City Council
Special Meeting
AGENDA
Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
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January 11, 2023 - 6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. City Council to Receive the Annual Diversity and Equity Report.
Recommended Action: Receive report.
Attachments:
1. Resolution 2022_01
2. Equity Action Plan
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the December 21, 2022, Regular Meeting.
Recommended Action: Approve the Minutes of the December 21, 2022, Regular Meeting.
Attachments:
1. 2022-12-21 Draft Minutes
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
8.a. Approve a Budget Amendment for Solid Waste Clean-Up and Abatement Activities in the Amount of $34,000.
Recommended Action: Approve a budget amendment for solid waste clean-up and abatement activities in the amount of $34,000.
Attachments: None
8.b. Adoption of Resolution Approving the City of Ukiah's Qualified Contractors List for 2023.
Recommended Action: Adopt the proposed resolution approving the Qualified Contractors List for 2023.
Attachments:
1. City Code Section 1541-1543
2. Cost Accounting Manual - Partial
3. Annual Public Notice - November 2022
4. Proposed Resolution with Exhibit A
8.c. Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
Attachments:
1. AB 361 Findings Reconsideration for All Legislative Bodies
8.d. Approval of Contract Amendment with GHD Inc. for Additional Design Support for the Great Redwood Trail Phase 4 Project in the Amount of $61,958.00.
Recommended Action: Approve contract amendment with GHD Inc. for the additional design support for the Great Redwood Trail Project Phase 4 in the amount of $61,958.00.
Attachments:
1. Original ASR
2. Amendment 1
3. Amendment 2
8.e. Consideration of Adoption of Resolution Reappointing Members to the Diversity and Equity Standing Committee.
Recommended Action: Adopt Resolution reappointing Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli to an additional two (2) year term on the City of Ukiah Diversity and Equity Committee.
Attachments:
1. CC Reso 2020-59 - Establishing Equity and Diversity Standing Committee
2. Proposed Resolution
8.f. Consideration of Award of Contract for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, to James Day Construction, DBA Coastal Mountain Electric, in the Amount of $113,271.10.
Recommended Action: Award contract for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification No. 22-09 to James Day Construction, in the amount of $113,271.10.
Attachments:
1. Bid Spec-Dwgs-Addenda
2. Bid Results - Spec 22-09 - Gobbi Elec Svc OH to UG
8.g. Report to Council for the Purchase of Services from SMB Environmental for Environmental Construction Inspection and Monitoring Services for the Recycled Water Project – Phase 4 at the Waste Water Treatment Plant, in the Amount of $56,000.
Recommended Action: Report of the purchase of services from SMB Environmental for Environmental Construction Inspection and Monitoring Services for the Recycled Water Project – Phase 4 at the Waste Water Treatment Plant, in the Amount of $56,000 Attachments:
1. SMB Environmental Contract
8.h. Approve Purchase Order Number 48215-00 in the Amount of $48,002.52 for the Replacement of Knox Box Key Cores throughout the Ukiah Valley Fire District.
Recommended Action: Staff recommends City Council review and approve purchase order number 48215-00 in the amount of $48,002.52 for the replacement of Knox Box key cores located throughout the service territory of the Ukiah Valley Fire Authority.
Attachments:
1. Knox Po 48215
8.i. Approve Award of Contract to the KPA Group for Phase Two Design Services for the City's Customer Service Center at 501 South State Street in the Amount of up to $117,625.
Recommended Action: Approve award of contract to the KPA Group for Phase Two Design Services at 501 South State Street in the amount of up to $117,625.
Attachments:
1. Ukiah Barrier Removal - Phase 2 Design Services KPA Proposal
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (6:15 PM)
13. UNFINISHED BUSINESS
14. NEW BUSINESS
14.a. Receive Updates; Discussion and Appointments Regarding 2023 Council Assignments; and Consideration of Disbandment and Modification to City Council Committees and Ad Hocs/Standing Committees.
Recommended Action: 1) Receive report(s); 2) Discuss the Mayor's recommended assignments, making any possible appointments or re-assignments; 3) Consider the possible continuation, disbandment, and addition of City Council Ad Hoc and/or committees; and 4) Direct the City Clerk to finalize and attach the 2023 Council Assignments and Ad Hoc/Standing Committees List to the January 11, 2023, Minutes.
Attachments:
1. 2023 Draft City Council Special Assignments
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 cases)
15.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2) or (3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 case))
15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612
15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
Recommended Action: None
Attachments: None
15.g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment
15.h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
15.i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on
the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 24 hours prior to the meeting set forth on this agenda.
Kristine Lawler, City Clerk
Dated: 1/6/23
Agenda Item No: 4.a.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2022-2291
AGENDA SUMMARY REPORT
SUBJECT: City Council to Receive the Annual Diversity and Equity Report.
DEPARTMENT: City Manager /
Admin PREPARED BY: Maria Ceja, Administrative Analyst
PRESENTER:
Traci Boyl, Senior Analyst to the City Manager's
Office and Maria Conchita Ceja, Administrative
Analyst to the City Manager's Office
ATTACHMENTS:
1. Resolution 2022_01
2. Equity Action Plan
Summary: The Ukiah City Council will receive the annual Diversity and Equity Committee report, including updates and progress on the City's Equity Action Plan.
Background: To support the City's forward progress as a service provider and employer, the City Council established an 11-member Diversity and Equity Standing Committee on October 7, 2020 (Resolution 2020- 59). The Committee was tasked with developing a comprehensive Equity Action Plan, overseeing and supporting the implementation of that plan, and providing an annual report to Council.
The Committee began meeting regularly, conducting extensive research, participating in discussions, and conducting outreach to the represented groups to develop a thoughtful and comprehensive Equity Action Plan to guide the City's programs, policies, and actions. On January 19, 2022, the Ukiah City Council adopted the City's Equity Action Plan (Attachment #1) per Resolution 2022-01 (Attachment #2). The Equity Action Plan contains six goals and 23 action steps to support the implementation of those goals.
Discussion: Since January 19, 2022, City Staff and the Diversity and Equity Committee have worked diligently to implement the goals and actions of the Equity Action Plan. Goal six of the Equity Action Plan, "Ensure accountability in the implementation of goals and assessment of progress toward outcomes," helps to ensure accountability and transparency in the implementation and ongoing progress of the Plan. And to that end, City Staff, with input from the Diversity and Equity Committee, have prepared an annual report for the Council to demonstrate the progress toward the outcomes and goals identified in the Plan and to celebrate the numerous achievements of the past year. Some of the significant accomplishments and progress of the past year, which will be highlighted in the presentation to the Council, include the following:
• 100% of all Board, Committee, and Commission applications include equity-related questions. • The City Council issued 12 proclamations celebrating the diversity of our community. • Adopted MOUs for all bargaining units, which include a 5% pay compensation for qualified bi-lingual/biliterate Staff and 3% for intermediate level. • The diversity of regular-full-time City Staff has increased by 5%. • Adopted a new 2040 General Plan, which includes four goals and 12 policies to address environmental justice.
• Constructed 75 new ADA ramps and approximately three miles of new bike lanes The comprehensive report will be presented to the Council at the January 11 meeting.
Recommended Action: Receive report.
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: Diversity and Equity Committee
DIVERSITY-EQUITY INITIATIVES (DEI):
Goal 6 – Ensure accountability in the implementation of goals and assessment of progress toward outcomes CLIMATE INITIATIVES (CI): n/a
ATTACHMENT 1
ATTACHMENT 2
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
December 21, 2022
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on December 21, 2022, having been legally noticed on December 16, 2022. The meeting was held in person and virtually at the following link:
https://zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Susan Sher, Douglas, F. Crane, Josefina Dueňas, and Mari Rodin. Absent by Prearrangement: Juan V. Orozco. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.
MAYOR RODIN PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Rodin.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation Honoring Retiree Ken Ronk for His Years of Service to the City of Ukiah.
Presenter: Mayor Rodin and Greg Owen, Airport Manager.
Certificate was presented and received Ken Ronk.
5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the December 7, 2022, Regular Meeting.
Motion/Second: Sher/Rodin to approve Minutes of December 7, 2022, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Sher, Crane, Dueňas, and Rodin.
NOES: None. ABSENT: Orozco. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
8. CONSENT CALENDAR
a. Report of Disbursements for the Month of November 2022 - Finance. b. Approval of a Budget Amendment in the Amount of $19,079 for Mead & Hunt Construction Administration Services Agreement - Airport.
City Council Minutes for December 21, 2022, Continued:
c. Adoption of Resolution (2022-81) Approving Amendment to Standard Agreement (COU No. 2223-155) 20-CDBG-CV2-3-00081 to Transfer Funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and Approve Corresponding Budget Amendments if Standard Agreement Amendments are Approved by the California Department of Housing and Community Development (HCD) – Community Development.
d. Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare an Updated Demolition Ordinance; Approval of Contract Amendment (COU No. 1819-190-A4) with Mintier Harnish; and Approval of Corresponding Budget Amendment – Community Development.
e. Approval of Notice of Completion for Wipf Construction for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder - Finance.
f. Approval of a Budget Amendment in the Amount of $77,000 to Cover Ice Rink Personnel Costs which were Inadvertently Omitted During the Budget Process – Community Services. g. Approval of Budget Amendment in the Amount of $437,676.65 for Specification 19-01 Dora Utility Improvement Project – Public Works.
Motion/Second: Sher/Rodin to approve Consent Calendar Items 7a-7g, as submitted. Motion carried by the following roll call votes: AYES: Sher, Crane, Dueňas, and Rodin. NOES: None.
ABSENT: Orozco. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.
10. COUNCIL REPORTS
Presenter: Mayor Rodin
11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
Construction Update – Tim Eriksen, Public Works Director / City Engineer. FEMA floodplain maps – Tim Eriksen, Public Works Director / City Engineer. Measure B Update – Shannon Riley, Deputy City Manager.
12. PUBLIC HEARINGS (6:15 PM)
13. UNFINISHED BUSINESS
a. Consider Adoption of Resolution Adopting a 2023 Advocacy Platform to Serve as Guidelines for Local, State, and Federal Legislative Matters.
Presenter: Shannon Riley, Deputy City Manager.
Motion/Second: Sher/Rodin to adopt resolution (2022-82) adopting a 2023 Advocacy Platform to serve as guidelines for local, state, and federal legislative, administrative, regulatory and court matters as amended. Motion carried by the following roll call votes: AYES: Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: Orozco. ABSTAIN: None.
14. NEW BUSINESS
a. Adoption of Resolution Extending the Terms of Three Members of the Planning Commission Until Seats are Filled Through the Appointment Process.
City Council Minutes for December 21, 2022, Continued:
Presenter: Kristine Lawler, City Clerk.
Motion/Second: Sher/Duenas to adopt the resolution (2022-83) extending the terms of three members of the Planning Commission until seats are filled through the appointment process. Motion carried by the following roll call votes: AYES: Sher, Crane, Dueňas, and Rodin. NOES: None.
ABSENT: Orozco. ABSTAIN: None.
b. Review and Consider the Fiscal Year 2023-24 Budget Development Schedule.
Presenter: Sage Sangiacomo, City Manager.
Report was received.
c. Discussion and Possible Action Regarding the Cancellation of the January 18, 2023, Regular City Council Meeting, and the Scheduling of a Special City Council Meeting on January 11, 2022 or Alternate Date if Desired.
Presenter: Sage Sangiacomo, City Manager.
Motion/Second: Sher/Rodin to approve the cancellation of the January 18, 2023, Regular City Council Meeting, and the scheduling of a Special City Council Meeting to be held on January 11, 2023. Motion carried by the following roll call votes: AYES: Sher, Crane, Dueňas, and Rodin. NOES:
None. ABSENT: Orozco. ABSTAIN: None.
d. Receive Updates on City Council Committee and Ad Hoc Assignments, and Initiate Review of the 2023 Council Assignments List.
Presenter: Sage Sangiacomo, City Manager.
Report received.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 cases)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2) or (3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
City Council Minutes for December 21, 2022, Continued:
e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
No Closed Session was held.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 6:53 p.m. ________________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.a.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2022-2292
AGENDA SUMMARY REPORT
SUBJECT: Approve a Budget Amendment for Solid Waste Clean-Up and Abatement Activities in the Amount of $34,000.
DEPARTMENT: Finance PREPARED BY: Devon King, Assistant Accountant PRESENTER: Dan Buffalo; Fiance Director
ATTACHMENTS:
None
Summary: Council will consider approving a budget amendment in the amount of $34,000 for the purpose of appropriating funds for solid waste clean-up and abatement activities.
Background: Staff is requesting increasing the appropriation for this fund. The current appropriation is $5,000, which at the time of budget development was all that was envisioned as needed for the year, but the City's contracted solid waste hauler, Ukiah Waste Solutions, has been engaged in more cleanup efforts than anticipated.
Discussion: Current revenues for the year in this fund are estimated at $39,000. Only $5,000 was recommended by Staff for appropriation at budget adoption in June. Staff requests increasing the appropriation to the full amount of anticipated revenues to provide greater flexibility in deploying the funds when needed. These revenues are special in nature and can be used only for abatement and remediation activities related to solid waste collection.
Recommended Action: Approve a budget amendment for solid waste clean-up and abatement activities in the amount of $34,000.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 69624621.52170 $0
PROPOSED BUDGET AMOUNT: 69624621.52170 $34,000
FINANCING SOURCE: Current revenues
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Dan Buffalo; Finance Director
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 3a – Continue to lead the way in solid waste diversion, including the diversion of compostable food.
Agenda Item No: 8.b.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2023-4
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Approving the City of Ukiah's Qualified Contractors List for 2023.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. City Code Section 1541-1543
2. Cost Accounting Manual - Partial
3. Annual Public Notice - November 2022
4. Proposed Resolution with Exhibit A
Summary: Each year, the City of Ukiah's Qualified Contractors List is updated to reflect current applications of contractors with approved State Licenses for various categories from the California State Department of Consumer Affairs Contractors State License Board. Council will review the updated list and staff recommendation to approve the list, which is used for sending out bid proposals for City projects throughout the year.
Background:
As required by the informal bidding procedure of the City of Ukiah, City Code §1541-1543 (Attachment 1) and Public Contracts Code §22036 (Attachment 2 - partial), the City Clerk's office prepared and mailed a written notice on November 2, 2022, to construction trade organizations and journals (Attachment 3) inviting all licensed contractors to submit information regarding their firm to the City for inclusion on the City's list of qualified contractors for the 2023 calendar year. This information and application were also posted on the City's website (https://cityofukiah.com/city-clerk/#contractors). A contractor may be included throughout the year by either submitting a written notice to the City Clerk or by bidding on a City of Ukiah project. All contracting firms are verified through the California State Licensing Board for license validity. Additionally, when bids are submitted to the City, the public works registration number and insurance is also verified before moving forward with a company.
All contractors who submitted their company information and construction classification designation, received by the Clerk's office as of January 4, 2023, have been included on the current updated list. The list is attached to the proposed resolution (Attachment 4) as "Exhibit A". The proposed resolution ensures that staff has a competitive list of qualified contractors when soliciting bids for the City of Ukiah.
Discussion: Staff is recommending adoption of the proposed resolution approving the Qualified Contractors List for 2023. This list will be posted on the City's website and will be modified throughout the year as additional applications are received.
Recommended Action: Adopt the proposed resolution approving the Qualified Contractors List for 2023.
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: Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 1 – Create and sustain a diverse, equitable, and inclusive workplace and workforce that reflects, values, and celebrates the diverse community we serve.
CLIMATE INITIATIVES (CI): N/A
ATTACHMENT 1
California Uniform Construction Cost
Accounting Commission
Cost Accounting Policies and
Procedures Manual
2021 Edition
ATTACHMENT 2
CHAPTER 1 INFORMATION FOR ADOPTION AND IMPLEMENTATION OF THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 5 CHAPTER 1 Information for Adoption and Implementation of the California Uniform Public Construction Cost Accounting Act
Instructions for Adoption and Implementation of the Uniform Construction Cost Accounting Procedures
1.01 Instructions for Adoption and Implementation of the Uniform Public Construction Cost Accounting Act (ACT) by Local Agencies
1) The Governing Board must elect by resolution to become subject to the uniform construction cost accounting procedures promulgated by the State Controller pursuant to the Public Contract Code section 22019. The resolution shall specify that the local agency will meet the requirements prescribed in the California Uniform Construction Cost Accounting Commission’s Cost Accounting Policies and Procedures Manual and state the effective date the agency will implement the accounting and bidding procedures.
2) The local agency must notify the State Controller in writing of the election to become subject to the uniform construction cost accounting procedures along with a copy of the resolution sent to one of the following locations:
Electronic Copy (PDF) Physical Copy
Sent via email to: [email protected] Sent via mail to:
Office of the State Controller
Local Government Programs and Services Division
Local Government Policy Section
P.O. Box 942850
Sacramento CA 94250
3) When a local agency elects to become subject to the uniform construction cost accounting procedures, the entire entity is considered subject to the Act and no departments will be exempt. However, Special Districts which are governed by a board of supervisors or city council are subject only if a separate election is made.
4) An informal bidding ordinance, or a board adopted policy equivalent to such as required by the participating agency, shall be enacted pursuant to Public Contract Code section 22034. 5) Once opting into the Act, participating agencies must always adhere to the terms of the Act until such time the agency formally opts out by resolution of its governing board. Having opted in, selective adherence to the terms of the Act is a violation.
6) The governing board may discontinue the agency’s participation under the uniform public construction cost accounting procedures by adopting a resolution stating this fact. A copy of the resolution shall be filed with the State Controller.
7) The State Controller shall notify the California Uniform Construction Cost Accounting Commission (Commission) of all local agencies electing to become subject to the uniform public construction cost accounting procedures. In addition, the Commission shall also be notified of local agencies electing to discontinue participation under these procedures.
CHAPTER 1 INFORMATION FOR ADOPTION AND IMPLEMENTATION OF THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 6
1.02 Sample Election Resolution – Model
This sample Election Resolution may be used by any public agency’s governing body.
RESOLUTION OF THE __________________________, STATE OF CALIFORNIA IN THE MATTER OF
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES
Resolution No. _____________
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and WHEREAS, Public Contract Code section 22000 et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard;
WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and NOW, THEREFORE, BE IT RESOLVED that the ________________ of _________________, California, hereby elects under Public Contract Code section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission's policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the __________________- notify the State Controller forthwith of this election.
This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED this ____ day of ___________________, _____ by the following vote; AYES:
NOES: Insert Seal if Applicable
ABSENT:
________________________, _______________
Signature Title
City of __________________ County of _____________________
CHAPTER 1 INFORMATION FOR ADOPTION AND IMPLEMENTATION OF THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 8 Procedure for Establishment and Maintenance of List of Registered Contractors
1.04 Procedure for Establishment and Maintenance of List of Registered Contractors Per Section 22034 of the Public Contract Code
Section 22034 of the Public Contract Code specifies the requirements for mailing, faxing, or emailing notices to contractors for work to be bid under the Act. As specified therein, an agency shall provide notices by electing a), b) or both methods listed as follows:
a) In lieu of a contractors list, mailing, faxing, or emailing notices to all construction trade journals specified in section 22036
b) Mailing, faxing, or emailing notices to all contractors on the list established by the agency for the work being paid
c) Both (a) and (b) pursuant to section 22034(a)(1)
In the event an agency elects to provide notice by mailing, faxing, or emailing notices to all contractors on the list established by the agency for the work being bid, the agency shall utilize the following procedure to establish and maintain the list of registered contractors outlined in section 22034 (a)(1):
a) Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both. 1) The public agency shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors list shall be determined by the commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary.
All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due.
2) The public agency may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in section 22036.
b) The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. c) The governing body of the public agency may delegate the authority to award informal contracts to the public works director, general manager, purchasing agent, or other appropriate person. d) If all bids received are in excess of two hundred thousand dollars ($200,000), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred twelve thousand, five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. (Amended by Stats. 2015, Ch. 269, Sec. 29. Effective January 1, 2016.)
1.04.01 Minimum Criteria for Development and Maintenance of the Contractors List Determined by the Commission, pursuant to Public Contract Code section 22034(a)(1)
1. At least once per calendar year, each public agency that has elected to become subject to the Uniform Public Construction Cost Accounting Act and intends to utilize the notice provisions outlined in section 22034(a) shall establish a new list or update its existing list of qualified contractors by mailing, faxing, or emailing written notice to all construction trade journals designated for that Agency under Section 22036. The notice shall invite all
CHAPTER 1 INFORMATION FOR ADOPTION AND IMPLEMENTATION OF THE CALIFORNIA UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 9 licensed contractors to submit the name of their firm to the Agency for inclusion on the Agency's list of qualified bidders.
2. The notice shall require that the contractor provide:
• The name and address to which a Notice to Contractors or Proposal should be mailed, faxed, or emailed; • A phone number at which the contractor may be reached; • The type of work in which the contractor is interested and currently licensed to do (earthwork, pipelines, electrical, painting, general building, etc.);
• The class of contractor's license(s) held; and
• The contractor license number(s).
3. Agencies may include any contractor names they so desire on the lists, but lists must include, at minimum, all contractors who have properly provided the Agencies with the information required under #2 above in response to the written notice.
The Commission recommends that Agencies automatically include in their contractors’ lists the names of all contractors who submitted one or more valid bids to the Agencies.
4. A contractor may have his or her firm added to an Agency's contractors list at any time by providing the required information.
1.05 County-by-County List of Construction Trade Journals The Commission shall determine, on a county-by-county basis, the appropriate construction trade journals which shall receive mailed, faxed, or emailed notice of all informal and formal construction contracts being bid for work within the specified county per section 22036 of the Public Contract Code.
Per Public Contract Code section 22037, notices inviting formal bids must be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the public agency. In addition, the Commission has determined that all public agencies that adopt and contract under the Act shall be required to mail, email, or fax a notice to the following specified construction trade publications of all formal construction contracts being bid and all invitations to join an agency’s qualified bidders list (i.e. the informal bidding list) within the specified county (as provided in sections 22034 and 22037 of the Public Contract Code). The numbers following the name of each county refer to the corresponding numbered trade journals listed starting on page 12.
Users will note that the notification of the trade journals listed in Column B for their county is required.
Additionally, the user will have to notify at least two of the trade journals listed in Column C, unless there is only one listed, in which case notification of that trade journal is sufficient. The Commission urges each public agency to select additional publications from its geographical area and include them on its list of publications to be notified. Sample information to be included in the mailed notice to trade journals is listed on page 11.
Note: Users are not required to mail a notice to a trade journal if the trade journal listed under their county is now charging for its services, or is out of business. Instead, the Commission requests that users find some other method of notifying potential contractors of published jobs and how to be added to their informal bidding lists (e.g. internet – county’s web page).
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CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 10
COUNTY NAME
(A)
TRADE JOURNALS REQUIRED
TO BE NOTIFIED
(B)
NOTIFY TWO OF THE TRADE
JOURNALS LISTED BELOW
(C)
ALAMEDA 2, 3 8, 10, 12, 13, 14, 15, 16
ALPINE 2, 3 10
AMADOR 2, 3 10, 17
BUTTE 2, 3 5, 6, 10, 11
CALAVERAS 2, 3 10, 16, 17
COLUSA 2, 3 5, 6, 10
CONTRA COSTA 2, 3 8, 10, 13, 14, 16
DEL NORTE 2, 3 4, 5, 10
EL DORADO 2, 3 9, 10, 11
FRESNO 2, 3 10, 16, 19, 20, 21
GLENN 2, 3 5, 6, 10, 11
HUMBOLDT 2, 3 4, 5, 10
IMPERIAL 2, 3 25
INYO 2, 3 21
KERN 2, 3 19, 20, 21, 22, 25
KINGS 2, 3 19, 20, 21
LAKE 2, 3 4, 5, 7, 8, 10
LASSEN 2, 3 5, 10, 11
LOS ANGELES 2, 3 21, 25
MADERA 2, 3 10, 16, 19
MARIN 2, 3 7, 8
MARIPOSA 2, 3 10, 19
MENDOCINO 2, 3 4, 7, 8, 10
MERCED 2, 3 10, 16, 17, 19
MODOC 2, 3 5, 10
MONO 2, 3 10
MONTEREY 2, 3 10, 15, 18, 22
NAPA 2, 3 7, 8, 10
NEVADA 2, 3 9, 10, 11
ORANGE 2, 3 25, 29
PLACER 2, 3 9, 10, 11
PLUMAS 2, 3 5, 6, 10, 11
RIVERSIDE 2, 3 25, 29
SACRAMENTO 2, 3 5, 8, 9, 10, 11, 16
SAN BENITO 2, 3 10, 18
SAN BERNARDINO 2, 3 21, 25, 29
SAN DIEGO 2, 3 25, 29
SAN FRANCISCO 2, 3 8, 10, 12, 13, 14, 15
SAN JOAQUIN 2, 3 8, 10, 16, 17, 19
SAN LUIS OBISPO 2, 3 18, 21, 22, 25, 30
SAN MATEO 2, 3 8, 12, 13, 14, 15
SANTA BARBARA 2, 3 21, 22, 23, 25, 30
SANTA CLARA 2, 3 8, 10, 12, 13, 14, 15
SANTA CRUZ 2, 3 15, 18
SHASTA 2, 3 4, 5, 6
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CONSTRUCTION COST ACCOUNTING ACT
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COUNTY NAME
(A)
TRADE JOURNALS REQUIRED
TO BE NOTIFIED
(B)
NOTIFY TWO OF THE TRADE
JOURNALS LISTED BELOW
(C)
SIERRA 2, 3 10, 11
SISKIYOU 2, 3 5, 10
SOLANO 2, 3 8, 9, 10, 16
SONOMA 2, 3 7, 8, 10
STANISLAUS 2, 3 10, 16, 17, 19
SUTTER 2, 3 6, 9, 10, 11
TEHAMA 2, 3 5, 10, 11
TRINITY 2, 3 4, 5, 10
TULARE 2, 3 19, 20, 21
TUOLUMNE 2, 3 10, 17, 19
VENTURA 2, 3 21, 25, 30
YOLO 2, 3 8, 9, 10
YUBA 2, 3 6, 9, 10, 11
1.06 Sample Information for Mailed Notice
Following provides the type of information that could be included in the mailed notice to the construction trade journals. This list should be used only as a guide.
• Project title and contract number, if any
• Cost range
• Site location
• Who is taking bids/date and time due
• Owner's address and phone number
• Architect's address and phone number
• Brief description of work to be done
• Where plans may be obtained/deposit required/whether or not refundable • Percentage of bid bond/percentage of performance bond/percentage of payment bond
1.07 List of Construction Trade Journals
The following organizations have indicated to the Commission that they:
a) Publish a newsletter or trade journal, on a weekly or more frequent basis, that contains a section listing projects being bid; or provide a telephone notice service to their members. b) Do not charge for publishing or otherwise disseminating a Notice to Contractors.
These organizations have indicated to the Commission that they serve subscribers or members in the counties listed to the right of each organization.
Organizations that meet criteria (a) and (b) above may be added to the list, or changes or corrections can be made to the list by contacting one of the following:
CHAPTER 1 INFORMATION FOR ADOPTION AND IMPLEMENTATION OF THE CALIFORNIA UNIFORM PUBLIC
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COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 12 Email Physical Copy
Sent via email to: [email protected]
Sent via mail to:
Office of the State Controller
Local Government Programs and Services Division
Local Government Policy Section
P.O. Box 942850
Sacramento CA 94250
NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
1 CMD (Construction Market Data)
Document Processing Center
30 Technology Parkway South, Suite 100
Norcross, GA 30092-2912
Phone: 800-424-3996
Email: [email protected]
Website www.cmdgroup.com
California
2 Construction Bidboard (Ebidboard)
11622 El Camino Real, #100
San Diego, CA 92130
Phone: 800-479-5314
Email: [email protected]
Website: www.ebidboard.com
California
3 Dodge Data & Analytics
830 Third Avenue, 6th Floor
New York, NY 10022
Phone: 877-784-9556
Email: [email protected]
Website: www.construction.com
California
4 Humboldt Builders’ Exchange, Inc.
1213 5th Street
Eureka, California 95501
Phone: 707-442-3708
Website: www.humbx.com
Del Norte, Humboldt, Lake, Mendocino,
Shasta, and Trinity
5 Shasta Builders’ Exchange
1355 Hartnell Ave
Redding, CA 96002
Phone: 530-221-5556
Email: [email protected]
Website: www.shastabe.com
Butte, Colusa, Del Norte, Glenn, Humboldt,
Lake, Lassen, Modoc, Plumas, Sacramento,
Shasta, Siskiyou, Tehama, and Trinity
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NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
6 Valley Contractors Exchange, Inc.
951 East Eighth Street
Chico, CA 95928
Phone: 530-343-1981
Email: [email protected]
Website: www.vceonline.com
Butte, Colusa, Glenn, Plumas, Shasta,
Sutter, and Yuba
7 North Coast Builders Exchange
1030 Apollo Way
Santa Rosa, CA 95407
Phone: 707-542-9502
Fax: 707-542-2027
Website: www.ncbeonline.com
Lake, Marin, Mendocino, Napa, and
Sonoma
8 Marin Builders Association
660 Las Gallinas Avenue
San Rafael, CA 94903
Phone: 415-462-1220
Fax: 415-462-1225
Email: [email protected]
Website: www.marinbuilders.com
Alameda, Contra Costa, Lake, Marin,
Mendocino, Napa, Sacramento, San
Francisco, San Joaquín, San Mateo, Santa
Clara, Solano, Sonoma, and Yolo
9 Sacramento Regional Builders’ Exchange
5370 Elvas Avenue
Sacramento, CA 95819
Phone: 916-442-8991
Fax: 916-446-3117
Email: [email protected]
Website: www.srbx.org
El Dorado, Nevada, Placer, Sacramento,
Solano, Sutter, Yolo, and Yuba
10 Placer County Contractors Association & Builders
Exchange
10656 Industrial Avenue, Suite 160
Roseville, CA 95678
Phone: 916-771-7229
Fax: 916-771-0556
Email: [email protected]
Website: www.pccamembers.com
Alameda, Alpine, Amador, Butte,
Calaveras, Colusa, Contra Costa, Del Norte,
El Dorado, Fresno, Glenn, Humboldt, Lake,
Lassen, Madera, Mariposa, Mendocino,
Merced, Modoc, Mono, Monterey, Napa,
Nevada, Placer, Plumas, Sacramento, San
Benito, San Francisco, San Joaquín, Santa
Clara, Shasta, Sierra, Siskiyou, Solano,
Sonoma, Stanislaus, Sutter, Tehama,
Trinity, Tuolumne, Yolo, and Yuba
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NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
11 Nevada County Contractors’ Association
149 Crown Point Court
Grass Valley, CA 95945
Phone: 530-274-1919
Email: [email protected]
Website: www.nccabuildingpros.com
Butte, El Dorado, Glenn, Lassen, Nevada,
Placer, Plumas, Sacramento, Sierra, Sutter,
Tehama, and Yuba
12 The San Francisco Builders Exchange
850 South Van Ness Avenue
San Francisco, CA 94110-1911
Phone: 415-282-8220
Email: [email protected]
Website: www.bxofsf.com
Alameda, San Francisco, San Mateo, and
Santa Clara
13 Bay Area Builders Exchange
3055 Alvarado Street
San Leandro, CA 94577
Phone: 510-483-8880
Email: [email protected]
Website: www.bayareabx.com
Alameda, Contra Costa, San Francisco, San
Mateo, and Santa Clara
14 Peninsula Builders Exchange
282 Harbor Blvd, Bldg D
Belmont, CA 94002
Phone: 650-591-4486
Website: www.safetystar.org/safetystar
Alameda, Contra Costa, San Francisco, San
Mateo, and Santa Clara
15 Builders’ Exchange of Santa Clara County
400 Reed Street
Santa Clara, CA 95050
Phone: 408-727-4000
Fax: 408-727-2779
Email: [email protected]
Website: www.bxscco.com
Alameda, Monterey, San Francisco, San
Mateo, Santa Clara, and Santa Cruz
16 Builders’ Exchange of San Joaquin
4561 Quail Lake Drive, Suite B2
Stockton, CA 95207
Phone: 209-478-1000
Email: [email protected]
Website: http://www.bxsj.org
Alameda, Calaveras, Contra Costa, Fresno,
Madera, Merced, Sacramento, San
Joaquin, Solano, and Stanislaus
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CONSTRUCTION COST ACCOUNTING ACT
COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 15
NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
17 Valley Builders Exchange, Inc.
1118 Kansas Avenue
Modesto, CA 95351
Phone: 209-522-9031
Email: [email protected]
Website: www.valleybx.com
Amador, Calaveras, Merced, San Joaquin,
Stanislaus, and Tuolumne
18 Central Coast Builders Association
242 East Romie Lane
Salinas, CA 93907
Phone: 831-758-1624
Email: [email protected]
Website: www.ccbabuilds.com
Monterey, San Benito, San Luis Obispo,
and Santa Cruz
19 Central California Builders Exchange
1244 N. Mariposa Street
Fresno, CA 93703
Phone: 559-237-1831
Email: [email protected]
Website: http://cencalbx.com/
Calaveras, Fresno, Kern, Kings, Madera,
Mariposa, Merced, San Joaquin,
Stanislaus, Tulare, and Tuolumne
20 Tulare & Kings Counties Builders Exchange
827 W Center Ave
Visalia, CA 93291
Phone: 559-732-4568
Email: [email protected]
Website: www.tkcbe.com
Fresno, Kern, Kings, and Tulare
21 Kern County Builders’ Exchange, Inc.
4310 Ardmore Avenue, Ste. 100
Bakersfield, CA 93309
Phone: 661-324-4921
Email: [email protected]
Website: www.kcbex.com
Fresno, Inyo, Kings, Kern, Los Angeles, San
Bernardino, San Luis Obispo, Santa
Barbara, Tulare Ventura
22 San Luis Obispo County Builders Exchange
153 Cross Street, #130
San Luis Obispo, CA 93401
Phone: 805-543-7330
Email: [email protected]
Website: www.slocbe.com
Kern, Monterey, San Luis Obispo, and
Santa Barbara
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NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
23 Ventura County Contractors Association
1830 Lockwood Street, No. 110
Oxnard, CA 93036
Phone: 805-981-8088
Email: [email protected]
Website: www.vccainc.com
Santa Barbara and Ventura
24 Construction Data Company
2001 9th Avenue, 2nd Floor
Vero Beach, FL 32960
Phone: 800-652-0008
Email: [email protected]
Website: www.cdcnews.com
California
25 BidAmerica
41085 Elm Street
Murrieta, CA 92562
Phone: 951-677-4819
Email: [email protected]
Website: www.BidAmerica.com
California
26 Construction Bid Source Interactive
6265 HWY 9
Felton, CA 95018
Phone: 888-786-9450
Website: www.constructionbidsource.com
California
27 Demandstar – Onvia Supplier Services
509 Olive Way, Suite 400
Seattle, WA 98101
Phone: 800-575-1736
Website: www.demandstar.com or
Website: www.onvia.com
California
28 Challenge News
1276 Lincoln Avenue, Suite 203
San Jose, CA 95125
Phone: 408-998-0241
Email: [email protected]
Website: www.challengenews.net
California
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NUMBER ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
29 Associated General Contractors of America
San Diego Chapter, Inc.
6212 Ferris Square
San Diego, CA 92121
Phone: 858-558-7444
Email: [email protected]
Website: www.agcsd.org
Orange, Riverside, San Bernardino, and
San Diego
30 Tri-Co Reprographics
720 E. Haley Street
Santa Barbara, CA 93101
Phone: 805-966-1701
Email: [email protected]
Website: www.tricoblue.com
Santa Barbara, Ventura, and San Luis
Obispo
1.08 List of Closed Construction Trade Journals
The following construction trade journals have closed or are no longer functioning as of the publication date of this manual. Organizations that wish to advertise their projects should not contact any of the below trade journals. The below section is meant for reference only.
ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
Solano-Napa Builders Exchange
135 Camino Dorado
Napa, CA 94558
Phone: 707-255-2515
Fax: 707-255-2749
Email: [email protected]
Website: http://snbe.org
Napa and Solano
CLOSED
El Dorado Builders’ Exchange
3430 Robin Lane, Suite 7
Shingle Springs, CA 95682
Phone: 530-672-2955
Amador, El Dorado, Nevada, Placer,
Sacramento, and Yolo
CLOSED
Bay Area Builders Exchange
2440 Stanwell Drive, Suite B
Concord, CA 94520
Phone: 925-685-8630
Website: www.bayareabx.com
Alameda, Contra Costa, El Dorado, Lake,
Mendocino, Napa, Placer, Sacramento,
San Francisco, Santa Clara, Solano, and
Sonoma
LOCATION CLOSED
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COST ACCOUNTING POLICIES AND PROCEDURES MANUAL Page | 18
ORGANIZATION AREAS OF MEMBERS OR SUBSCRIBERS BY
COUNTY
Builders Exchange of Merced & Mariposa
646 CA-HWY 59
Merced, CA 95341
Phone: 209-722-3612
Website: www.bxmm.org
Fresno, Kern, Kings, Madera, Mariposa,
Merced, San Joaquin, and Stanislaus
CLOSED
Southern California Builders Association
732 N. Diamond Bar Blvd. #224
Diamond Bar, CA 91765
Phone: 909-396-1451
Email: [email protected]
Website: www.socalbuilders.org
Imperial, Los Angeles, Orange, Riverside,
San Bernardino, and San Diego
CLOSED
Builders Notebook
P.O. Box 4883
Santa Barbara, CA 93140
Phone: 877-776-5436
Email: [email protected]
Website: www.buildersnotebook.com
Los Angeles, San Luis Obispo, Santa
Barbara, and Ventura
Non-Functioning Website
PUBLIC NOTICE
DATE: November 2, 2022
FOR RELEASE: Immediately
SUBJECT: Application for Qualified Contractors List
CONTACT: Kristine Lawler, City Clerk
(707) 463-6217
All Licensed Contractors who wish to be included on the City of Ukiah’s list of qualified bidders for the year 2023, should submit the name and address to which Notice of Bids or Proposals should be mailed, a phone number at which the contractor may be reached, the type of work in which the contractor is interested and for which the contractor is currently licensed (e.g. earthwork, pipelines, electrical, painting, general building, etc.) together with the class of contractor’s license or licenses held, and the contractor’s license number(s) (NOTE – Insurance forms are not necessary at this time.)
A Qualified Contractors List application form and insurance requirements may be obtained from the City Clerk or downloaded from the City of Ukiah’s website:
http://www.cityofukiah.com/qualified-contractors/.
Completed forms should be submitted to:
City of Ukiah
ATTN: CITY CLERK
300 Seminary Avenue
Ukiah, CA 95482
OR:
Fax to: (707) 463-6204
OR
Email: [email protected]
ATTACHMENT 3
ATTACHMENT 4
RESOLUTION NO. 2023 - XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE QUALIFIED CONTRACTORS LIST FOR THE 2023 CALENDAR YEAR
WHEREAS, under Ukiah City Code (UCC) sections §1541 - 1543, the City Clerk must request licensed contractors who are qualified to perform public work under contract with the City of Ukiah to submit their names, addresses, phone numbers, type of work in which they are interested, and license number; and
WHEREAS, the City Council is required to adopt a list of qualified contractors, identified according to categories of work; and
WHEREAS, the City Clerk has published the notice as required in UCC Section §1541 and compiled a list of qualified contractors based on information submitted in response to said notice; and
WHEREAS, the City Council finds and determines that the list as compiled complies with the requirements of the City Code and Public Contracts Code Section §22034(a) and shall constitute the City of Ukiah Contractors List for use in providing notice under the informal bidding procedure authorized in UCC Section §1543.
NOW, THEREFORE, BE IT RESOLVED, that the list attached to this resolution as “Exhibit A” is the Qualified Contractors List which is sorted by class for the City of Ukiah for the calendar year 2023, and City Staff is authorized and required to continuously update the list throughout the year.
PASSED AND ADOPTED this 11th day of January, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTEST:
__
Kristine Lawler, City Clerk
Company Address 1 City State Class State License Expiration State License No.
Class A - General Engineering A - General EngineeringAmerican Asphalt Repair & Resurfacing Co24200 Clawiter Road Hayward CA A - General Engineering 5/31/2023 439591 American Pavement Systems Inc 1012 11th Street Ste. 1000 Modesto CA A - General Engineering 2/29/2024 943792Argonaut Constructors P O Box 639 Santa Rosa CA A - General Engineering 12/31/2023 171432Bartley Pump, Inc. 4000 South Moorland Avenue Santa Rosa CA A - General Engineering 12/31/2023 1033562 BEST Contracting Services, Inc. 19027 S. Hamilton Ave. Gardena CA A - General Engineering 5/31/2024 456263 Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA A - General Engineering 1/31/2023 656741C.V. Larsen Co. 1846 Ludwig Avenue Santa Rosa CA A - General Engineering 5/27/2024 646209Coleman Environmental Engineering, Inc. P O BOX 1020 Upper Lake CA A - General Engineering 6/30/2022 764005 Commercial Pump & Mechanical P O BOX 7947 Chico CA A - General Engineering 3/31/2023 921066 CWS Construction Group, Inc. 1301 Grant Ave., Ste B Novato CA A - General Engineering 4/30/2023 811153 EBA Engineering 825 Sonoma Ave., Ste. C Santa Rosa CA A - General Engineering 1/31/2023 662725 Ferranti Construction, Inc. P O BOX 259 Redwood Valley CA A - General Engineering 3/31/2023 385543Fort Bragg Electric, Inc. P O BOX 1878 Fort Bragg CA A - General Engineering 7/31/2024 391464 Ghilotti Construction 246 Ghilotti Avenue Santa Rosa CA A - General Engineering 5/31/2024 644515 Granite Construction Company 1324 S. State Street Ukiah CA A - General Engineering 3/31/2023 760923Gregg Simpson Trucking 11 Highland Ct Ukiah CA A - General Engineering 9/30/2023 650339 GS Construction P.O. Box 796 Burney CA A - General Engineering 3/31/2023 401498 GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop CA A - General Engineering 3/31/2023 401498Harvest Energy Services 520 Zang Street, Ste 200 Broomfield CO A - General Engineering 6/30/2023 1077501 Hanford Applied Resporation & Conservation 755 Baywood Drive, Ste. 380 Petaluma CA A - General Engineering 2/29/2024 461167 Intermountain Slurry Seal, Inc. 585 West Beach Street Watsonville CA A - General Engineering 1/31/2024 462443Live Oak Utility Infrastructure, LLC 3450 Broad St., #104 San Luis Obispo CA A - General Engineering 9/30/2023 1057965Marz General Engineering 9741 Laughlin Way Redwood Valley CA A - General Engineering 12/31/2023 1084927 MBC Contruction Co, Inc. 3342 N. State Street Ukiah CA A - General Engineering 4/30/2024 945554 Meyer General Engineering Construction 701 Spanish Canyon Road Ukiah CA A - General Engineering 4/30/2023 712845 Mike Brown Electric Company 561-A Mercantile Drive Cotati CA A - General Engineering 4/30/2024 306767 Northwest Construction, Inc. 9011 Colony Drive Redwood Valley CA A - General Engineering 10/31/2023 865329 Oak Grove Construction 431 Payran Street, Ste. 101 Petaluma CA A - General Engineering 6/30/2023 406464 Pacific Earthscape (aka Ford Logging, Inc.1225 Central Ave. #11 McKinleyville CA A - General Engineering 4/30/2023 793279 Paulson Excavating, Inc. P.O. Box 339 Albion CA A - General Engineering 7/31/2024 425362 Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley CA A - General Engineering 9/30/2024 303609Pierson Company 1200 W. Harris St. Eureka CA A - General Engineering 3/31/2024 265024 RaPiD General Engineering 3072 Research Way, #54 Carson City NV A - General Engineering 4/30/2023 982748 Rege Construction, Inc. 600 Santana Dr. Cloverdale CA A - General Engineering 10/31/2024 786253Roberts Mechanical & Electrical, Inc. 355 Kunzler Ranch Road, Ste. E Ukiah CA A - General Engineering 2/28/2023 556014Sierra Nevada Construction Inc. P O BOX 50760 Sparks NV A - General Engineering 5/31/2024 593393 Siri Grading & Paving, Inc. P O BOX 3638 Santa Rosa CA A - General Engineering 1/31/2024 325681 Summit Signal, Inc. 260 Margie Drive Willits CA A - General Engineering 7/31/2024 842536 Team Ghilotti, Inc. 2531 Petaluma Blvd., So. Petaluma CA A - General Engineering 4/30/2023 895384 Telstar Instruments 4017 Vista Park Court Sacramento CA A - General Engineering 5/31/2022 422364 TerraCon Constructors, Inc. P O BOX 276 Healdsburg CA A - General Engineering 11/30/2023 562511 CITY OF UKIAH'S 2023 QUALIFIED CONTRACTORS LIST
1 EXHIBIT A
Company Address 1 City State Class State License Expiration State License No.
Valley Paving P O BOX 559; 2601 Road E Redwood Valley CA A - General Engineering 7/31/2023 674411Wahlund Construction, Inc. P.O. Box 6486 Eureka CA A - General Engineering 9/30/2024 678993West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA A - General Engineering 2/29/2024 718733Western Water Constructors, Inc. 707 Aviation Boulevard Santa Rosa CA A - General Engineering 4/30/2024 188068WestPac Construction 1349 Lily Street Healdsburg CA A - General Engineering 9/30/2023 1058561Wipf Construction P O BOX 234 Ukiah CA A - General Engineering 11/30/2023 629598Wylatti Resource Management, Inc. P O BOX 575 Cemetary Lane Covelo CA A - General Engineering 6/30/2023 934597Class ASB - Asbestos Removal Certification Class ASB - Asbestos Removal Certification Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA ASB - Asbestos Removal Certification 1/31/2023 656741Pierson Company 1200 W. Harris St. Eureka CA ASB - Asbestos Removal Certification 3/31/2024 265024Solano County Roofing 4349 Cordelia Rd. Fairfield CA ASB - Asbestos Removal Certification 7/31/2022 495355Wahlund Construction, Inc. P.O. Box 6486 Eureka CA ASB - Asbestos Removal Certification 9/30/2024 678993 West Coast Environmental 3181 Fitzgerald Road Rancho Cordova C
A ASB -
Asbestos
Removal Certification 2/29/2024 718733
Class B - General Building B - General BuildingAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA B - General Building 11/30/2024 815286Apperson Energy Management 6620 Central Ave Ukiah CA B - General Building 4/30/2023 1075371 Argonaut Constructors P O Box 639 Santa Rosa CA B - General Building 12/31/2023 171432BayWa R.E. Power Solutions, Inc. 1101 National Dr., Ste B Sacramento CA B - General Building 2/29/2024 990593BEST Contracting Services, Inc. 19027 S. Hamilton Ave. Gardena C A B - General Building 5/31/2024 456263
Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno C A B - General Building 1/31/2023 656741
Bridges Construction 5846 Live Oak Dr., Ste 2 Kelseyville CA B - General Building 9/30/2024 607223 Busch Construction & Electric 266 Terra Verde Court Redwood Valley CA B - General Building 5/31/2023 404336 Carr's Construction Service, Inc. 3165 Calistoga Rd. Santa Rosa CA B - General Building 3/31/2024 556444 Coastal Mountain Electric 14832 Lakeshore Dr. Clearlake CA B - General Building 3/31/2023 507105 Cupples & Sons Construction, Inc. 221 Olive Ln., #G Ukiah CA B - General Building 4/30/2024 806992 CWS Construction Group, Inc. 1301 Grant Ave., Ste B Novato CA B - General Building 4/30/2023 811153 Ferranti Construction, Inc. P O BOX 259 Redwood Valley CA B - General Building 3/31/2023 385543Fort Bragg Electric, Inc. P O BOX 1878 Fort Bragg CA B - General Building 7/31/2024 391464FRC, Inc. 9680 Old Redwood Hwy Windsor CA B - General Building 4/30/2024 715667 GCCI, Inc. 4701 Old Redwood Hwy, #1 Santa Rosa CA B - General Building 11/30/2024 729437 GMH Builders, Inc. P O Box 1773 Sonoma CA B - General Building 7/31/2024 1016384 Granite Construction Company 1324 S. State Street Ukiah C A B - General Building 5/31/2023 89
GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop CA B - General Building 3/31/2023 401498 Harbert Roofing, Inc. 19799 Hirsch Ct. Anderson CA B - General Building 10/31/2022 696974 Integrity Construction Maintenance, Inc. 3531 Gravenstein Highway S Sebastopol CA B - General Building 9/30/2024 846187 JB Jordan & Associates P O BOX 3629 Eureka CA B - General Building 12/31/2022 955247 Kirby Construction Company 625 Ware Ave. Santa Rosa CA B - General Building 4/30/2024 812509 Menton Builders, Inc. P O BOX 871 Ukiah CA B - General Building 8/31/2023 381334 Midstate Construction Corporation 1180 Holm Road Petaluma CA B - General Building 7/31/2023 89455 Nor-Cal Pump & Well Drilling, Inc. 1325 Barry Road Yuba City CA B - General Building 1/31/2022 908591 North Coast Floor & Tile 2510 Broadway Eureka CA B - General Building 5/31/2022 808031 Oak Grove Construction 431 Payran Street, Ste. 101 Petaluma CA B - General Building 6/30/2023 406464Paine Construction Inc. 7212 8th St. Rio Linda CA B - General Building 7/31/2024 333880 2
Company Address 1 City State Class State License Expiration State License No.
Pierson Company 1200 W. Harris St. Eureka CA B - General Building 3/31/2024 265024RCM Fire Protection, Inc. 350 Enterprise Pl Tracy CA B - General Building 4/30/2023 793205Sack Concrete Construction 1150 Hasting Road Ukiah CA B - General Building 8/31/2023 625555Solano County Roofing 4349 Cordelia Rd. Fairfield CA B - General Building 7/31/2022 495355Telstar Instruments 4017 Vista Park Court Sacramento CA B - General Building 5/31/2022 422364TerraCon Constructors, Inc. P O BOX 276 Healdsburg CA B - General Building 11/30/2023 562511Valley Paving P O BOX 559; 2601 Road E Redwood Valley CA B - General Building 7/31/2023 674411Wahlund Construction, Inc. P.O. Box 6486 Eureka CA B - General Building 9/30/2024 678993West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA B - General Building 2/29/2024 718733Wright Contracting LLC 3020 Dutton Ave. Santa Rosa CA B - General Building 4/30/2023 1025609Building Exchanges Building ExchangesConstruction BidBoard, Inc. 11622 El Camino Real, Ste 100 San Diego CA Building ExchangesDodge Data & Analytics 2860 S. State Hwy 161, Ste. 160 #501 Grand Prairie TX Building ExchangesHumboldt Builders Exchange 1213 5th Street Eureka CA Building ExchangesNorth Coast Builders Exchange 1030 Apollo Way Santa Rosa CA Building ExchangesMarin Builders Association 660 Las Gallinas Avenue San Rafael CA Building ExchangesPlacer County Contractors Assocation, Inc. 10656 Industrial Ave., Suite 160 Roseville CA Building ExchangesBay Area Builders Exchange 3055 Alvarado Street San Leandro CA Building ExchangesBuilders Exchange of Stockton 4561 Quail Lake Dr., Ste B2 Stockton C A Building Exchanges
Sacramento Regional Builders Exchange 5370 Elvas Ave. Sacramento C A Building Exchanges
The San Francisco Builders Exchange 850 South Van Ness Avenue San Francisco C A Building Exchanges
Shasta Builders Exchange 5800 Airport Road Redding CA Building ExchangesValley Contractors Exchange 951 E. Eighth Street Chico CA Building ExchangesClass C-2 Insulation & Acoustical C-02 Insulation & AcousticalAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C-02 Insulation & Acoustical 11/30/2024 815286Apperson Energy Management 6620 Central Ave Ukiah CA C-02 Insulation & Acoustical 4/30/2023 1075371Granite Construction Company 1324 S. State Street Ukiah CA C-02 Insulation & Acoustical 5/31/2023 89 Solano County Roofing 4349 Cordelia Rd. Fairfield CA C-02 Insulation & Acoustical 7/31/2022 495355 West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA C-02 Insulation & Acoustical 2/29/2024 718733 Class C-4 Boiler, Hot Water Heating & Steam Fitting C-04 Boiler, Hot Water Heating & Steam FittingCBS Plumbing & Heating, Inc. P.O. Box 2385 Santa Rosa CA C-04 Boiler, Hot Water Heating & Steam Fitting 3/31/2022 294171Intercounty Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah C A C-04 Boiler, Hot Water Heating & Steam Fitting 12/31/2024 926337 Roberts Mechanical & Electrical, Inc. 355 Kunzler Ranch Road, Ste. E Ukiah CA C-04 Boiler, Hot Water Heating & Steam Fitting 2/28/2023 556014Class C-5 Carpentry C-05 CarpentryPierson Company 1200 W. Harris St. Eureka CA C-05 Carpentry 3/31/2024 265024Class C-6 Cabinet & Mill Work C-06 Cabinet & Mill WorkBridges Construction 5846 Live Oak Dr., Ste 2 Kelseyville C A C-06 Cabinet & Mill Work 9/30/2024 607223
Orland Cabinet Shop, Inc. 35 A Streeet Orland CA C-06 Cabinet & Mill Work 6/30/2023 189381 C-07 Low Voltage Communication & Wiring Systems
Gaynor Telesystems, Inc. 9650 Tanqueray Ct. Redding C
A C-07 Low Voltage Communication & Wiring Systems 8/31/2023 339907 KS Telecom, Inc. P.O. Box 330 Penryn C
A C-07 Low Voltage Communication & Wiring Systems 2/28/2023 790922 PCD 1032 Maxwell Drive Santa Rosa C
A C-07 Low Voltage Communication & Wiring Systems 4/30/2024 527657 TEC-COM Low Voltage Solutions, Inc. 2045 Live Oak Blvd Yuba City C A C-07 Low Voltage Communication & Wiring Systems 6/30/2023 769824 Telecom Services Co. 710 South State Street Suite D Ukiah C A C-07 Low Voltage Communication & Wiring Systems 1/31/2024 802970 Class C-7 Low Voltage Communication & Wiring Systems
3
Company Address 1 City State Class State License Expiration State License No.
Telstar Instruments 4017 Vista Park Court Sacramento C
A C-07 Low Voltage Communication & Wiring Systems 5/31/2022 422364 Tri Path Technology Group 3075 Cohasset Rd., Ste 1 Chico CA C-07 Low Voltage Communication & Wiring Systems 7/31/2022 1016628World Telecom & Surveillance, Inc. 1819 Keystone Court Redding CA C-07 Low Voltage Communication & Wiring Systems 6/30/2024 793485Class C-8 Concrete C-08 ConcreteFerranti Construction, Inc. P O BOX 259 Redwood Valley CA C-08 Concrete 3/31/2023 385543Ghilotti Construction 246 Ghilotti Avenue Santa Rosa CA C-08 Concrete 5/31/2024 644515 Granite Construction Company 1324 S. State Street Ukiah CA C-08 Concrete 5/31/2023 89 Pierson Company 1200 W. Harris St. Eureka CA C-08 Concrete 3/31/2024 265024Sack Concrete Construction 1150 Hasting Road Ukiah CA C-08 Concrete 8/31/2023 625555 Class C-9 Drywall C-09 DrywallPacific Drywall P O BOX 503 Redwood Valley CA C-09 Drywall 2/29/2024 911180 West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA C-09 Drywall 2/29/2024 718733 Class C-10 General Electrical C10 General ElectricalBartley Pump, Inc. 4000 South Moorland Avenue Santa Rosa CA C10 General Electrical 12/31/2023 1033562 Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA C10 General Electrical 1/31/2023 656741Busch Construction & Electric 266 Terra Verde Court Redwood Valley CA C10 General Electrical 5/31/2023 404336 Coastal Mountain Electric 14832 Lakeshore Dr. Clearlake CA C10 General Electrical 3/31/2023 507105 BayWa R.E. Power Solutions, Inc. 1101 National Dr., Ste B Sacramento CA C10 General Electrical 2/29/2024 990593 Fort Bragg Electric, Inc. P O BOX 1878 Fort Bragg CA C10 General Electrical 7/31/2024 391464Granite Construction Company 1324 S. State Street Ukiah CA C10 General Electrical 5/31/2023 89 Intercounty Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah CA C10 General Electrical 12/31/2024 926337Joe Lunardi Electric, Inc. 5334 Sebastopol Rd. Santa Rosa CA C10 General Electrical 3/31/2023 315543KS Telecom, Inc. P.O. Box 330 Penryn CA C10 General Electrical 2/28/2023 790922Mike Brown Electric Company 561-A Mercantile Drive Cotati CA C10 General Electrical 4/30/2024 306767 Northern Electric, Inc. 3190 Regional Parkway Santa Rosa CA C10 General Electrical 3/31/2023 437655PCD 1032 Maxwell Drive Santa Rosa CA C10 General Electrical 4/30/2024 527657Robert Colburn Electric, Inc. P.O. Box 3667 Eureka CA C10 General Electrical 6/30/2024 750471Roberts Mechanical & Electrical, Inc. 355 Kunzler Ranch Road, Ste. E Ukiah CA C10 General Electrical 2/28/2023 556014Spencer Electric P O BOX 42 Cutten CA C10 General Electrical 6/30/2022 917603 Summit Signal, Inc. 260 Margie Drive Willits CA C10 General Electrical 7/31/2024 842536 Telstar Instruments 4017 Vista Park Court Sacramento CA C10 General Electrical 5/31/2022 422364 Wahlund Construction, Inc. P.O. Box 6486 Eureka CA C10 General Electrical 9/30/2024 678993Class C-11 Elevator Installation C11 Elevator InstallationArrow Lift of California 101 Sunnyside Ave., Ste. 101 Clovis C A C11 Elevator Installation 8/31/2022 995486
Class C-12 Earthwork & Paving C12 Earthwork & PavingA-T Wanzer Grading and Excavation, Inc. 690 Todd Road Lakeport C A C12 Earthwork & Paving 7/31/2023 1056341
Pacific Earthscape (aka Ford Logging, Inc.) 1225 Central Ave. #11 McKinleyville CA C12 Earthwork & Paving 4/30/2023 793279Ghilotti Construction 246 Ghilotti Avenue Santa Rosa CA C12 Earthwork & Paving 5/31/2024 644515 Granite Construction Company 1324 S. State Street Ukiah CA C12 Earthwork & Paving 5/31/2023 89 Class C-13 Fencing C13 FencingBayWa R.E. Power Solutions, Inc. 1101 National Dr., Ste B Sacramento CA C13 Fencing 2/29/2024 990593 Paine Construction Inc. 7212 8th St. Rio Linda CA C13 Fencing 7/31/2024 333880 4
Company Address 1 City State Class State License Expiration State License No.
Class C-15 Flooring & Floor Covering C15 Flooring & Floor CoveringColusa Floor Covering 678 N Palora Ave. Yuba City CA C15 Flooring & Floor Covering 5/31/2022 364608JB Jordan & Associates P O BOX 3629 Eureka CA C15 Flooring & Floor Covering 12/31/2022 955247Paine Construction Inc. 7212 8th St. Rio Linda CA C15 Flooring & Floor Covering 7/31/2024 333880North Coast Floor & Tile 2510 Broadway Eureka CA C15 Flooring & Floor Covering 5/31/2022 808031Class C-16 Fire Protecting Contractor C16 Fire Protecting ContractorBartley Pump, Inc. 4000 South Moorland Avenue Santa Rosa CA C16 Fire Protecting Contractor 12/31/2023 1033562CBS Plumbing & Heating, Inc. P.O. Box 2385 Santa Rosa CA C16 Fire Protecting Contractor 3/31/2022 294171GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop C A C16 Fire Protecting Contractor 3/31/2023 401498
RCM Fire Protection, Inc. 350 Enterprise Pl Tracy CA C16 Fire Protecting Contractor 4/30/2023 793205Wipf Construction P O BOX 234 Ukiah CA C16 Fire Protecting Contractor 11/30/2023 629598Class C-17 Glazing C17 GlazingAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C17 Glazing 11/30/2024 815286Apperson Energy Management 6620 Central Ave Ukiah CA C17 Glazing 4/30/2023 1075371BEST Contracting Services, Inc. 19027 S. Hamilton Ave. Gardena CA C17 Glazing 5/31/2024 456263 C20 Warm-Air Heating, Ventilating & Air-Conditioning
CBS Plumbing & Heating, Inc. P.O. Box 2385 Santa Rosa C A C20 Warm-Air Heating, Ventilating & Air-Conditioning 3/31/2022 294171 Intercounty Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah C A C20 Warm-Air Heating, Ventilating & Air-Conditioning 12/31/2024 926337 JMS Mechanical, Inc. 538 Martin Avenue, Suite D Rohnert Park C A C20 Warm-Air Heating, Ventilating & Air-Conditioning 8/31/2024 811562 Roberts Mechanical & Electrical, Inc. 355 Kunzler Ranch Road, Ste. E Ukiah C A C20 Warm-Air Heating, Ventilating & Air-Conditioning 2/28/2023 556014 Class C-21 Building Moving & Wrecking C21 Building Moving & WreckingBowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA C21 Building Moving & Wrecking 1/31/2023 656741Coleman Environmental Engineering, Inc. P O BOX 1020 Upper Lake CA C21 Building Moving & Wrecking 6/30/2022 764005Ghilotti Construction 246 Ghilotti Avenue Santa Rosa CA C21 Building Moving & Wrecking 5/31/2024 644515Granite Construction Company 1324 S. State Street Ukiah CA C21 Building Moving & Wrecking 5/31/2023 89 Integrity Construction Maintenance, Inc. 3531 Gravenstein Highway S Sebastopol CA C21 Building Moving & Wrecking 9/30/2024 846187 West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA C21 Building Moving & Wrecking 2/29/2024 718733 Class C-22 Asbestos Abatement C22 - ASBESTOS ABATEMENTBowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA C22 - ASBESTOS ABATEMENT 1/31/2023 656741Wahlund Construction, Inc. P.O. Box 6486 Eureka CA C22 - ASBESTOS ABATEMENT 9/30/2024 678993 West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA C22 - ASBESTOS ABATEMENT 2/29/2024 718733 Class C-23 Ornamental Metals Class C-23 Ornamental MetalsN/AClass C-27 Landscaping Class C-27 LandscapingGranite Construction Company 1324 S. State Street Ukiah CA C27 Landscaping 5/31/2023 89 Hanford Applied Resporation & Conservation 755 Baywood Drive, Ste. 380 Petaluma CA C27 Landscaping 2/29/2024 461167 Johnson's Custom Landscaping, Inc. 591 Riverside Drive Ukiah CA C27 Landscaping 3/31/2023 748725 Quality Landscape Company 11821 Westside Potter Valley Road Potter Valley CA C27 Landscaping 11/30/2022 548558Sangiacomo Landscape 3150 Guidiville Road Ukiah CA C27 Landscaping 1/31/2023 367676 Class C-28 Lock & Security Equipment Class C-28 Lock & Security EquipmentN/AClass C-20 Warm-Air Heating, Ventilating & Air-Conditioning 5
Company Address 1 City State Class State License Expiration State License No.
Class C-29 Masonry Class C-29 MasonryGranite Construction Company 1324 S. State Street Ukiah CA C29 Masonry 5/31/2023 89 Class C-31 Construction Zone Traffic Control
Granite Construction Company 1324 S. State Street Ukiah CA C31 Construction Zone Traffic Control 5/31/2023 89Live Oak Utility Infrastructure, LLC 3450 Broad St., #104 San Luis Obispo CA C31 Construction Zone Traffic Control 9/30/2023 1057965Paulson Excavating, Inc. P.O. Box 339 Albion CA C31 Construction Zone Traffic Control 7/31/2024 425362Wipf Construction P O BOX 234 Ukiah CA C31 Construction Zone Traffic Control 11/30/2023 629598 Class C-32 Parking & Highway Improvement
American Asphalt Repair & Resurfacing Co., Inc. 24200 Clawiter Road Hayward CA C32 Parking & Highway Improvement 5/31/2023 439591Argonaut Constructors P O Box 639 Santa Rosa CA C32 Parking & Highway Improvement 12/31/2023 171432Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley CA C32 Parking & Highway Improvement 9/30/2024 303609Sierra Nevada Construction Inc. P O BOX 50760 Sparks NV C32 Parking & Highway Improvement 5/31/2024 593393Specialized Paevement Marking 19652 N. Hirsch Ct. Anderson CA C32 Parking & Highway Improvement 4/30/2024 854894Class C-33 Painting & Decorating Class C-33 Painting & DecoratingBowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA C33 Painting & Decorating 1/31/2023 656741Dunn Right Painting, Inc. 75 D Kunzler Ranch Road Ukiah CA C33 Painting & Decorating 9/30/2023 691040Integrity Construction Maintenance, Inc. 3531 Gravenstein Highway S Sebastopol CA C33 Painting & Decorating 9/30/2024 846187Paine Construction Inc. 7212 8th St. Rio Linda CA C33 Painting & Decorating 7/31/2024 333880Zayco Performance Coatings 4501 Robertson Ave. Sacramento CA C33 Painting & DecoratingClass C-34 Pipline Class C-34 PiplineClass C-35 Lathing and Plastering Class C-35 Lathing and PlasteringAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C35 Lathing and Plastering 11/30/2024 815286Granite Construction Company 1324 S. State Street Ukiah CA C35 Lathing and Plastering 5/31/2023 89Class C-36 Plumbing Class C-36 PlumbingAquamakx Plumbing P O BOX 761 Redwood Valley CA C36 Plumbing 5/31/2023 932392CBS Plumbing & Heating, Inc. P.O. Box 2385 Santa Rosa CA C36 Plumbing 3/31/2022 294171Coleman Plumbing P.O. Box 754 Redwood Valley CA C36 Plumbing 12/31/2023 989129Fort Bragg Electric, Inc. P O BOX 1878 Fort Bragg CA C36 Plumbing 7/31/2024 391464GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop C A C36 Plumbing 3/31/2023 401498
Granite Construction Company 1324 S. State Street Ukiah CA C36 Plumbing 5/31/2023 89 Intercounty Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah C A C36 Plumbing 12/31/2024 926337
R G Plumbing Group, Inc. 461 Todd Road Santa Rosa CA C36 Plumbing 2/29/2024 802006 Roberts Mechanical & Electrical, Inc. 355 Kunzler Ranch Road, Ste. E Ukiah CA C36 Plumbing 2/28/2023 556014Weeks Drilling and Pump Co. 6100 Highway 12 Sebastopol CA C36 Plumbing 9/30/2024 177681Class C-38 Refrigeration Class C-38 RefrigerationIntercounty Mechanical & Electrical, Inc. 189 Wabash Avenue Ukiah CA C38 Refrigeration 12/31/2024 926337Class C-39 Roofing Class C-39 RoofingAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C39 Roofing 11/30/2024 815286B. A. S. Roofing 425 Pomo Drive Ukiah CA C39 Roofing 1/31/2023 927007 BEST Contracting Services, Inc. 19027 S. Hamilton Ave. Gardena CA C39 Roofing 5/31/2024 456263 Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA C39 Roofing 1/31/2023 656741 Foam Experts Roofing, Inc. 1107 S. Wilbur St. Mesa CA C39 Roofing 11/30/2022 501167 Granite Construction Company 1324 S. State Street Ukiah CA C39 Roofing 5/31/2023 89 Class C-31 Construction Zone Traffic ControlClass C-32 Parking & Highway Improvement 6
Company Address 1 City State Class State License Expiration State License No.
Harbert Roofing, Inc. 19799 Hirsch Ct. Anderson CA C39 Roofing 10/31/2022 696974Lucerne Roofing 74 Soda Bay Rd Lakeport CA C39 Roofing 4/30/2024 388686Solano County Roofing 4349 Cordelia Rd. Fairfield CA C39 Roofing 7/31/2022 495355Class C-42 Sanitation Systems Class C-42 Sanitation SystemsGhilotti Construction 246 Ghilotti Avenue Santa Rosa CA C42 Sanitation Systems 5/31/2024 644515Granite Construction Company 1324 S. State Street Ukiah CA C42 Sanitation Systems 5/31/2023 89Class C-43 Sheet Metal Class C-43 Sheet MetalBEST Contracting Services, Inc. 19027 S. Hamilton Ave. Gardena CA C43 Sheet Metal 5/31/2024 456263CBS Plumbing & Heating, Inc. P.O. Box 2385 Santa Rosa CA C43 Sheet Metal 3/31/2022 294171JMS Mechanical, Inc. 539 Martin Avenue, Suite D Rohnert Park C A C43 Sheet Metal 8/31/2024 811562
Solano County Roofing 4349 Cordelia Rd. Fairfield CA C43 Sheet Metal 7/31/2022 495355Class C-45 Electrical Signs Class C-45 Electrical SignsGranite Construction Company 1324 S. State Street Ukiah CA C45 Electrical Signs 5/31/2023 89 Class C-46 Solar Class C-46 SolarBayWa R.E. Power Solutions, Inc. 1101 National Dr., Ste B Sacramento CA C46 Solar 2/29/2024 990593 Class C-50 Steel Reinforcing Class C-50 Steel ReinforcingGranite Construction Company 1324 S. State Street Ukiah CA C50 Steel Reinforcing 5/31/2023 89 Class C-51 Structural Steel Contractor Class C-51 Structural Steel ContractorGranite Construction Company 1324 S. State Street Ukiah CA C51 Structural Steel Contractor 5/31/2023 89 Class C-53 Swimming Pool Class C-53 Swimming PoolN/AClass C-54 Ceramic & Mosaic Tile Class C-54 Ceramic & Mosaic TileColusa Floor Covering 678 N Palora Ave. Yuba City CA C54 Ceramic & Mosaic Tile 5/31/2022 364608North Coast Floor & Tile 2510 Broadway Eureka CA C54 Ceramic & Mosaic Tile 5/31/2022 808031Class C-55 Water Conditioning Class C-55 Water ConditioningN/AClass C-57 Water Well Drilling Class C-57 Water Well DrillingBartley Pump, Inc. 4000 South Moorland Avenue Santa Rosa CA C57 Water Well Drilling 12/31/2023 1033562 Commercial Pump & Mechanical P O BOX 7947 Chico CA C57 Water Well Drilling 3/31/2023 921066 Granite Construction Company 1324 S. State Street Ukiah CA C57 Water Well Drilling 5/31/2023 89 Nor-Cal Pump & Well Drilling, Inc. 1325 Barry Road Yuba City CA C57 Water Well Drilling 1/31/2022 908591 Weeks Drilling and Pump Co. 6100 Highway 12 Sebastopol CA C57 Water Well Drilling 9/30/2024 177681Class D-06 Concrete Related Services Class D-06 Concrete Related ServicesSpencer Electric P O BOX 42 Cutten CA D06 - Concrete Related Services 6/30/2022 917603Class D-09 Drilling, Blasting and Oil Field Work Class D-09 Drilling, Blasting and Oil Field WorkNor-Cal Pump & Well Drilling, Inc. 1325 Barry Road Yuba City CA D09 Drilling, Blasting and Oil Field Work 1/31/2022 908591 Class D-10 Elevated Floors Class D-10 Elevated Floors
N/A
Class D-12 Synthetic Products Class D-12 Synthetic ProductsFlexground Surfaces, Inc. 2029 Opportunity Drive Ste 3 Roseville CA C61 / D12 Synthetic Products 5/31/2023 1003439Class D-21 Machinery & Pumps C61 / D21 Machinery & PumpsAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C61 / D21 Machinery & Pumps 11/30/2024 815286Commercial Pump & Mechanical P O BOX 7947 Chico CA C61 / D21 Machinery & Pumps 3/31/2023 921066GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop CA C61 / D21 Machinery & Pumps 3/31/2023 401498Nor-Cal Pump & Well Drilling, Inc. 1325 Barry Road Yuba City CA C61 / D21 Machinery & Pumps 1/31/2022 908591 7
Company Address 1 City State Class State License Expiration State License No.
Weeks Drilling and Pump Co. 6100 Highway 12 Sebastopol CA C61 / D21 Machinery & Pumps 9/30/2024 177681Class D-23 Medical Gas Systems Class D-23 Medical Gas SystemsN/AClass D-24 Metal Products Class D-24 Metal ProductsN/A Class D-28 Doors, Gates & Activating Devices
N/A
Class D-31 Pole Installation & Maintenance
N/A
Class D-34 Prefabricated Equipment Class D-34 Prefabricated EquipmentAlcal Specialty Contracting, Inc. 42950 Osgood Road Fremont CA C61 / D-34 Prefabricated Equipment 11/30/2024 815286Flexground Surfaces, Inc. 2029 Opportunity Drive Ste 3 Roseville CA C61 / D-34 Prefabricated Equipment 5/31/2023 1003439Class D-35 Pool and Spa Maintenance Class D-35 Pool and Spa MaintenanceN/AClass D-38 Sand & Water Blasting Class D-38 Sand & Water BlastingBowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA D38 Sand & Water Blasting 1/31/2023 656741Integrity Construction Maintenance, Inc. 3531 Gravenstein Highway S Sebastopol CA D38 Sand & Water Blasting 9/30/2024 846187Class D-39 Scaffolding Class D-39 ScaffoldingN/AClass D-40 Srvc Stn Equip & Maint Class D-40 Srvc Stn Equip & MaintN/AClass D-41 Siding and Decking Class D-41 Siding and DeckingN/AClass D-42 Sign Installation Class D-42 Sign InstallationLive Oak Utility Infrastructure, LLC 3450 Broad St., #104 San Luis Obispo CA D42 Non-Electrical Sign Installation 9/30/2023 1057965Class D-49 Tree Service Class D-49 Tree ServiceA-1 Tree Service & Stump Removal P.O. Box 493512 Hartnell Ave. Redding CA D49 Tree Service 1/31/2024 1020617Family Tree Resource, Inc. 1155 S Main St., Ste 102 Willits CA D49 Tree Service 1/31/2023 1048457Family Tree Service, Inc. P O BOX 1325 Laytonville CA D49 Tree Service 2/29/2024 640013Image Tree Service, Inc. 564 Caletti Ave. Windsor CA D49 Tree Service 7/31/2023 719689Johnson's Quality Tree Care & Logging 2700 Boonville Rd. Ukiah CA D49 Tree Service 7/31/2024 698591Wylatti Resource Management, Inc. P O BOX 575 Cemetary Lane Covelo CA D49 Tree Service 6/30/2023 934597Class D-52 Window CoveringClass D-64 Non Specialized Class D-64 Non SpecializedN/A HAZ Hazardous Substance Removal Certification
Argonaut Constructors P O Box 639 Santa Rosa CA HAZ Hazardous Substance Removal Certification 12/31/2023 171432 Bowen Engineering and Environmental 4664 S. Cedar Avenue Fresno CA HAZ Hazardous Substance Removal Certification 1/31/2023 656741 Coleman Environmental Engineering, Inc. P O BOX 1020 Upper Lake CA HAZ Hazardous Substance Removal Certification 6/30/2022 764005 EBA Engineering 825 Sonoma Ave., Ste. C Santa Rosa CA HAZ Hazardous Substance Removal Certification 1/31/2023 662725 Fort Bragg Electric, Inc. P O BOX 1878 Fort Bragg CA HAZ Hazardous Substance Removal Certification 7/31/2024 391464 GSE Construction Company, Inc. 3990 Yosemite Ave Lathrop C A HAZ
Hazardous
Substance
Removal Certification 3/31/2023 401498
Ghilotti Construction 246 Ghilotti Avenue Santa Rosa CA HAZ Hazardous Substance Removal Certification 5/31/2024 644515Class D-31 Pole Installation & MaintenanceHAZ Hazardous Substance Removal CertificationClass D-28 Doors, Gates & Activating Devices 8
Company Address 1 City State Class State License Expiration State License No.
Granite Construction Company 1324 S. State Street Ukiah CA HAZ Hazardous Substance Removal Certification 5/31/2023 89Paulson Excavating, Inc. P.O. Box 339 Albion CA HAZ Hazardous Substance Removal Certification 7/31/2024 425362Oak Grove Construction 431 Payran Street, Ste. 101 Petaluma CA HAZ Hazardous Substance Removal Certification 6/30/2023 406464Siri Grading & Paving, Inc. P O BOX 3638 Santa Rosa CA HAZ Hazardous Substance Removal Certification 1/31/2024 325681Team Ghilotti, Inc. 2531 Petaluma Blvd., So. Petaluma CA HAZ Hazardous Substance Removal Certification 4/30/2023 895384TerraCon Constructors, Inc. P O BOX 276 Healdsburg CA HAZ Hazardous Substance Removal Certification 11/30/2023 562511Wahlund Construction, Inc. P.O. Box 6486 Eureka CA HAZ Hazardous Substance Removal Certification 9/30/2024 678993West Coast Environmental 3181 Fitzgerald Road Rancho Cordova CA HAZ Hazardous Substance Removal Certification 2/29/2024 718733HIC Home Improvement CertificationN/A 9
Agenda Item No: 8.c.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2023-2161
AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Consent Calendar
ATTACHMENTS:
1. AB 361 Findings Reconsideration for All Legislative Bodies Summary: The City Council will consider adopting a resolution reconsidering the circumstances of the state of emergency and implementing teleconferencing requirements for public meetings of the Council and all City Commissions and Boards during the current state of emergency due to the COVID-19 pandemic.
Background: The City Council is being asked to consider adopting a resolution authorizing continued remote meetings of the Council and its subordinate legislative bodies due to the imminent risk to the health and safety of attendees due to possible transmission of COVID-19 and the recent spread of variants. The current County health orders strongly recommends masking in all indoor facilities due to health and safety concerns. COVID19 is highly transmissible in indoor settings and requires multi-component prevention strategies to reduce its spread. The California Department of Public Health is currently investigating the length of vaccine protection.
The Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors as much as possible. Returning to meeting in the Council Chambers or smaller conference rooms means being in an enclosed space for meetings that commonly last for one to five hours and would seem to create additional exposure for participants to a possible transmission of the virus.
The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public and that any person may attend and participate in such meetings. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so, including allowing public access to that location. On March 17, 2020, in order to address the need for public meetings during the COVID-19 pandemic, Governor Newsom issued Executive Order No. N-29-20, temporarily suspending the Brown Act’s teleconferencing requirements, Executive Order No. N-8-2 then continued the suspension of the Brown Act’s teleconferencing requirements from June 11, 2021 through September 30, 2021. These Executive Orders allowed legislative bodies to meet virtually as long as certain notice and accessibility requirements were met.
The State Legislature amended the Brown Act through Assembly Bill No. 361 (“AB 361”) on September 16, 2021. As with the Executive Orders, AB 361 requires that certain notice and accessibility requirements continue to be met for holding virtual public meetings. In addition, AB 361 states that a local agency may use teleconferencing without complying with the regular teleconferencing requirements of the Brown Act, where the legislative body holds a meeting during a proclaimed state of emergency and makes certain findings; and requires that the legislative body make additional findings every 30 days in order to continue such teleconferencing.
As such, Staff recommends that the Council reconsider the circumstances of the state of emergency, and make findings regarding the state of emergency by adopting the Resolution Implementing Teleconferencing
Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID-19 Pandemic (“Resolution”) attached here as Attachment 1.
Discussion: AB 361, codified in part in Government Code § 54953, allows a local agency legislative body to hold a public meeting utilizing teleconferencing without giving public access to a teleconference location but allowing public comment virtually if the Governor has proclaimed a State of Emergency and any of the following circumstances also apply:
1. State or local officials have imposed or recommended measures to promote social distancing.
2. The meeting is being held for the purposes of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body has determined that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
As amended by AB 361, Government Code § 54953(e)(3) requires cities that are conducting public meetings via teleconferencing during a declared State of Emergency to make findings, within 30 days of the first virtual meeting after AB361 going into effect, and every 30 days thereafter, that the legislative body has reconsidered the circumstances of the state of emergency and either 1) the emergency continues to impact the ability to meet safely in person, and/or 2) State or local officials continue to impose or recommend social distancing.
Council adopted these findings at their December 7, 2022 meeting. The Council must now adopt, via this Resolution (Attachment 1), the findings that confirm the circumstances of the state of emergency and justify holding public meetings of the Council and all subordinate commissions, boards, and committees utilizing teleconferencing and allowing public comment virtually, pursuant to Government Code § 54953(e)(3).
Given recent modifications to the health order, Staff is currently utilizing and fine-tuning a hybrid meeting option that allows for in-person and remote participation in an effort to accommodate all needs and choices.
Staff will be working with the Mayor to coordinate continued implementation.
Recommended Action: Adopt a Resolution of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings during a Proclaimed State of Emergency Due to the COVID-19 Pandemic.
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: City Clerk
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
1 RESOLUTION NO. 2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH IMPLEMENTING
TELECONFERENCING REQUIREMENTS FOR CITY COUNCIL AND BOARD AND
COMMISSION MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY DUE TO THE COVID-19 PANDEMIC
WHEREAS:
1. The City of Ukiah is committed to preserving and nurturing public access and participation in meetings of the City Council and its Boards and Commissions; and
2. All meetings of City’s legislative bodies are open and public, as required by the Ralph M.
Brown Act, so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;
3. The Brown Act allows for legislative bodies to hold meetings by teleconference, but imposes specific requirements for doing so; and
4. On March 17, 2020, in order to address the need for public meetings during the present public health emergency, i.e. the COVID-19 Pandemic, Governor Newsom issued Executive Order No. N-29-20, suspending the Act’s teleconferencing requirements; and
5. On June 11, 2021, Governor Newsom issued Executive Order No. N-8-21, continuing the suspension of the Brown Act’s teleconferencing requirements through September 30, 2021; and
6. The State Legislature amended the Brown Act through Assembly Bill No. 361 (AB 361) on September 16, 2021; and
7. AB 361, codified in part at Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
8. Such conditions now exist in the City, specifically, the Governor has proclaimed a state of emergency exists for the state of California due to the conditions caused by the COVID-19 pandemic and the impact on the health and safety of its residents; and
9. The Omicron subvariants are highly transmissible in indoor spaces, the California Department of Public Health is currently investigating how long vaccine protection lasts, and the Center for Disease Control and Prevention recommends avoiding indoor spaces that do not offer fresh air from the outdoors;
10. Current County health orders recommend measures to promote social distancing due to health and safety concerns; and
2 11. In accordance with Assembly Bill 361, the City Council does hereby find that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees and the Council desires to authorize continued remote teleconferenced meetings of its legislative bodies; and
12. As a consequence of the local emergency, the City Council does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with Government Code § 54953(b)(3), as authorized by § 54953(e), and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in § 54953(e)(2); and
13. The City has taken measures to conduct public meetings via virtual tools that allow members of its legislative bodies and members of the public to join and participate in meetings remotely and provide public testimony in the virtual environment and via teleconference.
NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, declares, orders, and resolves as follows:
1. That the foregoing recitals are true and correct and incorporates them by this reference; and
2. The Governor of the State of California issued a Proclamation of State of Emergency, which remains in effect; and
3. County of Mendocino officials have recommended measures to promote social distancing; and
4. Meeting in person would present imminent risk to the health or safety of attendees; and
5. The City Council of the City of Ukiah has reconsidered the circumstances of the State of Emergency, and finds that:
a. The factors triggering the State of Emergency continue to directly impact the ability of the members of the legislative bodies of the City of Ukiah, their staff, and members of the public to meet safely in person; and
b. State and County officials continue to impose or recommend measures to promote social distancing.
6. The City Manager or his designee and the legislative bodies of the City of Ukiah are authorized to take all steps and perform all actions necessary to execute and implement this Resolution in compliance with Government Code § 54953; and
7. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 10, 2023, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of § 54953(b)(3).
PASSED AND ADOPTED this 11th day of January, 2023, by the following roll call vote:
AYES:
3 NOES:
ABSENT:
ABSTAIN:
Mari Rodin, Mayor
ATTEST:
Kristine Lawler, City Clerk
Agenda Item No: 8.d.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2023-2165
AGENDA SUMMARY REPORT
SUBJECT: Approval of Contract Amendment with GHD Inc. for Additional Design Support for the Great Redwood Trail Phase 4 Project in the Amount of $61,958.00.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. Original ASR
2. Amendment 1
3. Amendment 2
Summary: Council will consider approving a contract amendment with GHD Inc. for additional design support for the Great Redwood Trail Phase 4.
Background: The City of Ukiah has been awarded a California Natural Resources Agency grant through the Urban Greening Program for the design and construction of Phase 4 of the Great Redwood Trail. At the September 15, 2021 meeting, Council awarded a professional services agreement to GHD Inc for the plans, specifications, and estimate this project (Attachment 1). As design continued, an amendment was needed for additional engineering and permitting services related to environmental conditions surrounding parts of the trail (Attachment 2).
Discussion: During the development of the plans for this project, GHD and City Staff determined the need to keep the trail parallel to the existing railroad tracks due to the California Utilities Commission's (CUC) indecision on approving rail banking at this time. Some of the design elements required from shifting the trail to the east of the tracks include earthwork, abutments and retaining walls. Additional environmental work and permitting is needed as well for reinstated permitting processes from the Federal Government, tree impacts, wetland mitigation and landscape redesign.
The total fee for these services is $61,958.00, which brings GHD Inc.’s total design cost to $424,267.00. It is anticipated that these additional expenses (Attachment 3) will still fall within the funding provided by Natural Resources Agency grant.
Recommended Action: Approve contract amendment with GHD Inc. for the additional design support for the Great Redwood Trail Project Phase 4 in the amount of $61,958.00.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 51124210.80230.18253: $3,559,550.01 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-118
COORDINATED WITH: Tim Eriksen, Director of Public Works and Andrew Stricklin, Associate Engineer DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles. 2d – Continue to expand the Great Redwood Trail – Ukiah. 4a – Implement nature-based climate solutions.
Agenda Item No: 13.a.
MEETING DATE/TIME: 9/15/2021
ITEM NO: 2021-1043
AGENDA SUMMARY REPORT
SUBJECT: Award Professional Services Agreement to GHD Inc. in the Amount of $312,491 to Prepare the Plans, Specifications, and Estimate for the Great Redwood Trail Phase 4 Project.
DEPARTMENT: Public Works PREPARED BY:Andrew Stricklin, Associate Engineer PRESENTER:Tim Eriksen, Director of Public Works / City
Engineer
ATTACHMENTS:
1. Great Redwood Trail Phase 4 Proposal_GHD - Council
Summary: The City Council will consider awarding a professional services agreement to GHD Inc. for preparation of plans, specifications, and estimate for the Great Redwood Trail Phase 4 Project.
Background: This work involves the completion of the design and preparation of the plans, specification, and estimate for the Great Redwood Trail Phase 4 (GRT4) project. The GRT4 will extend the existing rail trail phase 2 from Commerce Drive south approximately 1.9 miles past Plant Road near the City's wastewater treatment plant. The new phase will provide connectivity from the Redwood Business Park to the Ukiah Animal Shelter, Plant Road. Staff obtained the same California Natural Resources Agency grant through the Urban Greening Program that provided funding to phase 3 of the trail. This funding will provide for both design and construction of this project.
Discussion: Staff issued a request for proposals (RFP) and sent it to six prospective consultants. In response to the City's RFP, one consulting firm, GHD, submitted a proposal with a separate fee proposal (Attachment 1). The City's consultant selection committee reviewed the proposal and found it to be very thorough in its response to the RFP. GHD has extensive knowledge of the project and has designed phases 1-3 of this trail project. The proposed fee of $312,491 is consistent with staff's estimate for providing services and within the grant budget for the design. Staff found the fee to be commensurate with the scope of work.
Urban Greening Grant funding for this project will be provided to the City on a reimbursement basis. Staff recommends approval of a professional services agreement for this work.
Recommended Action: Award Professional Services Agreement to GHD Inc. in the Amount of $312,491 to Prepare the Plans, Specifications, and Estimate for the Great Redwood Trail Phase 4 Project.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 51124210.80230.18253 $347,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Urban Greening Program Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tim Eriksen, Director of Public Works / City Engineer ATTACHMENT 1
COUNCIL ACTION REPORT
See lower left corner for actions taken and/or Contract Nos. ATTACHMENT 2
The Power of Commitment
GHD Inc. 12557341
City of Ukiah Ref: COU No. 2122118
Our ref: 12557341
November 7, 2022
Tim Eriksen
Public Works Director / City Engineer
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
RE: Great Redwood Trail Phase 4: Amendment No. 2 for Additional Design and Environmental Services
Dear Mr. Eriksen:
This letter proposal is submitted based on our additional efforts to complete the project and address changes to the design which resulted from the alignment of the trail shifting from being located along the centerline of the tracks as originally proposed to being offset to the east of the tracks. The decision to shift the alignment to the east side of the tracks was based on the City’s concern should railbanking not be approved by the California Utilities Commission (CUC).
The result of shifting the trail to the east of the tracks introduced a number of additional design and environmental requirements. These issues are generally related to grading, drainage, structural, tree removal and wetlands. These issues are interwoven with the environmental and resource agency permitting. Addressing environmental and resource agency permitting was added to the project by Amendment No. 1, but coordination efforts and requirements from the resource agencies have been greater than anticipated.
Below is a summary of the tasks and efforts we have that are in addition to the original approach, scope of work and the amendment for environmental and permitting:
1. Bridge and Abutment Designs: The Scope of Work assumed the existing bridges and foundations could be reused with minor modifications for the trail, such as replacing the decks. o Shifting the trail to the east of the tracks meant designing two new bridges, including efforts to coordinate the bridge foundations and related grading with existing nearby utilities.
2. Retaining Wall Designs: The Scope of Work assumed no new retaining walls would be required since the alignment was to be on the track alignment.
o Shifting the trail to the east of the tracks meant designing cast-in-place concrete and mechanically stabilized earth (MSE) retaining walls as part of the trail cut/fill grading.
3. Parking Lot Design at the Animal Shelter. Design “off-site improvements” would not have been needed if the trail alignment was along the rail alignment. o Shifting the trail to the east of the tracks impacted the parking lot at the animal shelter on Plant Road. The design includes demolition of the existing parking lot, and new paving and parking layout to accommodate the trail to the east of the tracks.
4. Impact analysis for moving the trail back on the rail o We did an analysis and cost estimate for this scenario, but it was abandoned and we returned to the current alignment
5. Earthwork and Grading Design: Design of grading, cuts and fills was expected to be minimal with the trail alignment along the tracks. Some minor fill was expected to address the proposed width of the trail and shoulders.
o Shifting the trail east of the tracks resulted in significant additional design efforts related to grading, trail profile, trail alignment, and earth retaining systems (previously summarized).
This effort included:
Design of trail alignment offset from track centerline. Design of new cuts and fills for a smooth trail profile.
ATTACHMENT 3
12557341 | Proposal for Environmental Studies and Permitting 2 Designing to minimize/balance the earthwork (cuts and fills). Designing to avoid mapped wetlands (to the extent possible/practical)
6. Additional Environmental and Permitting:
o Amendment 1 assumed no field review meetings with resource agencies would be needed.
We attempted to consolidate these to one site visit for both RWQCB and CDFW, but it didn’t work with the agencies’ schedules. To date we have coordinated and attended two field meetings for wetlands with the RWQCB and CDFW. Additional coordination efforts and confirmation of mitigation is still expected. It’s possible that USACE may also ask for a site visit.
o In February 2022, when Amendment 1 for environmental support was submitted to the City, a federal district court had in the fall of 2021 rescinded the Trump-era Pre-filing Rule for Water Quality Certifications with the Regional Board. In April 2022, after the Amendment was approved, the Supreme Court struck down the District Courts ruling thus re-instating the Pre-filing Rule. GHD’s scope of work did not include support for the Pre-filing process which we are currently navigating with the RWQCB.
7. Wetland Mitigation Design: Wetlands will be impacted by the trail alignment east of the tracks, and design of wetland mitigation measures was not included in the original Scope of Work or Amendment 1.
o We assumed mitigation in the form of enhancement and restoration would suffice. While proposed enhancement and restoration has been deemed acceptable for the fill impacts to Waters, the RWQCB has requested creation of new wetland areas for the impacts to existing wetlands.
o GHD prepared wetland mitigation design along the west side of the rail, including new wetland grading, detailing, specifying seed mix, etc.
o The culvert extensions have triggered more detailed permit review by the CDFW, resulting in more coordination and design efforts.
8. Tree Impacts: Few to no impacts to existing trees were expected when the trail was on the rail alignment.
o Moving the trail alignment east of the tracks required that additional detailing in accounting of tree impacts and protection measures and reflecting them on the plans.
9. Base and Alternate Bids: Development of base and additive/deductive bid alternates was not included in the Scope of Work. Shifting the trail alignment east of the tracks has increased the cost of the project.
o The City requested GHD formulate the bid to specify a base bid from Commerce Drive south to Norgard Lane, and an additive bid alternate from Norgard Lane south to Plant Road. The segment of trail south of Plant Road was removed from the project due to cost.
This effort included creating a base and additive bid alternate schedule and adding notes and callouts to the plans to indicate the limit of base and alternate bid item work.
10. Landscape Redesign: Alta Planning + Design needed to redesign areas of landscaping to address waters mitigation requirements that were discovered after the jurisdictional delineation effort associated with Amendment 1. Planting locations and species choices had to be adjusted to balance both the needs of the grant as well as waters enhancement mitigation.
11. Revise Permit Applications: The initial draft applications included the original 1.9-mile trail segment.
This was later revised after the portion of the project south of Plant Road was removed. GHD went back through the applications to remove references to that portion of the proposed trail south of Plant Road.
The design is essentially complete, pending any comments from the City. Work remaining to finalize the bid package includes additional resource agency coordination and permitting, bridge and culvert hydraulic analysis and finalizing the design, finalizing the base and alternate bid items, and finalizing the technical specifications, bid schedules and bid package. Per City direction, this amendment request does not include the additional hydraulics analysis required for the bridge design due to the 100-yr floodplain. If the bid alternate is awarded to the Contractor GHD will need additional approval from the City to proceed with the hydraulic analysis prior to construction.
FEE ESTIMATE
12557341 | Proposal for Environmental Studies and Permitting 3 The Amendment 2 budget is attached, which covers our current budget overrun of approximately $52,000, and finalize the design for bidding. GHD proposes a time-and-materials fee not to exceed $61,958 without written authorization from the City. See attachment for breakdown of the estimated fee. We appreciate the City’s consideration of this proposal and are very motivated to complete the design so the City can prepare the project for bid advertisement. Please don’t hesitate to contact me if you have any questions.
Sincerely,
GHD Inc.
Erik Fanselau, PE
Project Manager
Cc: Kristine Gaspar, Matt Kennedy, PE, Principal
Attachment: Fee Estimate
Attachments:
1. GHD Amendment 2 Fee Proposal
Attachment 1
Project Name: Great Redwood Trail Phase 4: Amendment 2 Client: City of Ukiah Prepared by: Matt Kennedy Date:
Job Number: 12557341
LABOR CATEGORY > Proj. Proj. Civil H/H Struct. PW Field Surveyor Env Staff CAD WP PA TOTAL Sub- TOTAL Prncpl Mngr. Eng. Eng. Eng. Survey Scientist Env Designer HOURS conRATE > $315 $235 $195 $195 $190 $225 $195 $235 $158 $195 $135 $135 sultant(s) FEE Task / Item /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr /Hr AMENDMENT 2 TASKS
1. Bridge and Abutment Design 1 4 50 8 63 $409.50 $12,564.50
2. Retaining Wall Design 1 4 50 8 63 $409.50 $12,564.50
3. Parking Lot Design 6 16 22 $143.00 $4,433.00
4. Impact Analysis - Trail Alignment Shift 2 4 6 $39.00 $1,289.00
5. Earthwork and Grading Design 1 20 20 41 $266.50 $8,381.50
6. Additional Environmental & Permitting 32 32 64 $416.00 $12,992.00
7. Wetland Mitigation Design 8 2 6 16 $104.00 $3,304.00
8. Tree Impacts 2 2 2 6 $39.00 $1,289.00
9. Bid Alternate 1 2 2 1 6 $39.00 $1,409.00
4 4 $26.00 $966.00
6 8 14 $91.00 $2,765.00
4 4 50 0 100 0 0 46 40 61 0 0 305 $1,982.50 $0.00 $61,957.50 4 4 50 0 100 0 0 46 40 61 0 0 305 $1,982.50 $0.00 $61,957.50 *OTHER DIRECT COSTS include printing, photocopies, shipping, vehicle mileage and other miscellaneous direct expenses.
SUBTOTAL AMENDMENT 2 TASKS
PROJECT TOTALS
11. Revise Permit Applications
GHD - PROJECT FEE ESTIMATING SHEET
November 7, 2022
LABOR COSTS FEE COMPUTATION
*OTHER
DIRECT
COSTS
10. Landscape Redsign
11/7/2022 Page 1
Agenda Item No: 8.e.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2023-2167
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Reappointing Members to the Diversity and Equity Standing Committee.
DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Kristine Lawler, City Clerk
ATTACHMENTS:
1. CC Reso 2020-59 - Establishing Equity and Diversity Standing Committee
2. Proposed Resolution
Summary: Council will review and consider adopting a resolution reappointing Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli to an additional two (2) year term on the City of Ukiah Diversity and Equity Committee.
Background: On October 7, 2020, the City Council adopted Resolution 2020-59 to establish an eleven (11) member Diversity and Equity Standing Committee and set forth the procedure for filling vacancies (Attachment 1). The structure of the standing committee is designed to ensure optimal representation from the diverse demographic groups represented in the population of the City of Ukiah and the larger community living and working in the Ukiah Valley. The Standing Committee consists of eleven (11) members. The members consist of two members of the City Council and nine members living or working within the city of Ukiah or the Ukiah Valley, including Redwood and Potter Valleys who serve or represent: Persons with lived experience of poverty (currently or formerly living at or below the poverty level; Persons with physical or mental disabilities; Persons from the LGBTQA community; Native American tribes and communities in Mendocino County; Persons of the Hispanic/Latino community; Persons of color; Persons whose primary language is not English; Youth ages 21 and younger; and Seniors 65 years or older.
Discussion: On February 17, 2023, the terms of current Committee members Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli will expire. Per Section 1012 A of the Ukiah City Code states that members of the City of Ukiah Diversity and Equity Standing Committee (“Committee”) shall be appointed by a majority of the City Council, each to serve at the will of the City Council up to a term of two (2) years; and also states that members of the Committee may be appointed to successive terms by the City Council. Staff is recommending that the City Council adopt the resolution (Attachment 2), reappointing Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli.
Additionally, Staff will be bringing back to Council a discussion item to review the appointment process for Boards and Commissions, including the Diversity and Equity Committee, to explore options that provide more opportunities for public participation and inclusion.
Recommended Action: Adopt Resolution reappointing Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli to an additional two (2) year term on the City of Ukiah Diversity and Equity Committee.
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: Traci Boyl, Management Analyst and Darcy Vaughn, Assistant City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):
Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.
CLIMATE INITIATIVES (CI): N/A
ATTACHMENT 1
ATTACHMENT 2
RESOLUTION NO. 2023-XX
RESOLUTION OF THE CITY OF UKIAH REAPPOINTING DENISE GORNY, DARREN JACKSON,
LES MARSTON, XOCHILT MORALES DE MARTINEZ, ZHAO QIU, SUSAN STERN, AND
TROYLE TOGNOLI TO THE DIVERSITY AND EQUITY COMMITTEE OF THE CITY OF UKIAH FOR A TWO-YEAR TERM.
WHEREAS, Section 1012.A of the Ukiah City Code states that members of the City of Ukiah Diversity and Equity Standing Committee (“Committee”) shall be appointed by a majority of the City Council, each to serve at the will of the City Council up to a term of two (2) years; and WHEREAS, Section 1012.A of the Ukiah City Code also states that members of the Committee may be appointed to successive terms by the City Council; and WHEREAS, the terms of current Committee members Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli will expire on February 17, 2023; and
WHEREAS, each of the aforementioned Committee members has expressed interest in being reappointed as members of the Committee for an additional two (2) year term; and NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Ukiah appoints Denise Gorny, Darren Jackson, Les Marston, Xochilt Morales de Martinez, Zhao Qiu, Susan Stern, and Troyle Tognoli to an additional two (2) year term on the City of Ukiah Diversity and Equity Standing Committee.
PASSED, ADOPTED and APPROVED this 11th day of January, 2023 by the following vote on roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Mari Rodin, Mayor
ATTEST:
_______________________________
Kristine Lawler, City Clerk
Agenda Item No: 8.f.
MEETING DATE/TIME: 1/11/2023
ITEM NO: 2023-2168
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Contract for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification 22-09, to James Day Construction, DBA Coastal Mountain Electric, in the Amount of $113,271.10.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. Bid Spec-Dwgs-Addenda
2. Bid Results - Spec 22-09 - Gobbi Elec Svc OH to UG
Summary: The City Council will consider awarding a contract for the Gobbi Street Electric Service Overhead to Underground Conversion , Specification No. 22-09, to James Day Construction in the amount of $113,271.10.
Background: In November 2020, the Gobbi Street Underground joint trench project was completed. The project installed underground infrastructure for electric, telephone and cable TV on Gobbi Street between State Street and Orchard Avenue. Shortly after the completion of the project, Staff redirected its attention to the State Street Undergrounding project. Due to the back-to-back scheduling of these projects, the installation of the wire and equipment to complete Gobbi Street was delayed. City Electric crews have installed equipment and conductor in preparation of the cutover at each business and residence within the Gobbi Street project area. The overhead to underground conversion requires the services of a qualified electrician to make the appropriate modifications to each building to accept the underground service. Electric Utility Staff design and prepared the scope of work and drawings to solicit a bid from qualified electricians.
Discussion: In December 2022, a Request for Bid was issued for the conversion of the overhead electric services to underground services within the Gobbi Street project area. See Attachment 1 for a copy of Specification 22-09, released addenda and drawings of the work to be completed.
The bid opening was January 5, 2023, with two bids received. James Day Electric, dba Coastal Mountain Electric is the lowest responsive, responsible bidder at $113,271.10. Please refer to Attachment 2 for a copy of the bid tab.
Staff recommends awarding the bid to James Day Construction in the amount of $113,271.10.
Recommended Action: Award contract for the Gobbi Street Electric Service Overhead to Underground Conversion, Specification No. 22-09 to James Day Construction, in the amount of $113,271.10.
BUDGET AMENDMENT REQUIRED: No.
CURRENT BUDGET AMOUNT: 80126100.80230.18351; $350,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 2022 Electric Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI)
10a – Protect from dangerous emission by preventing fires.
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION SPECIFICATION NO. 22-09
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
1:00 p.m., December 14, 2022
Safeway Parking Lot (Closest to Gobbi Street)
653 S State Street, Ukiah, California 95482
Bids Open: Thursday, January 5, 2023
2:00 p.m.
Office of City Clerk
ATTACHMENT 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
JIM O. BROWN, MAYOR
JOSEFINA DUENAS– VICE-MAYOR
JUAN OROZCO – COUNCIL MEMBER
DOUGLAS CRANE – COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
CINDY SAUERS, PE – DIRECTOR OF ELECTRIC UTILITY
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY
NOVEMBER 2022
GOBBI ST ELECTRIC SERVICE OVERHEAD iii Spec No. 22-09
TO UNDERGROUND CONVERSION
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3 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........................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5 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...................................................................................................................................... 6 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 ......................................................... 7 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
GOBBI ST ELECTRIC SERVICE OVERHEAD iv Spec No. 22-09
TO UNDERGROUND CONVERSION
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8 6-01. Legal Address of Contractor
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
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
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
7-12. Right of City to Terminate Contract for Convenience SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 16 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 .................................................................................................... 17 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
GOBBI ST ELECTRIC SERVICE OVERHEAD v Spec No. 22-09
TO UNDERGROUND CONVERSION
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
SECTION 10. PAYMENT ............................................................................................................................. 18 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 ............................................................................................................... 21 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 25 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 27 13-01. Background
13-02. Work Requirements
13-04. Project Tasks
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 30 14-01. Provisions to be Excluded from General Conditions
GOBBI ST ELECTRIC SERVICE OVERHEAD vi Spec No. 22-09
TO UNDERGROUND CONVERSION
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 30 15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 31 PROPOSAL ............................................................................................................................................. 32 BIDDING SCHEDULE ................................................................................................................................... 33 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 36 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 37 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 38 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 39 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 40 SIGNATURE OF BIDDER ............................................................................................................................. 41 BIDDER'S BOND .......................................................................................................................................... 42 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 43 AGREEMENT ............................................................................................................................................. 44 INDEMNIFICATION AGREEMENT ............................................................................................................... 48 EXAMPLE BOND FORMS ............................................................................................................................ 49 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 54 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 55
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
FIGURE A, B AND SPECIFIC LOCATIONS
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR
GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION SPECIFICATION NO. 22-09
NOTICE IS HEREBY GIVEN that sealed standard proposals for GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Thursday, January 5, 2023. Bids shall be addressed to the City Clerk and shall be endorsed GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION. 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 of Measure
1. Typical Gutter Over Panel Installation (plus Specialized Design) (Location per Table 1, Page 29, Line 1.) 1 EA
2. Typical Gutter Over Panel Installation (plus Specialized Design) (Locations per Table 1, Page 29, Lines 2, 6, and 8.) 4 EA
3. Typical Gutter Over Panel Installation (Locations per Table 1,
4. Typical Gutter Over Panel Installation (plus Specialized Design) (Locations per Table 1, Page 29, Line 5.) 1 EA
5. Typical Gutter Over Panel Installation (400 Amp CT Disconnect) (Location per Table 1, Page 29, Line 18.) 1 EA
6. Typical Gutter Over Panel Installation (plus Specialized Design) (Location per Table 1, Page 29, Line 7.) 1 EA
7. Roof Repair only (Location per Table 1, Page 29, Line 10.) 1 EA
8. Typical Gutter Over Panel Installation (No Roof Repair) (Location per Table 1, Page 29, Line 12.) 1 EA
9. (Roof Repair plus Specialized Design) (Location per Table 1, Page 29, Line 16.) 1 EA
10. Building Permit 29 EA
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. 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, Financial Services Manager at (707) 463-6233 or by email at [email protected].
A mandatory pre-bid conference will be held at 1:00 p.m. on December 14, 2022 at the project site starting at the Safeway parking lot, 53 South State Street, Ukiah, California 95482, closest to Gobbi Street.
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 unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(aThe 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 his 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 C10 Electrical 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: December 9, 2022
12/2/2022
GOBBI STREET ELECTRIC SERVICE 1 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
INSTRUCTIONS TO BIDDERS
GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION 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 forty-five (45) working days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar days 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.
A mandatory pre-bid conference will be held at 1:00 p.m. on December 14, 2022 at the project site starting at the Safeway’s parking lot, 53 South State Street, Ukiah, California 95482, closest to Gobbi Street, to fully acquaint interested Contractors 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. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive.
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
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
GOBBI STREET ELECTRIC SERVICE 2 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
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 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
(707) 463-6233
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.
Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at various locations on Gobbi Street, Leslie Street, and Marshall Street.
GOBBI STREET ELECTRIC SERVICE 3 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
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 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
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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. 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.
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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 judgement 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. 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.
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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 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.
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SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
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.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 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.
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.
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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 insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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
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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.
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.
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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 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
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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 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 im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
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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.
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.
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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 guarantied 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.
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 reexamination 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.
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7-03. Surveys. 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 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.
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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 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. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below. 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.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:
1. Stop work as specified in the notice.
2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.
3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.
5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.
6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the
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City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:
All actual reimbursable costs incurred according to the provisions of this contract.
1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.
2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.
Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.
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.
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
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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.
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. 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
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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 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.
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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 bankers 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 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.
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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 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
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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 day's delay beyond the time prescribed.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.
SECTION 11. MISCELLANEOUS
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.
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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
Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District.
Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.
Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
C. Supporting Documentation. The Contractor shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
D. City’s Response. Upon receipt of a claim pursuant to this Article, 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. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
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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 City’s 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 City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the District may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
F. Mediation. 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 Contractor a written statement 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 City 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, unless the parties agree to select a mediator at a later time.
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.
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.
Unless otherwise agreed to by the City and the Contractor in writing, 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.
The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.
H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation
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was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
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 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. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of completing the conversion of electrical overhead services to underground services at various locations on Gobbi Street, Leslie Street and Marshall Street.
The Contractor should familiarize himself with the local conditions of the project sites. 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.
12-02. 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
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. 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. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, 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
2. (City) Project Plans
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3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. 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 work.
12-08. 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 the work. 12-09. 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.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, 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. 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. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, 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.
12-14. 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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SECTION 13 - CONSTRUCTION DETAILS
13-01. Background. The City of Ukiah is seeking bids to complete the conversion of electrical overhead services to underground services at various locations on Gobbi Street, Leslie Street and Marshall Street. The project consists of installation of new conduit from stub conduit located near each panel location to a new lockable gutter termination, or from an existing weatherhead to a new weatherhead, or any configuration provided by the City of Ukiah Electrical Department (See Appendices for location specific drawings). Additionally, it requires removal and disposal of all existing un-used conduit, brackets, flashing and weatherheads. The contractor will be required to match all building paint colors, roofing shingles, roof designs, making sure all roofing is sealed and secured from rain. Any damages to the building, yards or landscaping are to be fully repaired. All buildings have been identified for the type of conversion (See Table 1).
13-02. Work Requirements.
a. Work will be performed between the hours of 7:00 AM and 5:00 PM, Monday through Friday. The Contractor must receive the approval of the Electric Utility Department, or authorized representative, prior to commencing any work at each location.
b. Contractor shall notify all property owners 48 hours in advance of any construction or disruption of traffic flow impacting the property.
c. Contractor shall be responsible for all permits required to perform the work. Including all electrical, roofing and construction repairs.
d. Encroachment permit will be issued at no cost. Building permits must be obtained through the City of Ukiah building department and shall be included in bid (See line item # 10). e. Contractor shall hire a licensed roofing professional to repair all roof structures. f. Contractor shall maintain an adequate crew of employees to perform the service required. g. Unit prices quoted shall include all equipment, material, tools, and labor required to complete the work. h. Contractor shall be responsible for any damage to private property resulting directly or indirectly from Contractor’s actions.
i. All employees of Contractor shall wear a uniform or shirt that clearly identifies the company. j. Contractor shall provide a list of employees’ names, dates worked, and hour worked on each date, for each project or job within the City of Ukiah, if requested. k. Contractor agrees to require his/her employee to always present a neat appearance while engaged in the performance of their duties and maintain good bearing towards the public. Should, for any reason, an employee is unsatisfactory in the opinion of the authorized representative, the Contractor, when notified in writing, shall cause the employee to be removed from the project or job and replaced by an employee satisfactory to the authorized representative. l. Contractor shall provide, for all projects, a supervisor/foreman, when requested, with a minimum of five (5) years of experience related to the electrical industry. The supervisor/foreman shall remain on-site during the entire job, when requested.
m. Contractor shall use and furnish all vehicles and equipment necessary for the satisfactory performance of the work set forth in this Scope of Work. All vehicles and equipment shall display the name and/or logo of Contractor’s company. The name and logo shall be large enough to be easily legible from fifty (50) feet, during their work.
n. Contractor shall keep all vehicles and equipment in a neat and clean appearance and maintained in excellent mechanical condition.
o. The Contractor shall verify the location of all utilities prior to repair or maintenance and shall be held liable for all damages incurred due to Contractor’s work-related operations. p. The Contractor must remain within the work areas to the best of their ability. Contractor shall further protect property and facilities adjacent to the work areas and all property and facilities within the work areas. After completion of work, the project area shall be clean and in the original condition. All public or privately-owned improvements and facilities shall be restored to their original condition and location.
In the event improvements of the facilities are damaged, they shall be replaced with new materials equal or better to the original. Contractor shall repair such damage at their expense. q. Contractor must take all due precautionary measures to protect all the existing utilities. The Contractor’s attention is directed to the one-call utility notification service provided by Underground Service Alert (USA). USA member utilities will provide the Contractor with the locations of their
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substructures when given at least 48 hours’ notice. Such request should be requested through USA @ 811 or 800-227- 2600.
13-03. Project Tasks.
a. Locate underground electric conduit stub, install a new 8”x8”x16” lockable gutter box in location to intercept both underground and overhead conduits, extend rigid steel conduit and/or cut conduits to gutter, complete terminations in gutter, remove old weatherhead and conduit from the new gutter location and patch the roof to match the existing. Flashing, water proofing and any roof repairs must be made according to the manufacturer’s specifications (See Appendices for typical gutter install and roof repair diagrams). The electrical contractor may also be required to troubleshoot breakers and fuses, locate underground electric conduit stub, extend to roof using rigid steel conduit, place weatherhead and terminate to old weatherhead.
b. Refer Table 1 “Gobbi Street Overhead to Underground Panel Conversions sheet” to see if the City is requesting a Specialized design for a property (See Appendices for location specific requirements). c. All boxes must be sealed watertight.
d. Roof repairs: All roof repairs must be completed by a licensed roofing contractor. Roof repairs must be sealed and watertight and must be completed in accordance with the roofing manufacturer’s specifications.
e. Any damaged landscaping must be repaired to match existing or better. Any damaged plants shall be replaced.
f. All work performed shall be in accordance with all local, State and Federal guidelines and follow all California Electric Code and NFPA Standards.
g. Contractor is responsible for any leaks or issues for one year following completion of the work. (This section is left intentionally blank.)
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TABLE 1
Line
No. ADDRESS
TYPICAL GUTTER
INSTALL
(FIGURE "A")
SPECIALIZED
DESIGN
400 AMP CT
DISCONNECT
ROOF REPAIR
(FIGURE "B")
703 S. STATE XX X
157 E. GOBBI XX X
3 154 E. GOBBI XX
4 160 E. GOBBI XX
166 E. GOBBI XX X
600 MARSHALL XX X
608 MARSHAL XX X
609 & 609A MARSHALL XX X
9 619 MARSHALL XX
10 629 MARSHALL X
11 618 & 628 MARSHALL XX
12 639 MARSHALL X
13 649 MARSHALL XX
14 659 MARSHALL XX
15 653 MARSHALL XX
668 MARSHALL XX
17 679 MARSHALL XX
178 E. GOBBI XX
19 671, 669 & 667 LESLIE XX
661, 663 & 665 LESLIE XX
21 653, 651 & 649 LESLIE XX
16 Note: All the way in the backyard, possible busbar gutter box 18 Note: 10' above gas main and paint. (see drawing)
20 Note: House meter, seven total #1s, roof repair each Note: Meter panel is in a wood cabinet. New gutter box to be vertical. 5 6
7 8
Note: Figure "A" ‐ must remove all existing conduit and patch holes and match paint Note: Exra long gutter box, gas main directly under panel (stay 3' away) Note: Figure "A" ‐ must remove all existing conduit and patch holes and match paint GOBBI STREET OVERHEAD TO UNDERGROUND SERVICE CONVERSIONS Note: 2‐4" pvc Rigid Conduits to extrend through building to a gutter above existing panel. 1 2
Note: rigid conduit to go between windows and around back corner to new gutter over panel.
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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 Provisions are hereby amended to read as follows:
No amendments.
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OVERHEAD TO UNDERGROUND CONVERSION
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 32)
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 36)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 37)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 38) Filled out completely per instruction
o List of Proposed Subcontractors (Page 39)
Filled out completely per instruction
o Statement of Experience (Page 40)
o Signature of Bidder (Page 41)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page 42)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 43)
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing.
GOBBI STREET ELECTRIC SERVICE 32 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION Specification No. 22-09
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 sums:
GOBBI STREET ELECTRIC SERVICE 33 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
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.
GOBBI STREET ELECTRIC SERVICE 34 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
NAME OF BIDDER:
SPEC #: 22-09
PROJECT NAME: GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND
CONVERSION
ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1 Typical Gutter Over Panel Installation (plus Specialized Design) (Location per Table 1, Page 29, Line 1.) EA 1 $__________ $__________________ 2 Typical Gutter Over Panel Installation (plus Specialized Design) (Locations per Table 1, Page 29, Lines 2, 6, and
8.)
EA 4 $__________ $__________________
3 Typical Gutter Over Panel Installation (Locations per Table 1, Page 29, Lines 3, 4, 9, 11, 13, 14, 15, 17, 19, 20 and 21.)
EA 18 $__________ $__________________
4 Typical Gutter Over Panel Installation (plus Specialized Design) (Locations per Table 1, Page 29, Line 5.) EA 1 $__________ $__________________ 5 Typical Gutter Over Panel Installation (400 Amp CT
Disconnect) (Location per Table 1, Page 29, Line 18.) EA 1 $__________ $__________________ 6 Typical Gutter Over Panel Installation (plus Specialized Design) (Location per Table 1, Page 29, Line 7.) EA 1 $__________ $__________________ 7 Roof Repair only (Location per Table 1, Page 29, Line
10.) EA 1 $__________ $__________________
8 Typical Gutter Over Panel Installation (No Roof Repair) (Location per Table 1, Page 29, Line 12.) EA 1 $__________ $__________________ 9 (Roof Repair plus Specialized Design) (Location per
Table 1, Page 29, Line 16.) EA 1 $__________ $__________________ 10 Building Permit EA 29 $__________ $__________________ TOTAL BID ==>> $__________________
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.
GOBBI STREET ELECTRIC SERVICE 35 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
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: _____________________ 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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
GOBBI STREET ELECTRIC SERVICE 36 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO: _____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.
GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION ________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
GOBBI STREET ELECTRIC SERVICE 37 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
GOBBI STREET ELECTRIC SERVICE 38 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
GOBBI STREET ELECTRIC SERVICE 39 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-
09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.
SUBCONTRACTOR
NAME
SUBCONTRACTOR
LICENSE NUMBER
SUBCONTRACTOR
DIR
REGISTRATION
NUMBER
SUBCONTRACTOR
BUSINESS
ADDRESS
DESCRIPTION
OF WORK
GOBBI STREET ELECTRIC SERVICE 40 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
GOBBI STREET ELECTRIC SERVICE 41 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.
The names of all persons interested in the foregoing proposal as principals are as follows:
IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date .
Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.
Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________
GOBBI STREET ELECTRIC SERVICE 42 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on January 5, 2023 for GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________
GOBBI STREET ELECTRIC SERVICE 43 Spec. No. 22-09
OVERHEAD TO UNDERGROUND CONVERSION
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing GOBBI STREET ELECTRIC SERVICE OVERHEAD TO UNDERGROUND CONVERSION by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.