060314 lakeport city council agenda packet

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    Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of theCity Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.

    I. CALL TO ORDER & ROLL CALL: 4:30 p.m.

    A. Budget Workshop Discussion of proposed Fiscal Year 2014/2015 Budget.

    II. PLEDGE OF ALLEGIANCE:

    III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.

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

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

    Calendar portion of this agenda.

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

    B. Warrants: Approve warrant registers from May 14, 2014

    C. Minutes: Approve minutes of the regular City Council meeting of May 20, 2014.

    D. Engineering Department TruckProcurement:

    Approve recommendation to reject all bids received for the EngineeringDepartment truck.

    E. Application 2014-013 Approve Application No. 2014-013 with staff comments for the Lakeport YachtClubs 2014 Cardboard and Duct Tape Regatta to take place July 4, 2014 at LibraryPark.

    F. Valley Toxicology Services Contract: Authorize the City of Lakeport to Contract with Valley Toxicology Services, Inc. toprovide urinalysis/chemical testing services for the Lakeport Police Departmentand authorize the Mayor to sign.

    V. PUBLIC PRESENTATIONS/REQUESTS:

    A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that thesubject is not already on tonights agenda. Persons wishing to address the City Council are required to complete aCitizens Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,

    please state your name and address for the record. NOTE: Per Government Code 54954.3(a), the City Council cannottake action or express a consensus of approval or disapproval on any public comments regarding matters which do notappear on the printed agenda.

    VI. COUNCIL BUSINESS:

    A. City Engineer

    1. Award of USDA Water MeterReplacement Project

    Move to authorize staff to execute the agreement with Vulcan Construction &Maintenance, Inc. in the amount of $957,137.00 for the construction of the USDAWater Meter Replacement Project.

    2. Designation of 20-miunte parkingzones

    Move to adopt the proposed resolution designating the locations of Green Zoneson City streets and rescinding Resolution No. 2296 (2007).

    VII. CITY COUNCIL COMMUNICATIONS:

    A. Miscellaneous Reports, if any :

    VIII. CLOSED SESSION: Conference with Labor Negotiator pursuant to Government Code 54957.6;Name of City Negotiator to Attend Closed Session: Rick Haeg and AdministrativeServices Director Kelly Buendia; Employee Organization: All units

    IX. REPORT OUT OF CLOSED SESSION:

    AGENDAREGULAR MEETING OF THE LAKEPORT CITY COUNCILTuesday, JUNE 3, 2014, 2014City Council Chambers, 225 Park Street, Lakeport, California 95453

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    City Council Agenda of June 6, 2014 Page 2

    X. ADJOURNMENT: Adjourn

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

    The City of Lakeport, in complying with the Americans with Disabilities Act (ADA) , requests individuals who require special accommodations to access, attend and/orparticipate in the City meeting due to disability, to please con tact the City Clerks Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonableaccommodations are provided.

    _______________________________________Hilary Britton, Office Specialist

    http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/http://www.cityoflakeport.com/
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    MINUTESLAKEPORT CITY COUNCIL

    REGULAR MEETINGMay 20, 2014

    I. CALL TO ORDER:ROLL CALL:

    Mayor Parlet called the regular meeting of the City Council of the City ofLakeport to order at 4:30 p.m. with Council Members Tom Engstrom, StaceyMattina, Martin Scheel, and Marc Spillman present.

    A. Examination of Docks The Council moved to Library Park for a walking tour to examine samples of newdock option at Library Park.

    II. CLOSED SESSION: The meeting was adjourned to a closed session at 5:00 p.m. for Conference withLabor Negotiator pursuant to Government Code 54957.6;Name of City Negotiator to Attend Closed Session: Rick Haeg andAdministrative Services Director Kelly Buendia; Employee Organization: Allunits

    III. REPORT FROM CLOSED SESSION: The meeting reconvened to open session at 6:00 p.m. The Mayor advised thatthere was no reportable action from Closed Session.

    IV. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by City Engineer Harter.

    V. ACCEPTANCE OF AGENDA: A motion was made by Council Member Spillman, seconded by Council MemberScheel, and unanimously carried by voice vote to accept the agenda aspresented.

    VI. CONSENT AGENDA:

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

    B. Warrants Approve warrants as listed on Warrant Register dated April 30, 2014.

    C. Minutes Approve minutes of the regular City Council meeting of May 6, 2014.

    D. Application 2014-010 Approve Application No. 2014-010 with staff comments for the Lake CountyChamber of Commerce to hold the following annual events: Memorial Day

    Parade on May 24, 2014; Oktoberfest on October 4, 2014; and Holiday LightedParade on November 29, 2014.

    E. Claims Rejection Deny the claim of Bill Kennedy on the advice of REMIF and the City Attorney.

    F. Fireworks Operations Plan Receive and file annual report including police operation plan for fireworks.

    G. Agreement with PyroSpectaculars

    Approve Production Agreement with Pyro Spectaculars in the amount of$16,500.00 for the annual fireworks production on July 4, 2014, and authorizethe City Manager to execute the agreement.

    Vote on Consent Agenda A motion was made by Council Member Engstrom, seconded by CouncilMember Mattina, and unanimously carried by voice vote to approve theConsent Agenda as posted.

    VII. PUBLIC PRESENTATIONS/ REQUESTS:A. Citizen Input

    B. Presentation RegardingAnnual Fireworks Display

    Tribal Chairman Nicholas Medina and General Manager David Rose fromRobinson Rancheria presented the City a check in the amount of $4000.00 forthe Citys annual fireworks display.

    C. Presentation RegardingCountys Marketing Program

    Alan Flora and Jill Ruzicka gave a presentation regarding the County of LakesMarketing Program.

    VIII. COUNCIL BUSINESS:

    A. City Manager

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    Minutes of the Lakeport City Council Meeting of May 20, 2014 Page 2

    1. Application No. 2014-011 A motion was made by Council Member Scheel, seconded by Council MemberMattina, and carried by voice vote, with Council Members Engstrom andSpillman opposed, to approve Application No. 2014-011 from Logan Weiper fora block party and concert with closure of Main Street on June 7, subject to thefollowing conditions of approval being met by the applicant:

    1. Applicant shall provide written documentation confirming that allbusinesses located on Main Street between 1 st street and 2 nd streetconsent to the closure of Main Street for the event.

    2.

    Applicant shall meet the conditions required by the ABC for approvalfor the Extension of Premises.3. Applicant shall meet all conditions of the Lakeport Fire District. Per the

    Lakeport Fire District, fire apparatus access shall be provided andmaintained throughout the event. Access to be an unobstructed widthof not less than 20 feet, running between 1 st and 2 nd streets.

    4. Applicant shall obtain Lakeport Police Department approval, includinga permit for the consumption of alcoholic beverages, and meet itsconditions, including creating a buffer zone or set back between thestreet closure and the stage and vendors, and having clearly identifiedevent staff on site.

    5. Applicant shall meet County of Lake Health Department conditions. Perthe Health Department, all food vendors must have a temporaryHealth Permit to sell or give away food at the event. Additionally, theevent sponsor must submit their temporary Sponsor Health Permitapplication 14 days prior to the event.

    6. Applicant shall provide an insurance certificate naming the City ofLakeport as an additional insured for the event specified in theapplication and must include a copy of any endorsements. Theminimum coverage amount required is $2,000,000.

    7. Commercial vendors must have a Lakeport business license and shouldbe made aware of the requirement to collect sales tax at the City rate(8%). Applicant will provide a roster of vendors to CDD prior to theevent to ensure vendors are properly licensed.

    8. Applicant shall be required to pay a deposit for all City expenses

    associated with the event in the amount of $1,388.9. Applicant shall address all other staff comments and concerns attachedto the application.

    10. The City Manager is authorized to accept and approve applicantsdocumentation of fulfilment of the conditions.

    B. City Engineer

    1. Speed Zone Study Ordinance A motion was made by Council Member Scheel, seconded by Council MemberMattina, and unanimously carried by voice vote to introduce the proposedordinance amending the current language of Lakeport Municipal Code Chapter10.16 and to reflect a supplementary engineering and traffic surveyed

    performed and set a public hearing for June 17, 2014, for its adoption.C. City Clerk

    1. Lease for New Copy Machine A motion was made by Council Member Scheel, seconded by Council MemberMattina, and unanimously carried by voice vote to authorize staff to enter into alease for a new Ricoh MP C4503 copier/printer/scanner and authorize the CityManager to execute the lease.

    2. Resolution Calling forGeneral Municipal Electionand Requesting Approval forElection Services

    A motion was made by Council Member Spillman, seconded by Council MemberScheel, and unanimously carried by voice vote to adopt the Resolution callingfor and providing for and giving notice of General Municipal Election andrequesting approval of the Lake County Board of Supervisors for ElectionServices to be provided by the county elections official.

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    Minutes of the Lakeport City Council Meeting of May 20, 2014 Page 3

    IX. CITY COUNCIL COMMUNICATIONS:

    A. Miscellaneous Reports: Council Member Spillman attended the LMSA Board meeting to work on theirbudget. He also attended the Fire District meeting, and reported that the newChief will not be installed until next month.

    Mayor Engstrom reported that he will be participating in the Memorial DayParade this weekend.

    Council Member Mattina will attend LAFCO tomorrow. She also attended the

    APC meeting last week where they took a tour of the proposed bikeways. Shereported that there will be two new traffic circles planned for the county; one inUpper Lake and one at Highway 53 and 20.

    Council Member Scheel will attend LAFCO tomorrow. He also reported that theCity will receive $18,000.00 from the Indian Gaming Fund.

    Mayor Parlet attended a Chamber Legislative meeting. He was impressed withthe City of Eurekas Art in the Windows program for empty storefronts. Hesuggested such a program could be attempted in Lakeport.

    City Engineer Harter reported that Cal Recycle will be here Thursday for theannual report and to tour Lakeport Disposals recycling operation.

    Chief Rasmussen: will be at parade.

    Finance Director Buffalo reported that he has been working on the budget, andthat he will distribute an executive summary of the budget next week ahead ofthe budget workshop scheduled for the next meeting.

    Planning Services Manager Britton had nothing to report.

    Public Works Superintendent Grider reported that his department has beenextremely busy. He advised that asphalt for road project has been availablefrom Granite only once or twice a week, which limits the pace of projectedpaving projects. Public Works will be focusing on paving project on 4th, 5 th , anCrawford Streets and hopes to have them paved by the end of the fiscal year.They will get the LMSAs flowers up next week.

    City Manager Silveira reported that the Westshore Swimming Pool soil testing isdone, and that the state signed off on the study. She advised that we may nothave Open Swim this summer, but hopes to offer swim lessons run by ChannelCats. She also attended the League of California Cities meeting.

    X. ADJOURNMENT: Mayor Parlet adjourned the meeting at 7:51 p.m.

    ATTEST APPROVED

    ____________________________________ ___________________________________________HILARY BRITTON, Office Specialist KENNETH PARLET II, Mayor

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    CITY OF LAKEPORTCity Council

    City of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Engineering Department Truck Procurement MEETING DATE: 6/3/2014

    SUBMITTED BY: Margaret Silveira, City Manager

    PURPOSE OF REPORT : Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    The City Council is being asked to reject all bids for the Engineering Department Truck Procurement.

    BACKGROUND:

    The City of Lakeport distributed on February 27, 2014 a Request for Proposal for the procurement of apickup truck for the Engineering Department. All submittals would be accepted until March 20, 2014 at4:00 p.m.

    DISCUSSION:

    The Council is being asked to reject all bids until a new purchasing ordinance is in place and other optionsmay be available for Council consideration.

    The six proposals received are as follows:

    Vendor Location Vehicle Price

    Downtown Ford Sacramento, CA Ford F150 17,238.95

    Corning Ford Corning, CA Ford F150 18,334.19

    Future Auto Center Concord, CA Ford F150 18,542.50

    Ukiah Ford Ukiah, CA Ford F150 18,640.80

    John L. SullivanChevrolet

    Roseville, CA Chevy Silverado 1500 22,482.36

    Kathy Fowler AutoCenter

    Lakeport, CA Chevy Silverado 1500 22,656.90**

    Meeting Date: 06/03/2014 Page 1 Agenda Item #IV.D.

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    ** Price after application of 10% Local Vendor Preference

    OPTIONS:

    Approve to reject all bids.

    Disapprove and select the lowest bidder Downtown Ford in Sacramento.

    No action

    FISCAL IMPACT:None at this time. Account Number: Comments:

    SUGGESTED MOTIONS: Move to reject all bids for the Engineering truck procurement.

    Attachments: 1. Request for proposal

    Meeting Date: 06/03/2014 Page 2 Agenda Item #IV.D.

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    No concerns, this is a great event.

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    From: Tina RubinTo: Hilary BrittonCc: Pheakdey Preciado ; Cheryl Bennett ; Amanda FrazellSubject: RE: Application 2014-013 - Cardboard & Duct Tape RegattaDate: Tuesday, May 27, 2014 1:23:52 PM Attachments: image006.png

    Hello Hilary, Our inspector, Pheakdey Preciado, is out this week and she will send in her response to the Lakeport Yacht Club event. I read over the application and he had listed that there would be no food vendors so therefore, Environmental Health would have no concerns. However, Pheakdey will officially need to respond when she returns. Tina Dawn-RubinEnvironmental Health

    From: Hilary Britton [mailto:[email protected]]Sent: Wednesday, May 21, 2014 5:24 PMTo: Amanda Frazell; Cheryl Bennett; Cynthia Ader; Dale Stoebe; Doug Grider; Ellen Dills; Executive Management; Jason Ferguson; Jim Kennedy; Kevin Odom; Linda Sobieraj; Lori Price; Pheakdey Preciado; Tina RubinSubject: Application 2014-013 - Cardboard & Duct Tape Regatta Please find attached application 2014-013 for the Cardboard & Duct Tape Regatta to be held at Library Park on July 4, 2014. We would like to submit the application for Council approval at the June 17, 2014 meeting, so please have your comments back to me by June 9, 2014.

    Thank you as always for your input and comments. Hilary BrittonOffice SpecialistCity of Lakeport225 Park StreetLakeport, CA 95453(707) 263-5615 [email protected]

    This email checked with McAfee SaaS.

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://cp.mcafee.com/d/avndzhJ5yWaqqqqbNKVJ6WrParNEVs76QrFLcFCzCWa9J6WrParNEVsudETjuv79zCkjpcx6kVRw2HiCmGWvFnRGNDOVKQFBGKDWlZqIpYKrspotoupvW_eec3DDDeLsKyUyPPPMVddwtORQr8EGTKzOEuvkzaT0QSCrjdTV5MQsL8EIFTudTdw0XiCmGWvFnRGNDO-6VOxLhr8iw2zZa_qHs9BHrN6FASOeuKOr1oQAq811po-lJDaI3h0Dt5wLt5AQg5Ph09r50xnoE6y1EQg1PtFCy04WJVEw1vAtDfjrXxK7rg_0Rwhttp://cp.mcafee.com/d/1jWVIi6h8q6jqb5QkQQQQnztPqdQTCkTzhOUedETjupjd7dQkjqdQTCkTzhOUYrhKCY-ej7cECOp2cFPH05mBcJlQ_iLHlzfBPtFjbltfQHWRoPVsSUOMWMYO_R-sso7ffetuVt5N5DDDxOqr0XBHEShhlLt7BgY-F6lK1FJ4SCrLObxEVuhhpjKYrKr9PCJhbcasXJL8lGlVv5J8_j1akONuHFsaWlZqIpUyztN4QsILf6zBVB4sYrDa6Z5Ixa0afQHZGJMCmJL4qCjr8VWX9I5zihEw45BzVmSsGMd42tQm2ZQmjh0nd40BIk25tywq86zh07dSCq80jGTCy05-hSsZdLK6-2aysFQKmailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    CITY OF LAKEPORTCity Council

    City of Lakeport Municipal Sewer DistrictLakeport Redevelopment Successor Agency

    STAFF REPORT

    RE: Valley Toxicology Services Contract MEETING DATE: 06/03/2014

    SUBMITTED BY: Lieutenant J. Ferguson

    PURPOSE OF REPORT: Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    The City Council is being asked to authorize a contract between the City of Lakeport Police Department andValley Toxicology Services, Inc. The contract will be managed by the Police Department and will serve as thedepartment's chemical testing and urinalysis facility for person(s) subject to arrest for Health and Safety Codesection 11550 HS- Person(s) determined to be under the influence of a controlled substance.

    BACKGROUND/DISCUSSION:

    The Police Department does not currently have a designated service provider for urinalysis testing specificallyfor persons who are found to be under the influence of controlled substances such as methamphetamine,cocaine and heroin, all of which are prevalent in Lake County and the City of Lakeport. The Lakeport PoliceDepartment was previously in contract with the California Department of Justice Bureau of Forensic Serviceswhom provided urinalysis services for person(s) arrested for suspected drug use (11550 HS). During mid-year

    2013 the Department of Justice suspended its urinalysis services for basic drug testing due to the large volumeof cases and overload. The Police Department continues to encounter subjects on the streets that are found tobe under the influence of controlled substances; but due to the issues outlined above, Officers are finding itdifficult to deal with these subjects as they are not able to arrest them for the crime of 11550 HS withouturinalysis testing. In order for officers to get prosecution on these charges, the Lake County District Attorneyrequires certified laboratory test results to positively identify the controlled substances in their system.

    With the current rise in criminal activity, the Police Department is tasked with trying to deal with subjects whoare under the influence of drugs and walking our streets and committing various crimes. In the past Officerscould arrest those subjects after determining they were under the influence of drugs and transport them to jail,keeping them off our streets. After obtaining urine tests from those subjects, officers could seek prosecutionwhich, in certain circumstances, led to convictions with 90 days in jail. The Police Department is in need of

    finding solutions to the problem, and reinstating a urinalysis/chemical testing contract could provide thenecessary tools to deal with the problem. We have researched other options; however, Police Managementbelieves the best current option is to contract with Valley Toxicology Services, Inc. We do have the fundingavailable in the current 13/14 budget, as well as the 14/15 estimated budget, but need City Council approval forthe contract.

    The Interim City Attorney and Police Management have reviewed the proposed contract and believe the City'sand the Police Department's interests are protected.

    OPTIONS:

    Approve the contract or provide other direction to staff.

    Meeting Date: 06/03/2014 Page 1 Agenda Item #IV.F.

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    FISCAL IMPACT:

    None $85-100 ea. Budgeted Item? Yes No

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

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

    Comments : There are no startup costs to contract with Valley Toxicology Services, Inc. Prices range from $85.00to $100.00 per urinalysis based on the type of test being requested. There are no additional costs for Expert

    Testimony in court cases. Recommended funding source (110.2010.930.000). Listed cost is based on individualurinalysis tests with no minimum limit per fiscal year.

    SUGGESTED MOTIONS:

    Move to authorize the City of Lakeport to Contract with Valley Toxicology Services, Inc. to provideurinalysis/chemical testing services for the Lakeport Police Department and authorize the Mayor to sign.

    Attachments: 1. Professional Services Agreement with Toxicology Services, Inc.2. Scope of work proposal for contract (Exhibit A)3. Cost analysis for contract (Exhibit B)

    Meeting Date: 06/03/2014 Page 2 Agenda Item #IV.F.

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    CITY OF LAKEPORTCity Council

    City of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Award of USDA Water Meter Replacement Project MEETING DATE: 06/03/14

    SUBMITTED BY: Scott Harter, City Engineer

    PURPOSE OF REPORT : Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    The Council is being asked to authorize the City Manager to execute a contract with Vulcan Construction &Maintenance, Inc. for the completion of the USDA Meter Replacement Project.

    BACKGROUND:

    The bid opening for the subject project was held on April 22, 2014. One bid was received from VulcanConstrction & Maintenance, Inc. in the amount of $957,137. The construction budget in the USDA Outlayreport for the project as of 4/7/14 was $ 881,598. This creates a shortfall in USDA funding of $75,539.Contingency funding is available within the USDA monies, however supplemental funding may be neededfrom the City's water fund.

    Prior to bid, PACE Engineering was coordinating the specifications with thee major meter manufactures inan effort to ensure the bid process was fair, competitive and none were excluded. All three manufacturers,Neptune, Sensus and Badger participated in the review process and expressed an interest in the project. Thebid advertisement time was short, but not unreasonable given the uncomplicated nature of the project. Two

    manufacturers were represented at the bid opening, though only one submitted. Further questioningrevealed that the contractor intending to use Sensus meters was awarded a diferent projct shortly before theCity's project. This award consumed the remaining bonding capacity for the company and they were unableto submit on the City's project. Staff and PACE reviewed the bid and determined that it was competitivelypriced. Re-advertisement of the project was also considered; however, after contacting interested parties it

    was likely that only one bid would be received again. Options were discussed with the City Manger andFinance Director and it was determined that adequate funding is available in the water department to coverthe additional cost if necessary. Staff compiled the bid information packet for USDA's review and receivedapproval of our intent to award the project to Vulcan Construction.

    DISCUSSION: Attached for your information is the Bid Award Information package which includes a summary andanalysis of the bids received as well as a complete copy of the Vulcan Construction & Maintenance, Inc. bid,the response from the USDA RD, Davis office, as well as a copy of the suggested form of agreement thatthe USDA requires the City and Contractor to utilize.

    OPTIONS:

    Authoize the City Manager to execute the approved form of contract with Vulcan Construction &Maintenance, Inc. for the construction of the Water Meter Replacement Project in the amount of $957,137.

    Meeting Date: 06/03/2014 Page 1 Agenda Item #VI.A.1.

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    FISCAL IMPACT:

    None $957,137.00 Account Number: 504.3060.930 Comments: USDA RuralDevelopment funded project with potentially $76,000 local water department funding.

    SUGGESTED MOTIONS:

    Move to authorize staff to execute the agreement with Vulcan Construction & Maintenance, Inc. in theamount of $957,137.00 for the construction of the USDA Water Meter Replacement Project.

    Attachments: 1. USDA suggested form of Agreement2. Letter Approving Award from USDA3. Bid Award Information Packet

    Meeting Date: 06/03/2014 Page 2 Agenda Item #VI.A.1.

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    SUGGESTED FORM OF AGREEMENT

    BETWEEN OWNER AND CONTRACTORFOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

    FUNDING AGENCY EDITION

    THIS AGREEMENT is by and between City of Lakeport (Owner) and

    (Contractor).

    Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

    ARTICLE 1 WORK

    1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work isgenerally described as follows:

    1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    ARTICLE 2 THE PROJECT

    2.01 The Project for which the Work under the Contract Documents may be the whole or only a part isgenerally described as follows:

    1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    ARTICLE 3 ENGINEER

    3.01 The Project has been designed by PACE Engineering, who is to act as Owners representative, assumeall duties and responsibilities, and have the rights and authority assigned to Engineer in the ContractDocuments in connection with the completion of the Work in accordance with the ContractDocuments.

    ARTICLE 4 CONTRACT TIMES

    4.01 Time of the Essence

    A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

    4.02 Days to Achieve Substantial Completion and Final Payment

    A. The Work will be substantially completed within 270 calendar days after the date when the ContractTimes commence to run as provided in Paragraph 2.03 of the General Conditions, and completedand ready for final payment in accordance with Paragraph 14.07 of the General Conditions within300 calendar days after the date when the Contract Times commence to run.

    Exhibit 1

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    100 percent of Engineers estimate of the value of Work to be completed or corrected as shownon the tentative list of items to be completed or corrected attached to the certificate ofSubstantial Completion.

    6.03 Final Payment

    A.

    Upon receipt of the final Application for Payment accompanied by Engineers recommendation of payment in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay Contractoras provided in Paragraph 14.07 of the General Conditions the remainder of the Contract Price asrecommended by Engineer as provided in said Paragraph 14.07, less any sum Owner is entitled to setoff against Engineers recommendation, including but not limited to liquidated damages.

    ARTICLE 7 INTEREST

    7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interestat the maximum legal rate.

    ARTICLE 8 CONTRACTORS REPRESENTATIONS

    8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

    A. Contractor has examined and carefully studied the Contract Documents and the other related dataidentified in the Bidding Documents.

    B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, andSite conditions that may affect cost, progress, and performance of the Work.

    C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations thatmay affect cost, progress, and performance of the Work.

    D. Contractor has carefully studied all: (1) reports of explorations and tests of surface conditions at orcontiguous to the Site and all drawings of physical conditions in or relating to existing surface or

    subsurface structures at or contiguous to the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliabletechnical data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at theSite that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containingreliable technical data.

    E. Contractor has considered the information known to Contractor; information commonly known toContractors doing business in the locality of the Site; information and observations obtained fromvisits to the Site; the Contract Documents; and the drawings identified in the Contract Documents,with respect to the effect of such information, observations, and documents on (1) the cost, progress,and performance of the Work; (2) the means, methods, techniques, sequences, and procedures ofconstruction to be employed by Contractor, including any specific means, methods, techniques,sequences, and procedures of construction expressly required by the Contract Documents; and (3)

    Contractors safety precautions and programs.

    F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor doesnot consider that any further examinations, investigations, explorations, tests, studies, or data arenecessary for the performance of the Work at the Contract Price, within the Contract Times, and inaccordance with the other terms and conditions of the Contract Documents.

    G. Contractor is aware of the general nature of work to be performed by Owner and others at the Sitethat relates to the Work as indicated in the Contract Documents.

    Exhibit 1

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    H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepanciesthat Contractor has discovered in the Contract Documents, and the written resolution thereof byEngineer is acceptable to Contractor.

    I. The Contract Documents are generally sufficient to indicate and convey understanding of all termsand conditions for performance and furnishing of the Work.

    ARTICLE 9 CONTRACT DOCUMENTS

    9.01 Contents

    A. The Contract Documents consist of the following:

    1. This Agreement (Pages 500-1 to 7, inclusive).

    2. Performance Bond (Pages 610-1 to 3, inclusive).

    3. Payment Bond (Pages 615-1 to 3, inclusive).

    4. General Conditions (Pages 700-1 to 62, inclusive).

    5. Supplementary Conditions (Pages 800-1 to 10, inclusive).

    6. Engineers Supplementary Conditions (Pages ESC-1 to 21, inclusive)

    7. Technical Specifications as listed in the table of contents of the Project Manual.

    8. Technical drawings Sheets 1-4.

    9. Addenda (numbers to , inclusive).

    10. Exhibits to this Agreement (enumerated as follows):

    a. Contractors Bid (Pages 00410-1 to 00410-5, including all other pages of the ContractorsBid, through page 00499-2, inclusive).

    b. Documentation submitted by Contractor prior to Notice of Award (Pages to ,inclusive).

    11. The following which may be delivered or issued on or after the Effective Date of the Agreementand are not attached hereto:

    a. Notice to Proceed (pages 550-1 inclusive).

    b. Work Change Directives.

    c. Change Order(s).

    B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly notedotherwise above).

    C. There are no Contract Documents other than those listed above in this Article 9.

    Exhibit 1

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    D. The Contract Documents may only be amended, modified, or supplemented as provided inParagraph 3.04 of the General Conditions.

    ARTICLE 10 MISCELLANEOUS

    10.01 Terms

    A. Terms used in this Agreement will have the meanings stated in the General Conditions and theSupplementary Conditions.

    10.02 Assignment of Contract

    A. No assignment by a party hereto of any rights under or interests in the Contract will be binding onanother party hereto without the written consent of the party sought to be bound; and, specifically butwithout limitation, moneys that may become due and moneys that are due may not be assignedwithout 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 assignmentwill release or discharge the assignor from any duty or responsibility under the Contract Documents.

    10.03 Successors and Assigns

    A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives tothe other party hereto, its partners, successors, assigns, and legal representatives in respect to allcovenants, agreements, and obligations contained in the Contract Documents.

    10.04 Severability

    A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law orRegulation shall be deemed stricken, and all remaining provisions shall continue to be valid and

    binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed toreplace such stricken provision or part thereof with a valid and enforceable provision that comes asclose as possible to expressing the intention of the stricken provision.

    10.05 Contractors Certifications

    A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices incompeting for or in executing the Contract. For the purposes of this Paragraph 10.05:

    1. corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likelyto influence the action of a public official in the bidding process or in the Contract execution;

    2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bidor Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits offree and open competition;

    3. collusive practice means a scheme or arrangement between two or more Bidders, with orwithout the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

    4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of theContract.

    Exhibit 1

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    IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Ownerand Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor oron their behalf.

    This Agreement will be effective on (which is the Effective Date of the Agreement).

    OWNER: CONTRACTOR

    By: By:

    Title: Title:

    (If Contractor is a corporation, a partnership, or a jointventure, attach evidence of authority to sign.)

    Attest: Attest:

    Title: Title:

    Address for giving notices: Address for giving notices:

    City of Lakeport

    225 Park Street

    Lakeport, CA 95453

    License No.:

    (If Owner is a corporation, attach evidenceof authority to sign. If Owner is a public body, attachevidence of authority to sign and resolution or otherdocuments authorizing executionof this Agreement.)

    Agent for service of process:

    Exhibit 1

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    ATTACHMENT TO AGREEMENT

    BETWEEN OWNER AND CONTRACTORFOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

    This attachment is to the Agreement made and entered into on {Insert Date of Contract} , by and between theCity of Lakeport hereinafter Owner and {Insert Name of Contractor} hereinafter called Contractor. ThisContract is for that Work described in the Contract Documents entitled

    1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIRS & RECOATING PROJECT

    This Contract shall not be effective unless and until approved by a delegated representative of USDA RuralDevelopment.

    CERTIFICATE OF OWNERS ATTORNEY

    I, the undersigned,_______________________________________ the duly authorized and acting

    legal representative of____________________________________________, do hereby certify asfollows:

    I have examined the attached Contract(s) and performance and payment bond(s) and the manner ofexecution thereof, and I am of the opinion that each of the aforesaid agreements has been dulyexecuted by the proper parties thereto acting through their duly authorized representatives; that saidrepresentatives have full power and authority to execute said agreements on behalf of the respective

    parties named thereon; and that the foregoing agreements constitute valid and legally bindingobligations upon the parties executing the same in accordance with terms, conditions, and provisionsthereof. I also am of the opinion that the Contractors insurance coverage(s) complies with therequirements of the Contract .

    ____________________________________(Attorneys Signature)

    DATE: ______________________________

    AGENCY CONCURRENCE

    As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of thisAgreement.

    BY:_________________________________ DATE:_____________________________

    TITLE:______________________________

    Exhibit 1

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    Notice of AwardDate: __________________

    Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    Owner: City of Lakeport Owner's Contract No.:

    Contract: Engineer's Project No.:523.31 A

    Bidder:

    Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

    You are notified that your Bid dated for the above Contract has been considered. You arethe Successful Bidder and are awarded a Contract for the construction of the

    1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    The Contract Price of your Contract is Dollars ($ ).

    Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Noticeof Award.

    You must comply with the following conditions precedent within 15 days of the date youreceive this Notice of Award.

    1. Deliver to the Owner four (4) fully executed counterparts of the Contract Documents.

    2. Deliver with the executed Contract Documents the Contract security [Bonds] asspecified in the Instructions to Bidders (Article 20), General Conditions (Paragraph5.01), and Supplementary Conditions (Paragraph SC-5.01).

    3. Other conditions precedent:Failure to comply with these conditions within the time specified will entitle Owner to consider

    you in default, annul this Notice of Award, and declare your Bid security forfeited.

    Within ten days after you comply with the above conditions, Owner will return to you one fullyexecuted counterpart of the Contract Documents.

    City of LakeportOwner

    By:Authorized Signature

    TitleCopy to Engineer

    Exhibit 1

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    Notice to Proceed

    Date: _________________

    Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    Owner: City of Lakeport Owner's Contract No.:

    Contract: Engineer's Project No.:523.31 A

    Contractor:

    Contractor's Address: [send Certified Mail, Return Receipt Requested]

    You are notified that the Contract Times under the above Contract will commence to runon . On or before that date, you are to start performing your obligations under the ContractDocuments. In accordance with Article 4 of the Agreement, the date of Substantial Completionis , and the date of readiness for final payment is [(or) the number of days to achieveSubstantial Completion is , and the number of days to achieve readiness for final payment is

    ].

    Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and otheridentified additional insureds and loss payees) certificates of insurance which each is required to

    purchase and maintain in accordance with the Contract Documents.

    Also, before you may start any Work at the Site, you must:

    __________________________________ [add other requirements].

    City of Lakeport

    Owner

    Given by:

    Authorized Signature

    City Manager

    Title

    Date

    Copy to Engineer

    Exhibit 1

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    PERFORMANCE BOND

    Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

    CONTRACTOR ( Name and Address ): SURETY ( Name, and Address of Principal Place of Business ):

    OWNER ( Name and Address ):City of Lakeport225 Park StreetLakeport, CA 95453

    CONTRACTEffective Date of Agreement:Amount:Description ( Name and Location ): 1.0

    & 1.5 MG POTABLE WATERSTORAGE TANKS REPAIR &RECOATING PROJECT

    BONDBond Number:Date ( Not earlier than Effective Date of

    Agreement ):Amount:Modifications to this Bond Form:

    Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause thisPerformance Bond to be duly executed by an authorized officer, agent, or representative.

    CONTRACTOR AS PRINCIPAL SURETY

    (Seal) (SeContractor's Name and Corporate Seal Suretys Name and Corporate Seal

    By: By:Signature Signature (Attach Power of Attorney)

    Print Name Print Name

    Title Title

    Attest: Attest:Signature Signature

    Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

    Exhibit 1

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    Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

    1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1.

    2. If there is no Owner Default, Suretys obligation under this Bond shall arise after:

    2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, thatOwner is considering declaring a Contractor Default and has requested and attempted to arrange aconference with Contractor and Surety to be held not later than 15 days after receipt of such noticeto discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractorshall be allowed a reasonable time to perform the Contract, but such an agreement shall not waiveOwners right, if any, subsequently to declare a Contractor Default; and

    2.2 Owner has declared a Contractor Default and formally terminated Contractors right to complete theContract. Such Contractor Default shall not be declared earlier than 20 days after Contractor andSurety have received notice as provided in Paragraph 2.1; and

    2.3 Owner has agreed to pay the Balance of the Contract Price to:1. Surety in accordance with the terms of the Contract; or

    2.

    Another Contractor selected pursuant to Paragraph 3.3 to perform the Contract.

    3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Suretys expense,take one of the following actions:

    3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or3.2 Undertake to perform and complete the Contract itself, through its agents or through independent

    Contractors; or3.3 Obtain bids or negotiated proposals from qualified Contractors acceptable to Owner for a contract

    for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the

    Contract Price incurred by Owner resulting from Contractor Default; or3.4 Waive its right to perform and complete, arrange for completion, or obtain a new Contractor, and

    with reasonable promptness under the circumstances:1. After investigation, determine the amount for which it may be liable to Owner and, as soon as

    practicable after the amount is determined, tender payment therefore to Owner; or2. Deny liability in whole or in part and notify Owner citing reasons therefore.

    4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemedto be in default on this Bond 15 days after receipt of an additional written notice from Owner to Suretydemanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce anyremedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the paymenttendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled toenforce any remedy available to Owner.

    5. After Owner has terminated Contractors right to complete the Contract, and if Surety elects to act underParagraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those ofContractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those ofOwner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of theBalance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated withoutduplication for:

    5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

    Exhibit 1

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    5.2 Additional legal, design professional, and delay costs resulting from Contractors Default, andresulting from the actions of or failure to act of Surety under Paragraph 3; and

    5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damagescaused by delayed performance or non-performance of Contractor.

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

    7. Surety hereby waives notice of any change, including changes of time, to Contract or to relatedsubcontracts, purchase orders, and other obligations.

    8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within twoyears after Contractor Default or within two years after Contractor ceased working or within two years afterSurety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions ofthis paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defensein the jurisdiction of the suit shall be applicable.

    9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

    10. When this Bond has been furnished to comply with a statutory requirement in the location where theContract was to be performed, any provision in this Bond conflicting with said statutory requirement shall bedeemed deleted herefrom and provisions conforming to such statutory requirement shall be deemedincorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a commonlaw bond.

    11. Definitions.

    11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract

    after all proper adjustments have been made, including allowance to Contractor of any amountsreceived or to be received by Owner in settlement of insurance or other Claims for damages to whichContractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractorunder the Contract.

    11.2 Contract: The agreement between Owner and Contractor identified on the signature page, includingall Contract Documents and changes thereto.

    11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to performor otherwise to comply with the terms of the Contract.

    11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractoras required by the Contract or to perform and complete or otherwise comply with the other termsthereof.

    FOR INFORMATION ONLY ( Name, Address and Telephone )Surety Agency or Broker:Owners Representative ( Engineer or other party ):

    Exhibit 1

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    PAYMENT BOND

    Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

    CONTRACTOR ( Name and Address ): SURETY ( Name, and Address of Principal Place of Business ):

    OWNER ( Name and Address ):City of Lakeport225 Park StreetLakeport, CA 95453

    CONTRACTEffective Date of Agreement:Amount:Description: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR

    & RECOATING PROJECT

    BONDBond Number:Date ( Not earlier than Effective Date of

    Agreement ):Amount:Modifications to this Bond Form:

    Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do eachcause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

    CONTRACTOR AS PRINCIPAL SURETY

    (Seal) (Seal)Contractor's Name and Corporate Seal Suretys Name and Corporate Seal

    By: By:Signature Signature (Attach Power of Attorney)

    Print Name Print Name

    Title Title

    Attest: Attest:Signature Signature

    Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary.

    Exhibit 1

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    12. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors,administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished

    by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

    13. With respect to Owner, this obligation shall be null and void if Contractor:

    13.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

    13.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suitsalleging non-payment by Contractor by any person or entity who furnished labor, materials,or equipment for use in the performance of the Contract, provided Owner has promptlynotified Contractor and Surety (at the addresses described in Paragraph 12) of any claims,demands, liens, or suits and tendered defense of such claims, demands, liens, or suits toContractor and Surety, and provided there is no Owner Default.

    14. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

    15. Surety shall have no obligation to Claimants under this Bond until:

    15.1

    Claimants who are employed by or have a direct contract with Contractor have given noticeto Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, toOwner, stating that a claim is being made under this Bond and, with substantial accuracy,the amount of the claim.

    15.2 Claimants who do not have a direct contract with Contractor:1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner,

    within 90 days after having last performed labor or last furnished materials or equipmentincluded in the claim stating, with substantial accuracy, the amount of the claim and thename of the party to whom the materials or equipment were furnished or supplied, or forwhom the labor was done or performed; and

    2. Have either received a rejection in whole or in part from Contractor, or not receivedwithin 30 days of furnishing the above notice any communication from Contractor bywhich Contractor had indicated the claim will be paid directly or indirectly; and

    3. Not having been paid within the above 30 days, have sent a written notice to Surety (atthe address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,stating that a claim is being made under this Bond and enclosing a copy of the previouswritten notice furnished to Contractor.

    16. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or toSurety, that is sufficient compliance.

    17. Reserved.

    18. Suretys total obligation shall not exceed the amount of this Bond, and the amount of this Bondshall be credited for any payments made in good faith by Surety.

    19. Amounts owed by Owner to Contractor under the Contract shall be used for the performance ofthe Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing andOwner accepting this Bond, they agree that all funds earned by Contractor in the performance of theContract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject toOwners priority to use the funds for the completion of the Work.

    20. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that areunrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any

    Exhibit 1

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    Claimant under this Bond, and shall have under this Bond no obligations to make payments to, givenotices on behalf of, or otherwise have obligations to Claimants under this Bond.

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

    22. No suit or action shall be commenced by a Claimant under this Bond other than in a court of

    competent jurisdiction in the location in which the Work or part of the Work is located or after theexpiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the lastmaterials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) firstoccurs. If the provisions of this paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

    23. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown onthe signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page.

    24. When this Bond has been furnished to comply with a statutory requirement in the location wherethe Contract was to be performed, any provision in this Bond conflicting with said statutoryrequirement shall be deemed deleted herefrom and provisions conforming to such statutoryrequirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as astatutory Bond and not as a common law bond.

    25. Upon request of any person or entity appearing to be a potential beneficiary of this Bond,Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

    26. Definitions

    26.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the

    performance of the Contract. The intent of this Bond shall be to include without limitation

    in the terms labor, materials or equipment that part of water, gas, power, light, heat, oil,gasoline, telephone service, or rental equipment used in the Contract, architectural andengineering services required for performance of the Work of Contractor and Contractorssubcontractors, and all other items for which a mechanics lien may be asserted in the

    jurisdiction where the labor, materials, or equipment were furnished.26.2 Contract: The agreement between Owner and Contractor identified on the signature page,

    including all Contract Documents and changes thereto.26.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay

    Contractor as required by the Contract, or to perform and complete or otherwise complywith the other terms thereof.

    FOR INFORMATION ONLY ( Name, Address, and Telephone )Surety Agency or Broker:Owners Representative ( Engineer or other ):

    Exhibit 1

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    Certificate of Substantial Completion

    Project: 1.0 & 1.5 MG POTABLE WATER STORAGE TANKS REPAIR & RECOATING PROJECT

    Owner: City of Lakeport Owner's Contract No.:

    Contract: Engineer's Project No.:523.31 A

    This [tentative] [definitive] Certificate of Substantial Completion applies to:

    All Work under the Contract Documents: The following specified portions of the Work:

    Date of Substantial Completion

    The Work to which this Certificate applies has been inspected by authorized representatives of Owner,Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completionof the Project or portion thereof designated above is hereby declared and is also the date ofcommencement of applicable warranties required by the Contract Documents, except as stated below.

    A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of theContractor to complete all Work in accordance with the Contract Documents.

    The responsibilities between Owner and Contractor for security, operation, safety, maintenance,heat, utilities, insurance and warranties shall be as provided in the Contract Documents except asamended as follows:

    Amended Responsibilities Not Amended

    Owner's Amended Responsibilities:

    Contractor's Amended Responsibilities:

    Exhibit 1

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    The following documents are attached to and made part of this Certificate:

    This Certificate does not constitute an acceptance of Work not in accordance with the ContractDocuments nor is it a release of Contractor's obligation to complete the Work in accordance with theContract Documents.

    Executed by Engineer Date

    Accepted by Contractor Date

    Accepted by Owner Date

    Exhibit 1

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    Exhibit 2

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    Exhibit 2

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    Exhibit 3

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    PACE ENGINEERING, INC. BID ANALYSIS

    1730 SOUTH STREET B

    REDDING, CA 96001 OWNER: CITY OF LAKEPORT

    530.244.0202

    PROJECT: STORAGE TANKS REPAIR & RECOATING

    CONTRACTOR Vulcan Construction & Maintenance, Inc.Phone 559.265.4711Attended Pre-Bid Job Walk N/ALicense CA 414892Verify License(s) A, C36 OK Addendums Acknowledged N/ATotals Per Item YESTotal Bid $957,137

    NonCollusion Affidavit YESBid Bond (10% of Bid) YESPower of Attorney YESCompliance Statement YESCertifications of Non-Segregated Facilities YESCertification Regarding Debarment YESCertification for Contracts, Grants and Loans YESCertification Regarding Worker's Compensation YESList of Subs YES

    None Listed Verify License(s) N/ABidder Information YES

    List of Completed Projects YES

    Travelers Casualty and Surety Company SanJose, CA

    Bonding Company

    Exhibit 3

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    1

    Scott Harter

    From: Tom Warnock Sent: Wednesday, April 30, 2014 2:37 PMTo: Scott Harter; Dean Eichelmann; Mark BranniganCc: Dan Buffalo; Rick BowserSubject: Meter Replacement Project

    Scott,

    You requested the Engineers Estimate and I hastily sent off my working spreadsheet, which included no contingency. In an effort to appreciate where we stand on project costs, I have summarized our previous meter replacement estimates below:

    City of LakeportMeter Replacement Projec tEngineer's Cost Estimates

    Estimate BaseContingency Total

    % AmountPER April 2012 $858,120 22.5% $193,077 $1,051,197PER Addendum No. 1 9/20/2012 $858,120 22.5% $193,077 $1,051,197Revised Engr Proposal 12/26/2012 $823,847 30% $247,154 $1,071,001PER Addendum No. 2 1/2/2013 $823,847 30% $247,154 $1,071,001Engr' Estimate at Bid Date 4/22/2014 $797,860 0% $0 $797,860Contractor's Bid 4/22/2014 $957,137

    Based upon these cost, the Contractors Bid leaves a 9% contingency from the original PER budget.

    Please let

    me

    know

    if

    you

    need

    anything

    else.

    Tom

    Tom WarnockPrincipal EngineerPACE Engineering1730 South StreetReddin g, CA 96001530-244-0202530-355-9612 Cell530-244-1978 [email protected]

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    CITY OF LAKEPORTCity Council

    City of Lakeport Municipal Sewer District

    STAFF REPORT

    RE: Designation of 20-miunte parking zones MEETING DATE: 06/03/14

    SUBMITTED BY: Scott Harter, City Engineer

    PURPOSE OF REPORT : Information only Discussion Action Item

    WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

    The Council is being asked to adopt a resolution designating 20-minute parking, "Green Zones", in the Cityof Lakeport.

    BACKGROUND:

    The Council previously considered ammending the current list of 20-minute parking zones to include aspace in front of Cheese's Main Street Pizza at the business owners request. This action had also previouslybeen considered and recommended by the Traffic Safety Advisory Committee. At the prior Councilmeeting the Council direction was to place the designated space at the southern end of the block instead ofdirectly in front of the business for traffic flow reasons. Staff was directed to contact the affectedbusinesses and subsequently bring a report/resolution back to the Council for consideration and adoption.

    DISCUSSION:

    Subsequent to the October meeting staff contacted the affected businesses and received concurrance on the

    proposed 20-minute parking space location. Attached for Council consideration is a revised resolutionidentifing 20-minute parking zones within the City of Lakeport which contains all existing locations and hasbeen amended to contain a parking space at the southern end of the block between First and Second Streetson the west side of Main Street.

    OPTIONS:

    Adopt the proposed resolution ammending 20-minute parking locations within the City.

    Do not adopt the proposed resolution leaving designated locations as they are.

    FISCAL IMPACT:

    None $150 Account Number: Comments: Paint and labor to paint thecurb.

    SUGGESTED MOTIONS:

    Move to adopt the proposed resolution designating 20-minute parking spaces within the City of Lakeport.

    Attachments: 1. Proposed Resolution

    Meeting Date: 06/03/2014 Page 1 Agenda Item #VI.A.2.

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    RESOLUTION No. XXXX (2014)

    A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORTDESIGNATING THE LOCATIONS OF GREEN ZONES ON CITY STREETS

    AND RESCINDING RESOLUTION No. 2296 (2007)

    BE IT RESOLVED by the C ity Council of the City of Lakeport that ResolutionNo. 2296 (2007) is hereby rescinded in its entirety.

    BE IT FURTHER RESOLVED by the C ity Counc il of the C ity Of Lakeport that,pursuant to the provisions of Artic le III, Sec tion 1(d) of City of Lakeport OrdinanceNo. 356, as amended by O rdinanc e No. 761 (93), the following locations bedesignated as Green Zones with parking limited as provided by said Artic le:

    1) Two parallel parking spaces on the east side of North Ma in Street extending48 feet north from 33.5 feet north of the extension of the north fac e of curbon Ninth Street. Purpo se: Pardini s Ap p lia nc e, 930 North M a in Stree t(A PN 26-291-07)

    2) Two diagonal parking spaces on the west side of Park Street extending 24feet north from 8.5 feet north of the extension of the north face of c urb onSecond Street. Purp o se : C ity Ha ll, 225 Pa rk Stree t (A PN 25-411-07)

    3) Two parallel parking spaces on the west side of North Ma in Street extending44 feet south from 28.5 feet south of the extension of the south face of curbon Sixth Street. Purpo se: Wa shingto n M utua l Ba nk - ATM a c c ess, 555 No rthM a in Stree t (APN 25-370-01)

    4) One parallel parking space on the north side of Third Street extending 20feet east from 26 feet east of the extension of the east face of curb onNorth Forbes Street. Purp ose : La ke C ou nty Title C o m p a ny, 180 Third Stree t(A PN 25-375-03)

    5) One parallel parking space on the south side of Fifth Street extending 21feet west from 60 feet west of the extension of the west fac e of c urb onNorth Main Street. Purpo se: Na ture s Foo d C en te r, 495 North M a in Street(A PN 25-374-01)

    6)

    One parallel parking spac e on the east side of South Main Street extending20 feet south from 42.3 feet south of the face of the curb on the south sideof First Street. Purp o se : Flo w e rs b y Ja c kie a t 108 So uth M a in Stree t.(A PN 25-331-18)

    7) One parallel parking space on the north side of First Street extending 20 feeteast from 26 feet east of the extension of the east face of c urb on NorthForbes Street. Purp ose: Dirty Dog G ro o m ing, 100 No rth Fo rb es Stree t.(A PN 025-404-08).

    RESOLUTION No . XXXX (2014) 1 GREEN ZONES

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    8) One pa rallel pa rking space on the west side of Main Street extending 23feet north from a point 24 feet north of the north fac e of curb on First Street.Purp o se : Ch e e se s M a in Stre e t Pizza , 145 N. Ma in Stree t (A PN 025-404-10)

    BE IT FURTHER RESOLVED that the City Engineer or his/her designee isdirec ted to indica te Green Zones by the application of green paint markings onthe curb a djacent to the restricted parking space; the 20 minute time limit shallalso be appropriately marked.

    BE IT FURTHER RESOLVED that upon termination of the cited assoc iatedpurpose any designation loses all force and effec t without further offic ial ac tionand the C ity Engineer shall cause the removal of markings and signs sodesignating.

    DULY AND REGULARLY ADOPTED on this ______ day of ______, 2014, by thefollowing vote:

    AYES:NO ES:ABSTAINING :ABSENT:

    ____________________________Kenneth Parlet, Mayor

    ATTEST:

    ___________________________________ JANEL M. CHAPMAN, City Clerk