sole discretion, to make any changes to the Work in accordance with the Bid Documents (and Contract Documents) at any time, including, without limitation, the deletion, addition or modification of any aspect(s) or scope(s) of the Work to be performed, whether before or after the Agreement is awarded, if at all.

ARTICLE 20 – REQUIRED CONTRACT BONDS

20.01 The successful Bidder must pay all bond premiums, costs thereof, and incidental thereto.

20.02 Each bond must be signed by both Bidder and the applicable surety(ies).

20.03 As a condition to the City signing the Agreement, the successful Bidder must file with the City on the approved forms, the two surety bonds in the amounts and for the purposes noted below, duly executed by a surety company meeting the requirements of California law (including, without limitation, Civil Code Sections 9550, et seq., and Code of Civil Procedure Section 995.311) and the Contract Documents.

20.04 The “payment bond for public works” must be in an amount of one hundred percent (100%) of the Contract Sum as determined from the prices in the Bid Proposal form, including the Base Bid and all additive and/or deductive Bid items accepted by the City and identified in the award, and shall inure to the benefit of persons performing labor 43 00200

or furnishing materials in connection with the Work. This bond must be maintained in full force and effect until all Work is completed and accepted by the City, and until all claims for materials and labor have been paid.

20.05 The “performance bond” must be in an amount of one hundred percent (100%) of the Contract Sum as determined from the prices in the Bid Proposal form, including the Base Bid and all additive and/or deductive Bid items accepted by the City and identified in the Agreement, and must be so conditioned as to ensure the faithful performance by Bidder of all Work. It shall also include the replacing, or making acceptable, of any defective materials or faulty workmanship during the applicable defect, warranty and/or guarantee period(s).

20.06 If any surety or sureties are deemed unsatisfactory at any time by the City, the City will notify Contractor, and Contractor must forthwith substitute a new surety or sureties satisfactory to the City. No further payment will be deemed due or made until the replacement surety or sureties qualify and are accepted by The City.

20.07 All changes to the Contract Price, Contract Time, or Contract Documents may be made without securing the consent of the surety or sureties on the bonds.

20.08 Any surety must be a California admitted surety.

ARTICLE 21 - INSURANCE

21.01 Bidder will be required to furnish to the City concurrently with Bidder’s execution of the Agreement, insurance documents evidencing coverage as required by the Contract Documents.

ARTICLE 22 - EXECUTION OF CONTRACT AGREEMENT

22.01 The form of Agreement which the successful Bidder, as Contractor, must execute, and the form of Contract bonds and insurance coverage that it must provide are included in the Bid Documents and must be carefully examined by each Bidder. All Contract bonds, policies or certificates of insurance, and insurance policy endorsements must be delivered with or before the delivery of the signed Agreement form, and must be acceptable to the City.

22.02 The Bidder to whom the Agreement is awarded by the City must, within ten (10) calendar days after the Notice of Award, sign and deliver the following documents to the City:

A. One (1) original and one (1) copy of the signed Agreement form furnished by the City in the Bid Documents (Document 00500 (“Agreement”)).

B. One (1) original and two (2) copies of the Performance Bond (Document 00620 (“Performance Bond Form”)).

C. One (1) original and two (2) copies of the Payment Bond for Public Works (Document 00610 (“Payment Bond Form”)).
44 00200

D. Policies of insurance, insurance certificates and endorsements as required by the Bid Documents.

22.03 Should Bidder begin Work in advance of the start date for the Work, as stated in the Notice to Proceed, the Work will be considered as having been done at Bidder’s risk as a volunteer.

ARTICLE 23 - FAILURE TO EXECUTE AGREEMENT

23.01 Failure of the successful Bidder to execute the Agreement in the form satisfactory to the City is just cause for the annulment of the award and the forfeiture of the Bidder’s Security.

23.02 Failure of the successful Bidder to sign and return the Agreement within ten (10) calendar days after notification of award by the City constitutes failure to execute the Agreement.

23.03 Failure to return required Contract bonds and insurance documents within ten (10) calendar days after notification of award by the City constitutes failure to execute the Agreement.

23.04 If the Bidder to whom the Contract is awarded does not file the documents required by the Bid Documents, files unsatisfactory documents, or refuses to enter into the Agreement within the specified time, the Bidder is liable for any difference by which the cost of procuring the Work exceeds the amount of its Bid. The Bidder’s Security will be used to offset, or partially offset, such difference.

ARTICLE 24 - NO ORAL AGREEMENTS

24.01 No conversation with any officer, employee, agent or consultant of the City, either before, during, or after the execution of the Agreement, affects or modifies any terms or obligations contained in the Contract Documents, nor entitles Bidder to any adjustment in the Contract Price or Contract Time whatsoever.

ARTICLE 25 - SHEETING, SHORING, AND BRACING

25.01 In accordance with the provisions of Section 6707 of the California Labor Code, if applicable to the Project, each bidder shall list, in the bid item indicated, the amount included in its bid for trench and excavation, adequate sheeting, shoring and bracing, or equivalent method for the protection of life and limb, work which shall conform to applicable State of California Construction Safety Orders. By listing this sum in the Bid, the Bidder warrants that its action does not convey tort liability to the City, the City’s officials, employees, agents, or representatives.

ARTICLE 26 -BID PROTESTS

26.01 Any bid protest must be in writing and received by the City Clerk, City of South Lake Tahoe no later than seven (7) calendar days following the City’s selection of the winning bidder or no later than 10 calendar days from the date the City issues notice of 45 00200

designation of a bidder as nonresponsive (the “Bid Protest Deadline”).

26.02 Any bid protest must comply with the following requirements:

A. Only a Bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another Bidder. Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another Bidder, but must timely pursue its own protest.

B. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Materials submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address and telephone number of the person representing the protesting bidder.

C. A copy of the protest and all supporting documents must also be transmitted by fax or by e-mail, by or before the Bid Protest Deadline, to the protested bidder and any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. Evidence that the protesting bidder has complied with this requirement shall be provided at the time the bid protest is submitted to the City.

D. If requested by the City, the protested bidder may submit a written response to the protest, provided the response is received by the City before 4:00 p.m., within three (3) working days after the Bid Protest Deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation, and any materials submitted after the Response Deadline will not be considered. The response must include the name, address and telephone number of the person representing the protested bidder. Notwithstanding anything to the contrary in this Article, the Bid Documents or the Contract Documents, the City reserves all rights to take any action or make any decision or determination (including, without limitation, allowing or denying a bid protest, rejecting all bids or awarding a contract), at any time, regardless as to whether the City has requested the protested bidder to submit a response to a bid protest, or whether any such response on behalf of the protested bidder has been timely submitted.

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

END OF DOCUMENT 00200
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00466

84 00466

END OF DOCUMENT 00466
85 00471

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

CONSTRUCTION CONTRACT MBE/WBE COMMITMENT
DOCUMENT 00471 – CONSTRUCTION CONTRACTMBE/WBE

COMMITMENT
END OF DOCUMENT 00471
86 CSLB# 978705 ENGINEERING A, G.C B, C10, C36, C46, ASB HAZ. DIR #1000060117 1930 Del Paso Road Suite 121 B Sacramento CA 95834 FAX 1866 828 7898 [email protected] Date: 07/31/2025
Statement of LBE, WBE, Section 3 Project “The Bijou Park Connector Trail 25-30150037”
TDBI is committed to complying with Section 3 requirements. A portion of our workforce resides in Section 3-designated areas, with over 25% of total labor hours on previous projects performed by these employees (details attached).

Upon project award, TDBI will prioritize hiring local labor to fulfill Local Business Enterprise (LBE) and Women Business Enterprise (WBE) participation goals, aiming to meet or exceed the 20% target.

Let me know if you have any questions.

Sincerely,
Nyla Mansha
Senior Engineer
The Design Build Inc.
87 Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 01/31/2026 )
Previous editions are obsolete ref 24 CFR 200 Subpart H Form HUD-2530 (10/2016)

US Department of Housing and Urban Development US Department of Agriculture Office of Housing/Federal Housing Commissioner Farmers Home Administration Part I to be completed by Controlling Participant(s) of Covered Projects (See instructions)
Reason for submission:

For HUD HQ/FmHA use only

1. Agency name and City where the application is filed 2. Project Name, Project Number, City and Zip Code

3. Loan or Contract amount $ 4. Number of Units or Beds 5. Section of Act 6. Type of Project (check one) Existing Rehabilitation Proposed (New)

7. List all proposed Controlling Participants and attach complete organization chart for all organizations showing ownership % Name and address ( Last, First, Middle Initial) of controlling participant(s) proposing to participate 8 Role of Each Principal in Project 9. SSN or IRS Employer Number (TIN)

1. Schedule A contains a listing, for the last ten years, of every project assisted or insured by HUD, USDA FmHA and/or State and local government housing finance agencies in which the controlling participant(s) have participated or are now participating.

2. For the period beginning 10 years prior to the date of this certification, and except as shown on the certification:
a. No mortgage on a project listed has ever been in default, assigned to the Government or foreclosed, nor has it received mortgage relief from the mortgagee; b. The controlling participants have no defaults or noncompliance under any Conventional Contract or Turnkey Contract of Sale in connection with a public housing project; c. There are no known unresolved findings as a result of HUD audits, management reviews or other Governmental investigations concerning the controlling participants or their projects; d. There has not been a suspension or termination of payments under any HUD assistance contract due to the controlling participant’s fault or negligence; e. The controlling participants have not been convicted of a felony and are not presently the subject of a complaint or indictment charging a felony. (A felony is defined as any offense punishable by imprisonment for a term exceeding one year, but does not include any offense classified as a misdemeanor under the laws of a State and punishable by imprisonment of two years or less); f. The controlling participants have not been suspended, debarred or otherwise restricted by any Department or Agency of the Federal Government or of a State Government from doing business with such Department or Agency;
g. The controlling participants have not defaulted on an obligation covered by a surety or performance bond and have not been the subject of a claim under an employee fidelity bond;

3. All the names of the controlling participants who propose to participate in this project are listed above.

4. None of the controlling participants is a HUD/FmHA employee or a member of a HUD/FmHA employee's immediate household as defined in Standards of Ethical Conduct for Employees of the Executive Branch in 5 C.F.R. Part 2635 (57 FR 35006) and HUD's Standard of Conduct in 24 C.F.R. Part 0 and USDA's Standard of Conduct in 7 C.F.R. Part 0 Subpart B.

5. None of the controlling participants is a participant in an assisted or insured project as of this date on which construction has stopped for a period in excess of 20 days or which has been substantially completed for more than 90 days and documents for closing, including final cost certification, have not been filed with HUD or FmHA.

6.None of the controlling participants have been found by HUD or FmHA to be in noncompliance with any applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (If any controlling participants have been found to be in noncompliance with any requirements, attach a signed statement explaining the relevant facts, circumstances, and resolution, if any).

7. None of the controlling participants is a Member of Congress or a Resident Commissioner nor otherwise prohibited or limited by law from contracting with the Government of the United States of America.

8.Statements above (if any) to which the controlling participant(s) cannot certify have been deleted by striking through the words with a pen, and the controlling participant(s) have initialed each deletion (if any) and have attached a true and accurate signed statement (if applicable) to explain the facts and circumstances.

I/We, the undersigned, certify under penalty of perjury that the information provided above is true and correct. WARNING: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal and/or civil penalties, including confinement for up to 5 years, fines, and civil and administrative penalties. (18 U.S.C. §§ 287, 1001, 1010, 1012, 1014; 31 U.S.C. §3729, 3802).

Name of Controlling Participant Signature of Controlling Participant
Certification Date
(mm/dd/yyyy)
Area Code and Tel. No.

This form prepared by (print name) Area Code and Tel. No. 88 Previous Participation Certification OMB Approval No. 2502-0118 (Exp. 01/31/2026 )
Previous editions are obsolete ref 24 CFR 200 Subpart H Form HUD-2530 (10/2016)

Schedule A: List of Previous Projects and Section 8 Contracts. Below is a complete list of the controlling participants’ previous participation projects and participation history in covered projects as per 24 CFR, part 200 §200.214 and multifamily Housing programs of FmHA, State and local Housing Finance Agencies, if applicable. Note: Read and follow the instruction sheet carefully. Make full disclosure. Add extra sheets if you need more space. Double check for accuracy. If no previous projects, write by your name, “No previous participation, First Experience”.

1. Controlling Participants’ Name (Last, First) 2. List of previous projects (Project name, project ID and, Govt. agency involved)

3.List Participants’ Role(s)
(indicate dates participated, and if
fee or identity of interest
participant)

4. Status of loan
(current, defaulted,
assigned, foreclosed)

5.Was the Project ever
in default during your
participation
Yes No If yes, explain

6. Last MOR rating and
Physical Insp. Score and
date
Part II- For HUD Internal Processing Only
Received and checked by me for accuracy and completeness; recommend approval or refer to Headquarters after checking appropriate box.

Date (mm/dd/yyyy) Tel No. and area code
A. No adverse information; form HUD-2530 approval C. Disclosure or Certification problem recommended.

B. Name match in system D. Other (attach memorandum)
Staff Processing and Control
Signature of authorized reviewer Signature of authorized reviewer Approved Yes No
Date (mm/dd/yyyy)
89

Instructions for Completing the Previous Participation Certificate, form HUD-2530 Carefully read these instructions and the applicable regulations. A copy of the regulations published at 24 C.F.R. part 200, subpart H, § 200.210-200.222 can be obtained on-line at www.gpo.gov and from the Account Executive at any HUD Office. Type or print neatly in ink when filling out this form. Incomplete form will be returned to the applicant.

Attach extra sheets as you need them. Be sure to indicate "Continued on Attachments" wherever appropriate. Sign each additional page that you attach if it refers to you or your record. Carefully read the certification before you sign it. Any questions regarding the form or how to complete it can be answered by your HUD Account Executive.

Purpose: This form provides HUD/USDA FmHA with a certified report of all previous participation in relevant HUD/USDA programs by those parties submitting the application. The information requested in this form is used by HUD/USDA to determine if you meet the standards established to ensure that all controlling participants in HUD/USDA projects will honor their legal, financial and contractual obligations and are of acceptable risks from the underwriting standpoint of an insurer, lender or governmental agency. HUD requires that you certify and submit your record of previous participation, in relevant projects, by completing and signing this form, before your participation can be approved.

HUD approval of your certification is a necessary precondition for your participation in the project and in the capacity that you propose. If you do not file this certification, do not furnish the information requested accurately, or do not meet established standards, HUD will not approve your certification.

Note that approval of your certification does not obligate HUD to approve your project application, and it does not satisfy all other HUD program requirements relative to your qualifications.

Who Must Sign and File Form HUD-2530: Form HUD-2530 must be completed and signed by all Controlling Participants of Covered Projects, as such terms are defined in 24 CFR part 200 §200.212, and as further clarified by the Processing Guide (HUD notice H 2016-15) referenced in 24 CFR §200.210(b) and available on the HUD website at:
http://portal.hud.gov/hudportal/HUD?src=/program offices/housing/mfh/prevparticipation.

Where and When Form HUD-2530 Must Be Filed: The original of this form must be submitted to the HUD Office where your project application will be processed at the same time you file your initial project application. This form must be filed with applications for projects listed in 24 CFR §200.214 and for the Triggering Events listed at 24 CFR §200.218. 90

Review of Adverse Determination: If approval of your participation in a HUD project is denied, withheld, or conditionally granted on the basis of your record of previous participation, you will be notified by the HUD Office. You may request reconsideration in accordance with 24 CFR §200.222 and further clarified by the Processing Guide. Request must be made in writing within 30 days from your receipt of the notice of determination.

The Department of Housing and Urban Development (HUD) is authorized to collect this information by law 42 U.S.C. 3535(d) and by regulation at 24 CFR 200.210. This information is needed so that principals applying to participate in multifamily programs can become HUD-approved controlling participants. The information you provide will enable HUD to evaluate your record with respect to established standards of performance, responsibility and eligibility. Without prior approval, a controlling participant may not participate in a proposed or existing multifamily or healthcare project. HUD uses this information to evaluate whether or not controlling participants pose an unsatisfactory underwriting risk. The information is used to evaluate the potential controlling participants and approve only individuals and organizations that will honor their legal, financial and contractual obligations.

Privacy Act Statement: The Housing and Community Development Act of 1987, 42 U.S.C. 3543 requires persons applying for a Federally-insured or guaranteed loan to furnish his/her Social Security Number (SSN). HUD must have your SSN for identification of your records. HUD may use your SSN for automated processing of yourrecords and to make requests for information about you and your previous records with other public agencies and private sector sources. HUD may disclose certain information to Federal, State and local agencies when relevant to civil, criminal, or regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as required and permitted by law. You must provide all of the information requested in this application, including your SSN. Failure to provide any of the information will result in your disapproval of participation in this HUD program. APPS SORN could be accessed in Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices ([Docket No. FR–5921–N–10] Implementation of the Privacy Act of 1974, as Amended; Amended System of Records Notice, Active Partners Performance System).

PRA Statement: The public reporting burden is estimated at 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions to reduce this burden, to the Reports Management Officer, Paperwork Reduction Project, to the Office of Information Technology, US.

Department of Housing and Urban Development, Washington, DC 20410-3600. When providing comments, please refer to OMB Approval No. 2502-0118. HUD may not conduct and sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
91

The collection is authorized by 12 U.S.C 1702-1715z; 42 U.S.C. 3535(d). HUD form 2530 is created to collect information as mandated by 24 CFR Part 200. The HUD-2530 form is used to protect HUD’s Multifamily Housing and Healthcare programs by comprehensively assessing industry participants’ risk. It is the Department’s policy that participants in its housing programs honor their legal, financial, and contractual obligations. Accordingly, uniform standards are established for approvals, disapprovals, or withholding actions on principals in projects, based upon their past performances as well as other relevant information. Respondents such as owners, management agents, master tenants, general contractors, and nursing home operators are subject to review. The information on this form needs to be collected by the Department to evaluate participants’ previous performance and compliance with contracts, regulations, and directives.

92 00475

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

MBE/WBE INFORMATION - GOOD FAITH EFFORTS
DOCUMENT 00475 - DBE INFORMATION – GOOD FAITH EFFORTS
93 94
95 00610

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

PAYMENT BOND FORM
DOCUMENT 00610 - PAYMENT BOND FORM
WHEREAS, the City Council of the City of South Lake Tahoe, State of California, and ___________________________________________________________________ hereinafter designated as "Principal" have entered into an Agreement for the furnishing of all materials, labor, services and equipment necessary, convenient and proper to:
_________________________________________________________________________ __________________________________________________________________________ pursuant to the said Agreement dated __________________, 20__, and all of the documents attached thereto and incorporated by reference, becoming a part of said Agreement, are hereby referred to and made a part hereof; and,
WHEREAS, said Principal is required by California law, including, without limitation, Part 6 (commencing at §8000), Division 4 of the California Civil Code to furnish a Bond in connection with said Agreement.

NOW THEREFORE, we, the Principal and __________________________________ as Surety, are held and firmly bound unto the City of South Lake Tahoe in the penal sum of:
_____________________._ Dollars ($ ________________), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT if said Principal, its subcontractors, heirs, executors, administrators, successors or assigns shall fail to pay any of the persons named in §9100 of the California Civil Code, any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, any prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 and 1815 of the California Labor Code, any amounts required to be deducted or withheld from the wages of employees of the Principal and its subcontractors for payment to the United States Government and/or to the State Franchise Tax Board with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the total sum herein above specified, and also, in case suit is brought upon this Bond, a reasonable attorney's fee to be fixed by the court. This Bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code, so as to give the right of action to such persons or their assigns in any suit brought upon this Bond.

It is further stipulated and agreed that the Surety on this Bond shall not be exonerated or released from the obligation of this Bond by any change, extension of time for performance, addition, deletion, alteration, or modification in, to, or any contract, plans, specifications, or agreement 96 00610

pertaining or relating to any scheme or work of improvement herein above described or pertaining to or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement, or Bond, nor by any conditions precedent or subsequent in the Bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the Bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the Bond, and that this Bond be construed most strongly against the Surety and in favor of all persons for whose benefit such Bond is given, and under no circumstances shall the Surety be released from its obligations hereunder by reason of any breach of contract between the City of South Lake Tahoe and said Principal or on the part of any obligee named in such Bond, but the sole conditions of recovery shall be that claimant is a person described in §9100 of the California Civil Code and has not been paid the full amount of its claim, and that Surety does hereby waive notice of any such change, extension of time, addition, deletion, alteration, or modification herein mentioned.

The Surety, by the execution of this Bond, represents and warrants that this Bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense which it might have by reason of any failure by the Principal to execute or properly execute this Bond.

IN WITNESS WHEREOF two identical counterparts of this instrument each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the ____day of __________________________, 20__.

PRINCIPAL:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
SURETY:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
97 00610

NOTE TO SURETY COMPANY:

The following form of acknowledgement should be used. If any other form of acknowledgement is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.

SURETY COMPANY ATTORNEY-IN-FACT

STATE OF CALIFORNIA )
COUNTY OF EL DORADO ) ss.
)
On _______________________________________, before me, the undersigned, a Notary Public in and for the State, personally appeared _________________________________, known to me to be the duly authorized Attorney-in-Fact of the corporate Surety named in the within instrument, known to me to be authorized to execute that instrument on behalf of said corporation, known to me to be the person whose name is subscribed to such instrument as the Attorney-in-Fact of said corporation, and acknowledged to me that he (she) subscribed the name of said corporation thereto as Surety, and his (her) own name as Attorney-in-Fact and that said corporation executed the same.

WITNESS MY HAND AND OFFICIAL SEAL:
(SEAL)
__________________________________________
Notary Public for the State of California.

Acknowledgement by Attorney-in-Fact must be attached.

Corporate seals of Principal and Surety must be attached.

END OF DOCUMENT 00610
98 00620

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

PERFORMANCE BOND FORM
DOCUMENT 00620 - PERFORMANCE BOND FORM
WHEREAS, the City Council of the City of South Lake Tahoe, State of California, and _______________________________________________________hereinafter designated as "Principal" have entered into an Agreement for the furnishing of all materials, labor, services and equipment necessary, convenient and proper to:
____________________________________________________________________________ ____________________________________________________________________________ pursuant to the said Agreement dated __________________,20__, and all of the documents attached thereto and incorporated by reference, becoming a part of said Agreement, are hereby referred to and made a part hereof; and,
WHEREAS, said Principal is required according to the terms of said Agreement and applicable California State law, to furnish a Bond for the faithful Performance of said Agreement.

NOW, THEREFORE, we, the Principal and ____________________________________ as Surety, are held and firmly bound unto the City of South Lake in the penal sum of:
___________________________Dollars ($________________), lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, Principal’s heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions and agreements in the said Agreement and any alterations made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of South Lake Tahoe, its employees, council members and agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect.

If the City of South Lake Tahoe shall provide notice that it considers the Principal to be in default, Surety, upon receipt of such written notice, shall, within thirty (30) days, conduct any and all investigations that it deems necessary and appropriate to perform. Surety agrees to do so in order to be in a position to respond timely and efficiently, with the best interests of the overall completion of the Project as the primary goal, and without detriment to the Project or the City of South Lake Tahoe, should the City of South Lake Tahoe elect to exercise its right to terminate the Principal’s right to proceed due to default. 99 00620

If the City of South Lake Tahoe issues a written notice of termination for default, Surety shall, within fifteen (15) calendar days, tender a written program to City of South Lake Tahoe which comprehensively details Surety’s proposed completing contractor, its personnel and the manner in which the Surety will immediately honor its performance bond obligations. The time for completion of the Project shall not be extended as a result of the notice to the Surety, the election by City of South Lake Tahoe to terminate Principal’s right to proceed for default, and/or the time it takes Surety to act as required hereunder.

Surety agrees that in responding to any such notice of default of its Principal, Surety shall not be entitled to tender as its completion contractor the Principal or any entity owned, controlled or affiliated with Principal. The response by Surety to City of South Lake Tahoe shall include whether the Surety intends to use the key project personnel of Principal as part of the staff of the Completing Contractor, and the consent by City of South Lake Tahoe of the right to use some, any or all of those proposed individuals shall be at the sole and absolute discretion of the City of South Lake Tahoe. No claim shall be made arising from the good faith exercise by City of South Lake Tahoe of the discretion denying any such request.

As a condition precedent to the satisfactory completion of the said Agreement, the above obligation shall hold good for the maximum period of time allowed by applicable law (including all statutes of limitation or repose) and commensurate with the obligations owed by the Principal to the City of South Lake Tahoe, during which time, if the Principal, Principal’s heirs, executors, administrators, successors or assigns shall fail to make full, complete and satisfactory repair and replacements or totally protect the City of South Lake Tahoe from loss or damage made evident during said period, the above obligation shall be and remain in full force and effect.

The terms and conditions of the Agreement between the Principal and the City of South Lake Tahoe are expressly incorporated into this Performance Bond as though set forth in full.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or deletion to the terms of the said Agreement, or to the Work to be performed thereunder, shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alteration, addition or deletion to the terms of the said Agreement or to the Work. And the said Surety, for value received, hereby stipulates and agrees to waive the benefits of California Civil Code Sections 2819 and 2845.

In the event suit is brought upon this Bond by the City of South Lake Tahoe and judgment is recovered, Surety shall pay all costs incurred by the City of South Lake Tahoe in such suit, including a reasonable attorney's fee to be fixed by the court in accordance with applicable statutory law.

The Surety, by the execution of this Bond, represents and warrants that this Bond has also been duly executed by the Principal with proper authority, and the Surety hereby waives any defense which it might have by reason of any failure by the Principal to execute or properly execute this 100
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Bond.

IN WITNESS WHEREOF two identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on the _____day of ______________________, 20__.

PRINCIPAL:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
SURETY:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
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NOTE TO SURETY COMPANY:

The following form of acknowledgement should be used. If any other form of acknowledgement is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.

SURETY COMPANY ATTORNEY-IN-FACT

STATE OF CALIFORNIA )
COUNTY OF EL DORADO ) ss.
)
On _______________________________________, before me, the undersigned, a Notary Public in and for the State, personally appeared _________________________________, known to me to be the duly authorized Attorney-in-Fact of the corporate Surety named in the within instrument, known to me to be authorized to execute that instrument on behalf of said corporation, known to me to be the person whose name is subscribed to such instrument as the Attorney-in-Fact of said corporation, and acknowledged to me that he (she) subscribed the name of said corporation thereto as Surety, and his (her) own name as Attorney-in-Fact and that said corporation executed the same.

WITNESS MY HAND AND OFFICIAL SEAL:
(SEAL)
__________________________________________
Notary Public for the State of California.

Acknowledgement by Attorney-in-Fact must be attached.

Corporate seals of Principal and Surety must be attached.

END OF DOCUMENT 00620
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00630

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

SAMPLE ESCROW AGREEMENT

FOR SECURITY DEPOSITS IN LIEU OF RETENTION
DOCUMENT 00630 - SAMPLE ESCROW AGREEMENT FOR SECURITY

DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between:

THE CITY OF SOUTH LAKE TAHOE whose address is 1740 D Street, South Lake Tahoe, CA 96150-6251 (hereinafter called “Owner”) and _______________________________ whose address is ______________________________________ (hereinafter called “Contractor”) and __________________________ whose address is ____________________ (hereinafter called “Escrow Agent”).

For the consideration hereinafter set forth, Owner, Contractor, and Escrow Agent agree as follows:

1. Pursuant to §22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction contract entered into between the Owner and Contractor for __________________________________ in the amount of $ _____________ dated _______________________(hereinafter referred to as the "Contract").

Alternatively, on written request of the contractor, the Owner shall make payment of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a Substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ______________________and shall be designated the Contractor as the beneficial owner.

2. Owner shall make progress payments to Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that Escrow Agent holds securities in the form and amount specified above.

3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Escrow Agreement and the rights and responsibilities of the parties shall be equally 103
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applicable and binding when the Owner pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner.

The Owner, Contractor, and Escrow Agent shall determine these expenses and payment terms.

5. The interest earned on the securities or money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. Owner shall have a right to draw upon the securities in the event of default by Contractor. Upon seven days written notice to Escrow Agent from Owner of the default, Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by Owner.

8. Upon receipt of written notification from Owner certifying that the Contract is final and complete, and that Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of all fees and charges.

9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant Sections (5) through (8), inclusive, of this Escrow Agreement, and the Owner and the Contractor hold Escrow Agent harmless from Escrow Agent's release and disbursement of securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of Owner, Contractor and Escrow Agent in connection with the foregoing, and exemplars of their respective signatures are as follows:
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On Behalf of Owner:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
On Behalf of Contractor:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
On Behalf of Escrow Agent:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
At the time the Escrow Account is opened, Owner and Contractor shall deliver to Escrow Agent a fully executed counterpart of this Escrow Agreement.

IN WITNESS WHEREOF, the parties have executed this Escrow Agreement by their proper officers on ______________________________________________.

OWNER:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
CONTRACTOR:
____________________________________
Signature
____________________________________
Name
____________________________________
Title
____________________________________
Address
END OF DOCUMENT 00630
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00700

CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF PUBLIC WORKS

SPECIAL PROVISIONS
DOCUMENT 00700- SPECIAL PROVISIONS

BIJOU PARK CONNECTOR TRAIL
Public Works Contract No. 25-30150037
FORMAL BID No. BN-25-30150037-01
SECTION 1: GENERAL

1.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 1, “General”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents. (B) Insert the following at the end of Section 1-1.07A, “General”, of the Standard Specifications:

The City may use terms throughout the Special Provisions and the Contract Documents that are defined in sections other than Section 1-1.07B (“Glossary”) and/or which may have meanings or definitions that may be similar to or different from those set forth in Section 1-1.07B (“Glossary”). By submitting its bid, Contractor affirms that it has carefully reviewed the Contract Documents and understands the terms as used therein.
(C) Delete the definition of “excusable delay” at Section 1-1.07B, “Glossary”, of the Standard Specifications, and insert the following:

The term “excusable delay” shall have the meaning as set forth in Section 9.10 of the Special Provisions.
(D) Delete Section 1-1.08, “Districts”, of the Standard Specifications. (E) Insert the following at Section 1-1.11, “Web Sites, Addresses and Telephone Numbers”, of the Standard Specifications:

Project Manager: City of South Lake Tahoe
Contact: John Dickinson
Email: [email protected]
Phone No.: (530) 542-6182
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Mailing Address: City Services Center
1740 D Street
South Lake Tahoe, CA 96150-6251

1.2 STANDARD SPECIFICATIONS
The term “Standard Specifications” shall mean Standard Specifications of the State of California, Department of Transportation, dated 2023. The term “Standard Plans” shall mean Standard Plans, State of California, Department of Transportation, 2023. Unless otherwise required by the context, whenever in the Standard Specifications, these Special Provisions, or in any documents or instruments where these Standard Specifications govern, and the following terms are used, the intent and meaning of such terms shall be as follows:

STATE, COUNTY, OR CITY, OR
STATE OF CALIFORNIA ............................... CITY OF SOUTH LAKE TAHOE

DEPARTMENT OR DEPARTMENT OF
TRANSPORTATION......................................... CITY OF SOUTH LAKE TAHOE

DEPARTMENT OF ENGINEERING

DIRECTOR OF DIRECTOR OF
TRANSPORTATION.......................................... DEPARTMENT OF PUBLIC WORKS

CITY OF SOUTH LAKE TAHOE
ENGINEER.......................................................... CITY ENGINEER OR PROJECT MANAGER OR AUTH.

REPRESENTATIVE

CITY OF SOUTH LAKE TAHOE

1.3 BID DOCUMENTS
The Bid Documents as used in these Special Provisions shall consist of the following:

Notice to Bidders (Document 00100); Instructions to Bidders (Document 00200); Bid Proposal (Document 00400); Bidder's Bond (Document 00410); Designation of Subcontractors (Document 00420); Verification of DIR Compliance (Document 00423; CARB CRC Compliance (Document 00424); Self-Performance Declaration (Document 00425); Debarment and Suspension Certifications (Document 00430); Non-Collusion Declaration (Document 00432); Worker's Compensation Certification (Document 00435); Business and Professions Code Sections 7028.15 and 7031 Statement (Document 00440); Bidder's Statement of Financial Responsibility, Technical Ability and Experience (Document 00450); Equal Employment Opportunity Certification (Document 00460); Non-Lobbying Certification (Document 00465); Disclosure of Lobbying Activities (Document 00466); Construction Contract DBE Commitments (Document 00471); DBE Information – Good Faith Efforts (Document 00475); Agreement (Document 00500); Payment Bond Form (Document 00610); Performance Bond Form (Document 00620); Sample Escrow Agreement for Security Deposits In Lieu of Retention (Document 00630); Warranty/Guaranty Form (Document 00635); Acknowledgment of City Code (Document 00640); Bid Document Certification (Document 00650); Special Provisions (which incorporate by 111
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reference, and, as specified, modify the Standard Specifications of the State of California, Department of Transportation, dated 2023; the Standard Plans of the State of California, Department of Transportation, dated 2023, and the South Lake Tahoe Public Improvement and Engineering Standards) (Document 00700); Construction Progress Documentation (Document 01300); Contract Construction Drawings (Plans); and any Addenda issued by the City after the initial publication of the Notice to Bidders.

1.4 SPECIFICATIONS AND PLANS
(A) The Work embraced herein shall be governed by, and done in accordance with, the Standard Specifications, the Standard Plans, and the City of South Lake Tahoe Public Improvement and Engineering Standards, insofar as the same may apply, and subject to and in accordance with these Special Provisions, the Project plans and drawings, the technical specifications, and the Contract Documents.
(B) All Contract Documents are intended to be complementary. In case of conflicts among or between the Contract Documents, the order of precedence among and between Contract Documents shall be as follows:
(1) Addenda shall govern over the existing Bid Documents; subsequent Addenda shall govern over prior Addenda only to the extent specified; (2) Supplemental Conditions, if any, shall govern over the Special Provisions; (3) Special Provisions shall govern over the General Provisions (Division 1); (4) The General Provisions (Division 1) shall govern over the Technical Specifications (Divisions 2 through 16) except as otherwise set forth in the Contract Documents;
(5) Special Provisions shall govern over the Standard Specifications, the Standard Plans and the Project plans, and the City of South Lake Tahoe Public Improvement and Engineering Standards; and
(6) Project plans and drawings shall govern over Standard Plans. (7) Standard Plans and Project plans and drawings shall govern over the Standard Specifications.

The following shall also apply in the event of a conflict or discrepancy:
• Written numbers and notes on a drawing govern over graphics; • A detail drawing governs over a general drawing; and
• A detail specification governs over a general specification.

In the case of any conflict as between, on the one hand, any plans and drawings, and, on the other hand, the Standard Specifications, Special Provisions, Supplemental Conditions, General 112
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Provisions and/or Technical Specifications, the plans and drawings shall govern in matters of quantity and the Standard Specifications, Special Provisions, Supplemental Conditions, General Provisions and/or Technical Specifications shall govern in matter of quality. In cases of conflict within the plans and drawings involving quantities or within the Standard Specifications, Special Provisions, Supplemental Conditions, General Provisions and/or Technical Specifications involving quality, the greater quantity and higher quality must be provided.

The Work shall be measured and paid for in the units as specified in the Base Bid Schedule, and in accordance with the requirements of the Special Provisions and the Contract Documents.

END OF SECTION 1
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SECTION 2: BIDDING

2.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 2, “Bidding”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. In addition to the provisions in Section 2, “Bidding”, of the Standard Specifications, the Contractor’s attention is directed to the Notice to Bidders (Document 00100), Instructions to Bidders (Document 00200), Bid Proposal (Document 00400), and these Special Provisions for the requirements and conditions which must be observed in the preparation of the Bid Proposal form and the submission of a complete and responsive Bid.
(B) Delete Section 2-1.02, “Bid Ineligibility”, of the Standard Specifications, and replace with the following:

Unless otherwise prohibited by California or federal law and subject to the terms and conditions of the Bid Documents, any responsible contractor qualified and authorized under applicable California law, including without limitation, the Public Contract Code, the Business & Professions Code, the Government Code and the City of South Lake Tahoe City Code, may submit a bid for the Project, subcontract for a portion of the Work and/or supply materials or equipment for the Work.
(C) Delete paragraphs 2 through 4 of the Section 2-1.06A, “General”, of the Standard Specifications, and replace with the following:

In accordance with Document 00100.2.09 – Notice to Bidders (“Availability of Bid Documents”), copies of all Bid Documents (including the Bid Proposal), but not including the Standard Specifications and Standard Plans, may be viewed at the Department of Public Works Office, 1740 D Street, South Lake Tahoe, California 96150, and shall be available after registering as a vender at the following internet address:
http://www.planetbids.com/portal/portal.cfm?CompanyID=14997# Standard Specifications and Standard Plans can be viewed and/or downloaded from the California Department of Transportation website.
(D) Delete Section 2-1.06B, “Supplemental Project Information”, of the Standard Specifications.
(E) Insert the phrase “Carefully and diligently” at the start of the first sentence of Section 2-1.07, “Job Site and Document Examination”, of the Standard Specifications. Insert the following at the end of Section 2-1.07, “Job Site and Document Examination”, of the Standard Specifications:

The submission of a Bid is conclusive evidence that the Bidder has investigated and is fully aware of the conditions and difficulties that may be encountered, including the availability of labor and materials to be 114
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provided, of the character, quality and quantities of Work to be performed, and of the requirements of all Bid Documents.

Failure of Bidder to educate itself with available information will not relieve Bidder from responsibility for estimating properly the difficulty or cost of successfully performing the Work. Bidders are required to inform themselves fully of the conditions relating to the construction and labor under which the Work will be or is now performed, and, so far as possible, the successful Bidder must employ such means and methods in carrying out its Work as will not cause any interruption or interference with any other contractor and/or work undertaken directly by City forces.

Where investigation of subsurface conditions has been made by the City with respect to foundation or other design aspects, Bidders may inspect the City's records of such investigation, including examination of samples and drill cores, if any. When logs of test borings indicating a record of the data obtained by the City's investigation of subsurface conditions are made available, said logs represent only the investigator's opinion as to the character of material encountered in test borings and are made available only for the convenience of Bidders.

Investigation of subsurface conditions is made for the purpose of design, and the City assumes no responsibility, whatsoever, with respect to the sufficiency of test borings, accuracy of the log of test borings, of other preliminary investigations, or in the interpretation thereof. There is no warranty or guarantee, express or implied, that the conditions indicated are representative of those existing throughout the Work, or any part of it, or that unforeseen conditions may not be encountered. No information derived from such inspection of records of preliminary investigations made by the City, or from the maps, drawings, plans, or Contract Documents relieve Contractor from any risk or from properly fulfilling all the terms of the Agreement. Records of such preliminary investigations as may have been made by the City may be inspected by contacting the City’s Authorized Representative as identified in the Notice to Bidders.

Making information available to Bidders is not to be construed in any way as a waiver of the aforesaid provisions, and Bidders must satisfy themselves through their own investigations as to conditions to be encountered. Should Bidder wish to perform any inspection or investigation of the Project site so as to satisfy itself as to the condition(s) that may be encountered, Bidders shall submit a written request to the City, at least two weeks prior to the date specified for the submission of bids, identifying any reasonable inspection or investigation that Bidder wishes to perform. Thereafter, and within the sole discretion of the City, Bidder may be allowed to perform the requested inspections or investigations at the Project site subject to the express satisfaction of any conditions required by the City, including, without limitation, the procurement by Bidder of acceptable insurance 115
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coverage(s) and the performance of the requested inspections or investigations at times and locations as specified by the City.

Bidder must carefully study and compare the requirements of the Contract Documents with each other and must advise the City, in writing, of any errors, inconsistencies or omission discovered. If the Bidder performs any Work knowing it involves a recognized error, inconsistency or omission in the requirement of the Contract Documents, without notice to the City, the Contractor assumes responsibility for such performance and will bear the cost for correction. (F) Replace the phrase “Subcontractor List” with “Document 00420 (“Designation of Subcontractors”)” in the first sentence in Section 2-1.10, “Subcontractor List”, of the Standard Specifications. Delete the second paragraph in Section 2-1.10, “Subcontractor List”, of the Standard Specifications, and insert the following:

Bidder shall utilize Document 00420 (“Designation of Subcontractors”) to list the names and locations of all Subcontractors performing more than onehalf of one percent of the value of the Work, to provide a description of the subcontracted Work performed by any listed Subcontractor, and to provide all other information required by the Bid Documents, all in accordance with the Subletting and Subcontracting Fair Practices Act (the “Act”), commencing with Section 4100 of the Public Contract Code. The Bidder’s attention to invited to the other provisions of the Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. (G) Delete the first paragraph of Section 2-1.12B(2), "DBE Commitment Submittal," and replace it with the following:

Submit DBE information on the “Construction Contract DBE Commitment,” Exhibit 15-G, form included in the Bid Documents (Document 00471) with the bid, or alternatively, within four (4) working days after the bid opening.
(H) Delete the first paragraph of Section 2-1.12B(3), "Good Faith Efforts Submittal,” and replace it with the following:

If you have not met the DBE goal, complete and submit the “DBE Information - Good Faith Efforts,” Exhibit 15-H, form included with the Bid Documents (Document 00475) showing that you made adequate good faith efforts to meet the goal, and submit this form with the bid, or alternatively, received by the City within five (5) working days after the bid opening. If the “DBE Information - Good Faith Efforts,” Exhibit 15-H, form (Document 00475) is not submitted with the bid, it must be received by the Department of Public Works no later than five (5) calendar days after the bid opening.
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(I) Delete Section 2-1.15, “Disabled Veteran Business Enterprises”, of the Standard Specifications.
(J) Delete Section 2-1.18, “Small Business and Non-Small Business Subcontractor Preferences”, of the Standard Specifications.
(K) Delete Section 2-1.27, “California Companies”, of the Standard Specifications. (L) Delete Section 2-1.33D, “Opt Out of Payment Adjustments for Price Index Fluctuations”, of the Standard Specifications.
(M) Delete Section 2-1.31, “General”, of the Standard Specifications, and insert the following:

A separate Bid Proposal (Document 00400) is provided with these Bid Documents. The Bidder’s attention is directed to Document 00400.7.0 (“Attached Documents”), which requires Bidder to submit certain enumerated Bid Documents as a material part of the Bid Proposal. The Bid Proposal shall be submitted as described in, and in accordance with, the Bid Documents, including, without limitation, the Notice to Bidders (Document 00100), Instructions to Bidders (Document 00200), and Bid Proposal (Document 00400). All Bid Proposals shall set forth, in ink, for each item of work in clearly legible figures, a unit price and a total for the item, in the respective spaces provided and shall be signed by the Bidder, who shall fill out all blanks and provide all information as required in the Bid Proposal forms, and timely submit all aspects of the Bid Proposal forms as required therein.
(N) Delete Section 2-1.33B, “Electronic Bids”, of the Standard Specifications. (O) Insert the following at the end of Section 2-1.34, “Bidder’s Security”, of the Standard Specifications:

The Bidder’s Bond shall conform to Document 00410 (“Bidder’s Bond”). All bids shall be presented under sealed cover and accompanied by a proposal guaranty (Bidder’s Security) in an amount of not less than 10% of the bid price, as a guarantee the bidder will execute the Agreement with the City upon acceptance of the Bid by the City Council.
(P) Insert the following at the end of Section 2-1.46, “Department’s Decision on Bid”, of the Standard Specifications:

The City reserves all rights to reject any or all Bids, and to waive any minor irregularity in the completion of the Bid Proposal form within its sole discretion.
(Q) Insert the following at the end of Section 2-1.47, “Bid Relief”, of the Standard Specifications:
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Attention is directed to the provisions of California Public Contract Code Sections 5100 through 5107 that set forth the criteria and procedures for relief of Bidders, and for authorizing an award of the Agreement to another Bidder.

2.2 DISCLOSURES AND COMPLIANCE CERTIFICATIONS
(A) Public Contract Code Section 10232 (Chapter 466, Stats.1982) provides as follows:

Every contract shall contain a statement by which the Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the Contractor has complied with the order which was the basis for the finding. The State may rescind any contract in which the Contractor falsely swears to the truth of the statement required by this section.

A form for the statement required by Section 10232 of the Public Contract Code is located at Document 00430 (“Debarment and Suspension Certifications”). By executing Document 00430 (“Debarment and Suspension Certifications”), the Contractor acknowledges compliance with Section 10232 of the California Public Contract Code.
(B) In accordance with Public Contract Code Section 7106, a Non-Collusion Declaration is included at Document 00430 (“Non-Collusion Declaration”). (C) In accordance with Section 4552 of the Government Code, Bidder shall conform to the following requirements:

In submitting a bid to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.

Section 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such assignment shall be made and become effective at the time the City tenders final payment to the bidder. (D) The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material 118
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breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the Contractor must include these assurances.

Failure of the Contractor to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to self-performance certifications and escrowed bid documents, where applicable, may subject the Contractor to a determination of the Contractor’s responsibility in the event it is the apparent low bidder on future City public works contracts.

2.3 ESCROW OF BID DOCUMENTS
(A) SCOPE:
(1) The three (3) apparent lowest bidders shall submit, within three (3) business days after opening of bids, one (1) copy of all documentary information generated in preparation of the bid price for the Project. This material is hereinafter referred to as “Escrow Bid Documents.” The Escrow Bid Documents submitted by any bidder that is not awarded the Agreement shall be promptly returned by the City subsequent to the award of the Agreement. The Escrow Bid Documents will be held in escrow for the duration of the Agreement. Any other bidders considered for the award of the Agreement shall also comply with this provision, if required by the City. (2) The Contractor agrees, as a condition of award of the Agreement, that the Escrow Bid Documents constitute the complete, only and all of the information used in preparation of the bid, and that no other bid preparation information will be considered in resolving claims or disputes. (3) Nothing in the Escrow Bid Documents shall change or modify the terms or conditions of the Contract Documents.
(B) SAFEGUARDING OF ESCROW BID DOCUMENTS:

The Escrow Bid Documents are and will always remain the property of the Contractor, subject only to joint review by the City and the Contractor, as provided herein. The City expressly acknowledges that the Escrow Bid Documents constitute the Bidder’s proprietary and confidential information. The City agrees to cooperate with Contractor to safeguard the Escrow Bid Documents and all the information contained therein against disclosure to the fullest extent permitted by law.
(C) PURPOSE:

Escrow Bid Documents may be used to assist in the negotiation of the settlement of claims, disputes and other controversies, including disputes concerning chance orders. They will not be used for evaluation of the successful Contractor’s anticipated means and methods of construction. 119
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(D) FORMAT AND CONTENTS:
(1) The Contractor may submit Escrow Bid Documents in its usual costestimating format. Escrow Bid Documents shall be adequate to enable complete understanding and proper interpretation for their intended use. (2) The Escrow Bid Documents shall clearly itemize the estimated costs of performing the work. Items shall be separated into sub-items as required to present a complete and detailed cost estimate and allow a detailed cost review. The Escrow Bid Documents shall include all quantity takeoffs, labor, equipment, calculations of rate production and progress, copies of quotations from subcontractors and suppliers, and memoranda, narratives, consultants’ reports, add/deduct sheets, and all other information used by the Contractor to arrive at the prices contained in the bid proposal.

Estimated costs shall be broken down into the Contractor’s usual estimate categories, such as direct labor, repair labor, material, equipment, construction equipment operation, construction equipment ownership, expendable materials, materials and subcontractor costs as appropriate.

Plant and equipment, indirect costs shall be detailed in the Contractor’s usual format. The Contractor’s allocation of plant and equipment, indirect costs, contingencies, markup and other items shall be included. (3) All costs shall be identified for all items. For bid items amounting to less than $10,000.00, estimated unit costs are acceptable without a detailed cost estimate, provided that labor, equipment, materials, construction equipment, expendable materials and subcontracts, as applicable, are included, and provided that indirect costs, contingencies, and mark-up, as applicable, are allocated.
(4) Bidding materials provided by the City shall not be included in the Escrow Bid Documents unless needed to comply with the requirements of this section.
(E) SUBMITTAL:
(1) The Escrow Bid Documents shall be submitted in a sealed container(s) within three (3) business days after opening of bids. The container shall be clearly marked on the outside with the Contractor’s name, date of submittal, project name and the words “Escrow Bid Documents.” (2) The Escrow Bid Documents shall be accompanied by an index to inventory the contents of the submittal and a Bid Documentation Certification (Document 00650), signed by the individual who executed the bid proposal, stating that the material in the Escrow Bid Documents constitutes all documentary information used in preparation of the bid and that he/she has personally examined the contents of the Escrow Bid Documents container and has found that the documents in the container(s) 120
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are complete and organized as shown by the Contractor’s index. (3) Prior to award, the Escrow Bid Documents of the Contractor will be unsealed, examined, organized, and inventoried by representatives of City, together with members of the Contractor’s staff who are knowledgeable in how the bid was prepared.

This examination is to ensure that the Escrow Bid Documents are authentic, legible, and complete. It will not include review of, and will not constitute approval of, proposed construction methods, estimating assumptions, or interpretations of Contract Documents. This examination is subject to the condition that, as trade secrets, the Escrow Bid Documents are proprietary and confidential as described in Paragraph B. Examination will not alter any condition(s) or term(s) of the Agreement.

If all the documentation required in Paragraph D, “Format and Contents,” has not been included in the original submittal, additional documentation shall be submitted, at the City’s sole discretion, prior to award of the Agreement.

If the Agreement is not awarded to the lowest bidder, the Escrow Bid Documents of the next lowest bidder shall be processed as described above and all terms and conditions of this Section shall be applicable to said bidder.
(4) Timely submission of complete Escrow Bid Documents is an essential element of the Contractor’s responsibility and a prerequisite to contract award. FAILURE TO PROVIDE THE NECESSARY

ESCROW BID DOCUMENTS WILL BE SUFFICIENT CAUSE FOR
THE CITY, IN ITS SOLE DISCRETION, TO REJECT THE BID. If the Contractor’s proposal is based on subcontracting any part of the work, each subcontractor, whose total subcontract price exceeds $150,000, shall provide separate Escrow Bid Documents to be submitted with those of the Contractor. These submittals will be examined in the same manner and at the same time as the examination described above. If the Contractor wishes to subcontract any portion of the work or requests substitutions of any subcontractor after award, the City retains the right to require the Contractor to submit Escrow Bid Documents from the proposed subcontractor before the subcontract or substitution is approved.
(5) Escrow Bid Documents submitted by unsuccessful Contractors will be returned, unless as provided above, as soon as they are no longer needed by City.
(F) STORAGE:

The Escrow Bid Documents will be stored, for the life of the Agreement, at the City’s offices. The City will pay the cost of storage. 121
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(G) EXAMINATION:
(1) The Escrow Bid Documents shall be examined by the City and Contractor, at any time deemed necessary by either the City or the Contractor, in the event of any claims or disputes arising upon the Project, including, without limitation, any disputes arising from the pricing of any claim, change or extra work.
(2) Examination of the Escrow Bid Documents is subject to the following conditions:
(a) The Escrow Bid Documents shall be considered proprietary and confidential.
(b) The City and the Contractor shall each designate, in writing to the other party with a minimum of five (5) days notice prior to examination, representatives who are authorized to examine the Escrow Bid Documents.

No other person shall have access to the Escrow Bid Documents. (c) Access to the Escrow Bid Documents under this paragraph will take place only in the presence of duly designated representatives of both the City and the Contractor.
(H) FINAL DISPOSITION:

The Escrow Bid Documents will be returned to the Contractor at such time as the Agreement has been completed and/or final settlement of any dispute(s) has been achieved subsequent to final completion.

2.4 FEDERAL AID PROJECT REQUIREMENTS
The work will be funded, in whole or part, with Federal funds. The following provisions supplement the Contract Documents with additional federal requirements that may be applicable, and are intended to be compatible with the Contract Documents and these Special Provisions, not to conflict therewith. Contractor shall review and comply with all applicable federal requirements, regardless as to whether such requirements are expressly or implicitly called for in the Bid Documents or the Contract Documents. In the event that the federal requirements conflict with other Contract Document provisions, or are otherwise ambiguous, the provisions shall be interpreted to require maximum compliance with any and all applicable laws.

See the provisions below and the Standard Specifications, including, without limitation, Section 7-1.11. Form FHWA 1273, as set forth in Standard Specification Section 7-1.11B, is included in the Agreement. Contractor shall ensure that Form FHWA 1273 is physically incorporated (and not incorporated by reference) into each subcontract and lower-tier subcontracts. Additionally, Contractor shall strictly comply with all requirements and obligations arising from any federal laws, statutes and regulations as may be applicable to this Project, including, without limitation, Title 7 of the Code of Federal Regulations, Part 122
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3016, and, specifically, all laws, statutes, regulations, requirements, and obligations as set forth in 7 CFR § 3016.36(i).

2.4.1 FEDERAL LOBBYING RESTRICTIONS
Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement. If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.

A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” (Document 00466) with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification.

The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding $100,000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the City’s Authorized Representative.

The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:

A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.

2.4.2 SUBCONTRACTOR AND DBE RECORDS
The Contractor shall maintain records showing the name and business address of each first tier subcontractor. The records shall also show the name and business address of every DBE subcontractor, DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all of these firms. DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of the work. 123
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Upon completion of the Agreement, a summary of these records shall be prepared on “Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors” Form CEM-2402(F) and certified correct by the Contractor or the Contractor's authorized representative, and shall be furnished to the City’s Authorized Representative. The form shall be furnished to the City’s Authorized Representative within 90 days from the date of contract acceptance. The amount of $10,000 will be withheld from payment until a satisfactory form is submitted.

Prior to the fifteenth of each month, the Contractor shall submit documentation to the City’s Authorized Representative showing the amount paid to DBE trucking companies. The Contractor shall also obtain and submit documentation to the City’s Authorized Representative showing the amount paid by DBE trucking companies to all firms, including City operators, for the leasing of trucks. If the DBE leases trucks from a non DBE, the Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement.

The Contractor shall also obtain and submit documentation to the City’s Authorized Representative showing the truck number, City's name, California Highway Patrol CA number, and if applicable, the DBE certification number of the City of the truck for all trucks used during that month. This documentation shall be submitted on “Monthly DBE Trucking Verification” Form CEM-2404(F).

2.4.3 DBE CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the City’s Authorized Representative.

Upon completion of the contract, “Disadvantaged Business Enterprises (DBE) Certification Status Change” Form CEM-2403(F) indicating the DBE’s existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the City’s Authorized Representative within 90 days from the date of contract acceptance.

2.4.4 PERFORMANCE OF SUBCONTRACTORS
The form for listing the subcontractors as required in Section 2-1.10, “Subcontractor List,” of the Standard Specifications, as modified by the Special Provisions, is found at Document 00420 (“Designation of Subcontractors”), which describes the information to be provided with respect to each listed subcontractor. The Contractor is directed to Public Contract Code Section 4100, et seq. (Subletting and Subcontracting Fair Practices Act) related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. See Section 5-1.13B (“Disadvantaged Business Enterprises”) of the Standard Specifications. 124
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2.4.5 DBE COMMITMENT FORMS
A “Construction Contract DBE Commitment” form is included in the Bid Documents (Document 00471) to be executed by the Contractor, and shall be submitted with the Bid, or alternatively, received by the City within five (5) working days after the bid opening.

The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form.

The Contractor’s “Construction Contract – DBE Commitment” form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A Contractor certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies.

The Contractor is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE’s quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the Contractor is encouraged to submit a copy of the joint venture agreement.

2.5 BUY AMERICA REQUIREMENTS
Buy America Requirements apply to steel and iron, manufactured products, and construction materials permanently incorporated into the project.

Steel and Iron Materials
All steel and iron materials must be melted and manufactured in the United States except:

1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)];

2. If the total combined cost of the materials produced outside the United States does not exceed the greater of 0.1 percent of the total contract amount or $2,500, materials produced outside the United States may be used if authorized.

Furnish steel and iron materials to be incorporated into the work with certificates of compliance and certified mill test reports. Mill test reports must indicate where the steel and iron were melted and manufactured. All melting and manufacturing processes for these materials, including an application of a coating, must occur in the United States.

Coating includes all processes that protect or enhance the value of the material to which the coating is applied.

Manufactured Products
Iron and steel used in precast concrete manufactured products must meet the requirements of the above section (Steel and Iron Materials) regardless of the amount used. Iron and steel used in other manufactured products must meet the requirements of 125
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the above section (Steel and Iron Materials) if the weight of steel and iron components constitute 90 percent or more of the total weight of the manufactured product.

Construction Materials
Buy America requirements apply to the following construction materials that are or consist primarily of:

1. Non-ferrous metals

2. Plastic and polymer-based products such as:

2.1 Polyvinylchloride

2.2 Composite Building Materials

3. Glass

4. Fiber optic cable (including drop cable)

5. Optical fiber

6. Lumber

7. Engineered wood

8. Drywall
All manufacturing processes for these materials as defined in 2 CFR 184.6 must occur in the United States.

Where one or more of these construction materials have been combined by a manufacturer with other materials through a manufacturing process, Buy America requirements do not apply unless otherwise specified.

Furnish construction materials to be incorporated into the work with certificates of compliance with each project delivery. Manufacturer’s certificate of compliance must identify where the construction material was manufactured and attest specifically to Buy America compliance.

All manufacturing processes for these materials must occur in the United States.

Buy America requirements do not apply to the following:

1. Tools and construction equipment used in performing the work

2. Temporary work that is not incorporated into the finished project END OF SECTION 2
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SECTION 3: CONTRACT AWARD AND EXECUTION

3.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 3, “Contract Award and Execution”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) Delete the “except” in the first paragraph and the following two numbered paragraphs in Section 3-1.02B, “Tied Bids”, of the Standard Specifications. (C) Delete the three paragraphs in Section 3-1.04, “Contract Award”, of the Standard Specifications, and insert the following:

If the City awards the Agreement, it will be awarded within 90 days of opening of the bids to the lowest responsible bidder whose proposal complies with all the requirements prescribed (unless the City and Bidder(s) have agreed in writing to extend the time to make an award of contract).

Pursuant to Document 00200 – Instructions to Bidders, Article 26 (“Bid Protests”), Bid Protests shall be received by the Public Works Director, City of South Lake Tahoe, at 1740 D Street, South Lake Tahoe, California 96150-6251, before 4:00 p.m. no later than ten (10) working days following the bid opening.
(D) At Section 3-1.05, “Contract Bonds (Pub Cont Code §§ 10221 and 10222)”, of the Standard Specifications, replace the phrase “furnish 2 bonds” with the phrase “furnish Contract Bonds, which shall include all bonds as required under the Contract Documents and the following:”
(E) At Section 3-1.05.2, “Contract Bonds (Pub Cont Code §§ 10221 and 10222)”, of the Standard Specifications, replace the phrase “equal to at least 50 percent of the total bid” with the phrase “equal to at least 100 percent of the total bid”. (F) Delete Section 3-1.08, “Small Business Participation Report”, of the Standard Specifications.
(G) Delete Section 3-1.11, “Payee Data Record”, of the Standard Specifications. (H) Delete entirely, Section 3-1.18, “Contract Execution”, of the Standard Specifications, and replace with the following:

The fully executed Agreement shall be executed by the successful Bidder and shall be returned, together with all required (and completed) Contract Bonds on the approved forms (including the Payment Bond (Document 00610) and Performance Bond (Document 00620)), certificates of insurance (with endorsements) and all other documents required to be completed and submitted pursuant to the Contract Documents, to the City 127
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so that all required documents and information are received within ten (10) calendar days after the Bidder has received the Notice of Award from the City. Bidder’s failure to promptly execute the Agreement and to return all required documents and information, including, without limitation, certificates of insurance (with endorsements) to the City shall be just cause for forfeiture of the Bidder’s Security.

3.2 CONTRACT BONDS
Contract Bonds required as prescribed in this Section 3 of the Standard Specifications, as modified by the Special Provisions and Contract Documents, shall include a Performance Bond equal to one hundred percent (100%) of the amount of the Agreement, and a Payment Bond equal to one hundred percent (100%) of the Agreement, and any other bonds, including any Maintenance and Warranty Bond, as may be required by the City. The form of the Performance Bond (Document 00620) and the Payment Bond (Document 00610) to be provided by the successful Bidder are included within the Bid Documents.

3.3 BUSINESS AND PROFESSIONS TAX
Chapter 3.35 of the South Lake Tahoe City Code requires that any person carrying on any business, trade, profession, calling, or occupation in the City must first procure a Business and Professions Tax Certificate from the City.

The successful bidder and any subcontractors shall complete an application and pay the required fees for the Business and Professions Tax prior to starting work on the contract.

Information regarding the Business and Professions Tax may be obtained by calling the City of South Lake Tahoe Permits and Revenue Division at (530) 542-6012.

END OF SECTION 3
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SECTION 4: SCOPE OF WORK

4.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 4, “Scope of Work”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) At Section 4-1.06, “Differing Site Conditions (23 CFR 635.109)”, of the Standard Specifications, delete the phrase from the Section heading “(23 CFR 635.109)”. (C) At Section 4-1.06B, “Contractor’s Notification”, of the Standard Specifications, delete the phrase “Promptly notify the Engineer if you find either of the following conditions:” and replace with the following phrase: “Promptly notify the Engineer, in writing, and in any event no later than twenty-four (24) hours after discovery, and before such conditions are disturbed, if you find either of the following conditions:”.
(D) At Section 4-1.07A, “General”, of the Standard Specifications, delete the word “Reserved” and insert the following: “The application and implementation of the Value Engineering provisions to the Project, if at all, shall remain within the sole discretion of the City, and the City shall under no circumstances, at any time, be required or obligated to review or accept any Value Engineering Change Proposal.” (E) Delete Section 4-1.07C, “Value Analysis Workshop”, of the Standard Specifications.

4.2 CHANGES AND EXTRA WORK
Delete Sections 4-1.05A “General” and 4-1.05B “Work-Character Changes”, of the Standard Specifications, and replace with the following:
4-1.05A GENERAL
The City may, at any time, and without notice to the Contractor’s surety or sureties, make or order changes in the Work within the general scope of the Contract Documents, including, but not limited to, additions, deletions or other revisions, and/or changes in the Contract Documents or in the method and manner of performing the Work. Such changes shall be ordered or documented by:
(a) Field Modification, which is a written instruction, clarification or additional information communicated by the City or its authorized representative to Contractor directing or authorizing a minor adjustment in the Work or the requirements of the Contract Documents that does not change the Contract Sum or Contract Time;
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(b) Change Order, which is a written amendment to the Contract Documents, changing the Work, and/or the Contract Documents, and/or the Contract Sum, and/or the Contract Time; or
(c) Construction Change Directive.
4-1.05B CHANGES AND EXTRA WORK
4-1.05B(1) Upon request by the City, Contractor shall promptly provide the City with Contractor's proposed cost and time estimates detailing the amount to be added to or deducted from the Contract Sum and/or Contract Time due to any proposed change. Within five (5) calendar days, or as otherwise directed in writing by the City, Contractor shall promptly provide the City with Contractor’s detailed, itemized proposal, which must include:
(i) detailed estimates and other documentation supporting the proposed cost; and (ii) any required adjustments to the Contract Time known by the Contractor to be directly or indirectly attributable to the proposed change.

All requests for adjustment to the Contract Time shall be supported by a detailed schedule analysis in accordance with, and as specified in, Document 01300 (“Construction Progress Documentation”). 4-1.05B(2) Should Contractor fail to promptly submit the required information and documentation as required or requested by the City, or, after Contractor has timely submitted its cost and time proposal, the City and Contractor fail to successfully negotiate or agree on the adjustment, if any, to the Contract Sum and/or Contract Time associated with the proposed changed work, the City may issue a Construction Change Directive. The Construction Change Directive shall constitute the City’s final determination with respect to the adjustment, if any, to the Contract Sum and/or Contract Time due to the proposed change request, and Contractor must immediately proceed with the Work as directed by the City. If warranted in the judgment of the City, the Contract Sum and/or Contract Time may be changed pursuant to the Construction Change Directive in accordance with the City's estimate of cost and time associated with the change request. If Contractor disputes any portion of the Construction Change Directive, Contractor must maintain all time and materials records for “Force Account” Work as specified in Section 9-1.04, “Force Account” of the Standard Specifications, as modified by the Special Provisions. If Contractor fails to maintain such records or fails to submit such records within ten (10) calendar days following completion of the added Work, the City’s estimate will be used for the purpose of final adjustment, if any, to the Contract Sum and/or Contract Time. In the event Contractor disputes the adjustment, if any, to the Contract Sum and/or Time pursuant to the Construction Change Directive, Contractor’s sole and exclusive remedy shall be to pursue a claim in strict accordance with the requirements of Sections 8 and 9 of the Special Provisions, including, without limitation, Section 9.11 (“Claims and Dispute Resolution”). In the event of any dispute between City and Contractor concerning any Construction Change 130
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Directive (or Change Order), Contractor shall not stop work but will prosecute the Work diligently to completion in the manner directed by City, and the dispute shall be resolved in strict accordance with the requirements of Sections 8 and 9 of the Special Provisions, including, without limitation, Section 9.11 (“Claims and Dispute Resolution”).
4-1.05B(3) At the request of the City, a representative(s) on behalf of the Contractor with authority to execute Change Orders shall promptly meet in person, with the City’s Authorized Representative or his/he designee, at the City’s offices, to attempt to resolve any disputes regarding adjustments to the Contract Sum and/or Contract Time arising from any proposed change request.
4-1.05B(4) When Work is deleted, the City is entitled to a credit for the deleted Work. The credit adjustment to the Contract Sum and/or Contract Time for deleted Work will be determined in accordance with the Contract Documents, including, as applicable, Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions. Unless the City and Contractor agree otherwise pursuant to a Change Order, the credit adjustment to the Contract Sum shall be determined based upon the unit prices (or lump sum prices) for the scope of the deleted Work as set forth in Contractor’s Bid Proposal and/or Schedule of Values, plus an additional 15% for overhead and profit. However, in the event the City determines that the unit prices (or lump sum prices) associated with the deleted Work, as set forth in Contractor’s Bid Proposal and/or Schedule of Values, do not provide an accurate or appropriate basis for determining the credit adjustment to the Contract Sum, the City may determine the appropriate adjustment in any reasonable manner.

If Contractor has ordered acceptable material for the deleted Work before the date of notification of such deletion by the City, and if orders for such material cannot be canceled, such material will be paid for by the City at Contractor's actual cost. In such case, the material paid for will become the City's property and the City will pay the actual cost of any further handling.

If the material is returnable to the vendor and if the City so directs, Contractor must return the material and the City will pay the actual costs of returning the material, including reasonable and verifiable handling and restocking charges. The actual costs or charges to be paid by the City to Contractor for deleted materials as provided in this paragraph will be computed in the same manner as if the Work were to be paid for on a “Force Account” basis in accordance with Section 9-1.04, “Force Account” of the Standard Specifications, as modified by the Special Provisions. 4-1.05B(5) Contractor's written acceptance of a Change Order constitutes a final and binding agreement to the provisions thereof and a waiver of all claims in connection therewith, whether direct, indirect or consequential. Pursuant to Public Contract Code §7100, Contractor may 131
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specifically exclude individual Change Order items from operation of the Contractor's written acceptance of the Change Order and waiver of all claims in connection therewith. However, a general statement that Contractor reserves its right to seek a further adjustment of the Contract Sum and/or Contract Time at a future date for the Work, including Work associated with the Change Order, will not be permitted. If Contractor disagrees with any terms or conditions of a Change Order, Contractor must sign it with the statement "Signed Under Protest" and attach a written statement detailing the basis of the disagreement. The written statement detailing the basis of the disagreement must specifically identify each item to be excluded from the Contractor's waiver and state why Contractor is unable to determine the adjustment of the Contract Sum and/or Contract Time arising from the items excluded in the Contractor's release. 4-1.05B(6) Adjustments, if any, to the Contract Sum and/or Contract Time by reason of any modifications of the Work as set forth in a proposed change, shall be set forth in a Change Order or Construction Change Directive, and shall be determined by one or more of the methods, as elected by the City, as authorized pursuant to Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.
4-1.05B(7) Unless the City and Contractor agree otherwise pursuant to a Change Order, the following shall apply:
(a) During the first sixty (60) calendar days of any Compensable Delay, Contractor shall not be entitled to any separate mark-up on its labor, material or equipment costs, or those incurred by its subcontractors or suppliers, including, without limitation, any mark-up for overhead, profit or general conditions otherwise allowed on labor, materials and equipment pursuant to Section 9-1.04, “Force Account”, and Section 9-1.05, Extra Work Performed by Specialists, of the Standard Specification. In accordance with the Contract Documents, including, without limitation Document 00400.4.2 (“Bid Proposal”), the daily amount that Contractor may charge to the City for all delay costs, direct and indirect (and inclusive of all expenses and damages, including, without limitation, jobsite and home office overhead costs and extended general conditions) applicable to the first sixty (60) calendar days of Compensable Delay is the amount set forth in Document 00400.4.2 (“Bid Proposal”). This sum shall represent the exclusive and sole amount (i.e., payment in full for any and all direct and indirect delay costs) that Contractor, on behalf of itself and subcontractors and suppliers, of every tier, shall receive for any and all Compensable Delay(s) during the first sixty (60) calendar days of Compensable Delay at the Project.
(b) After the first sixty (60) calendar days of any Compensable Delay, delay costs, if allowable, inclusive of all direct and indirect costs, 132
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expenses and damages (including, without limitation, jobsite and home office overhead costs and extended general conditions), arising from a Compensable Delay shall be determined in accordance with Sections 8 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.
4-1.05B(8) Any alteration or alterations made in the plans and specifications, which are a part of the Contract Documents, or any provision of the Contract Documents, shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part thereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California.
4-1.05B(9) In giving instructions, the City shall have authority to make minor changes in the Work. The City, through its designee, shall be authorized to issue written changes in an amount established on behalf of the City Council. Except in an emergency endangering life and property, no extra work or change shall be made unless in pursuance of such written order, and no claim for an adjustment to the Contract Sum and/or the Contract Time shall be valid unless the additional work was so ordered in writing by the City prior to the start of the additional work.

END OF SECTION 4
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SECTION 5: CONTROL OF WORK

5.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 5, “Control of Work”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) All references to “day” or “days” within Section 5, “Control of Work”, of the Standard Specifications, shall refer to calendar days unless expressly noted otherwise.
(C) All references to “highway” within Section 5, “Control of Work”, of the Standard Specifications, shall refer to the “right-of-way” unless expressly noted otherwise. (D) Delete the last paragraph at Section 5-1.01, “General,” of the Standard Specifications.
(E) Delete Section 5-1.02, “Contract Components,” of the Standard Specifications. (F) Delete the first paragraph of Section 5-1.06, “Protests,” of the Standard Specifications and replace with the following:

You may protest a written determination or response by the Engineer, including, but not limited to, the issuance of a Construction Change Directive or RFI response, in accordance with the requirements of Sections 4, 5 and 9 of the Standard Specifications, as modified by the Special Provisions, and the Contract Documents.
(G) Delete Section 5-1.09, “Partnering,” of the Standard Specifications. (H) Delete the phrase “Except for a building-construction non-federal-aid contract,” from the fifth paragraph of Section 5-1.13A, “General,” of the Standard Specifications.
(I) Delete Section 5-1.13C, “Disabled Veteran Business Enterprises,” of the Standard Specifications.
(J) Delete Section 5-1.13D, “Non-Small Businesses,” of the Standard Specifications. (K) Delete Section 5-1.20C, “Railroad Relations,” of the Standard Specifications. (L) Delete Section 5-1.20E, “Water Meter Changes,” of the Standard Specifications. (M) Delete all paragraphs under Section 5-1.26, “Construction Surveys,” of the Standard Specifications, and replace with the following: “Contractor is responsible for all survey staking, including all costs and impacts arising therefrom.” (N) Delete Section 5-1.36C, “Railroad Property,” of the Standard Specifications. 134
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(O) Delete Section 5-1.38, “Maintenance and Protection Relief,” of the Standard Specifications.
(P) Delete the sentence, “The Engineer responds to the RFI within 5 business days” at Section 5-1.42, “Requests for Information”, of the Standard Specifications, and replace with the sentence “The City or its designee responds to the RFI within 10 calendar days”.
(Q) Delete Section 5-1.43, “Potential Claims and Dispute Resolution,” of the Standard Specifications, and replace with the following:
5-143 CONTRACT CLAIM RECORDS
5-1.43A Initial Contract Claim Record
Initial Contract Claim records submitted by the Contractor shall include, at a minimum, the following:

1. Complete nature and circumstances causing the claim.

2. Contract specifications supporting the basis of a claim.

3. Estimated claim cost and an itemized breakdown of the individual costs stating how the estimate was determined.

4. TIA submitted in accordance with Document 01300.3.07 (“Time Extensions”).
5-1.43B Final Contract Claim Record
Final Contract Claim records submitted by the Contractor shall include, at a minimum, the following:

1. Detailed factual account of the events causing the claim, including:

1.1. Pertinent dates

1.2. Locations

1.3. Work items affected by the claim

2. Contract documents supporting the claim and a statement of the reasons these parts support entitlement

3. Itemized cost breakdown if a payment adjustment is requested.

Segregate costs into the following categories:

3.1. Labor, including:
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3.1.1. Individuals

3.1.2. Classifications

3.1.3. Regular and overtime hours worked

3.1.4. Dates worked

3.2. Materials, including:

3.2.1. Invoices

3.2.2. Purchase orders

3.2.3. Location of materials either stored or incorporated into the work

3.2.4. Dates materials were transported to the job site or incorporated into the work

3.3. Equipment, including:

3.3.1. Detailed descriptions, including make, model, and serial number

3.3.2. Hours of use

3.3.3. Dates of use

3.3.4. Equipment rates at the rental rate listed in Labor Surcharge and Equipment Rental Rates in effect
when the affected work related to the claim was
performed

4. Detailed account of the time impact if a time adjustment is requested:

4.1. Dates for the requested time.

4.2. Reasons for a time adjustment.

4.3. Contract documentation supporting the requested time adjustment.

4.4. TIA. Any TIA must be submitted in accordance with
Document 01300.3.07 (“Time Extensions”), and
demonstrate entitlement to a time adjustment.
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5. Identification and copies of your documents and copies of communications supporting the potential claim, including certified payrolls, bills, canceled checks, job cost reports, payment records, and rental agreements.

6. All other relevant information, references, and arguments that support the claim.
(R) Delete Section 5-1.46, “Final Inspection and Contract Acceptance,” of the Standard Specifications.

5.2 SUBCONTRACTING
In addition to the requirements set forth in Section 5-1.13, “Subcontracting”, of the Standard Specifications, the following shall be applicable to this Project:

The form for listing the subcontractors as required in Section 2-1.33C, “Subcontractor List,” of the Standard Specifications, as modified by the Special Provisions, is found at Document 00420 (“Designation of Subcontractors”). Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code Section 7028.15(a) and 7031.

Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html.

5.2.1 SUBLETTING AND SUBCONTRACTING
(A) The Contractor must adhere to the rules governing subcontracting as set forth in the Subletting and Subcontracting Fair Practices Act, commencing with Public Contract Code section 4100. Subcontractor substitutions must be in accordance with provisions of the Subletting and Subcontracting Fair Practices Act, beginning with Public Contract Code section 4100. Violations of this Act by the Contractor may subject the Contractor to penalties and disciplinary action pursuant to the Subletting and Subcontracting Fair Practices Act. (B) The Contractor is responsible for all Work performed pursuant to the requirements of the Contract Documents, including Work subcontracted to others.

All persons engaged in the Work of the Project are the responsibility of and subject to the control of the Contractor.
(C) No subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of Contractor who is responsible for their work, which is subject to all the provisions of the Contract Documents. (D) When any subcontractor fails to execute a portion of the Work in a manner satisfactory to City, the Contractor must remove such subcontractor immediately 137
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upon written notice from City, and the Subcontractor must not again be employed on the Project.
(E) Although the Bid Documents and Contract Documents are divided into Documents, Articles, Parts, Sub-Parts and Divisions, Sections, and Paragraphs, etc., they are not intended to provide a basis for the bidding, assignment, or performance of the Work. Contractor is fully responsible for assigning the Work to the various subcontractors, suppliers and vendors that will be bidding or performing the Work. The City will not entertain requests to arbitrate or decide disputes among subcontractors or between the Contractor and subcontractor(s) concerning responsibility for performing any part of the Work. (F) Each subcontract and any lower tier subcontract that may in turn be made shall include the “Required Contract Provisions Federal-Aid Construction Contracts” as set forth in the Standard Specifications. Noncompliance shall be corrected. Payment for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract.

5.2.2 SUBCONTRACT RELATIONS
(A) By an appropriate agreement, Contractor shall require each subcontractor and supplier, to the extent of that subcontractor's or supplier's Work, to be bound to Contractor by the terms of the Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by these Contract Documents, assumes toward City.
(B) Said subcontracts and agreements must preserve and protect City’s rights pursuant to the Agreement with respect to the subcontractor's or suppliers Work so the subcontracting thereof will not prejudice such rights. Contractor must require each subcontractor to enter into similar agreements with its sub-subcontractors. (C) Contractor must make available to each proposed subcontractor and supplier, prior to execution of the subcontract or agreement, copies of the Contract Documents to which the subcontractor or supplier will be bound and, upon written request of the subcontractor or supplier, identify to the subcontractor or supplier any terms and conditions of the proposed subcontract or agreement that may be at variance with the Agreement. Each subcontractor must similarly make copies of all such Documents available to its proposed sub-subcontractors.

5.2.3 CONTROL OF SUBCONTRACTORS
(A) The Contractor shall:
(1) Schedule and coordinate the Work of all subcontractors; (2) Instruct all subcontractors to consult with other subcontractors to ascertain the locations of their various materials including stored materials 138
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and to familiarize themselves with their own material locations, making such changes as required to obtain the best results;
(3) Instruct all subcontractors to schedule their Work and cooperate with the other subcontractors to avoid delays, interferences, and unnecessary work, to conform to the schedule of operations as indicated in the progress schedule, and make installations when and where directed; (4) Make all necessary changes, including removing and reinstalling of materials, at their sole expense if they fail to check with other subcontractors, and their installed Work is later found to interfere with Work of other subcontractors; and
(5) Follow up to ensure that all subcontractors install their Work when and where directed, and in accordance with the Contract Documents.

5.2.4 APPLICATION OF CITY CODE TO SUBCONTRACTORS
The Contractor shall incorporate by explicit reference all pertinent requirements of the South Lake Tahoe City Code in all subcontracts and supplier agreements.

5.3 SELF-PERFORMANCE REQUIREMENTS
Contractor shall complete, as part of the Bid Documents, the Self-Performance Declaration (Document 00425 (“Self-Performance Declaration”)) confirming the Contractor will perform, with its own organization, contract work amounting to not less than 30 percent of the amount of the original total bid for the Work.

5.4 AUDITS AND ACCESS TO RECORDS
In addition to the requirements set forth in Section 5-1.27, “Records”, of the Standard Specifications, the following shall be applicable to this Project, and in the event of a conflict between this Section and Section 5-1.27, “Records”, of the Standard Specifications, the more strict and stringent requirement shall apply:
(A) The Contractor must maintain all books, records, documents, and other evidence directly pertinent to the performance of the Work in accordance with generally accepted accounting principles and practices consistently applied. The Contractor must also maintain all financial information and data used by the Contractor in the preparation or support of any cost Application, or other request for equitable adjustment. City and its representatives will have access upon 24 hours advanced written notice, at all times during normal business hours, to all Contractor’s books, summary reports, records, accounts, estimates, documents, detailed financial information, certified payroll records, and all other relevant information and documentation for the purposes of inspection, audit, and copying.

The Contractor will, at no cost to City, provide proper facilities for such access, inspection and copying purposes.
(B) Contractor agrees to include and make the requirements of this section applicable to all subcontracts, of any tier, or purchase orders in excess of $10,000, at any tier. 139
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(C) The Contractor agrees to provide all information and reports resulting from access to records to City and other affected parties.
(D) Records must be maintained and made available during the performance of Work and for five (5) years after final payment, and until final settlement of all disputes, claims, or litigation, whichever occurs later. In addition, those records which relate to any portion of this Agreement, to any change order, to any dispute, to any litigation, to the settlement of any claim arising out of such performance, or to the cost or items to which an audit exception has been taken, must be maintained and made available until final payment or final resolution of such dispute, litigation, claim, or exception, whichever occurs later. (E) The right of access provisions of this section applies to all financial records pertaining to this Agreement:
(1) to the extent the records pertain directly to Contract performance under the Agreement;
(2) to the extent required for verification of the costs incurred where such costs are the basis for billings pursuant to this Agreement including Change Orders;
(3) to the extent there is any indication of violation of the California False Claims statute or that fraud, gross abuse, or corrupt practices may be involved;
(4) if the Agreement is terminated for default or convenience. (F) Access to records is not limited to the required retention periods. City’s Authorized Representative or designee will have access to records at any reasonable time for as long as the records are maintained.

5.5 PROJECT APPEARANCE
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

The Contractor shall maintain a neat appearance to the work. In the area visible to the public, excess material and debris developed during the construction of all phases of the project shall be removed and disposed of at an approved site on a daily basis. All waste material generated shall be disposed of the same day the waste material is generated. No waste material shall be stored within the project area, or the City. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various Agreement items of Work involved and no additional compensation will be allowed therefore.

5.6 STORAGE OF EQUIPMENT
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:
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If authorized by the Contract Documents, portions of certain parcels, as shown on the plans or as designated in these General Provisions, may be available, or made available, for the Contractor’s use. The limits of these available areas shall be fenced with orange construction fencing or temporary chain link fence at the Contractor’s option. Such areas, if designated in the Contract Documents, are limited to existing paved and heavily disturbed areas, and no disturbance of areas outside the designated storage areas will be allowed.

If the Contractor wishes to negotiate with private property owners for additional storage or staging areas, the Contractor is solely responsible for obtaining (and paying for) all required permits from TRPA, California Regional Water Quality Control Board – Lahontan Region (Regional Board) any other regulatory entity, and the City. In the event that Contractor requests and obtains permission from any property owner(s) to utilize their property(ies) for additional storage or staging, Contractor shall promptly submit to the City, and before utilizing any such property(ies) for storage or staging, written permission on behalf of said property owner(s). At the City’s sole discretion, and before Contractor commences use of any such property(ies) for storage or staging, the City may require that the property owner(s) sign a release of liability/waiver form exonerating the City of responsibility for any liability or damage, including, without limitation, death, personal injury or property damage, associated with such use of his/her/its property(ies).

Storage sites may require special use permits issued by local and regional agencies. The Contractor is responsible to pay for and secure all permits and to revegetate any areas which may have been disturbed by the Contractor’s use of the sites.

Storage and staging areas shall be maintained in strict accordance with the Storm Water Pollution Prevention Plan for the project, as approved by the Regional Board. Under no circumstances shall the Contractor violate any of the terms of the plan. In the event the Regional Board or TRPA issues fines or stop work orders, it shall be the Contractor’s sole responsibility to pay the fines, whether issued to the City or Contractor and no additional calendar days will be granted as a result of failure to satisfy the requirements of the Regional Board or TRPA.

In the event that Contractor chooses to utilize storage and staging areas or additional storage and staging areas, including, without limitation, private property(ies), Contractor agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its officials, officers, City Council members, employees, agents, the, the Project Manager and the Project consultants, and their respective principals, officers and employees, and each of them, of and from any and all claims, demands, suits, causes of action, damages, costs, expenses, attorneys' fees, losses, or liability, in law or in equity, of every kind and nature whatsoever related to, arising out of, or in connection with, the use of said storage and staging areas or additional storage and staging areas. The obligations of defense and indemnity set forth in this Section, and in the Contract Documents, shall not be limited by any insurance requirements or obligations pursuant to the Contract Documents. The obligations arising from this Article shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity (including all duties to defend), 141
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which would otherwise exist as to a party or person described elsewhere in the Contract Documents.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved; no additional compensation will be allowed therefor.

5.7 DUST CONTROL
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

The Contractor shall prevent the generation of dust due to his operations in the construction zones, along the haul routes, or equipment parking zones. This may consist of water sprinkling, applying dust palliative or an equivalent service, provided it is not in conflict with requirements of any agency's water quality regulations having jurisdiction in that area.

The Contractor shall endeavor, whenever possible, to restrict the use of water to control dust nuisance due to the current need to conserve water.

In the event the control of dust is not satisfactory to the City, the City shall take such measures as may be necessary to insure satisfactory dust control and deduct the cost of measures from any payments due the Contractor.

Dust control shall be in strict accordance with the Storm Water Pollution Prevention Plan for the project, as approved by the Regional Board. Under no circumstances shall the Contractor violate any of the terms of the plan. In the event the Regional Board or TRPA issues fines or stop work orders, it shall be the Contractor’s sole responsibility to pay the fines, whether issued to the City or Contractor and no additional calendar days will be granted.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work either inside or outside the rightof-way. Full compensation for such dust control will be considered as included in the prices paid for the various items of work involved; no additional compensation will be provided therefor.

5.8 WASTE MATERIAL
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

All waste material shall become the property of the Contractor and shall be disposed of at a site approved by all local and regional agencies.

Storage, removal, and disposal of waste material and revegetation of storage areas shall be the responsibility of the Contractor.

If the Contractor elects to dispose of materials at locations other than those where arrangements have been made by the City, or, if material is to be disposed of and the City 142
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has not made arrangements for disposal of the material, the Contractor shall make arrangements for disposing of the materials outside the public street/ right of way and/or City owned property and shall pay all costs involved. Arrangements shall include, but not be limited to, entering into agreements with property owners and obtaining necessary permits, licenses and environmental clearances. Before disposing of any material outside the public street right of way and/or City owned property, the Contractor shall furnish to the Engineer satisfactory evidence that the Contractor has entered into agreements with the property owners of the site involved and has obtained the permits, licenses and clearances.

When any material is to be disposed of outside the public street right of way and/or City owned property, and the City has not made arrangements for disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on the property. Before any material is disposed of on such property, the Contractor shall obtain written permission from the Engineer to dispose of the material at the location designated in the authorization.

When material is disposed of as above provided and the disposal location is visible from a public street, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer.

Where the City has made arrangements with owners of land in the vicinity of a project for the disposal of materials on an owner's property, the arrangements are made solely for the purpose of providing all bidders an equal opportunity to dispose of the materials on the property. Contractor may, upon written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained, which may be exercised by a Contractor under the arrangements, subject to and upon the conditions hereinafter set forth.

Such arrangements are not a part of the Agreement and it is expressly understood and agreed that the City assumes no responsibility to the Contractor whatsoever in respect to the arrangements made with the property owner to dispose of materials thereon and that the Contractor shall assume all risks in connection with the use of the property, the terms upon which the use shall be made, and there is no warranty or guaranty, either express or implied, as to the quantity or types of materials that can be disposed of on the property.

In those instances in which the City has compiled “Materials Information” as referred to in the Standard Specifications, the compilation will include the documents setting forth the arrangement made with some of the property owners for the disposal of material on those owners’ properties. The inclusion of the documents therein shall not in any respect operate as a waiver of any of the provisions in this Section 5.8 concerning the documents.

The Contractor is cautioned to make such independent investigation and examination as the Contractor deems necessary to be satisfied as to the quantity and types of materials 143
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which may be disposed of on the property and the rights, duties and obligations acquired or undertaken under the arrangement with the property owner.

Notwithstanding that the Contractor may elect to dispose of materials on any such property owner's property, no material may be disposed of on that property unless the Contractor has first either:
(1) Executed a document that will guarantee to hold the owner harmless from all claims for injury to persons or damage to property resulting from the Contractor’s operations on the property owner’s premises and also agree to conform to all other provisions set forth in the arrangement made between the City and the property owner. The document will be prepared by the Engineer for execution by the Contractor, or
(2) Entered into an agreement with the owner of the disposal site on any terms mutually agreeable to the owner and the Contractor; provided that the Contractor shall furnish to the Engineer a release, in a form satisfactory to the Engineer, executed by the owner, relieving the City of any and all obligations under the City’s arrangement with the owner.
(3) Acquired written permission from the Tahoe Regional Planning Agency if the material is to be disposed of within the Tahoe Basin.

If the Contractor elects to dispose of material under (1), the use of the site shall be subject to the terms, conditions and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the contract sufficient to cover the charges for the material disposed of.

If the Contractor elects to dispose of material under (2), the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor and deductions will not be made from any moneys due or that may become due the Contractor under the contract to cover the charges.

Before acceptance of the Agreement, the Engineer may require the Contractor to submit written evidence that the owner of the disposal site is satisfied that the Contractor has satisfactorily complied with the provisions of either - (1), the arrangement between the City and the owner, or (2), the agreement between the owner and the Contractor, as the case may be.

The Contractor shall notify the City’s Authorized Representative immediately in the event that any soil is contaminated by the Contractor's operations and shall furnish to the City’s Authorized Representative satisfactory evidence that an agreement has been entered into with the property owners of the waste disposal site to receive this contaminated soil.

Waste Material shall be disposed of and treated in strict accordance with the Stormwater Pollution Prevention Plan (SWPPP) for the project, as approved by the Regional Board. A 144
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copy of the plan is available for download from the City’s Planet Bids website for this project. Under no circumstances shall the Contractor violate any of the terms of the plan.

In the event the Regional Board or TRPA issues fines or stop work orders, it shall be the Contractor’s sole responsibility to pay the fines, whether issued to the City or Contractor and no additional calendar days will be granted.

Disposal of Hazardous Materials must comply with all legal requirements, including but not limited to containerization, labeling, manifesting, transportation, disposal site, and use of properly trained personnel.

Full compensation for all costs involved in disposing of materials as specified in this Section 5.8, including all costs of hauling, shall be considered as included in the price paid for the contract item of work involving the materials; no additional compensation will be allowed therefor.

Full compensation for storage, removal, and disposal of waste material and petroleum products shall be considered as included in the prices paid for various contract items; no additional compensation will be allowed therefor.

5.9 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue to work in unaffected areas reasonably believed to be safe, and shall immediately cease work in the affected area and report the condition to the City’s Authorized Representative in writing.

In accordance with Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of such asbestos or hazardous substance will be performed by separate contract.

If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for such delay as provided in the Contract Documents.

The Contractor shall notify the City’s Authorized Representative immediately in the event that any soil is contaminated by the Contractor's operations and shall furnish to the City’s Authorized Representative satisfactory evidence that an agreement has been entered into with the property owners of the waste disposal site. All soil areas subjected to disturbance by the Contractor shall be scarified and revegetated after project completion with seed mixes approved by the City’s Authorized Representative.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved; no additional compensation will be allowed therefor. 145
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5.10 JOBSITE SANITARY FACILITIES
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

Temporary sanitation facilities shall be provided on all construction sites. Failure to maintaining such facilities will result in a stop work order until such facilities are provided.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved; no additional compensation will be allowed therefor.

5.11 SUBMITTALS
In addition to the requirements set forth in the Standard Specifications, the following shall be applicable to this Project:

In accordance with the provisions of section 3400 of the California Public Contract Code, the Contractor will be provided a period of not less than 35 days after award of the contract for submission of data substantiating a request for a substitution of “an equal” item.

The Contractor must provide the Submittals required below to the City’s Authorized Representative within five (5) working days of receipt of Notice to Proceed. ¾ Name and address of the authorized representative of the Contractor that will receive all written notices under this contract.
¾ Construction Schedule in conformance with requirements specified within Document 01300, “Construction Progress Documentation,” of the Contract Documents. ¾ Stormwater Pollution Prevention Plan (SWPPP), complete and revised as necessary for review and approval by the City, State, and TRPA.
¾ Equipment list of all equipment to be used on the project site with the date of the last maintenance and receipt of “steam” cleaning prior to the delivery to the project site, in accordance with TRPA requirements.
¾ Temporary Erosion Control Plan that shall include the locations and description of erosion measures and daily cleanup measures in accordance with all Federal, State, and local agency regulations, Plans, and these Special Provisions. The Contractor’s Temporary Erosion Control Plan shall also detail where temporary erosion control measures will be placed in any area to be used to store the Contractor’s materials, equipment, and supplies. The Plan is subject to TRPA, City, and State review and approval.
¾ Traffic Control Plan for the Engineer’s review. The Contractor shall adhere to the requirements specified in Section 10-1.15, “TRAFFIC CONTROL,” of these Special Provisions, Standard Plans (Caltrans, 2010 Edition), and MUTCD. The Contractor 146
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is responsible for attaining all necessary reviews and/or approvals, including the City and TRPA.
¾ Control of Water Plan (see Section 10-1.06 of these Special Provisions). ¾ Trench shoring plan (if needed)
¾ AC Quality Control Plan
¾ AC Patching Plan
¾ Dewatering Plan (if needed)
The City’s Authorized Representative will review and work with the Contractor cooperatively to approve the Contractor’s submittals. The Contractor shall schedule the pre-grade inspection by TRPA within ten (10) calendar days of Contractor’s receipt of Notice to Proceed. Contractor shall install Temporary Erosion Control measures within ten (10) calendar days of Contractor’s receipt of Notice to Proceed and prior to the pre-grade inspection with TRPA. The ten (10) calendar days required for submittal and temporary erosion control approvals have been included in the Contract Time required for performance of the Work, and shall be identified and shown in Contractor’s Baseline Schedule.

The Contractor must provide the Submittals as required in the Special Provisions and those listed below to the City’s Authorized Representative for review and approval a minimum of 10 calendar days before use, installation, or construction; submittals include, but are not limited to the following:
¾ Contractor must submit AC mix design and testing in accordance with Section 10-

1.40 “ASPHALT CONCRETE” (also known as, Hot Mix Asphalt (HMA)), of these Special Provisions.
¾ Contractor must submit concrete mix designs in accordance with Section 90 “PORTLAND CEMENT CONCRETE” of the Standard Specifications, and Section 10-1.42, "CONCRETE STRUCTURES", of these Special Provisions. ¾ Fabricated Steel products
¾ Reinforcing Steel (made in the USA documentation).
¾ Gradation of all Drain Rock, Rock Rip-Rap, Aggregate Base, Decomposed Granite, or other imported aggregate materials that are proposed for use on the Project, from each supplier that the Contractor proposes to use for each of the materials. ¾ Storm drain pipe
¾ Electrical Submittals in accordance with Section 10-1.44 “ELECTRICAL” of these Special Provisions
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¾ Landscaping Submittals in accordance with Section 10-1.45 “REVEGITATION AND LANDSCAPING” of these Special Provisions
¾ Staging Area Restoration Plan in accordance with Section 10-1.47 “RESTORATION OF PUBLICLY-OWNED STAGING AREA” of these Special Provisions ¾ Utility relocation submittals as required by specifications.

No mobilization payments will be made until all of the above submittals have been reviewed and approved by the City’s Authorized Representative. When weekly schedule update submittals are required, the provisions regarding this submittal and progress payments shall be in accordance with Section 8.3 (“Construction Schedule, Completion and Liquidated Damages”) of the Special Provisions and Document 01300, “Construction Progress Documentation”.

Approval of all submittals by the City’s Authorized Representative does not relieve the Contractor of his responsibility to perform the work in an acceptable manner and in accordance with the Contract Documents.

The Contractor shall provide two (2) copies of submittals for materials to be used in performance of the Work.

5.12 CONTRACTOR RESPONSIBILITIES
In addition to the requirements set forth in the Standard Specifications, as modified by the Special Provisions and Contract Documents, the following shall be applicable to this Project. In the event of a conflict with respect to any of the provisions in the Standard Specifications or any other Contract Document, the more strict and stringent responsibility, requirement or standard shall apply.

5.12.1 GENERAL
(A) Contractor must supervise and direct the Work, using its best skill and attention. (B) Contractor is solely responsible for all construction means, methods, techniques, operations, sequences and procedures, and for coordinating all portions of the Work.
(C) Contractor is responsible to City for the acts and omissions of Contractor’s employees, subcontractors, suppliers, their agents and employees, and all other persons performing any Work pursuant to a contract with the Contractor. (D) Contractor will not be relieved from its obligations to perform the Work in accordance with the requirements of the Contract Documents, either by the activities or duties of City or City’s Consultants in their administration of the Agreement, or by inspections, tests, acceptance, or approvals required or performed by persons other than Contractor.
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(E) Contractor must at all times enforce good order and discipline among its employees, and must not employ on the Work, anyone not skilled in the task assigned. (F) Contractor warrants to City that all materials and equipment provided pursuant to the Agreement are new unless otherwise specified, and that all Work is of good quality, free from faults and defects and in conformance with the requirements of the Contract Documents. All Work not conforming to these requirements, including substitutions not properly accepted and authorized by City’s Authorized Representative may be considered defective. Upon request at any time, Contractor must furnish evidence, satisfactory to City, demonstrating the quality of installed materials and equipment.
(G) Unless otherwise provided in the Contract Documents, the Contractor must provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary of permanent and whether or not incorporated or to be incorporated in the Work. (H) Contractor has charge and care of all Work and all materials to be used therein (including materials for which Contractor has received partial payment or materials which have been furnished by City) until acceptance of the Work. Contractor bears the risk of injury, loss, or damage to any part thereof by the action of the elements or from any other cause, whether arising from the performance or nonperformance of the Work, except as otherwise expressly provided.
(I) Contractor must rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials by any cause before completion and acceptance.
(J) Contractor must provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. Suspension of the Work from any cause whatever will not relieve Contractor of responsibility for the Work and materials as herein specified.
(K) Contractor must properly store materials which have been partially paid for by City or which have been furnished by City. Such storage by Contractor is on behalf of City who shall at all times be entitled to the possession of such materials.

Contractor must promptly return such materials to the project site when requested.

Contractor must not dispose of any of the materials so stored except upon City’s written authorization.

5.12.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS

BY THE CONTRACTOR
(A) The Contractor must carefully study and compare the requirements of the Contract Documents with each other and must advise the City, in writing, of any errors, inconsistencies or omissions discovered. If the Contractor performs any Work knowing it involves a recognized error, inconsistency or omission in the 149
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requirements of the Contract Documents, without such notice to the City, the Contractor assumes responsibility for such performance and will bear the cost for correction.
(B) The Contractor must take field measurements and verify field conditions and must compare such field measurements, conditions and other related information known to the Contractor with the requirements of the Contract Documents before beginning the Work.

5.12.3 ACCESS TO WORK
(A) The Contractor must provide City continuous access to the Work.

5.12.4 USE OF PROJECT SITE
(A) Contractor must confine operations at the project site to areas permitted by law, ordinances, permits and the Contract Documents, and must not unreasonably encumber the project site with any materials, equipment, temporary structures, or temporary measures.
(B) Contractor’s employees, or others subject to the Contractor’s control, are not permitted to reside on the Project site in temporary living facilities.

5.12.5 WORKPLACE ENVIRONMENT
(A) The use or possession of alcohol, weapons, or illegal controlled substances by the Contractor, or others subject to the Contractor’s control, on City property is prohibited.
(B) The Contractor must ensure and maintain a workplace environment free of personal harassment and intimidation.
(C) Conduct that creates an intimidating, hostile, or offensive workplace environment is prohibited. Such conduct includes, but is not limited to, the following:
(1) Verbal harassment, e.g., epithets, derogatory comments or slurs; (2) Physical harassment, e.g., assault, impeding or blocking movement, gestures, staring, or any physical interference with normal work or movement; and
(3) Visual forms of harassment, e.g., derogatory posters, letters, poems, graffiti, cartoons, or drawings.
(D) Unwelcome and unwanted sexual advances constitute sexual harassment that is prohibited. For example, requests for sexual favors and verbal or physical conduct of sexual nature are prohibited.
(E) It is the responsibility of the Contractor to:
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(1) Inform its employees and subcontractors that behavior that creates an intimidating, hostile, or offensive workplace environment is prohibited; (2) Create a workplace environment that is free from harassment; and, (3) Take corrective action to stop prohibited behavior/conduct. (F) If, in the opinion of the City’s Authorized Representative, any employee of the Contractor or any of its subcontractors, violate the prohibitions as set forth herein, Contractor must immediately remove that person or subcontractor from the Project upon City’s request, and such person or subcontractor must not be permitted to perform further Work on the project site.

5.12.6 DISRUPTION OF CITY’S NORMAL OPERATIONS
(A) Contractor must give timely advance notice to City of Work that is likely to be disruptive to City’s normal operations at or near the project site. If Contractor does not so advise City, City has the right to temporarily suspend Contractor’s Work or to require Contractor to modify its Work operations to eliminate any disruption, and Contractor is not entitled to any adjustment in the Contract Sum or Contract Time for any delay or additional costs associated therewith.

5.12.7 ORDER OF WORK
(A) Contractor must follow any sequence of operations required by the Contract Documents.
(B) Full compensation for conforming to such requirements will be considered as included in the process paid for the various items of Work; no additional compensation will be allowed therefor.

5.12.8 CLEANUP
(A) Contractor must continuously keep the Project site and surrounding areas from waste materials and/or rubbish caused by its operations or rubbish from any source that accumulates within the project site and any other area designated by the City’s Authorized Representative for use by the Contractor.
(B) When cleanup is paid for as a separate Bid item, full compensation for such work must be included in the Bid price for cleanup.
(C) When the Bid price is a lump sum, or there is no unit price item for cleanup, full compensation for cleanup will be considered to have been included in the various items of Work.
(D) Contractor must, before certifying that the entire Work of the project is complete, clean material storage sites and all ground occupied of affected in connection with the Work or designated portion of the Work, and must leave all parts of the Project in a neat and presentable condition satisfactory to City’s Authorized Representative.
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(E) Upon completion of the Work or any designated part thereof, Contractor must promptly remove all its waste materials, rubbish and debris, and all its tools, construction equipment, machinery and surplus materials from the Project area or the completed part.
(F) If the Contractor fails to clean up as required by the Contract Documents, City may do so and the costs thereof will be charged to the Contractor and deducted from Progress payments due or to become due to the Contractor.

5.12.9 RESERVED

5.12.10 WORKER’S SANITARY PROVISIONS & USE OF CITY’S FACILITIES (A) Contractor must conform to the rules and regulations for sanitary provisions established by the State, the City of South Lake Tahoe, and any other applicable jurisdictions.
(B) Contractor must Provide and maintain toilets for use by its employees and the employees and representatives of the City. These accommodations must be maintained in a neat and sanitary condition, and must comply with all applicable laws, ordinances and regulations pertaining to public health and sanitation. (C) Contactor’s personnel must not use City’s facilities without City’s express written permission, which will be at City’s sold discretion. Such City’s facilities include but are not limited to toilet facilities, food service facilities (cafeteria and coffee shop), utilities services of any kind, carts, fire extinguishers (except in emergencies), parking, storage space and any other facilities and services.

5.12.11 CUTTING AND PATCHING
(A) Contractor is responsible for all cutting, fitting, or patching required to complete the Work or to make its parts fit together properly.
(B) Contractor must not damage or endanger any portion of the Work, or the work of City or any separate contractors, by cutting, patching or otherwise altering any work.
(C) Contractor must not cut or otherwise alter the work of City or any separate contractor except with the written consent of City and such separate contractor.

Contractor must not unreasonably withhold from City or any separate contract its consent to cutting or otherwise altering the Work.
(D) Cutting and Patching by Others: The Contractor is responsible for any and all cutting, fitting and patching required to complete Contractor’s Work or joint its Work with the work of others, except as otherwise specifically provided for in the Contract Documents.
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5.12.12 PATENTS
(A) Contractor must assume all costs arising from the use of patented materials, equipment, devices or processes used on or incorporated in the Work, and must indemnify and hold harmless City and City’s authorized representatives and Consultants, from all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, devices or processes.

5.12.13 NON-WAIVER
(A) Neither acceptance of, nor payment for the Work or any part thereof, nor any extension of the Contract Time, nor any possession or use by City, will operate as a waiver of any of the provisions of the Contract, nor will a waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. (B) Conformance with any provisions in one part of the Contract Documents will not relieve Contractor from its responsibilities as set forth elsewhere in the Contract Documents.

5.12.14 UNFAIR BUSINESS PRACTICES CLAIMS
(A) The Contractor’s attention is directed to the following provisions of the Public Contract Code §7103.5 and Government Code §4550 through §4554, which are applicable to the Contractor and its Subcontractors: In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have pursuant to Section 4 of the Clayton Act (15 I.S.C. Sec. 15) or pursuant to the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

5.12.15 STANDARDS FOR WORK & MATERIALS
(A) Work: The Work must comply with all governing codes, including standards referred to by such codes and the Contract Documents, except said requirements are considered as minimum. When the Contract Documents call for materials of higher quality or performance, or larger sizes or capacity than required by said codes or standards, the requirements of the Contract Documents take precedence.

This requirement does not operate to allow deviations from minimum code requirements.
(B) Materials: Material specified by reference to the number, symbol or title or a specific standard, such as a commercial standard, a Federal specification, a trade association standard, or other similar standard, must comply with the requirements thereof.
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(C) References: Standards referred to, except as modified in the Contract Documents, have full force and effect as though printed in the Contract Documents. Standards are not repeated, because Contractor and its subcontractor and suppliers are expected to be familiar with requirements governing or applicable to their work. (D) Intent: The Work of this Agreement includes the furnishing of all labor, materials, equipment, tolls, supervision, services and all other items needed to complete all the Work in accordance with the requirements of the Contract Documents. The Work encompasses all materials, labor, etc., not specifically mentioned in nor depicted by the Contract Documents, but that can reasonably be inferred as being necessary for complete performance of the Work.

5.12.16 CONFORMITY WITH CONTRACT DOCUMENTS &

ALLOWABLE DEVIATIONS
(A) The Contract Documents show such information as reasonably needed to convey a comprehensive idea of the Work contemplated. All authorized alterations affecting the requirements and information in the Contract Documents must be in writing. (B) Work and materials must conform to the requirements of the Contract Documents including but not limited to the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown on the Drawings or indicated in the Project Manual. Although measurement, sampling, and testing may be considered evidence as to such conformity, City’s Authorized Representative is the sole judge as to whether the Work or materials deviate from the requirements of the Contract Documents, and the decision of the City’s Authorized Representative as to any allowable deviation therefrom is final.
(C) If the City notifies Contractor of any observed noncompliance with the requirements of the Contract Documents, Contractor must take immediate corrective action upon receipt of such notice. Such notice, when delivered to Contractor at the project site, is sufficient for the purpose of notification. (D) If Contractor fails or refuses to promptly comply with any notice of noncompliance, City may, in addition to other remedies provided by law and/or the Contract Documents, issue an order to the Contractor to suspend part or all of the Work until Contractor has taken satisfactory corrective action. No part of the costs or time expended by Contractor or its Subcontractors due to such order to suspend Work shall be made the subject of a dispute or claim against City for extension of the Contract Time, Contract Sum, or for excess costs or damages of any kind. (E) Contractor must follow any required sequence of operations set forth in the Contract Documents.

END OF SECTION 5
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SECTION 6: CONTROL OF MATERIALS

6.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 6, “Control of Materials”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project. (B) Delete the third paragraph at Section 6-1.01, “General”, of the Standard Specifications, and insert the following: “All materials incorporated into the Work shall be new, unless otherwise directed, in advance, by the Engineer in writing.” (C) Delete the first paragraph of Section 6-1.05, “Specific Brand or Trade Name and Substitution”, of the Standard Specifications, and replace with the following:

Except as set forth in Article 2.13 of Document 00100 (“Notice to Bidders”) and/or the Contract Documents, and subject to the requirements of Public Contract Code section 3400, a reference in the Contract Documents to specific brand or trade name establishes a quality standard and is not intended to limit competition. Subject to Section 5.11 of the Special Provisions, and except as otherwise set forth in the Contract Documents and Article 2.13 of Document 00100 (“Notice to Bidders”), you may request permission from the City in accordance with the Contract Documents (and California law) to use a product that is equal to or better than the specified brand or trade name if authorized.
(D) Insert at the end of the second paragraph of Section 6-1.05, “Specific Brand or Trade Name and Substitution”, of the Standard Specifications, the following: “4.

Satisfies the requirements of Public Contract Code section 3400 and the Contract Documents”.

6.2 WARRANTY/GUARANTY PERIOD
In addition to the requirements set forth at Section 6-3.06, “Guarantee”, in the Standard Specifications, the following shall be applicable to this Project:
(A) Neither the final acceptance, nor payment, nor any provision in the Contract Documents relieves Contractor of responsibility for faulty materials or workmanship. (B) Contractor must guarantee, in accordance with Contract Documents, all workmanship and materials for a period of one year, or as otherwise specified in the Contract Documents, from and after the date of final acceptance of the Work. (C) Contractor may also be required to furnish a written guarantee covering all or certain items of Work for longer periods of time from the date of acceptance of the Agreement. The Work to be guaranteed, the form, and the time limits of the guarantee will be specified in the Contract Documents, including, without limitation, Document 00635 (“Warranty/Guarantee Form”). Said guarantee must be signed and submitted to City before acceptance of the Work. Moreover, Contractor shall, if required by the City, and as a 155
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condition precedent to the City’s obligation to issue final payment, timely procure and submit to the City, a Maintenance and Warranty Bond(s), issued by an admitted surety acceptable to the City, to secure all maintenance obligations arising from its performance of the Contract Documents. Said Maintenance/Warranty Bond(s) shall be in an amount and form as required by, and as acceptable to, the City, but in no event less than 50% of the amount of the Contract Sum unless otherwise directed by the City. (D) The Warranty/Guarantee period begins at the date of final acceptance of the Work, or as otherwise may be determined by the City, in the discretion of the City pursuant to the Contract Documents, in the event that a particular item of equipment is placed in continuous service before the date of acceptance
(E) Contactor must repair or replace all defective Work, together with any other Work affected by the repair or replacement during said guarantee period without expense whatsoever to City.
(F) The aforesaid one-year Warranty/Guarantee period does not in any way limit or waive City’s rights to legal recourse for latent construction defects, pursuant to California Civil Code of Procedure §337.15 nor for patent construction defects pursuant to §337.1. All surety obligations pertaining to the performance of the Work, including obligations under the performance bond, shall continue in full force and effect for so long as any obligation of the Principal remains in accordance with the Contract Documents and under any applicable law.
(G) Approximately sixty (60) calendar days before completion of the entire Work of the Project, Contractor must meet with City regarding Warranty/Guarantee requirements. The City shall establish communication procedures for notifying Contractor of Warranty defects, the type of defect, priorities in remediating defects, time required for Contractor response, and other details deemed necessary by City for execution of the Warranty/Guarantee.
(H) In the event of Contractor’s failure to comply with the requirements of any Warranty/Guarantee required by the Contract Documents within three (3) calendar days after being notified in writing, or sooner in the event of an emergency or if the City determines that the corrective work is urgently required, City may proceed to have the defects repaired and made good at the expense of Contractor who must pay all costs and charges immediately upon demand.
(I) No later than fifteen (15) calendar days from Contractor’s notification to the City that the entire Work of the Project is complete and ready for final inspection, Contractor must submit a Warranty/Guarantee register (master list of Warranties/Guarantees), indicating the individual item of equipment and system for which a warranty or guarantee is required (roofing, doors, sealants, etc.), the pertinent section in the Contract Documents, length of each Warranty/Guarantee, effective dates, Contractor/Subcontractor name, contact person and telephone number.
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(J) In the event of any conflict between the requirements of Section 6-3.06, “Guarantee”, in the Standard Specifications, and Section 6.2 (“Warranty/Guarantee Period”) of the Special Provisions, the more stringent requirement shall apply.

6.3 PERMEABLE MATERIAL
Permeable material shall be Class 1, Type B, in accordance with the provisions of the Standard Specifications.

6.4 CURING COMPOUND
All newly placed concrete shall be cured in accordance with the Standard Specifications.

6.5 RELATIVE COMPACTION
All material testing shall confirm to the provisions of the Standard Specifications. The testing method for relative compaction shall be State of California No. 216. The testing method for maximum dry density shall be in accordance with ASTM D-1557

6.6 PAINTING COLOR OF EXPOSED EQUIPMENT
Painting shall conform to the provisions of the Standard Specifications and these Special Provisions.

In addition, all exposed, newly installed equipment, including but not limited to any exposed galvanized or other metal, electrical cabinets, irrigation controller cabinets, light fixtures and mounting hardware shall be powder coated with a color of midnight green or black green. Contractor must submit product specifications and a color sample for approval by the City’s Authorized Representative. An approved product is Midnight Green EnduraShield IV, Tnemec Semigloss High Build Acrylic Polyurethane Enamel No. 75-J7751.

Contractor must submit product specifications and a color sample for approval by the City’s Authorized Representative.

Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved; no additional compensation will be allowed therefor.

6.7 INSPECTION AND TESTS
Except as otherwise noted in the Contract Documents, the City will make, or cause to be made, all tests and inspections at no additional cost to the Contractor during regular working hours (Monday through Friday 8 a.m. until 5:00 p.m., and excluding Saturdays, Sundays and holidays). However, City shall deduct from any payment due, or to become due, to Contractor, all costs incurred by the City to re-test or re-inspect any material or aspect of the Work if said re-test or re-inspection results arises from conduct or actions for which the Contractor bears responsibility (including the initial failure of any prior test or inspection).
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Should the Contractor work during other than regular working hours (e.g., before 8:00 a.m. or after 5:00 p.m. on a weekday, Saturdays, Sundays or holidays), all overtime costs and/or additional associated costs incurred by the City, for any purpose, will be deducted from payments to the Contractor.

All items covered or all stages of work that are not to remain observable must be inspected and approved before progress of Work conceals portions to be inspected. The Contractor shall notify the City’s Authorized Representative not less than 24 hours (one working day, weekends and holidays excluded) in advance of when such inspection is needed.

In the event that the Contractor requests or requires inspection and/or testing services to be made available by the City on days or times that are not within regular working hours (i.e., Saturdays, Sundays, holidays, or working days before 8:00 a.m. or after 5:00 p.m.), the Contractor shall be responsible to pay, or reimburse the City for, all additional costs and fees associated with providing said inspection and/or testing, including, without limitation, overtime and shift differential costs, incurred by the City. Contractor agrees that any such additional costs and fees may be deducted by the City from Contractor’s subsequent progress payment(s).

The anticipated labor rates for inspection services are as follows:

Resident Engineer:

Flat Rate: $81.30/hour
Resident Inspector:

Non-Holiday Weekday Rates:

Shift 1:

First 4 hours over 8 hours: $44.36/hour
Anything over 12 hours: $79.38/hour
Shift 2:

First 8 hours: $51.45/hour
First 4 hours after 8 hours: $54.32/hour
Anything over 12 hours: $102.90/hour
Saturday Rates:

Shift 1:

First 8 hours: $44.36/hour
Anything over 8 hours: $79.38/hour
Shift 2:

First 8 hours: $54.32/hour
Anything over 8 hours: $102.90/hour
Sunday and Holiday Rates:

Shift 1:

Flat Rate: $158.76/hour
Shift 2:

Flat Rate: $205.80/hour
END OF SECTION 6
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SECTION 7: LEGAL RELATIONS AND RESPONSIBILITY

7.1 GENERAL
(A) The Contractor’s attention is directed to the provisions of Section 7, “Legal Relations and Responsibility”, of the Standard Specifications, as modified by these Special Provisions and the Contract Documents, all of which are applicable to this Project.
(B) In Section 7-1.02K(3), “Certified Payroll Records”, of the Standard Specifications, delete all paragraphs starting with the sentence “You may submit certified payroll records electronically to the mailbox address that correspondence to the district in which the work is located”, and through the following sentence, “For additional information on electronic submission of certified payroll records, go to the Department’s Labor Compliance website”. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City. (C) Insert the following paragraphs at the end of Section 7-1.02K(4), “Apprentices”, of the Standard Specifications:
• Contractor agrees to comply with Chapter 1, Part 7, Division 2, section 1777.5 et seq. of the California Labor Code. These sections require Contractors and subcontractors to employ apprentices in occupations in a ratio of not less than one hour of apprentices work for every five hours of labor performed by a journeyman (unless an exception is granted in accordance with section 1777.5). Only apprentices as defined in section 3077, who are in training under apprenticeship standards and who have written apprentice agreements will be employed on Public Works in apprenticeable occupations. Contractors and subcontractors shall not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color.

Responsibility for compliance with these provisions lies with the prime Contractor for all apprenticeable occupations.
• The Contractor and subcontractor shall apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the Contractor or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected.
• In addition, compliance with California Labor Code section 1777.5 requires all Public Works Contractors and subcontractors to:
(a) Submit contract award information to the applicable joint apprenticeship committee which shall include an estimate of journeyman 159
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hours to be performed under the contract, the number of apprentices to be employed, and the apprentices will be employed. Use DAS 140 form available from the Office of the City Engineer.
(b) Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeymen and apprentices.

Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, PO Box 603, San Francisco, CA 94101.
(c) A Contractor subject to the statutory 1:5 ratio is obligated to employ apprentices and must request the dispatch of apprentices from the Joint Apprenticeship Committee of the apprenticeable craft or trade in the area of the site of the public work.
• If the Joint Apprenticeship Committee (JAC) refuses to dispatch apprentices to a Contractor who has not voluntarily agreed to observe the JAC's Apprenticeship Standards, the Contractor's duty to employ apprentices in the 1:5 ratio has been met. If the JAC dispatches apprentices to a requesting Contractor, the Contractor must employ those apprentices in accordance with the 1:5 ratio.
• In the event a Contractor or subcontractor willfully fails to comply with the provisions of Labor Code section 1777.5 may result in the loss of the right to bid on all Public Works projects for a period of one to three years or the imposition of a civil penalty of $50.00 for each calendar day of noncompliance. Note that section 1777.5 of the Labor Code shall not apply to contracts of general Contractors or to contracts of specialty Contractors not bidding for work through a general or prime Contractor, when the contracts of general Contractors or those specialty Contractors involving less than thirty thousand dollars ($30,000) or 20 working days. Also, any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the hourly ratio required by section 1777.5.
• Additional information on the Apprenticeship Standards is available at: http://www.dir.ca.gov/DLSR/PWD/Apprentice.htm.
(D) Attention is directed to the requirements specified in Section 7-1.02K(5), “Working Hours”, of the Standard Specifications. Any penalties shall be forfeited by the Contractor in accordance with the provisions of section 1810 of the Labor Code. (E) Insert the following paragraph at the conclusion of Section 7-1.02K(6)(b), “Excavation Safety”, of the Standard Specifications:
• As required by section 6705 of the California Labor Code, and in addition thereto, whenever work under the Agreement involves the excavation of any trench or trenches five (5) feet or more in depth the 160
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Contractor shall submit to City for acceptance, or to a registered civil or structural engineer employed by the City to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs, therefore, shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the City, Engineer, or any of their officers, agents, representatives, or employees.

The Contractor shall submit trench shoring plans and calculations to the City that are certified (sealed) by a professional qualified civil engineer or structural engineer before excavation of any trench that is five (5) feet or more in depth.
(F) At Section 7-1.08, “Personal Liability”, of the Standard Specifications, insert the phrase “, or past or current member of the City Council,” between the words “district” and “shall”.

7.2 SOUND CONTROL REQUIREMENTS
Any normal construction activities creating noise in excess of the Tahoe Regional Planning Agency (TRPA) noise standards shall be considered exempt from said standards provided all such work is conducted between the hours of 8:00 a.m. and 6:30 p.m., Monday through Friday, holidays excluded. Any construction activities conducted between the hours of 6:30 p.m. and 8:00 a.m., Saturday, Sunday, and holidays, shall comply with the noise standards applicable to the corresponding TRPA Plan Area Statement. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.

7.3 RIGHTS IN LAND AND IMPROVEMENTS
Caltrans highway right of way and the City right-of-way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work. Portions of certain City-owned parcels adjacent to the right of way are available for the use of the Contractor as designated on the contract plans. If the Contractor requires additional sites for storage of materials or equipment it is his responsibility to negotiate with private property owners for additional storage areas, and obtain all required permits from local and regional agencies. 161
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Storage sites referenced in the paragraph above may require special use permits issued by local and regional agencies. The Contractor also shall be responsible for the securing of permits, payment of all fees, and revegetating all areas that may have been disturbed by the Contractor’s use of the sites. Storage and staging areas shall be maintained in strict accordance with the Storm Water Pollution Prevention Plan for the project, as approved by the Regional Board. Under no circumstances shall the Contractor violate any of the terms of the plan. In the event the Regional Board or TRPA issues fines or stop work orders, it shall be the Contractor’s sole responsibility to pay the fines, whether issued to the City or Contractor and no additional calendar days will be granted.

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

7.4 CONTRACTS FOR DIGGING TRENCHES; REQUIREMENTS
Pursuant to the requirements of Public Contract Code section 7104, the following requirements shall be applicable to the Project in the event that the Work involves digging trenches or excavations that extend deeper than four feet below the surface:

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

Upon receipt of notice from the Contractor, the City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract.

In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting 162
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parties. Contractor has no right to an adjustment in Contract Time or Price after acceptance of final payment.

7.5 PREVAILING WAGE
In addition to the requirements set forth in Section 7-1.02K(2), “Wages”, of the Standard Specifications, the following shall be applicable to this Project:

The Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. The wage rates determined by the Director of Industrial Relations refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for the work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. Such predetermined wage rates at the time of the bid advertisement date of the project shall be effective for the life of the contract.

7.6 PREVAILING WAGE DETERMINATIONS
Attention is directed to the minimum wage rate requirements as required by section 1771 of the California Labor Code. Pursuant to section 1773 of the Labor Code, the general prevailing wage rates in El Dorado County have been determined by the Director of the California Department of Industrial Relations.

Attention is directed to the federal minimum wage rate requirements as predetermined by the United States Secretary of Labor. If there is a difference between the minimum wage rate predetermined by the Secretary of Labor and the prevailing wage rate determined by the Director of Industrial Relations for similar classifications of labor, the Contractor and Subcontractor(s) shall pay not less than the higher wage rate.

It is the Contractor’s responsibility to verify the rates listed are accurate at the time of the bid and allow for increases during the course of the contract for those classes which have predetermined increases. Additional information on the prevailing wage rates is available at the following web site: http://www.dir.ca.gov/DLSR/PWD/index.htm.

7.7 TRAVEL AND SUBSISTENCE PAYMENTS
Attention is directed to the requirements of sections 1773.1 and 1773.9 of the Labor Code.

The Contractor shall make travel and subsistence payments to each workman needed to execute the Work in accordance with requirements in said sections 1773.1 and 1773.9.

Such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with said Articles.

To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such 163
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agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids.

Travel and subsistence provisions for the current determinations may be obtained at the following web site: http://www.dir.ca.gov/DLSR/PWD.

7.8 PAYROLL RECORDS
In addition to the requirements set forth in Section 7-1.02K(3), “Certified Payroll Records (Labor Code §1776)”, of the Standard Specifications, the following shall apply to this Project:

In accordance with section 1776(g) of the Labor Code the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with the payroll record requirements in the event of noncompliance. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The prime Contractor shall be responsible for compliance with this section.

In accordance with section 1775 of the Labor Code, the Contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which such worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit through the electronic certified payroll reporting (eCPR) system, as well as to the City.

7.9 LABOR NONDISCRIMINATION
In addition to the requirements set forth in Section 7-1.02K, “Labor Code”, of the Standard Specification, the following shall apply to this Project:

The following notice is included with these Special Provisions as required by Chapter 5 of Division 4 of Title 2, California Code of Regulations:
“NOTICE OF REQUIREMENT FOR NONDISCRIMINATION
PROGRAM (GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7.1.02I(2), “Nondiscrimination”, of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The 164
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