Agenda packet — Ukiah City Council, June 15, 2022 (part 2 of 4)

Polyester Powder-Coating Process
Powder-coat shall be an electrostatically applied custom formula of TGIC polyester powder. All components will be free of sharp edges and excess weld spatter and shall be cleaned in a four stage solvent/zirconium based bath, as a rust inhibitor, and a sealer to prevent flash rusting before coating. The coating shall have a super tough finish with maximum exterior durability and will have superior adhesion characteristics. Typical characteristics are: 3.0 - 5.0 mil thickness and oven cured between 375 to 425 degrees Fahrenheit. Pencil Hardness H (ASTM D-3363), Impact (ASTM D-2794-69), Wedge Bend (ASTM D-522-68), Adhesion (Cross Hatch ASTM D-3359 & Knife Scratch ASTM D-2197), Environmental (Stain Resistance ASTM D-1308, Humidity ASTM D 2247 - 87, Salt Spray ASTM B-117 & Fadometer 300 hrs with no loss of gloss), Oven-bake Stability 200% at 350 degrees Fahrenheit for 10 minutes.

Rotationally Molded Plastics
All Rotationally Molded Products are manufactured from linear low-density polyethylene UV-stabilized color and an anti-static compound additive. The tensile strength of this material is to be 2500 PSI as defined by ASTM D638. The typical wall thickness will be .250" (¼"). All rotationally molded products shall meet or exceed the following specifications: ASTM D-1248, type 2, class A and Federal specification LP-390C, type 1, class M, grade 2, category 3; Density (ASTM D- 1505); Brittleness Temperature (ASTM D746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790); Heat Distortion (ASTM-648); Low Temperature Impact (ARM-STD). All solid plastic panels are manufactured from high-density polyethylene. All solid plastic panels shall meet or exceed the following specifications: Density (ASTM D- 1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790).

Hardware
All nuts, bolts, and washers, with exceptions noted, shall be 3/8" diameter 18-8 stainless steel in varying lengths, with a vandalresistant hex-pinned head configuration and factory-applied locking patch. When allowed a 72-hour cure time, the locking patch will prevent the bolt from loosening without at least 4 times the installation torque. Play & Park Structures will supply the special tool required to turn vandal-resistant hardware with each shipment. 1/2" diameter Ramp and Arch Bridge connecting hardware shall be Grade 5 zinc-plated, and 3/8" Clatter Bridge security bolts shall be Grade 8 hardened and zinc-plated.

Rotomolded Components
Double Slides - Roto-Molded
Slide foot buck is fabricated from 2 3/8" O.D. galvanized steel tubing and 12 gauge stainless steel plate. Cross Bar is fabricated from 1 5/16" O.D. 14-gauge galvanized tubing. Barrier assembly is fabricated from 1 5/16" O.D. 14-gauge galvanized tubing and 1 1/4" O.D. galvanized end cap. Collar Plate is fabricated from 1/8" sheet steel and 2 1/8" O.D. steel collar. All metal parts shall be coated with a custom formula TGIC polyester powder coating. Slide sections and Visor Hood shall be rotationally molded from an extremely durable double-walled low density polyethylene with (UV) light stabilizers and color molded in. This material complies with ASTMD-1248, Type 2, Class A, and Federal specification LP-390C, Type 1, Class M, Grade2< Category 3, and has a minimum 1/4" wall

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thickness (3/16" for Visor Hood). Steel inserts are molded in to receive fastening bolts. Slide side rails are a minimum 12" high from the inside slide surface, and slide bed-way is designed to have a 20" minimum width.

General Specifications of Materials
SuperMax Clamp
Clamp Ring and Adapters are die cast from an A380 high-strength aluminum alloy with a baked-on polyester powder-coat finish.

HDPE Components
Gear Panel
Gear Panel shall be color-impregnated linear low density polyethylene and shall conform to the rotationally molded specifications outlined herein. Gears shall be made from 3/4" thick (solid) high density, UV-stabilized and color impregnated polyethylene, with Polycarbonate windows.

HDPE Panels
Panels shall be precision cut from a single solid sheet of .750" thick UV-stabilized extruded high-density polyethylene with colors molded in. The material will have a density of 60 lbs/ft³ and a tensile strength of 4400 PSI (30 Mpa) as determined per procedure C of ASTM D1928. All edges shall have radiuses and all corners rounded for safe play.

General Specifications of Materials
Rotationally Molded Plastics
All Rotationally Molded Products are manufactured from linear low-density polyethylene UV-stabilized color and an anti-static compound additive. The tensile strength of this material is to be 2500 PSI as defined by ASTM D638. The typical wall thickness will be .250" (¼"). All rotationally molded products shall meet or exceed the following specifications: ASTM D-1248, type 2, class A and Federal specification LP-390C, type 1, class M, grade 2, category 3; Density (ASTM D- 1505); Brittleness Temperature (ASTM D746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790); Heat Distortion (ASTM-648); Low Temperature Impact (ARM-STD). All solid plastic panels are manufactured from high-density polyethylene. All solid plastic panels shall meet or exceed the following specifications: Density (ASTM D- 1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790).

Rotomolded Components
Double Pinnacle Link
Pipe Adapters:

Shall be fabricated from die cast from an A380 high-strength aluminum alloy with a baked-on polyester powder-coat finish.

Pinnacle Climber:

Shall be rotational molded from polyethylene. The polyethylene shall be linear low-density material with UV-stabilized color and an anti-static compound additive. All rotational molded products shall meet or exceed the following specifications: ASTM D-1298, type 2, class A and Federal specification LP-390c, type 1, class M, grade 2, category 3; Density (ASTM D-155); Brittleness Temperature (ASTM D-746), Tensile Values (ASTM-638); Flexural Modulus (ASTM-D-790); Heat Distortion (ASTM-648); Low Temperature Impact (ARM-STD)

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Deck Mounting Bar Assembly:

Shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing with a .375" zinc plated .5 mil coating with chromate finish pipe insert. 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing. The Deck Mounting Bar Assembly shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

T-Bar Assembly:

Shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing with a .375" zinc plated .5 mil coating with chromate finish pipe insert, 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing. The T-bar Assembly shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Pinnacle Barrier Entrance:

Shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing, 1.029" O.D. x .072" (15 gauge) wall galvanized steel rung, 3/16" hot rolled flat steel plate, and 3/16" thick laser cut steel tab. The Pinnacle Barrier Entrance shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.
3 Hole Tab Assembly:

Shall be fabricated from 3/8" hot rolled round stock and 3/16" x 4" hot rolled flat pickled and oiled steel tab. The 3 Hole Tab Assembly shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Metal Components
Fin Climber
Pipe Adapter:

Shall be fabricated from die cast from an A380 high-strength aluminum alloy with a baked-on polyester powder-coat finish.

Climber Handhold #1, 2, and 3:

Shall be fabricated from hybrid resin mixture with custom formulated uv inhibiter.

Footbuck:

Shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel pipe. The Footbuck shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Faceted Climbing Fin:

Shall be fabricated from 3/16" x 2" hot rolled steel tab, 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel pipe, and 12 gauge galvanized steel insert. Faceted Climbing Fin shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Small and Large Hdpe Panel:

Shall be fabricated from a single solid sheet of .750" thick UV-stabilized extruded high-density polyethylene with colors molded in.

The material will have a density of 60 lbs. /ft³ and a tensile strength of 4400 PSI (30 Mpa) as determined per procedure C of ASTM D1928. All edges shall have radiuses and all corners rounded for safe play.

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Park Play Specifications
General System Specifications:

Manufacturer shall offer the following warranties on the materials and components of its system:
- Lifetime limited warranty on support posts (uprights) - 15-Year limited warranty on punched steel decks, pipes, rails, loops and rungs - 15-Year limited warranty on rotationally molded polyethylene components - Lifetime limited warranty on all hardware
Manufacturer shall be ISO 9001/2000 certified
Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01.

Freestanding Metal Climbers
Alpine Climber
3 1/2" Dome Cap:

Shall be fabricated from 413 Die Cast Aluminum Alloy. The 3 1/2" Dome Cap shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Tree Fin Panel:

Shall be fabricated from a single solid sheet of .750” thick UV-stabilized extruded high-density polyethylene with colors molded in.

Tall and Short Tree Assembly:

Shall be fabricated from 3/16" x 8 1/2" laser cut steel plate, 3/16" x 2" hot rolled flat steel tab, 1.029" O.D. x .072" (15 gauge) wall galvanized steel loop, and 3 1/2" O.D. x .095" (13 gauge) wall galvanized steel pipe. Tall and Short Tree Assembly shall be an allwelded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

SuperMax Specifications
General System Specifications:

SuperMax features 5" O.D. uprights with a high-strength aluminum alloy clamp fastening system finished with a polyester powdercoat. All uprights shall receive factory installed aluminum post caps and will ship with labels for manufacturer identification.

All decks and components shall connect using the aluminum alloy clamping system. All climbing attachments shall include a 15" wide deck entry archway to control deck access to one child at a time and help prevent inadvertent falls.

Manufacturer shall offer the following warranties on the materials and components of its system:

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- Lifetime limited warranty on support posts (uprights) - 15-Year limited warranty on punched steel decks, pipes, rails, loops and rungs - 15-Year limited warranty on rotationally molded polyethylene components - Lifetime limited warranty on all hardware
Manufacturer shall be ISO 9001/2000 certified
Manufacturer shall show IPEMA certification of compliance for each component that the product conforms with the requirements of ASTM F1487-01.

Metal Components
Paragon Climber
Paragon Climber Hdpe Insert:

Shall be fabricated from a single solid sheet of .750" thick UV-stabilized extruded high-density polyethylene with colors molded in.

Paragon Climber Weldment:

Shall be fabricated from 3/16" x 2" hot rolled steel tab, 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel pipe, and 14 gauge galvanized pipe cap. Paragon Climber Weldment shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating in conformance with specifications outlined herein.

Paragon Climber Footbuck:

Denali Tower Base
4' Filler Panel consists of 1 5/16" O.D. galvanized steel tubing with 1 1/16" O.D. galvanized steel rungs and 11 Ga. steel plate. 4' Filler Panel is coated with a baked on polyester powder-coated finish after fabrication.

Flat Bracket is made from 11-gauge galvanized steel sheet. The bracket receives a baked-on polyester powder-coated finish. The 10' Entryway is fabricated from 1-5/16" O.D. 14-gauge galvanized steel tubing and 1-1/16" O.D. 15-gauge galvanized steel tubing welded to 2-7/8" x 38-1/8" 7-gauge galvanized plate. The Filler Panel is fabricated from 1-5/16" O.D. 14-gauge galvanized steel tubing, 1- 1/16" O.D. 15-gauge galvanized steel tubing, and 11-gauge sheet steel. The Filler Panel shall be an all welded assembly. The 10' Entryway and Filler Panel receive a baked-on polyester powder-coated finish. Step Panels are cut from a sheet of high-density .750" thick extruded solid polyethylene with color molded in and UV-stabilized. 10 ft Barrier Panel
FILLER PANEL shall be fabricated from 1 5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing, 1-1/16" O.D. x .072" (15 gauge) wall galvanized steel tubing, and 11-gauge sheet steel. The Filler Panel shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

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FLAT BARRIER shall be fabricated from 1-5/16" O.D. x .083" (14-gauge) wall galvanized steel tubing, 1-1/16" O.D. x .072" (15- gauge) wall galvanized steel tubing, and 11-gauge sheet steel. The Flat Barrier shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

Lean Out Panel
LEAN OUT PANEL shall be fabricated from 1 5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing, 1-1/16" O.D. x .072” (15 gauge) wall galvanized steel tubing, and 11-gauge sheet steel. The Lean Out Panel shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

Rotomolded Components
12 ft Spiral Tunnel Slide
FILLER PANEL shall be fabricated from 1 5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing, 1-1/16" O.D. x .072" (15 gauge) wall galvanized steel tubing, and 11-gauge sheet steel. The Filler Panel shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

FOOTBUCK Shall be 1 5/16" O.D. 14-gauge galvanized steel tubing and 12GA. (.109") Sheet metal P & O. The Footbuck shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

FOOTBUCK SADDLE 30 DEG shall be fabricated from .25" sheet metal P & O. Outrigger plate shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

FOOTBUCK Shall be 2 3/8" O.D. 13-gauge galvanized steel tubing and 12GA. (.109") Sheet metal P & O. The Slide Support shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

Mounting bracket is fabricated from 7/8" O.D. 16-gauge galvanized steel tubing and 1/8" formed steel sheet and receives a baked-on polyester powder-coat finish after fabrication. Panel shall be rotationally molded from an extremely durable double-walled lowdensity polyethylene with (UV) light stabilizers and color molded in. This material complies with STM-D-1248, Type 2, Class A, and Federal specification LP-390C, Type 1, Class M, Grade2, Category 3, and has a minimum 1/4" wall thickness.

SLIDE SECTIONS:

All Rotationally Molded Products are manufactured from linear low-density polyethylene UV-stabilized color and an anti-static compound additive. The tensile strength of this material is to be 2500 PSI as defined by ASTM D638. The typical wall thickness will be .250" (¼"). All rotationally molded products shall meet or exceed the following specifications: ASTM D-1248, type 2, class A and Federal specification LP-390C, type 1, class M, grade 2, category 3; Density (ASTM D- 1505); Brittleness Temperature (ASTM D746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790); Heat Distortion (ASTM-648); Low Temperature Impact (ARM-STD). All solid plastic panels are manufactured from high-density polyethylene. All solid plastic panels shall meet or exceed the following specifications: Density (ASTM D- 1505); Brittleness Temperature (ASTM D-746); Tensile Values (ASTM D-638); Flexural Modulus (ASTM D-790).
12 ft Cascade Tube Slide
FILLER PANEL shall be fabricated from 1-5/16" O.D. x .083" (14 gauge) wall galvanized steel tubing, 1-1/16" O.D. x .072” (15 gauge) wall galvanized steel tubing, and 11-gauge sheet steel. The Filler Panel shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

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SMASHED FOOTBUCK Shall be 1-15/16" O.D. 14-gauge galvanized steel tubing and 12GA. (.109”) Sheet metal P & O. The Smashed Footbuck shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

OUTRIGGER PLATE shall be fabricated from .25” sheet metal P & O. Outrigger plate shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

SUPPORST ASSEMBLY Shall be 1-1/2" O.D. 14-gauge galvanized steel tubing and 12GA. (.109”) Sheet metal P & O. The Support Assembly shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

FOOTBUCK Shall be 2 3/8" O.D. 13-gauge galvanized steel tubing and 12GA. (.109”) Sheet metal P & O. The Footbuck shall be an all-welded assembly and shall be coated after fabrication with a custom formula of TGIC polyester powder coating.

SLIDE SECTIONS:

General Specifications of Materials
Uprights, Steel
The posts shall be 5" outside diameter, 11 gauge (.120") galvanized round tubing, manufactured to ASTM A-500 Grade B tolerances from cold-formed steel conforming to ASTM A-569 Sheet Spec for steel coil. Minimum yield strength shall be 50,000 psi and minimum tensile strength shall be 55,000 psi. The exterior surface is hot dip galvanized, chromate conversion coated, and a clear high performance organic polymer is applied. The inside diameter has 81% minimum zinc rich primer capable of providing excellent rust protection and fabrication characteristics. All coatings are applied inside and out after welding for superior corrosion protection throughout. Exterior surface galvanizing zinc purity is 99% as per ASTM B-6 high grade and special high grade. Galvanizing coverage shall demonstrate the ability to exceed 1000 hours salt spray corrosion exposure in accordance with ASTM B-117. Internal surface zinc rich 81% minimum zinc dust content in organic resin, as per ASTM F-1234, Section 5.2.4, Type D. All upright posts shall be coated with a custom formula TGIC polyester powder coating in conformance with the specifications outlined herein.

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87, Salt Spray ASTM B-117 & Fadometer 300 hrs with no loss of gloss), Oven-bake Stability 200% at 350 degrees Fahrenheit for 10 minutes.

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Play & Park Structures Warranties
Play & Park Structures provides warranties on all materials and workmanship for one year, excluding vandalism. In addition, Play & Park Structures offers:
544 Chestnut Street
Chattanooga, TN 37402
Phone: 888-404-5737
Email: [email protected]
All warranties specifically exclude damage caused by vandalism; negligence, improper installation or improper use; changes in appearance resulting from weathering; scratches, dents or marring as a result of use.

Warranties are valid only if products are installed and maintained in accordance with Play & Park Structures instructions and use approved parts
At Play & Park Structures, we stand behind our product and are committed to the highest level of customer satisfaction.

For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose; that the Product and all parts will be free from defects in material and manufacturing workmanship.

Limited Lifetime Warranty* on:
• Supermax, Duramax, totMax, Boulderscapes, Skyline, and Horizons uprights • Hardware
20 Year Limited Warranty on:
• Recycled Plastic Lumber
15 Year Limited Warranty on:
• Rotationally molded products
• Metal decks, pipes, rings, rails and loops
10 Year Limited Warranty on:
• Redwood and pressure treated wood • Site furnishings
• Integrated shade products • Fiberglass signs
5 Year Warranty on:
• Swing Seats
• Nylon-covered cable net climbers and components
• HDPE Panels
3 Year Warranty on:
• "C" Springs for spring bouncers
1 Year Warranty on:
• All other Play & Park Structures products • HDPE components including moving parts • Powder coated parts
• Nylon rope products

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May 26,2022
Gregg Simpson Trucking
RFP Playground Equipment Replacement at Todd Grove Park Page 1 Gregg Simpson Trucking
11 Highland Ct Ukiah CA 95482
707-468-1654
[email protected]
• Class A Lic #650339
• CA DIR #1000001303
• DBE # 34675
• Small Business Certified #32468
Gregg Simpson Trucking is a locally owned and operated company for over 25 years in our community. Our firm employees local families and supports our community. As local contractor our employees are looking forward to the park improvement for the community and we are committed to completing the job with 100% satisfaction. During these challenging times it is beneficial for all parties to keep the work local, work together and produce an enjoyable facility for our community.

Gregg Simpson Trucking has worked with the City of Ukiah team members on over a dozen local projects; we have always enjoyed working with the city and completed our jobs on time leaving the city satisfied with work performed.

During the construction process we will work with the schedules of the children, holidays and etc. Our teams will make every effort to keep the process as painless as possible, we are anticipating 4-5 weeks of construction from start to finish.

A few of our completed projects have been the City of Ukiah Rail Trail Phase 1, Vinewood Park Improvements, and Grace Hudson Museum Parking and Storm water. Since we have worked with the City in the past we can and will provide all proper insurance, license and bonds needed for work.

The thumb drive attached has the proposed park facility, along with warranties, measurements and all data needed for city staff to review. Our firm is proposing to purchase the custom SuperMax play structure from a manufacturer known as Northern California Recreation (Lic #686356/DIR #1000006514) 584 Castro Street #760 San Francisco CA, www.norcalrec.com. We have been working closely with John Ogden (415-937-1697/ [email protected]) of Northern California Recreation; he too is knowledgeable on the equipment and is eager to produce this much needed improvement for our community. Mr. Ogden and team will be onsite during the install process, they will oversee installation, and with their vast knowledge work will be completed efficiently, safely while taking into account the safety of the public.

Proposed equipment is manufactured in Alabama and Norcalrec has a turnaround time of 8-10 weeks. The equipment is a fun filled time for the 5-12 age groups and matches the footprint of the existing equipment. With a wonderful shade structure, isn’t that nice?!

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May 26,2022
Gregg Simpson Trucking
RFP Playground Equipment Replacement at Todd Grove Park Page 2 Scope of Work
The scope of work is to include all necessary labor, materials and equipment and incidentals to provide and install new playground equipment, including border and engineered wood chips for the base. a. Demolition and disposal of existing playground structure. b. Complete installation of new playground equipment.
c. Equipment proposed shall be the newest and latest model in current production.

Used, remanufactured, shopworn, demonstrator, prototype, or discontinued models are not acceptable.
d. Upgrade existing path to meet current ADA requirements. e. Before the project is considered complete, and final payment is made, awarded proposer will provide:
i. Written guarantee for all equipment.
ii. Parts list for all equipment.
iii. Recommended maintenance schedule for all equipment. iv. Installation manual and specifications.
v. Documentation of compliance with CPSC, ASTM and ADA guidelines. vi. Two (2) sets of any specialized assembly and/or maintenance tools (i.e. vandal resistant wrenches, etc.)
f. Warranty/Manufacturer – Manufacturer shall fully warrant all materials and equipment furnished under the terms of this RFP against poor and inferior quality.

While under warranty, manufacturer shall repair or replace defective materials or equipment in a timely manner to minimize the disruption of City operations. A copy or description of the manufacturer’s warranty shall accompany each proposal for the material and equipment proposed, detailing the scope and length of the warranty.

Where the successful firm is also the manufacturer of the materials or equipment provided under this proposal, the Manufacturer's Warranty requirement will supersede the successful proposer warranty requirement of this proposal. g. Warranty/Successful Proposer - Successful firm shall fully warrant all materials and equipment furnished under the terms of this RFP against poor and inferior quality, for a period of not less than one (1) year from date of the final acceptance by the City.

While under warranty, successful bidder shall repair or replace defective materials or equipment in a timely manner to minimize the disruption of City operations.

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May 26,2022
Gregg Simpson Trucking
RFP Playground Equipment Replacement at Todd Grove Park Page 3 • Our firm proposes to complete work per scope and addendum #1-3 at the price of $218,165.00 (offer is good for 90 days)
If you have any questions or concerns please let me know.

Amanda Devereux

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Park Planet
(877)-473-7619 415 Elm St [email protected]
Red Bluff CA 96080
COVER LETTER – RFP # 104922-0088
Park Associates Inc., dba as Park Planet is pleased to submit a proposal for the City of Ukiah – Todd Grove Park RFP. 05/26/22
As your representative at Park Planet, I will function as the overall project manager and oversee all aspects of ordering, scheduling, delivering. Thank you for the opportunity to provide the enclosed proposal.

Kyle Knox
Park Associates Inc. dba Park Planet
877.473.7619
CA License #959805
DIR# 1000423561
This offer/RFP is firm for 90 days.

I AUTHORIZE AUTHORITY TO ENTER INTO CONTRACTS ON BEHALF OF THE COMPANY;

DENA CARTER

ABOUT US - QUALIFICATIONS OF KEY PARTIES
Park Associates Inc. has been in the recreation industry for almost 20 years and we are not your “average” playground distributor. We have a full-time staff of 10 employees, whose backgrounds include NCAA Div. I Sports, Airforce Maintenance, Naval Logistics, Competitive Cross-Fit and Fantasy Football. We pride ourselves on being more accessible and more responsive than your average sales reps. All employees are available Monday-Friday at the Corporate office in Redding, CA or via cell phone when in the field. We are an aggressive team committed to becoming the fastest and most experienced resource for all outdoor recreation needs.

Our 10-person sales team consists of experts in the field of shade, playgrounds, surfacing and site amenities. With our Contractor’s license we have acted as the prime contractor on jobs totaling over $20 million since 2012. Our team has experience with building permits, engineering, and turn-key installations that often include field obstacles that take experience and analytical thinking to resolve.

Since our inception, Park Associates Inc. has sold over $100 million worth of product and services in and outside of California.

LEADTIME – Playcraft
It will take approx. 12-14 weeks from award of contract to deliver our equipment to City of Redding.

Attachment 3

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Red Bluff CA 96080
415 Elm St, www.parkplanet.com O: 530.244.6116
F: 530.246.0518
Parks and Play Spaces Since 2000
A Division of Park Associates Inc.

Proposal For:

Park Planet Rep:

Todd Grove Park
600 Live Oak Ave
Ukiah, CA, 95482
Kyle Knox
M: 541-315-0001
[email protected]

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*Colors and textures may vary from actual product
Todd Grove Park
City of Ukiah, California

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*Colors and textures may vary from actual product
Todd Grove Park
City of Ukiah, California

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*Colors and textures may vary from actual product
Todd Grove Park
City of Ukiah, California

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*Colors and textures may vary from actual product
Todd Grove Park
City of Ukiah, California

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CITY OF UKIAH - TODD GROVE PARK

TOP VIEW
STRUCTURE#: R5081E21B
PROJECT#: PPT22E70F8B
DATE: 5/18/2022
PLAYCRAFT REP:

MIN. USE ZONE: 46' x 37' Park Planet
GENERAL NOTES:

This conceptual plan is based
on information provided prior
to construction. Detailed site
information, including the
following, should be obtained,
evaluated, and utilized in the
final project design. Exact site
dimensions, topography,
existing utilities, soil conditions
and drainage solutions.

WARNING: Accessible safety
surfacing material is required
beneath and around this
equipment that has a critical
height value (Fall Height)
appropriate for the highest
accessible part of this
equipment. Refer to the CPSC'S
Handbook For Public
Playground Safety, Section 4:

Surfacing.

R5 FOR KIDS
AGES
5-12

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
18 10/9 0 6/6 4/3

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CITY OF UKIAH - TODD GROVE PARK

TOP VIEW
STRUCTURE#: R5081E21B
PROJECT#: PPT22E70F8B
DATE: 5/18/2022
PLAYCRAFT REP:

MIN. USE ZONE: 46' x 37' Park Planet
GENERAL NOTES:

Surfacing.

R5 FOR KIDS
AGES
5-12

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
18 10/9 0 6/6 4/3

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CITY OF UKIAH - TODD GROVE PARK

TOP VIEW
STRUCTURE#: R5081E21B
PROJECT#: PPT22E70F8B
DATE: 5/18/2022
PLAYCRAFT REP:

MIN. USE ZONE: 46' x 37' Park Planet
GENERAL NOTES:

Surfacing.

R5 FOR KIDS
AGES
5-12

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
18 10/9 0 6/6 4/3

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CITY OF UKIAH - TODD GROVE PARK

TOP VIEW
STRUCTURE#: STAPC1303
PROJECT#: PPT22E70F8B
DATE: 5/18/2022
PLAYCRAFT REP:

Park Planet
GENERAL NOTES:

Surfacing.

No
ne

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
0 0/0 0 0/0 0/0

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CITY OF UKIAH - TODD GROVE PARK

SITE PLAN
PROJECT#: PPT22E70F8B
DATE: 5/18/2022
PLAYCRAFT REP:

MIN. USE ZONE: 46' x 37' Park Planet
GENERAL NOTES:

This Preliminary Site Plan is
based on measurements that
were provided in the initial
planning phase. All dimensions
must be verified prior to the
submission of a purchase order.

Playcraft Systems will not be
held responsible for any
discrepancies between actual
dimensions and dimensions
submitted in the planning
phase.

The Minimum Use Zone for a
play structure is based on the
product design at the time of
proposal. Components and
structure designs may be
subject to change which may
affect dimensions. Therefore,
before preparing the site, we
strongly recommend obtaining
final drawings from the factory
(available after the order is
placed and included in the
Assembly Manual).

Surfacing.

R5 FOR KIDS
AGES
5-12

ADA ACCESSIBILITY GUIDELINE - ADAAG CONFORMANCE

ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES
18 10/9 0 6/6 4/3

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Introducing Playcraft System’s

FINISH WARRANTY
PLAYCRAFT SYSTEMS SHALL WARRANT ITS POWDER COATING AND PLAYTUFF COATING FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF INVOICE. PLAYCRAFT SYSTEMS WARRANTS AGAINST CRACKING AND/OR PEELING DUE TO NORMAL CLIMATIC EXPOSURE.

THE FOLLOWING ACTS AND/OR OMISSIONS ARE NOT COVERED BY OUR WARRANTY: 1)

DAMAGE TO OUR FINISHES CAUSED BY MECHANICAL ABUSE SUCH AS SCRATCHES, ROUGH HANDLING, INSTALLATION, OR VANDALISM/ABUSE; 2) DAMAGE TO OUR FINISHES CAUSED BY DIRECT CONTACT WITH SALT WATER, CHEMICALS, OR OTHER CORROSIVE AGENTS; 3) PHYSICAL DAMAGE DUE TO ENVIRONMENTAL HAZARDS AND ACT OF GOD; 4) LACK OF MAINTENANCE OR ALTERATIONS TO THE FINISH. NO WARRANTY IS MADE WITH REGARD TO GLOSS RETENTION OR UNIFORMITY OF GLOSS AND COLOR RETENTION.

PLAYCRAFT SYSTEMS RESERVES THE RIGHT TO DETERMINE WHAT ACTION, IF ANY, WILL BE TAKEN TO RECTIFY ANY COATING FAILURE. THIS WARRANTY SHALL APPLY

TO THE REPAIR OR REPLACEMENT OF COATINGS (AT PLAYCRAFT SYSTEMS

DISCRETION) OF THE MATERIAL INVOLVED AND SHALL NOT INCLUDE

REIMBURSEMENT OF CONSEQUENTIAL EXPENSES SUCH AS INSTALLATION, REMOVAL, OR DISPOSAL. THIS WARRANTY DOES NOT COVER REPAIR OF THE ITEM(S) BY ANY OTHER SERVICE PROVIDER.

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Page 1 of 2 ends

Agenda Item No: 7.g.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1756

AGENDA SUMMARY REPORT
SUBJECT: Finalization of an Internal Loan for the Two (2) Ambulances Currently On Order, and Adoption of Corresponding Resolution.

DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. Ambulance Reso and Amo

2. TMUBMUSD10Y _ U.S. 10 Year Treasury Note Historical Prices - WSJ Summary: City Council will consider finalizing an internal loan for the purchase of two (2) ambulances, and approval of the corresponding resolution.

Background: On August 18, 2021, the City Council approved the purchase of two (2) ambulances from Braun NW Inc., for the amount of $416,348.89 for the Ukiah Valley Fire Authority's ambulance service.

Discussion: When presenting approval of the purchase of the ambulances to the Council, the funding sources identified included a Community Development Block Grant (CDBG) in the amount of $141,648, with the balance of $274,700.89 to be financed by an internal loan from the General Fund. In order to establish the internal loan, also known as an interfund loan, the Council must approve a resolution. Please see Attachment 1 for a copy of the resolution, which also includes the proposed amortization schedule.

The resolution outlines the terms of the loan if approved. Upon receipt of the ambulances, the Ukiah Valley Fire Authority will be obligated to make monthly payments from the Ambulance Fund 710 to the General Fund 100, which will total the purchase price of the ambulances, less the grant fund proceeds, pursuant to the terms set forth in the amortization schedule, provided the City Council appropriates funds each year to make the payments. The payment schedule is set for a ten-year period, with monthly principal and interest payments of $2,655.32 per month, which includes an interest rate of 3.022% annum. The interest rate is based on the closing rate on a 10-year Treasury note from June 8, 2022, provided as Attachment 2.

Recommended Action: Approve the finalization of an internal loan for the two (2) ambulances currently on order, and approval of the corresponding resolution.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director, and Darcy Vaughn, Deputy City Attorney

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RESOLUTION 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN INTERNAL LOAN FOR THE PURCHASE OF TWO (2) AMBULANCES
WHEREAS:

1. The City Council, on August 18, 2021, approved the purchase of two (2) 2021 North Star 147-1 Type 1 Ambulances (Equipment) from Braun NW Inc., for the amount of $416,348.89 for the Ukiah Valley Fire Authority.

2. The Equipment has been determined to be an essential component to enhance the delivery of the Fire Authority’s Pre-Hospital Emergency Medical Services (PHEMS).

3. A portion of the purchase of one (1) of the ambulances will be funded by a Community Development Block Grant in the amount of $141,648.

4. The City Council has determined that financing the balance of $274,700.89 by an internal loan from the General Fund 100 is in the best interest of the City; and

5. Under the internal loan, the Ukiah Valley Fire Authority will be obligated to make monthly payments from the Ambulance Fund 710, which will total the purchase price of the ambulances, less the grant fund proceeds, pursuant to the terms set forth in the Amortization Schedule, attached hereto as Exhibit A; provided the City Council appropriates funds each year to make the payments;
NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah hereby approves the internal loan of $274,700.89 to Ambulance Fund 710 for the purchase of the Equipment.

2. Upon receipt of the Equipment, and payment to the vendor, the Ambulance Fund 710 will be directed to compensate the General Fund 100 in one hundred and twenty (120) monthly principal and interest payments of two thousand six hundred and fifty-five dollars and thirty-two cents ($2,655.32) per month which includes an interest rate of three and twenty-two thousandths percent (3.022%) per annum. Payments shall be made in monthly transfers from the Ambulance Fund 710 to the General Fund.

Transfers shall be treated as expenditures of the Ambulance Fund 710, and revenue to the General Fund in the City’s budgets and financial statements.

PASSED AND ADOPTED this __ day of _______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTACHMENT 1

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ATTEST:

Kristine Lawler, City Clerk

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$274,700.89 $2,655.32

3.022% 120
10 $43,937.85
7/1/2022 $318,638.74
Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 1 8/1/2022 $274,700.89 $2,655.32 $1,963.53 $691.79 $272,737.36 2 9/1/2022 $272,737.36 $2,655.32 $1,968.48 $686.84 $270,768.88 3 10/1/2022 $270,768.88 $2,655.32 $1,973.44 $681.89 $268,795.44 4 11/1/2022 $268,795.44 $2,655.32 $1,978.41 $676.92 $266,817.03 5 12/1/2022 $266,817.03 $2,655.32 $1,983.39 $671.93 $264,833.64 6 1/1/2023 $264,833.64 $2,655.32 $1,988.38 $666.94 $262,845.26 7 2/1/2023 $262,845.26 $2,655.32 $1,993.39 $661.93 $260,851.87 8 3/1/2023 $260,851.87 $2,655.32 $1,998.41 $656.91 $258,853.46 9 4/1/2023 $258,853.46 $2,655.32 $2,003.44 $651.88 $256,850.02 10 5/1/2023 $256,850.02 $2,655.32 $2,008.49 $646.83 $254,841.53 11 6/1/2023 $254,841.53 $2,655.32 $2,013.55 $641.78 $252,827.98 12 7/1/2023 $252,827.98 $2,655.32 $2,018.62 $636.71 $250,809.36 13 8/1/2023 $250,809.36 $2,655.32 $2,023.70 $631.62 $248,785.66 14 9/1/2023 $248,785.66 $2,655.32 $2,028.80 $626.53 $246,756.86 15 10/1/2023 $246,756.86 $2,655.32 $2,033.91 $621.42 $244,722.96 16 11/1/2023 $244,722.96 $2,655.32 $2,039.03 $616.29 $242,683.93 17 12/1/2023 $242,683.93 $2,655.32 $2,044.16 $611.16 $240,639.76 18 1/1/2024 $240,639.76 $2,655.32 $2,049.31 $606.01 $238,590.45 19 2/1/2024 $238,590.45 $2,655.32 $2,054.47 $600.85 $236,535.98 20 3/1/2024 $236,535.98 $2,655.32 $2,059.65 $595.68 $234,476.33 21 4/1/2024 $234,476.33 $2,655.32 $2,064.83 $590.49 $232,411.50 22 5/1/2024 $232,411.50 $2,655.32 $2,070.03 $585.29 $230,341.47 23 6/1/2024 $230,341.47 $2,655.32 $2,075.25 $580.08 $228,266.22 24 7/1/2024 $228,266.22 $2,655.32 $2,080.47 $574.85 $226,185.75 25 8/1/2024 $226,185.75 $2,655.32 $2,085.71 $569.61 $224,100.04 26 9/1/2024 $224,100.04 $2,655.32 $2,090.96 $564.36 $222,009.07 27 10/1/2024 $222,009.07 $2,655.32 $2,096.23 $559.09 $219,912.84 28 11/1/2024 $219,912.84 $2,655.32 $2,101.51 $553.81 $217,811.33 29 12/1/2024 $217,811.33 $2,655.32 $2,106.80 $548.52 $215,704.53 30 1/1/2025 $215,704.53 $2,655.32 $2,112.11 $543.22 $213,592.43 31 2/1/2025 $213,592.43 $2,655.32 $2,117.43 $537.90 $211,475.00 32 3/1/2025 $211,475.00 $2,655.32 $2,122.76 $532.56 $209,352.24 33 4/1/2025 $209,352.24 $2,655.32 $2,128.10 $527.22 $207,224.14 34 5/1/2025 $207,224.14 $2,655.32 $2,133.46 $521.86 $205,090.67 35 6/1/2025 $205,090.67 $2,655.32 $2,138.84 $516.49 $202,951.84 36 7/1/2025 $202,951.84 $2,655.32 $2,144.22 $511.10 $200,807.62 37 8/1/2025 $200,807.62 $2,655.32 $2,149.62 $505.70 $198,657.99 38 9/1/2025 $198,657.99 $2,655.32 $2,155.04 $500.29 $196,502.96 Loan Values Loan Summary
Ambulance Internal Loan Amortization Schedule
Loan amount
Annual interest rate
Loan period in years
Start date of loan
Monthly payment
Number of payments
Total interest
Total cost of loan

EXHIBIT A

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Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 39 10/1/2025 $196,502.96 $2,655.32 $2,160.46 $494.86 $194,342.50 40 11/1/2025 $194,342.50 $2,655.32 $2,165.90 $489.42 $192,176.59 41 12/1/2025 $192,176.59 $2,655.32 $2,171.36 $483.96 $190,005.23 42 1/1/2026 $190,005.23 $2,655.32 $2,176.83 $478.50 $187,828.41 43 2/1/2026 $187,828.41 $2,655.32 $2,182.31 $473.01 $185,646.10 44 3/1/2026 $185,646.10 $2,655.32 $2,187.80 $467.52 $183,458.29 45 4/1/2026 $183,458.29 $2,655.32 $2,193.31 $462.01 $181,264.98 46 5/1/2026 $181,264.98 $2,655.32 $2,198.84 $456.49 $179,066.14 47 6/1/2026 $179,066.14 $2,655.32 $2,204.37 $450.95 $176,861.77 48 7/1/2026 $176,861.77 $2,655.32 $2,209.93 $445.40 $174,651.84 49 8/1/2026 $174,651.84 $2,655.32 $2,215.49 $439.83 $172,436.35 50 9/1/2026 $172,436.35 $2,655.32 $2,221.07 $434.25 $170,215.28 51 10/1/2026 $170,215.28 $2,655.32 $2,226.66 $428.66 $167,988.62 52 11/1/2026 $167,988.62 $2,655.32 $2,232.27 $423.05 $165,756.35 53 12/1/2026 $165,756.35 $2,655.32 $2,237.89 $417.43 $163,518.45 54 1/1/2027 $163,518.45 $2,655.32 $2,243.53 $411.79 $161,274.92 55 2/1/2027 $161,274.92 $2,655.32 $2,249.18 $406.14 $159,025.75 56 3/1/2027 $159,025.75 $2,655.32 $2,254.84 $400.48 $156,770.90 57 4/1/2027 $156,770.90 $2,655.32 $2,260.52 $394.80 $154,510.38 58 5/1/2027 $154,510.38 $2,655.32 $2,266.21 $389.11 $152,244.17 59 6/1/2027 $152,244.17 $2,655.32 $2,271.92 $383.40 $149,972.25 60 7/1/2027 $149,972.25 $2,655.32 $2,277.64 $377.68 $147,694.60 61 8/1/2027 $147,694.60 $2,655.32 $2,283.38 $371.94 $145,411.22 62 9/1/2027 $145,411.22 $2,655.32 $2,289.13 $366.19 $143,122.10 63 10/1/2027 $143,122.10 $2,655.32 $2,294.89 $360.43 $140,827.20 64 11/1/2027 $140,827.20 $2,655.32 $2,300.67 $354.65 $138,526.53 65 12/1/2027 $138,526.53 $2,655.32 $2,306.47 $348.86 $136,220.06 66 1/1/2028 $136,220.06 $2,655.32 $2,312.28 $343.05 $133,907.79 67 2/1/2028 $133,907.79 $2,655.32 $2,318.10 $337.22 $131,589.69 68 3/1/2028 $131,589.69 $2,655.32 $2,323.94 $331.39 $129,265.75 69 4/1/2028 $129,265.75 $2,655.32 $2,329.79 $325.53 $126,935.96 70 5/1/2028 $126,935.96 $2,655.32 $2,335.66 $319.67 $124,600.31 71 6/1/2028 $124,600.31 $2,655.32 $2,341.54 $313.79 $122,258.77 72 7/1/2028 $122,258.77 $2,655.32 $2,347.43 $307.89 $119,911.34 73 8/1/2028 $119,911.34 $2,655.32 $2,353.35 $301.98 $117,557.99 74 9/1/2028 $117,557.99 $2,655.32 $2,359.27 $296.05 $115,198.72 75 10/1/2028 $115,198.72 $2,655.32 $2,365.21 $290.11 $112,833.50 76 11/1/2028 $112,833.50 $2,655.32 $2,371.17 $284.15 $110,462.33 77 12/1/2028 $110,462.33 $2,655.32 $2,377.14 $278.18 $108,085.19 78 1/1/2029 $108,085.19 $2,655.32 $2,383.13 $272.19 $105,702.06 79 2/1/2029 $105,702.06 $2,655.32 $2,389.13 $266.19 $103,312.93 80 3/1/2029 $103,312.93 $2,655.32 $2,395.15 $260.18 $100,917.79 81 4/1/2029 $100,917.79 $2,655.32 $2,401.18 $254.14 $98,516.61 82 5/1/2029 $98,516.61 $2,655.32 $2,407.23 $248.10 $96,109.38 83 6/1/2029 $96,109.38 $2,655.32 $2,413.29 $242.04 $93,696.10 84 7/1/2029 $93,696.10 $2,655.32 $2,419.36 $235.96 $91,276.73 85 8/1/2029 $91,276.73 $2,655.32 $2,425.46 $229.87 $88,851.27

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Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 86 9/1/2029 $88,851.27 $2,655.32 $2,431.57 $223.76 $86,419.71 87 10/1/2029 $86,419.71 $2,655.32 $2,437.69 $217.63 $83,982.02 88 11/1/2029 $83,982.02 $2,655.32 $2,443.83 $211.49 $81,538.19 89 12/1/2029 $81,538.19 $2,655.32 $2,449.98 $205.34 $79,088.21 90 1/1/2030 $79,088.21 $2,655.32 $2,456.15 $199.17 $76,632.06 91 2/1/2030 $76,632.06 $2,655.32 $2,462.34 $192.99 $74,169.72 92 3/1/2030 $74,169.72 $2,655.32 $2,468.54 $186.78 $71,701.18 93 4/1/2030 $71,701.18 $2,655.32 $2,474.76 $180.57 $69,226.42 94 5/1/2030 $69,226.42 $2,655.32 $2,480.99 $174.34 $66,745.44 95 6/1/2030 $66,745.44 $2,655.32 $2,487.24 $168.09 $64,258.20 96 7/1/2030 $64,258.20 $2,655.32 $2,493.50 $161.82 $61,764.70 97 8/1/2030 $61,764.70 $2,655.32 $2,499.78 $155.54 $59,264.92 98 9/1/2030 $59,264.92 $2,655.32 $2,506.07 $149.25 $56,758.85 99 10/1/2030 $56,758.85 $2,655.32 $2,512.39 $142.94 $54,246.46 100 11/1/2030 $54,246.46 $2,655.32 $2,518.71 $136.61 $51,727.75 101 12/1/2030 $51,727.75 $2,655.32 $2,525.06 $130.27 $49,202.70 102 1/1/2031 $49,202.70 $2,655.32 $2,531.41 $123.91 $46,671.28 103 2/1/2031 $46,671.28 $2,655.32 $2,537.79 $117.53 $44,133.49 104 3/1/2031 $44,133.49 $2,655.32 $2,544.18 $111.14 $41,589.31 105 4/1/2031 $41,589.31 $2,655.32 $2,550.59 $104.74 $39,038.73 106 5/1/2031 $39,038.73 $2,655.32 $2,557.01 $98.31 $36,481.72 107 6/1/2031 $36,481.72 $2,655.32 $2,563.45 $91.87 $33,918.27 108 7/1/2031 $33,918.27 $2,655.32 $2,569.91 $85.42 $31,348.36 109 8/1/2031 $31,348.36 $2,655.32 $2,576.38 $78.95 $28,771.98 110 9/1/2031 $28,771.98 $2,655.32 $2,582.87 $72.46 $26,189.12 111 10/1/2031 $26,189.12 $2,655.32 $2,589.37 $65.95 $23,599.75 112 11/1/2031 $23,599.75 $2,655.32 $2,595.89 $59.43 $21,003.86 113 12/1/2031 $21,003.86 $2,655.32 $2,602.43 $52.89 $18,401.43 114 1/1/2032 $18,401.43 $2,655.32 $2,608.98 $46.34 $15,792.45 115 2/1/2032 $15,792.45 $2,655.32 $2,615.55 $39.77 $13,176.90 116 3/1/2032 $13,176.90 $2,655.32 $2,622.14 $33.18 $10,554.76 117 4/1/2032 $10,554.76 $2,655.32 $2,628.74 $26.58 $7,926.01 118 5/1/2032 $7,926.01 $2,655.32 $2,635.36 $19.96 $5,290.65 119 6/1/2032 $5,290.65 $2,655.32 $2,642.00 $13.32 $2,648.65 120 7/1/2032 $2,648.65 $2,655.32 $2,648.65 $6.67 $0.00

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Agenda Item No: 7.h.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1758

AGENDA SUMMARY REPORT
SUBJECT: Finalization of an Internal Loan for the Ice Rink Purchased in September 2021, and Adoption of Corresponding Resolution.

DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. Resolution 2022 - Ice Rink

2. TMUBMUSD10Y _ U.S. 10 Year Treasury Note Historical Prices - WSJ Summary: City Council will consider finalizing an internal loan for the purchase of an ice rink, and approval of the corresponding resolution.

Background: On September 1, 2022, the City Council approved the purchase of one (1) Ice Rink from Everything Ice, Inc., for the amount of $198,259.16 for the City of Ukiah's seasonal ice rink program. The final price paid was $195,805.

Discussion: When presenting the approval of the purchase of the Ice Rink to Council, the funding source identified was the use of an internal loan from the General Fund. In order to establish and finalize this internal loan, also known as an interfund loan, the Council must approve a resolution. Please see Attachment 1 for a copy of the resolution.

Council has already authorized this form of financing on September 1, 2021 when approval of the purchase was given. The resolution outlines the terms of the loan and completes the process. The Ice Rink Fund 315 will be obligated to make payments to the General Fund 100 on a yearly basis, with an interest rate of 3.022% per annum. The interest rate is based on the closing rate on a 10-year Treasury note from June 8, 2022, provided as Attachment 2. The amount of each yearly payment will be determined by the Finance Director, dependent upon the analysis of the Ice Rink fund's revenues and expenditures for each fiscal year. Based on this analysis, if the internal loan and resolution is approved, this fiscal year's payment will be $34,000. The loan is anticipated to be paid off by March 31, 2027.

Recommended Action: Finalize the internal loan for the Ice Rink purchased in September 2021, and approve the corresponding resolution.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Dan Buffalo, Finance Director; Olga Keough, Finance Controller; Darcy Vaughn, Deputy City Attorney

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RESOLUTION 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN INTERNAL LOAN FOR THE PURCHASE OF ONE (1) ICE RINK
WHEREAS:

1. The City Council, on October 6, 2021, approved the purchase of one (1) Ice Rink (“the Equipment) from Everything Ice, Inc., in the amount of $198,259.16 for the City of Ukiah’s Seasonal Ice Rink program, which was determined a more economical approach than renting the equipment on a yearly basis.

2. The final payment made to Everything Ice, Inc. for the Equipment was $195,805, which City staff recommends be funded by the General Fund 100 by an internal loan.

3. The City Council has determined that this arrangement is in the best interest of the City; and

4. Under the internal loan, the Ice Rink Fund 314 will be obligated to make payments, as revenue and expenditures allow in each fiscal year, in an amount to be determined each year by the Finance Director or his/her designee, to the General Fund 100, which will total the amount due to the General Fund; provided the City Council appropriates funds each year to make the payments;
NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah hereby approves the internal loan of $195,805 to Ice Rink Fund 314 for the purchase of the Equipment.

2. The Ice Rink Fund 314 will be directed to compensate the General Fund 100 in yearly payments, and in amounts determined by the Finance Director dependent upon the analysis of revenues versus expenditures for each year. Payments shall be made in a yearly transfer from the Ice Rink Fund to the General Fund. The interest rate for the balance due to the General Fund will be three and twenty-two thousandths percent (3.022%) per annum. Payment shall be made in full by March 31, 2027. Transfers shall be treated as expenditures of the Ice Rink Fund, and revenue to the General Fund in the City’s budgets and financial statements.

PASSED AND ADOPTED this __ day of _______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, City Clerk
ATTACHMENT 1

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03/11/2022 to 06/09/2022 GO

DOWNLOAD A

SPREADSHEET

3.010 - 3.072
52 Week Range (Yield)

1.132 - 3.208
(08/04/21 - 05/09/22)
Coupon

2.875% Maturity
05/15/32
5:00 PM EDT 06/09/22
YIELD

3.046%0.025▲
PRICE
98 6/32
-2/32 (-0.07%)▼
YIELD
Jun 5Jun 6 Jun 7 Jun 8 Jun 9 Jun 10

2.90%

2.95%

3.00%

3.05%
5 D

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NOTES & DATA PROVIDERS
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Agenda Item No: 7.i.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1759

AGENDA SUMMARY REPORT
SUBJECT: Approval of Refinancing of the Ukiah Valley Fire District Lovers Lane Mortgage through the General Fund, and Adoption of Corresponding Resolution.

DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Dan Buffalo, Finance Director
ATTACHMENTS:

1. Lovers Lane Resolution and Amo Schedule

2. TMUBMUSD10Y _ U.S. 10 Year Treasury Note Historical Prices - WSJ Summary: Council will consider approving the refinancing of the Ukiah Valley Fire District (UVFD) Lovers Lane Mortgage through the General Fund, and approve the corresponding resolution, contingent upon the Ukiah Valley Fire District Board's approval.

Background: On March 13, 2013, the UVFD entered into a loan agreement with the Savings Bank of Mendocino County for the purchase of the Fire Station Property located at 141 Lovers Lane, Ukiah, for the amount of $350,000, with an interest rate of 4.5% per annum. On April 1, 2023, a final balloon payment will be due in the amount of $255,187.63.

Discussion: Staff is recommending the refinancing of the UVFD Lovers Lane mortgage through an internal loan through General Fund 100.

The resolution (Attachment 1) outlines the terms of the loan, and also includes the amortization schedule. Under the proposed internal loan, the UVFD will be obligated to make monthly payments for a period of ten years in the amount of $2,466.70 per month, which includes an interest rate of 3.022% per annum. The interest rate is based on the closing rate on a 10-year Treasury note from June 8, 2022, provided as Attachment 2. The loan would begin on April 1, 2023, upon making the final payment to the Savings Bank of Mendocino County.

Recommended Action: Approve refinancing of the Ukiah Valley Fire District Lovers Lane Mortage through the General Fund 100, and approve the corresponding resolution, contingent upon the Ukiah Valley Fire District Board's approval.

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RESOLUTION 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN

INTERNAL LOAN FOR THE UKIAH VALLEY FIRE DISTRICT TO REFINANCE THE LOVERS

LANE MORTGAGE
WHEREAS:

1. On March 13, 2013, the Ukiah Valley Fire District entered into a loan agreement with the Savings Bank of Mendocino County for the purchase of the Fire Station Property located at 141 Lovers Lane, Ukiah, California in the amount of $350,000.

2. On April 1, 2023, a final balloon payment will be due in the amount of $255,187.63.

3. The City Council has determined that financing the balance due by an internal loan from the General Fund 100 is in the best interest of both the City of Ukiah (“City”) and the Ukiah Valley Fire District (“District”); and

4. The City and the District have entered an Amended and Restated Agreement for Shared Management of Fire Departments, effective July 1, 2017, under which the City provides administrative and financial services to the District, including the receipt and accounting for District revenue and expenses; and

5. As part of providing these accounting and financial services the City has established District funds, including District Fund Nos. 915 and 918; and

6. Under the internal loan, the Ukiah Valley Fire District will make monthly payments, with seventy percent (70%) paid from Fund 915 Ukiah Valley Fire District fund, and thirty percent (30%) paid from Fund 918 Ukiah Valley Fire District Mitigation Fees, pursuant to the terms set forth in the Amortization Schedule, attached hereto as Exhibit A; provided the City Council appropriates funds each year to make the payments, and provided that the Ukiah Valley Fire District Board of Directors also appropriates funds each year and approves this arrangement; NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council of the City of Ukiah hereby approves the internal loan of $255,187.63 to the Ukiah Valley Fire District for the final mortgage payment of the Fire Station Property located at 141 Lovers Lane, Ukiah, California.

2. Upon District's Board of Directors approving this internal loan and the terms of this resolution and the final payment being issued to the Savings Bank of Mendocino County, the Ukiah Valley Fire District will be obligated and directed to compensate the City’s General Fund No. 100 in one hundred and twenty (120) monthly principal and interest payments of two thousand four hundred and sixty-six dollars and seventy cents ($2,466.70) per month which includes an interest rate of three and twenty-two thousandths percent (3.022%) per annum. Payments shall be made in monthly transfers from the Ukiah Valley Fire District Funds 915 and 918 to the General Fund.

Transfers shall be treated as expenditures Funds 915 and 918 in the Ukiah Valley Fire District’s budget, and revenue to the General Fund in the City’s budgets and financial statements.

3. The Ukiah Valley Fire District will also have the option to pay off the remainder of the loan at any time regardless of the terms of the Amortization Schedule.

ATTACHMENT 1

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PASSED AND ADOPTED this __ day of _______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, City Clerk

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$255,187.63 $2,466.70

3.022% 120
10 $40,816.74
4/1/2023 $296,004.37
Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 1 5/1/2023 $255,187.63 $2,466.70 $1,824.06 $642.65 $253,363.57 2 6/1/2023 $253,363.57 $2,466.70 $1,828.65 $638.05 $251,534.93 3 7/1/2023 $251,534.93 $2,466.70 $1,833.25 $633.45 $249,701.67 4 8/1/2023 $249,701.67 $2,466.70 $1,837.87 $628.83 $247,863.80 5 9/1/2023 $247,863.80 $2,466.70 $1,842.50 $624.20 $246,021.30 6 10/1/2023 $246,021.30 $2,466.70 $1,847.14 $619.56 $244,174.16 7 11/1/2023 $244,174.16 $2,466.70 $1,851.79 $614.91 $242,322.37 8 12/1/2023 $242,322.37 $2,466.70 $1,856.45 $610.25 $240,465.92 9 1/1/2024 $240,465.92 $2,466.70 $1,861.13 $605.57 $238,604.79 10 2/1/2024 $238,604.79 $2,466.70 $1,865.82 $600.89 $236,738.97 11 3/1/2024 $236,738.97 $2,466.70 $1,870.52 $596.19 $234,868.45 12 4/1/2024 $234,868.45 $2,466.70 $1,875.23 $591.48 $232,993.23 13 5/1/2024 $232,993.23 $2,466.70 $1,879.95 $586.75 $231,113.28 14 6/1/2024 $231,113.28 $2,466.70 $1,884.68 $582.02 $229,228.60 15 7/1/2024 $229,228.60 $2,466.70 $1,889.43 $577.27 $227,339.17 16 8/1/2024 $227,339.17 $2,466.70 $1,894.19 $572.52 $225,444.98 17 9/1/2024 $225,444.98 $2,466.70 $1,898.96 $567.75 $223,546.02 18 10/1/2024 $223,546.02 $2,466.70 $1,903.74 $562.96 $221,642.28 19 11/1/2024 $221,642.28 $2,466.70 $1,908.53 $558.17 $219,733.75 20 12/1/2024 $219,733.75 $2,466.70 $1,913.34 $553.36 $217,820.41 21 1/1/2025 $217,820.41 $2,466.70 $1,918.16 $548.54 $215,902.25 22 2/1/2025 $215,902.25 $2,466.70 $1,922.99 $543.71 $213,979.26 23 3/1/2025 $213,979.26 $2,466.70 $1,927.83 $538.87 $212,051.43 24 4/1/2025 $212,051.43 $2,466.70 $1,932.69 $534.02 $210,118.74 25 5/1/2025 $210,118.74 $2,466.70 $1,937.55 $529.15 $208,181.19 26 6/1/2025 $208,181.19 $2,466.70 $1,942.43 $524.27 $206,238.75 27 7/1/2025 $206,238.75 $2,466.70 $1,947.33 $519.38 $204,291.43 28 8/1/2025 $204,291.43 $2,466.70 $1,952.23 $514.47 $202,339.20 29 9/1/2025 $202,339.20 $2,466.70 $1,957.15 $509.56 $200,382.05 30 10/1/2025 $200,382.05 $2,466.70 $1,962.07 $504.63 $198,419.98 31 11/1/2025 $198,419.98 $2,466.70 $1,967.02 $499.69 $196,452.96 32 12/1/2025 $196,452.96 $2,466.70 $1,971.97 $494.73 $194,481.00 33 1/1/2026 $194,481.00 $2,466.70 $1,976.94 $489.77 $192,504.06 34 2/1/2026 $192,504.06 $2,466.70 $1,981.91 $484.79 $190,522.15 35 3/1/2026 $190,522.15 $2,466.70 $1,986.90 $479.80 $188,535.24 36 4/1/2026 $188,535.24 $2,466.70 $1,991.91 $474.79 $186,543.33 37 5/1/2026 $186,543.33 $2,466.70 $1,996.92 $469.78 $184,546.41 38 6/1/2026 $184,546.41 $2,466.70 $2,001.95 $464.75 $182,544.45 Loan period in years
Start date of loan
Monthly payment
Number of payments
Total interest
Total cost of loan
Loan Values Loan Summary
Lovers Lane Internal Loan Amortization Schedule
Loan amount
Annual interest rate

EXHIBIT A

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Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 39 7/1/2026 $182,544.45 $2,466.70 $2,007.00 $459.71 $180,537.46 40 8/1/2026 $180,537.46 $2,466.70 $2,012.05 $454.65 $178,525.41 41 9/1/2026 $178,525.41 $2,466.70 $2,017.12 $449.59 $176,508.29 42 10/1/2026 $176,508.29 $2,466.70 $2,022.20 $444.51 $174,486.10 43 11/1/2026 $174,486.10 $2,466.70 $2,027.29 $439.41 $172,458.81 44 12/1/2026 $172,458.81 $2,466.70 $2,032.39 $434.31 $170,426.41 45 1/1/2027 $170,426.41 $2,466.70 $2,037.51 $429.19 $168,388.90 46 2/1/2027 $168,388.90 $2,466.70 $2,042.64 $424.06 $166,346.26 47 3/1/2027 $166,346.26 $2,466.70 $2,047.79 $418.92 $164,298.47 48 4/1/2027 $164,298.47 $2,466.70 $2,052.94 $413.76 $162,245.52 49 5/1/2027 $162,245.52 $2,466.70 $2,058.11 $408.59 $160,187.41 50 6/1/2027 $160,187.41 $2,466.70 $2,063.30 $403.41 $158,124.11 51 7/1/2027 $158,124.11 $2,466.70 $2,068.49 $398.21 $156,055.62 52 8/1/2027 $156,055.62 $2,466.70 $2,073.70 $393.00 $153,981.92 53 9/1/2027 $153,981.92 $2,466.70 $2,078.93 $387.78 $151,902.99 54 10/1/2027 $151,902.99 $2,466.70 $2,084.16 $382.54 $149,818.83 55 11/1/2027 $149,818.83 $2,466.70 $2,089.41 $377.29 $147,729.42 56 12/1/2027 $147,729.42 $2,466.70 $2,094.67 $372.03 $145,634.75 57 1/1/2028 $145,634.75 $2,466.70 $2,099.95 $366.76 $143,534.80 58 2/1/2028 $143,534.80 $2,466.70 $2,105.23 $361.47 $141,429.57 59 3/1/2028 $141,429.57 $2,466.70 $2,110.54 $356.17 $139,319.03 60 4/1/2028 $139,319.03 $2,466.70 $2,115.85 $350.85 $137,203.18 61 5/1/2028 $137,203.18 $2,466.70 $2,121.18 $345.52 $135,082.00 62 6/1/2028 $135,082.00 $2,466.70 $2,126.52 $340.18 $132,955.48 63 7/1/2028 $132,955.48 $2,466.70 $2,131.88 $334.83 $130,823.60 64 8/1/2028 $130,823.60 $2,466.70 $2,137.25 $329.46 $128,686.36 65 9/1/2028 $128,686.36 $2,466.70 $2,142.63 $324.08 $126,543.73 66 10/1/2028 $126,543.73 $2,466.70 $2,148.02 $318.68 $124,395.70 67 11/1/2028 $124,395.70 $2,466.70 $2,153.43 $313.27 $122,242.27 68 12/1/2028 $122,242.27 $2,466.70 $2,158.86 $307.85 $120,083.41 69 1/1/2029 $120,083.41 $2,466.70 $2,164.29 $302.41 $117,919.12 70 2/1/2029 $117,919.12 $2,466.70 $2,169.74 $296.96 $115,749.38 71 3/1/2029 $115,749.38 $2,466.70 $2,175.21 $291.50 $113,574.17 72 4/1/2029 $113,574.17 $2,466.70 $2,180.69 $286.02 $111,393.49 73 5/1/2029 $111,393.49 $2,466.70 $2,186.18 $280.53 $109,207.31 74 6/1/2029 $109,207.31 $2,466.70 $2,191.68 $275.02 $107,015.63 75 7/1/2029 $107,015.63 $2,466.70 $2,197.20 $269.50 $104,818.42 76 8/1/2029 $104,818.42 $2,466.70 $2,202.74 $263.97 $102,615.69 77 9/1/2029 $102,615.69 $2,466.70 $2,208.28 $258.42 $100,407.41 78 10/1/2029 $100,407.41 $2,466.70 $2,213.84 $252.86 $98,193.56 79 11/1/2029 $98,193.56 $2,466.70 $2,219.42 $247.28 $95,974.14 80 12/1/2029 $95,974.14 $2,466.70 $2,225.01 $241.69 $93,749.13 81 1/1/2030 $93,749.13 $2,466.70 $2,230.61 $236.09 $91,518.52 82 2/1/2030 $91,518.52 $2,466.70 $2,236.23 $230.47 $89,282.29 83 3/1/2030 $89,282.29 $2,466.70 $2,241.86 $224.84 $87,040.43 84 4/1/2030 $87,040.43 $2,466.70 $2,247.51 $219.20 $84,792.93 85 5/1/2030 $84,792.93 $2,466.70 $2,253.17 $213.54 $82,539.76

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Pmt
No. Payment Date Beginning Balance Payment Principal Interest Ending Balance 86 6/1/2030 $82,539.76 $2,466.70 $2,258.84 $207.86 $80,280.92 87 7/1/2030 $80,280.92 $2,466.70 $2,264.53 $202.17 $78,016.39 88 8/1/2030 $78,016.39 $2,466.70 $2,270.23 $196.47 $75,746.16 89 9/1/2030 $75,746.16 $2,466.70 $2,275.95 $190.75 $73,470.21 90 10/1/2030 $73,470.21 $2,466.70 $2,281.68 $185.02 $71,188.53 91 11/1/2030 $71,188.53 $2,466.70 $2,287.43 $179.28 $68,901.10 92 12/1/2030 $68,901.10 $2,466.70 $2,293.19 $173.52 $66,607.92 93 1/1/2031 $66,607.92 $2,466.70 $2,298.96 $167.74 $64,308.95 94 2/1/2031 $64,308.95 $2,466.70 $2,304.75 $161.95 $62,004.20 95 3/1/2031 $62,004.20 $2,466.70 $2,310.56 $156.15 $59,693.65 96 4/1/2031 $59,693.65 $2,466.70 $2,316.37 $150.33 $57,377.27 97 5/1/2031 $57,377.27 $2,466.70 $2,322.21 $144.50 $55,055.06 98 6/1/2031 $55,055.06 $2,466.70 $2,328.06 $138.65 $52,727.01 99 7/1/2031 $52,727.01 $2,466.70 $2,333.92 $132.78 $50,393.09 100 8/1/2031 $50,393.09 $2,466.70 $2,339.80 $126.91 $48,053.29 101 9/1/2031 $48,053.29 $2,466.70 $2,345.69 $121.01 $45,707.60 102 10/1/2031 $45,707.60 $2,466.70 $2,351.60 $115.11 $43,356.01 103 11/1/2031 $43,356.01 $2,466.70 $2,357.52 $109.18 $40,998.49 104 12/1/2031 $40,998.49 $2,466.70 $2,363.46 $103.25 $38,635.03 105 1/1/2032 $38,635.03 $2,466.70 $2,369.41 $97.30 $36,265.63 106 2/1/2032 $36,265.63 $2,466.70 $2,375.37 $91.33 $33,890.25 107 3/1/2032 $33,890.25 $2,466.70 $2,381.36 $85.35 $31,508.90 108 4/1/2032 $31,508.90 $2,466.70 $2,387.35 $79.35 $29,121.54 109 5/1/2032 $29,121.54 $2,466.70 $2,393.37 $73.34 $26,728.18 110 6/1/2032 $26,728.18 $2,466.70 $2,399.39 $67.31 $24,328.79 111 7/1/2032 $24,328.79 $2,466.70 $2,405.44 $61.27 $21,923.35 112 8/1/2032 $21,923.35 $2,466.70 $2,411.49 $55.21 $19,511.86 113 9/1/2032 $19,511.86 $2,466.70 $2,417.57 $49.14 $17,094.29 114 10/1/2032 $17,094.29 $2,466.70 $2,423.65 $43.05 $14,670.64 115 11/1/2032 $14,670.64 $2,466.70 $2,429.76 $36.95 $12,240.88 116 12/1/2032 $12,240.88 $2,466.70 $2,435.88 $30.83 $9,805.00 117 1/1/2033 $9,805.00 $2,466.70 $2,442.01 $24.69 $7,362.99 118 2/1/2033 $7,362.99 $2,466.70 $2,448.16 $18.54 $4,914.83 119 3/1/2033 $4,914.83 $2,466.70 $2,454.33 $12.38 $2,460.51 120 4/1/2033 $2,460.51 $2,466.70 $2,460.51 $6.20 $0.00

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No. Payment Date Beginning Balance Payment Principal Interest Ending Balance

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No. Payment Date Beginning Balance Payment Principal Interest Ending Balance

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03/11/2022 to 06/09/2022 GO

DOWNLOAD A

SPREADSHEET

3.010 - 3.072
52 Week Range (Yield)

1.132 - 3.208
(08/04/21 - 05/09/22)
Coupon

2.875% Maturity
05/15/32
5:00 PM EDT 06/09/22
YIELD

3.046%0.025▲
PRICE
98 6/32
-2/32 (-0.07%)▼
YIELD
Jun 5Jun 6 Jun 7 Jun 8 Jun 9 Jun 10

2.90%

2.95%

3.00%

3.05%
5 D

Page 307 of 559 ends

NOTES & DATA PROVIDERS
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Agenda Item No: 7.j.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1762

AGENDA SUMMARY REPORT
SUBJECT: Report to City Council Regarding Contract for Sundays in the Park Concert DEPARTMENT: Community Services PREPARED BY: Jake Burgess, Community Services Supervisor PRESENTER: Jake Burgess, Recreation Supervisor
ATTACHMENTS:

1. Ozomatli Contract
Summary: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding payment to Seismonos Inc. for band performance at the 2022 Sundays in the Park Concert Series in the amount of $14,000.

Background: The free Sundays in the Park Concert Series is a family-oriented attraction that has become a cherished tradition for Mendocino County. Six dates are selected each summer for the Sunday evening concerts. Concert musicians are chosen from a diverse range of musical genres. The series brings immense musical talent to the community. The event is funded entirely by private sponsorship and the funds are held in a trust account (90000000.23226) that the City manages.

Discussion: This concert is scheduled to take place Sunday, June 19th at 6pm, the first concert of the 30th Anniversary season of Sundays in the Park free concert series. The concert will feature the return of the LatinReggae-Hip Hop band Ozomatli to the stage at Todd Grove Park, their first since 2017, when they drew one of the largest crowds the concert series has seen. They have been the most requested band by the public in the years since they first performed. Contract is attached for review (Attachment 1).

Recommended Action: Receive report regarding payment to Seismonos Inc., representing Ozomotli, for band performance at the 2022 Sundays in the Park Concert Series in the amount of $14,000.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 90000000-23226: $14,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-213
COORDINATED WITH: Mary Horger, Financial Services Manager

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Agenda Item No: 7.k.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1731

AGENDA SUMMARY REPORT
SUBJECT: Award of Contract for Compaction and Materials Testing Services in the Amount to be Presented to Council for the Road Reconstruction Bond Projects 2022, Specification No. 19-01, 21-04 and 21-05, and Authorize Additional Tests if Needed.

DEPARTMENT: Public Works PREPARED BY: Andrew Stricklin, Associate Engineer PRESENTER: Tim Eriksen, Director of Public Works/City
Engineer
ATTACHMENTS:

1. RFP - Compaction Testing - Dora Construction On Call

2. Proposals - Forthcoming on 6-13-22
Summary: Council will consider awarding a contract to a selected consultant for compaction and materials testing services in the amount to be presented to Council for the Road Reconstruction Bond Projects 2022, Specification No. 19-01, 21-04 and 21-05, and Authorize Additional Tests if Needed. This report was written before the due date of the proposals and thus, both a consultant and cost will be presented in an addendum to the staff report before the meeting.

Background: The City Council was presented with a selection of streets to be rehabilitated at the December 15, 2021, meeting regarding the lease revenue bonding to renovate the City Corporation Yard and improve various city streets. Council approved to pursue bonding at the February 2, 2022, meeting and then approved plans and specifications for the project at the March 2nd meeting with direction to advertise the project for construction bid.

The City has already awarded construction of the Dora Utility Improvement Project, Dora Overlay Project, and will award the South State Street and Dora Improvement Project this summer. Between all three projects, a series of compaction and materials testing will be required on the subgrade of the roadway and paved asphalt.

Discussion: Staff released a Request for Proposal (RFP) for materials and testing services for all three projects to multiple local firms (Attachment 1). Proposals will be received June 13, 2022 (Addendum will be Attachment 2, forthcoming subsequent to agenda publication).

These testing services are essential for the project to ensure the contractors are adhering to the Plans and Specifications and are standard for Public Works Projects. Staff will review proposal(s) and recommend awarding a contract to the qualified and selected consultant in the amount to be presented in an addendum to the staff report prior to the meeting.

Recommended Action: Award of Contract to the Selected Consultant for Compaction and Materials Testing Services in the Amount to be Presented to Council for the Road Reconstruction Bond Projects 2022, Specification No. 19-01, 21-04 and 21-05, and Authorize Additional Tests if Needed.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 25224220.80230.18127: $0;
25224220.80230.18342: $0; 25224220.80230.18254: $0

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PROPOSED BUDGET AMOUNT: 25224220.80230.18127: $TBD;
25224220.80230.18342: $TBD; 25224220.80230.18254: $TBD
FINANCING SOURCE: Series 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Public Works Director/City Engineer

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PUBLIC WORKS DEPARTMENT

REQUEST FOR PROPOSAL

COMPACTION TESTING SERVICES FOR BOND
PROJECTS 2022
PROPOSAL DUE: JUNE 13, 2022 AT 2:00 PM
Attachment #1

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GENERAL INFORMATION / PROJECT LOCATION
The City of Ukiah (City) with a population of 16,075 people, is located approximately 115 miles north of San Francisco, CA on the US Highway 101 corridor. Ukiah is the retail service hub to an area reaching a 50-mile perimeter and experiences a daytime service population exceeding 35,000 people.

The City is completing three paving projects this summer 2022 on both Dora Street and South State Street. Construction has already begun on the first project and completion of all three is anticipated by November 2022. The City will be utilizing City staff for project management and daily inspections during the course of the project.

The Project involves the replacement of existing water mains, sewer mains, sewer manholes, water service lines, sewer laterals from the main to the back of walk, water valves, fire hydrants, installation of pedestrian facilities and complete street reconstruction.

Work will be performed at the following locations:
1) South State Street from Beacon Lane to Cherry Lane.
2) Dora Street from Beacon Lane to Grove Avenue.

The City of Ukiah requests only a letter proposal from qualified firms to provide professional services for the Compaction and Materials Testing for this project. This work will cover three different projects and be treated as an on-call service.

SCOPE OF SERVICES:

The scope of services for this project are estimated:
• (100) Subgrade compaction testing for aggregate base
• (150) In-Place density and relative compaction of Asphalt Concrete (nuclear) – one test per day during placement of at least 300 tons AC.

SCHEDULE:
• Construction began May 2022. Need for compaction testing anticipated to start mid July 2022.
• The City Engineer or his designee will direct the locations of testing and provide consultant 24 hours’ notice of each testing day
• Construction is anticipated to be complete November 2022.

SELECTION:

Consultant selection will be made on the basis of qualifications. The following evaluation criteria will be used in evaluating and selecting candidates:
• Candidate’s specialized experience and technical competence as applicable to the services required.
• Testing laboratory should be accredited by Caltrans.

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CONSULTANT’S PROPOSAL:

Proposals shall be labeled:
“Compaction Testing Services for Bond Projects 2022"
Proposals shall be ELECTRONICALLY submitted to:

Andrew Stricklin, Associate Engineer
[email protected]
Proposals must be received prior to 2:00 PM, JUNE 13, 2022 Proposals shall include the following:

The proposal should include a brief overview of the specific approach and procedures the firm proposes to complete the tasks described in the Scope of Services. The proposal must be signed by an official authorized to bind the successful firm contractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of thirty (30) days after the submittal date. The proposal shall also provide the following: name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract.

Provide a “not to exceed” maximum cost fee proposal for all identified work in the Scope of Services above, including all labor costs for proposed tests. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Additionally, please identify miscellaneous costs associated with this proposal. Submit a copy of your firm’s current itemized hourly rate and testing fee schedule. Consultant selection will be made on the basis of qualifications.

In addition, please provide a unit cost for additional tests, if requested by the City during the course of the project
Lead Times
Please provide the amount of time needed to collect material samples for analysis and the quantity of material needed for each sample. It is assumed the Consultant will collect samples for analysis and coordinate with City and Contractor. Also indicate time for sample to be analyzed for approval/denial.

Exceptions
Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City’s insurance requirements and/or the City’s draft professional services agreement as shown in the attachments, the Consultant should list the exceptions in the proposal.

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INSURANCE REQUIREMENTS
The insurance requirements are set forth in Attachment “B”.

RIGHT OF REFUSAL
The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis.

QUESTIONS
Questions shall be directed to Andrew Stricklin, Associate Engineer, City of Ukiah, Department of Public Works via email: [email protected] or at (707)463-6297.

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ATTACHMENT “A”

AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this day of , 2020 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and _________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited liability company, etc] organized and in good standing under the laws of the state of ______________, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________. b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within ________________ from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $--- ----. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the

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Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-ofWork" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.

4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and the expenses claimed.

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose.

It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City.

Consultant shall pay all estimated and actual federal and state income and self-employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local

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conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination.

6.0 INDEMNIFICATION

6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement.

A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No.

CG 20 37 10 01.

2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.

3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the consultant’s profession.

Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

4. Errors and Omissions liability: $1,000,000 per occurrence.

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant

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shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement.

3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to ------------.

4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

E. Acceptability of Insurers

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Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, after notice to Consultant that City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract.

G. Subcontractors
Consultant shall include all sub-contractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub-contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. “Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

7.0 CONTRACT PROVISIONS

7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-ofWork, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City.

7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in

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connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.

7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties.

7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.

7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.

7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement.

Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties.

8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows:

CITY OF UKIAH --------------
DEPT. OF PUBLIC WORKS --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400

9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:

CONSULTANT

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BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number

CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date

CITY MANAGER
ATTEST
____________________
KRISTINE LAWLER Date

CITY CLERK

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ATTACHMENT “B”

INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant(s), his agents, representatives, or employees.

I. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).

B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability.

II. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis.

B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence basis.

C. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis, insurance coverage must cover claims filed within 3 years after contract work completed.

III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Consultant to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by

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or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance, or as a separate owner’s policy.

B. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers’ compensation policy.

C. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.

D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

VI. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City’s forms, those endorsements must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

VII.Subcontractors
If Consultant uses subcontractors or sub-consultants, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in Paragraph 6.1 of Attachment “A” If you have questions regarding our insurance requirements contact:

Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 3/23/20

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An Addendum with the Proposals will be Attachment 2, and forthcoming on June 13, 2022

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Agenda Item No: 7.l.

MEETING DATE/TIME: 6/15/2022
ITEM NO: 2022-1767

AGENDA SUMMARY REPORT
SUBJECT: Award Contract to Doolittle Construction LLC in the amount of $492,666.04 for the 2022 Slurry Seal of Local Streets, and Approve Corresponding Budget Amendment.

DEPARTMENT: Public Works PREPARED BY: Daniel Flores, Engineer Technician PRESENTER: Tim Eriksen, Public Works Director / City
Engineer
ATTACHMENTS:

1. Spec No 22-01 Slurry Seal of Local Streets - Final

2. Bid Results - Spec 22-01 - Slurry Seal of Local Streets

3. Bid - Doolittle Construction
Summary: Council will consider awarding a contract to Doolittle Construction LLC in the amount of $492,666.04 for the 2022 Slurry Seal of Local Streets.

Background: On June 9, 2022, Council approved the Plans and Specifications for the 2022 Slurry Seal of Local Streets Project, Specification No. 22-01, and authorized Staff to request bids.

The proposed project will rehabilitate pavement with slurry seal of various local Ukiah streets as proposed in the project specification. Refer to the documents shown in the plans at bid time (Attachment #1) for the street locations.

The engineer's estimate for construction contract items for this project was $459,688.

Discussion: Bids were received until June 9, 2022, at which time 5 bids were received. The tabulation is included as Attachment #2.

The lowest responsible bidder was Doolittle Construction LLC with a bid in the amount of $492,666.04 . A copy of their bid is provided as Attachment #3.

The budget for this was slated originally for the 22/23 fiscal year. However, with this project being awarded in this current fiscal year, this will require a budget amendment.

It is therefore Staff's recommendation to award the bid to Doolittle Construction LLC in the amount of $492,666.04 and approve the corresponding budget amendment.

Recommended Action: Award contract to Doolittle Construction LLC in the amount of $492,666.04 for the 2022 Slurry Seal of Local Streets, and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes.

CURRENT BUDGET AMOUNT: 12024200.52100:18332: $0
PROPOSED BUDGET AMOUNT: 12024200.52100:18332: $492,666.04 FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A

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COORDINATED WITH: Sage Sangiacomo, City Manager, Tim Eriksen, Director of Public Works/ City Engineer; Mary Horger, Financial Services Manager

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CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NO. 22-01

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: June 9, 2022
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

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iii

TABLE OF CONTENTS

PAGE

NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS .................................................................................................................... 3

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 7 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 9 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 9 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS ................................................................................................................................. 10 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ..................................................... 11 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR .................................................... 13 6-01. Legal Address of Contractor

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iv
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ...................................................................... 18 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys – NOT PART OF THIS PROJECT
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................ 20 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................. 21 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor

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v
SECTION 10. PAYMENT ........................................................................................................................... 22 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................. 26 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION ................................................................................................ 29 12-01. Arrangement of Technical Specifications
12-02. Arrangement of Plans
12-03. Business Licenses
12-04. Permits
12-05. Standard Specifications and Standard Plans
12-06. Temporary Facilities
12-07. Public Convenience and Safety
12-08. Maintaining Traffic
12-09. Traffic Control System for Street Closure
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Dust Control – Street Sweeper Provided by Contractor 12-14. Noise Control
12-15. Watering
12-16. Preconstruction Conference
12-17. Progress Schedule
12-18. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 33 13-01. Location and Scope of Work
13-02. Existing Highway Facilities – NOT PART OF THIS PROJECT 13-03. Preservation of Property
13-04. Watering
13-05. Utility Boxes
13-06. Slurry Seal (TYPE II)
13-07. Slurry Seal (TYPE III)
13-08. General – Slurry Seal
13-09. Traffic Striping
13-10. Removal of Stripes and Markings
13-11. Thermoplastic Pavement Markings
13-12. Pavement Markings
13-13. Pavement Markers (Blue)

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vi
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 39 14-01. Provisions to be excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 39 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST .................................................................................................................... 40 PROPOSAL ........................................................................................................................................... 41 BIDDING SCHEDULE ................................................................................................................................. 42 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 45 WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 46 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 47 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 48 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 49 SIGNATURE OF BIDDER ........................................................................................................................... 50 BIDDER'S BOND ........................................................................................................................................ 51 NON-COLLUSION AFFIDAVIT ................................................................................................................... 52 AGREEMENT ........................................................................................................................................... 53 INDEMNIFICATION AGREEMENT ............................................................................................................ 57 EXAMPLE BOND FORMS .......................................................................................................................... 58 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 63 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 64

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

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1 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 NOTICE IS HEREBY GIVEN that sealed standard proposals for SLURRY SEAL OF LOCAL STREETS will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on June 9, 2022 at which time, or as soon thereafter as possible, they will be publicly opened and read.

Bids shall be addressed to the City Clerk and shall be endorsed “SLURRY SEAL OF LOCAL STREETS” Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/

ENGINEER'S ESTIMATE OF QUANTITIES
ITEM NO. DESCRIPTION QUANTITY UNIT
1 Traffic Control 1 LS
2 Slurry Seal (TYPE 2) 166,756 SY
3 Slurry Seal (TYPE 3) 10,992 SY
4 Solid Yellow 4" Traffic Stripe 2,568 LF
5 Solid White 4" Traffic Stripe 48 LF
6 Solid Double Yellow 4" Traffic Stripe 1,093 LF
7 Broken Yellow 4" Traffic Stripe 15,415 LF
8 Solid White 8" Stripe 192 LF
9 Thermoplastic White Crosswalk 2,363 LF
10 Thermoplastic Yellow Crosswalk 1,290 LF
11 Thermoplastic Ladder Crosswalk 3,189 SF
12 Thermoplastic Stop bar 864 LF
13 Thermoplastic Pavement Markings 1 LS
14 Pavement Markings 1 LS
15 Pavement Markers 1 LS
Please note: ALL ROADWAY GRINDING AND PAVING FOR THIS PROJECT MUST BE COMPLETED BETWEEN THE DATES OF JULY 28TH THRU AUGUST 22, 2022 while schools are on summer break.

Plans and Special Provisions may also be downloaded at no charge from the City’s website at www.cityofukiah.com/purchasing. Contact Mary Horger, Financial Services Manager, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax phone (707) 313-3621.

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed under

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2 Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ the prime contractor for the work herein shall possess a current, valid State of California, Class A (General Engineering) Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

By order of the City Council, City of Ukiah, County of Mendocino, State of California.

Dated: ________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: May 19, 2022
5/12/22

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3 INSTRUCTIONS TO BIDDERS
SLURRY SEAL OF LOCAL STREETS shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

Each bidder must supply all the information required by the bid documents and Special Provisions.

Minority 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 for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.

No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.

The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.

The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.

The work is to be completed within fifteen (15) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day’s delay beyond the time prescribed.

The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or

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SLURRY SEAL OF LOCAL STREETS 4 Spec NO. 22-01
representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.

The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.

Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:

Mary Horger, Financial Services Manager
Fax: (707) 313-3621
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

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SLURRY SEAL OF LOCAL STREETS 5 Spec NO. 22-01
Location of the Work
All of the work to be performed is within the City of Ukiah.

STREET NAME BEGINNING ENDING
N. Barnes St. Park Blvd N. Side W. Standley St.

N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St.

N. Barnes St. S. Side W. Perkins St. N. Side W. Church St.

Church St. (X2 = TYPE 2, TYPE 3) E. Side Hortense St. Dora St.

Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave
Cypress Ave. E Side N. Spring St. W. Side N. Bush St.

Dominican Way Maple Ave. End
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave.

Dora Ave. E. Side Hazel Ave. W Side N. Spring St.

Dora Ave. E Side N. Spring St. N. Side Grove Ave.

Evans St. N State St. End
Fairway Ave. Maple Ave. End
Ford St. (X2 = TYPE 2, TYPE 3) State St. Orchard Ave.

St. Francis Ct. Maple Ave. End
Gibson St. W. Side Pine St. N Bush St.

Hamilton St. Clara Ave. Hospital Dr.

Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave
Hazel Ave. S. Side Dora Ave. N. Side Grove Ave.

Hazel Ave. S. Side Grove Ave. N. Side Walnut
Helen Ave. Mendocino Ave End
W. Henry St. N. Dora St. State St.

N. Highland Ave. W. Standley St. N. Side Perkins St.

N. Hope St. N. Side W Church St. S. Side W Perkins St.

N. Hope St. N. Side W. Perkins St. S. Side W. Standley St.

N. Hope St. N. Side W. Standley St. Smith St.

N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St.

N. Hortense St. S. Side W. Perkins St. N. Side W. Church St.

Live Oak Ave. Wanut Ave.(TO NEW
PORTION) End
Maple Ave. Valley View Dr. W. Side Live Oak Ave.

Maple Ave. E. Side Live Oak Ave End
Mason St. Clara Ave E Perkins St.

Myron Pl Ford St. End
N. Oak St. (X2 = TYPE 2) Low Gap Rd N. Side Scott St.

N. Oak St. (X2 = TYPE 2) S. Side Scott St. N Side W. Henry St.

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SLURRY SEAL OF LOCAL STREETS 6 Spec NO. 22-01

STREET NAME BEGINNING ENDING
N. Oak St. (X2 = TYPE 2) S. Side W. Henry St. N Side W. Smith St.

N. Oak St. (X2 = TYPE 2) S. Side W. Smith St. N. Side W. Standley St.

N. Oak St. (X2 = TYPE 2) S. Side W. Standley St. N. Side W. Perkins St.

N. Oak St. (X2 = TYPE 2) S Side W. Perkins St. N Side W. Church St.

Orr St. Bridge Ford St.

Park Place Park Blvd End
Park Ct. Park Place End
N. Pine St. S. Side Scott St. S. Side Grove Ave.

Ruddock Ave. N School St N Oak St.

Sidnie St. Ford St. Clara Ave.

W. Standley St. W. Standley Ct. End (West Side)
W. Standley St. W. Standley Ct. W. Side N. Barnes St.

W. Standley St. W. Side N. Barnes St. W. Side Dora St.

W. Standley St. E. Side Dora St. W. Side N. School St.

W. Standley St. E. Side N. Main St. W. Side Mason St.

W. Smith St. (X2 = TYPE 2, TYPE 3) N. Barnes St. W. Side N. Spring St.

W. Smith St. E. Side N. Dora St. W. Side N. School St.

W. Smith St. E. Side School St. New Section of Smith St.

E. Smith St. E. Side N. Main St. 40 ft. East of N. Main St.

E. Smith St. W. Main St. To new section before State St.

N. Spring St. Cypress Ave. N. Side Dora Ave.

N. Spring St. S. Side Dora Ave. N. Side Grove Ave.

N. Spring St. S. Side W. Perkins St. N. Side Church St.

Todd Road N Barnes St. Walnut Ave
Wabash Ave S. State St. S. Dora St.

Willow Ave N. Dora St. E. Side N. Spring St.

Willow Ave W. Side N. Spring St. End of Willow Ave.

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SLURRY SEAL OF LOCAL STREETS 7 Spec NO. 22-01

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be

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SLURRY SEAL OF LOCAL STREETS 8 Spec NO. 22-01
assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) 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)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.

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SLURRY SEAL OF LOCAL STREETS 9 Spec NO. 22-01
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgment of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements.

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3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set

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forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.

6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein.

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SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

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The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or

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her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer

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and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.

All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

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5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.

Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

7. Apprentices.

Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City.

The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.

Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work within the subject intersection, including detours, lane and street closures, hours of operations, and notification of affected commercial businesses if impacted by construction. For any business impacted by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction for pedestrian traffic. Through street access from will be restricted to businesses and residents only during construction days. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior to noticing the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures.

The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of the intersection shall be noted all road closures, detour routes, and traffic control

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including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.

The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.

Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. NOT PART OF THIS PROJECT Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations.

The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction.
7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the

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Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.

However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.

Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.

The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently

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disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.

SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

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When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.

SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. ALL ROADWAY GRINDING AND PAVING FOR THIS PROJECT MUST BE COMPLETED BETWEEN THE DATES OF JULY 28TH THRU AUGUST 22, 2022 while schools are on summer break.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby.

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9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work

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satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.

The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.

1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.

Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as banker’s acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the

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Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.

The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.

3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the

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amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".

When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.

All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.

When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D, “Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.

This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar days delay beyond the time prescribed.

SECTION 11. MISCELLANEOUS

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11-01. Notice. 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 or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.

(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement

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SLURRY SEAL OF LOCAL STREETS 27 Spec NO. 22-01
identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privacy of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or

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all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-02. Arrangement of Plans. The Plans consist of (3) sheets numbered 1 through 3 and they are hereby made a part of the Contract Documents.
12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall obtain and pay for all permits required to complete this work except the required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2015, are hereby made a part of these Technical Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be understood to mean and refer to the following:

Department or Department of Transportation - The City Council.

Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.

Engineer - The Engineer, designated by the Director of Public Works, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.

State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.

In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:

1. City Special Provisions (Technical Specifications)

2. City Project Plans

3. City Standard Plans and Details

4. California Standard Plans

5. California Standard Specifications
12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities.
12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work.

The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working

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area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. Full cost for “Public Convenience and Safety” shall be considered as included in the various items of work and no additional compensation will be made.
12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.

Street Closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System for Street Closure.”
When leaving a work area and entering a roadway carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress.

Designated City holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, the second Monday in November, Thanksgiving Day, the day following Thanksgiving Day, December 24th, December 25th, December 30th, December 31st. When a designated City holiday falls on a Sunday, the following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a designated City holiday.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.

The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications.

Payment. Full costs for “Maintaining Traffic”, including “Flagging Costs” shall be considered as part of the lump sum payment for Traffic Control System and no additional compensation will be made. 12-09. Traffic Control System for Street Closure. A traffic control system shall consist of closing streets in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, and provisions under “Maintaining Traffic” elsewhere in these Special Provisions.

The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to comply with the provisions in Section 12-08, “Public Safety”, of the Standard Specifications.

The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the State Right-of Way.

The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control during construction.

The following information shall be included in the Traffic Control Plan:
 Sequencing of construction
 Street layout, with street names and direction of flow  Location and types of construction area signs (including pedestrian notification)  Locations of barriers or other traffic control devices  Location of flaggers

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 A contingency plan for how to handle emergency vehicles The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the Engineer. The City reserves the right to delay the contractor’s operations until such time that a Traffic Control Plan has been reviewed and approved by the Engineer.

If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

When street closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the street right-of-way.

Payment. The contract lump sum price paid for traffic control shall include full compensation for furnishing a Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.

The Contractor’s attention is also directed to Section 7-1.01G, “Water Pollution,” of the Standard Specifications and to Section 13, “Water Pollution Control”, of the Construction Details Section concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses during the construction of the project. Said written program shall include the erosion control provisions required by Section 13, “Temporary Erosion Control”, of these Construction Details.” 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during this warranty period.
12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). 12-13. Dust Control. (STREET SWEEPER PROVIDED BY CONTRACTOR) Dust control shall conform to the provisions of Section 10 of the Standard Specifications. Full compensation for dust control shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. This includes the application of water for the purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use dust palliative in accordance with the provisions of Section 18, “Dust Palliative’” of the Standard Specifications except that the full compensation for applying dust palliative shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph

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12-14. Noise Control. The Contractor’s attention is directed to the provisions of section 7.1.01I, “Sound Control Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days.

Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.

The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
12-15. Watering. The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, “Watering,” of the Standard Specifications except as modified by these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer and for developing the water supply shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Works Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications. 12-18. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.

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SLURRY SEAL OF LOCAL STREETS 33 Spec NO. 22-01
SECTION 13 ‐ CONSTRUCTION DETAILS
13-01. Location and Scope of Work.

STREET NAME FROM TO
N. Barnes St. Park Blvd N. Side W. Standley St.

N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St.

N. Barnes St. S. Side W. Perkins St. N. Side W. Church St.

Church St. (X2 = TYPE 2, TYPE 3) E. Side Hortense St. Dora St.

Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave
Cypress Ave. E Side N. Spring St. W. Side N. Bush St.

Dominican Way Maple Ave. End
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave.

Dora Ave. E. Side Hazel Ave. W Side N. Spring St.

Dora Ave. E Side N. Spring St. N. Side Grove Ave.

Evans St. N State St. End
Fairway Ave. Maple Ave. End
Ford St. (X2 = TYPE 2, TYPE 3) State St. Orchard Ave.

St. Francis Ct. Maple Ave. End
Gibson St. W. Side Pine St. N Bush St.

Hamilton St. Clara Ave. Hospital Dr.

Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave
Hazel Ave. S. Side Dora Ave. N. Side Grove Ave.

Hazel Ave. S. Side Grove Ave. N. Side Walnut
Helen Ave. Mendocino Ave End
W. Henry St. N. Dora St. State St.

N. Highland Ave. W. Standley St. N. Side Perkins St.

N. Hope St. N. Side W Church St. S. Side W Perkins St.

N. Hope St. N. Side W. Perkins St. S. Side W. Standley St.

N. Hope St. N. Side W. Standley St. Smith St.

N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St.

N. Hortense St. S. Side W. Perkins St. N. Side W. Church St.

Live Oak Ave. Wanut Ave.(TO NEW
PORTION) End
Maple Ave. Valley View Dr. W. Side Live Oak Ave.

Maple Ave. E. Side Live Oak Ave End
Mason St. Clara Ave E Perkins St.

Myron Pl Ford St. End
N. Oak St. (X2 = TYPE 2) Low Gap Rd N. Side Scott St.

N. Oak St. (X2 = TYPE 2) S. Side Scott St. N Side W. Henry St.

N. Oak St. (X2 = TYPE 2) S. Side W. Henry St. N Side W. Smith St.

N. Oak St. (X2 = TYPE 2) S. Side W. Smith St. N. Side W. Standley St.

N. Oak St. (X2 = TYPE 2) S. Side W. Standley St. N. Side W. Perkins St.

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SLURRY SEAL OF LOCAL STREETS 34 Spec NO. 22-01

STREET NAME FROM TO
N. Oak St. (X2 = TYPE 2) S Side W. Perkins St. N Side W. Church St.

Orr St. Bridge Ford St.

Park Place Park Blvd End
Park Ct. Park Place End
N. Pine St. S. Side Scott St. S. Side Grove Ave.

Ruddock Ave. N School St N Oak St.

Sidnie St. Ford St. Clara Ave.

W. Standley St. W. Standley Ct. End (West Side)
W. Standley St. W. Standley Ct. W. Side N. Barnes St.

W. Standley St. W. Side N. Barnes St. W. Side Dora St.

W. Standley St. E. Side Dora St. W. Side N. School St.

W. Standley St. E. Side N. Main St. W. Side Mason St.

W. Smith St. (X2 = TYPE 2, TYPE 3) N. Barnes St. W. Side N. Spring St.

W. Smith St. E. Side N. Dora St. W. Side N. School St.

W. Smith St. E. Side School St. New Section of Smith St.

E. Smith St. E. Side N. Main St. 40 ft. East of N. Main St.

E. Smith St. W. Main St. To new section before State St.

N. Spring St. Cypress Ave. N. Side Dora Ave.

N. Spring St. S. Side Dora Ave. N. Side Grove Ave.

N. Spring St. S. Side W. Perkins St. N. Side Church St.

Todd Road N Barnes St. Walnut Ave
Wabash Ave S. State St. S. Dora St.

Willow Ave N. Dora St. E. Side N. Spring St.

Willow Ave W. Side N. Spring St. End of Willow Ave.

The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
13-02. Existing Highway Facilities. NOT PART OF THIS PROJECT The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions.

All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way.

Such disposal shall conform to the provisions in Section 7-1.13, “Disposal of Material outside the Highway Right-of-Way.”
Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.
13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore.

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Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.
13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property owners without their written permission.

Payment. Full compensation for developing and applying water conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore. 13-05. Utility Boxes. Prior to commencing the slurry seal operation, all surface utility covers including but not limited to survey monuments, manholes, water valves, etc. shall be protected by thoroughly covering the surface with an appropriate adhesive and oiled or plastic paper. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of the same work day. The Contractor shall take precautions to remove any slurry that may cover these appurtenances.
13-06 Slurry Seal (TYPE II). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation:
(B)
GRADATION – TYPE II SLURRY

SIEVE SIZE PERCENTAGE PASSING
3/8 “ 100
No. 4 94 - 100
No. 8 65 - 90
No. 16 40 - 70
No. 30 25 - 50
No. 200 5 - 15
The aggregate shall also conform to the following quality requirements:

TEST CALIFORNIA TEST REQUIREMENTS
Sand Equivalent 217 55 Minimum
Durability Index 229 55 Minimum
(C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work.
(E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate.

If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.

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(b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard.

The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer.
13-07 Slurry Seal (TYPE III). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation:
(B)
GRADATION – TYPE III SLURRY

SIEVE SIZE PERCENTAGE PASSING
3/8 “ 100
No. 4 70 - 90
No. 8 45 - 70
No. 16 28 - 50
No. 30 19 - 34
No. 200 5 - 15
The aggregate shall also conform to the following quality requirements:

TEST CALIFORNIA TEST REQUIREMENTS
Sand Equivalent 217 60 Minimum
Durability Index 229 55 Minimum
(C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work.
(E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate.

If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.

Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and
(c) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (d) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard.

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The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer.
13-08. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a subgrade consisting of an existing asphalt concrete pavement, as herein required.

Slurry Seal Contractor will perform all necessary street sweeping of the surface upon which the slurry seal is to be applied.

The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as scheduled upon approval of the Engineer.

The Contractor shall attend a pre-construction conference as scheduled by the City representatives.

13-09. Traffic Striping. This work shall consist of applying painted and thermoplastic traffic stripes (traffic lines) and pavement markings at the locations and in conformance with the details shown on the plans or designated by the Engineer, and as specified in these specifications and the special provisions.

For the purposes of this Section, traffic stripes (traffic lines) are defined as longitudinal centerlines and lane lines which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark the edge of the traveled way or the edge of the lanes at gore areas separating traffic at exit and entrance ramps.

Pavement markings are defined as transverse markings which include, but are not limited to, word and symbol markings, limit lines (stop lines), crosswalk lines, shoulder markings, parking stall markings and railroad grade crossing markings.

Control of Alignment and Layout. All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the Contractor with any device or method that will not damage the pavement nor conflict with other traffic control devices.

Tolerances and Appearance. Traffic stripes and pavement markings shall conform to the dimensions and details shown on the plans.

Completed traffic stripes shall have clean and well-defined edges without running or deformation, shall be uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements:

A. The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more than 2 inches from the lengths shown on the plans.

B. The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and superimpose additional stripes upon the traffic stripe being applied.

The completed pavement markings shall have clean and well-defined edges without running or deformation and shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the Engineer.

Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the Contractor's expense.

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SLURRY SEAL OF LOCAL STREETS 38 Spec NO. 22-01
Protection from Damage. The Contractor shall take special care to protect existing reflective pavement markers and shall, at the Contractor's expense, replace all coated markers.

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry or the thermoplastic material has sufficiently hardened. 13-10. Removal of Stripes and Markings. Stripes and markings consist of anything which is thermoplastic, stop bars, crosswalks, pavement markings etc. Sandblasting of traffic stripes shall not be permitted. Removal of traffic stripes shall be by grinding, or by other methods approved in writing by the Engineer. Drain inlets adjacent to areas to be ground shall be protected from grindings entering the storm drain system. For removal of pavement markings, a rectangular area shall be ground to prevent ghosting of the original marking and be covered with rectangular area of Type II slurry. Conflicting striping shall be removed completely. Type II slurry of conflicting striping is required when it crosses the new traveled lane. When this occurs, the entire lane shall be slurried from lane line to lane line over the entire length of the conflicting striping. This requirement will not apply to ceramic markers unless specified on the plans.

13-11. Thermoplastic Pavement Markings. This work shall consist of furnishing and applying thermoplastic pavement markings, including glass beads in accordance with Section 84-2 “Thermoplastic Traffic Stripes and Pavement Markings” and these Special Provisions.

Measurement. Thermoplastic pavement markings are a lump sum item.

Payment. The lump sum contract price paid for thermoplastic traffic markings of the widths and patterns designated in the project plans and as specified herein, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing thermoplastic traffic markings, applying thermoplastic traffic markings, complete in place, including establishing alignment for markings, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-12. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings, STOP bars, and “STOP” markings shall be painted and shall have glass beads applied as per the plans in accordance with Section 84, “Traffic Stripes and Pavement Markings” of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to any slurry seal taking place on those streets that have pavement markings.

All pavement crosswalks and markings shall be applied in thermoplastic unless otherwise noted.

Measurement. Painting pavement markings are a lump sum item.

Payment. The lump sum contract price paid for painted traffic markings of the widths and patterns designated in the project plans and as specified herein for painted pavement markings, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting pavement markings(regardless of the number, widths and patterns of individual markings involved at each location) including removal of existing painted traffic markings, establishing alignment for markings, complete in place, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-13. Pavement Markers (Blue). All pavement markers are reflective pavement markers shall be installed as described in the following respective sections.

Measurement. Placing reflective and non-reflective pavement markers are a lump sum item.

Payment. The lump sum contract price paid per reflective and non-reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers.

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SLURRY SEAL OF LOCAL STREETS 39 Spec NO. 22-01
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.

The following designated sections of the Special Provisions0+are hereby amended to read as follows:

No amendments.

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SLURRY SEAL OF LOCAL STREETS 40 Spec NO. 22-01

BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:

Did you include?...
o Proposal (Page 41)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 45)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 46)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 47)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 48)
 Filled out completely per instruction
o Statement of Experience (Page 49)
o Signature of Bidder (Page 50)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 51)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 52)
 Filled out completely per instruction
 Notarized
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing

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SLURRY SEAL OF LOCAL STREETS 41 Spec NO. 22-01

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

SLURRY SEAL OF LOCAL STREETS
Specification No. 22-01
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

AND he or she proposes and agrees, if this proposal is accepted, 1) That he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) To provide all necessary machinery, tools, apparatus and other means of construction; b) To furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) To pay all charges of freight transportation and hauling; 2) That he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) That he or she will accept as full payment therefor the following sum

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SLURRY SEAL OF LOCAL STREETS 42 Spec NO. 22-01

BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:

1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;

2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.

The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.

Lowest bid will be based on the lowest Base Bid.

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SLURRY SEAL OF LOCAL STREETS 43 Spec NO. 22-01
NAME OF BIDDER:

SPEC #: 22-01
PROJECT NAME: SLURRY SEAL OF LOCAL STREETS
ITEM
NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Traffic Control 1 LS $____________ $_________________________ 2 Slurry Seal (TYPE 2) 166,756 SY $____________ $_________________________ 3 Slurry Seal (TYPE 3) 10,992 SY $____________ $_________________________ 4 Solid Yellow 4" Traffic
Stripe 2,568 LF $____________ $_________________________ 5 Solid White 4” Traffic
Stripe 48 LF $____________ $_________________________
6 Solid Double Yellow 4"
Traffic Stripe 1,093 LF $____________ $_________________________ 7 Broken Yellow 4"
Traffic Stripe 15,415 LF $____________ $_________________________ 8 Solid White 8” Stripe 192 LF $____________ $_________________________ 9 Thermoplastic White
Crosswalk 2,363 LF $____________ $_________________________ 10 Thermoplastic Yellow
Crosswalk 1,290 LF $____________ $_________________________ 11 Thermoplastic Ladder
Crosswalk 3,189 SF $____________ $_________________________ 12 Thermoplastic Stop
Bar 864 LF $____________ $_________________________
13 Thermoplastic
Pavement Markings
1 LS $____________ $_________________________
14 Pavement Markings 1 LS $____________ $_________________________ 15 Pavement Markers 1 LS $____________ $_________________________ We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.

THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.

Department of Industrial Relations Public Works Contractor Registration Number: _____________________

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SLURRY SEAL OF LOCAL STREETS 44 Spec NO. 22-01
Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

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Ukiah City CouncilJune 15, 2022

Ukiah City Council
June 15, 2022