6 City of Ukiah Tree Management Guidelines
TREE MANAGEMENTGUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
6.5 Consultationwith a Qualified Arboricultural Professional: When planning and designing a public improvement project the City shall seek the appropriate qualified expert when the project involves or is near a tree or trees.
6.6 Pruning Standards: The latest pruning standards established by the International Society of Arboriculture shall be used in the maintenance of trees and are detailed in the ISA Best Maintenance Practice booklets. Refer to ISA BMP Tree Pruning; ISA BMP Utility Pruning of Trees. Such maintenance will include:
6.6.1 General pruning for clearance to prevent injuries and to facilitate maintenance and vehicle clearance.
6.6.2 Pruning dead, dying, and diseased sectionsto improve the health and appearance of the tree and to prevent accidents.
6.6.3 Pruning for clearance around lighting and overhead lines.
6.6.4 Pruning back for authorized passage on service roads, walkways and paths.
6.6.5 Pruning requested by a private property owner. Such requests do not obligate the Department to prune trees, shrubs, and/or vegetation. It is the responsibility of the business owner to plan their signage so that visibility is not affected by growing trees.
6.6.6 Pruning in park areasidentified as places of illegal or inappropriate activity in order to improve general visibility and increased police surveillance.
6.7 Birds and Nesting: Except in emergencies nesting birds or nests shall not be disturbed or harassed by pruning or removal activities. To avoid nesting season such activitiesshall occur between September 1st and March 31st. Fish and Game Code 3503: "It is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird..." The Migratory Birds Treaty Act of 1918 also applies.
6.8 Unnecessary Wounding: Because “topping” of trees can cause permanent damage by promoting decay, as well as unnatural, dense and weak branching structure, topping shall not be practiced or permitted except under special circumstances. Not only can a tree sustain woundsto the branches or top, it can also sustain woundsto the trunk. Therefore, these policiesshall reinforce the protection of the trunk area from wounds associated with a lawn mower or other equipment.
6.9 Hazardous Tree Management: Public health, safety and general welfare will be maintained through the use of generally accepted professional practices of evaluation and treatment to reduce risks to people and property from hazardous trees. Attention to proper selection, planting and maintenance of new trees shall also be pursued to achieve long- term risk reduction.
6.9.1 The City of Ukiah shall assess and manage the risk of tree failure within the limits of available fiscal and human resources. Priority shall be given to locations and situations with high probability of failure and high potential damage or injury that may result.
7 City of Ukiah Tree Management Guidelines
TREE MANAGEMENTGUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
6.9.2 Notwithstanding an immediate hazard to safety and/or property, the City shall utilize a written tree risk assessment methodology established by the ISA (ISA Basic Tree Risk Assessment Form or equivalent) to evaluate the likelihood that part or all of a tree will fail and cause damage and/or injury by a qualified arboricultural professional. The components of the assessmentshall include tree health,species profile,site factors, history of failures, tree defects/conditions, target assessment,risk categorization, mitigation options and recommend inspection intervals when warranted.
6.9.3 Corrective action for high hazard rated treesshall be reasonable and prudent and may include:
• Moving any at-risk structures, equipment, fixtures or recreationalsites; • Correction of the defect by pruning, cabling and bracing, or tree removal; • Closure of the area
7.1 Tree Removal: The City shall provide 72 hours of advance notice of the intended tree or trees that shall be removed by posting a sign at the work site when feasible. The sign shall contain the reason for the removal of the tree and the appropriate city department’s telephone number that the public may contact for further information. Tree removal will include:
7.1.1 Treesthat pose substantial risk or hazard to the public, adjacent properties or to public facilities.
7.1.2 Dead, dying or diseased trees.
7.1.3 Removal from properties being improved or developed under an approved design, however, prior consideration to retention shall be given whenever possible.
Preference is to retain existing healthy trees when designing any developmentrather than attemptingmitigation.
7.1.4 Treesthat block trails, drains or otherwise obstruct the use and function of infrastructureelements.
7.1.5 Trees on sitesthat were over planted by design or are crowded from natural competition. As the landscape grows, the Supervisor with consultation with a qualified expertshallselectively remove trees on a site to maintain spacing for optimal tree growth and function.
7.1.6 Removal requested by a private property owner. However,such requests do not obligate the City of Ukiah to remove or allow removal of any trees, shrubs, and/or vegetation.
7.1.7 Consideration shall be given for providing trunk and limbs for service projects such as constructing benches and picnic tables. The use of wood chips for mulching material around trees and vegetation in the parksis encouraged.
7.1.8 Any person aggrieved or impacted by a decision to remove a tree may appeal the decision during the noticing period. A letter stating the reason(s) for the
8 City of Ukiah Tree Management Guidelines
TREE MANAGEMENTGUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
appeal must be submitted to the City Clerk’s Office. An appeal automatically stops any action or non-action on the tree until the responsible Department Director has an opportunity to review and consider the appeal. When feasible, the Director will consult with the City’s Tree Advisory Committee for additional input. The Director’s decision on an appeal is the final administrative determination.
The Director’sfinal determination may be appealed to the City Council. The appeal must be filed with the City Clerk’s Office within 10 days of the Director’s determination and must be accompanied by supporting documentation from a qualified arboricultural professional using the same tree risk assessment methodology established by the ISA as detailed in Section 6.9.2.
7.2 Tree Replacement: At least one tree shall be planted for every tree that is removed from City property. Replacement tree speciesshall be selected so that overall mature canopy volume will be maintained or increased. It is preferable to plant the replacement tree in close proximity to the original tree’s location. The replacement tree may be located elsewhere, if local conditions contributed to the previoustree’sfailure (See Section 6.2). New locationsshould be found on the same site or in the same neighborhood at a location of similar or greater value. Preference shall be given for planting native trees wheneverfeasible.
7.3 ReplacementPlantings: The City shall undertake the task of replacement plantingsto mitigate the effects of vegetation removal and to reestablish the landscape and increase overall mature forest canopy. The City shall determine the species of tree to be planted on City property and the planting location. Every effortshall be made to select a species compatible with the existing tree plantings on the street, the neighborhood identity, the maturity of the trees, space available for growth, the presence of underground and overhead utility lines, utility poles, streetlights, driveway approaches and fire hydrants.
7.4 Phasing: The City of Ukiah when appropriate shall consider a phased approach to vegetation management to reduce potentialshort-term negative aesthetic and/or wildlife habitat impacts (associated with such actions).
7.5 Wildlife and Habitat: Trees and forested areas are recognized as important habitat for native wildlife and providing vital wildlife corridors. Trees, undeveloped landscapes and creeks will be managed to optimize them for wildlife habitat. Refer to the City of Ukiah Creeks Maintenance Policies and Procedures.
8.0 SUMMARY
These guidelines are set in place to enhance the urban forest within the City of Ukiah. As industry standards change in regard to tree care, this documentshall remain flexible to incorporate needed changes.
9.1 GLOSSARY OF TERMS
For additional definitions, refer to the International Society of Arboriculture Best Management Practices
9 City of Ukiah Tree Management Guidelines
TREE MANAGEMENTGUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
9.2 CommemorativeProgram Tree Program provides an opportunity for the public in celebrating an event or memorializing a loved one by the planting of a young tree or trees while improving the appearance and canopy of City parks. A tree or grove is purchased from the City of Ukiah to honor or memorialize an individual or group. Such tree(s) are identified and recorded by the City of Ukiah with the name of the tree species, dedicated individual or group and the name of the donor.
9.3 Developed landscape is property that has been graded and/or planted, and contains plantingsthat are distinct from typical native forest. These active and/or passive recreational landscape areas are routinely maintained by park staff for public use.
Developed landscapesshall include, but are not limited to: lawns, athletic fields, boulevards, golf coursesincluding pitch and putt, lawn bowling greens, play areas, squares, places, triangles, and swimming beaches.
9.4 Hazardous Tree is a tree that can be predicted to fail and has a high probability of striking people or property causing injury or damage.
9.5 Invasive exotic vegetation consists of species of plantsthat are not native to our region and exhibit aggressive growth to the exclusion of native or planted landscapes and wildlife.
9.6 Landmark Trees are individual trees that have been designated as unique because of size, historical/commemorativeassociation, and distinct form, as an outstanding specimen or are important for wildlife habit. Such trees will be given extra protection and consideration for retention. Rules and regulationsfor landmark trees are defined in the City’s Landmark Tree Program and/or DowntownZoningCode.
9.7 Topping is the removal of the terminalshoot of a tree to a stub or lateral branch that is not sufficiently large enough to assume a terminal role or cannot be expected to achieve wound closure to inhibit decay.
9.8 Tree Failure is the breaking and falling of a tree or any substantial part of a tree.
This does not include falling leaves or fruit.
9.9 Tree Root Zone is the area from the trunk to the drip line or the edge of the unpruned canopy around a mature, uninjured tree or the anticipated root zone of a young tree.
9.10 Qualified Arboricultural Professional is a tree care professional with a minimum of two years of experience in the evaluation and care of trees in combination with a professional license or certification that measures minimum competency in relevant subjects, including protection of public health,safety and welfare. Acceptable titles include Certified Arborist, Registered Consulting Arborist,Registered Professional Forester, and Landscape Architect.
9.9.1 UndevelopedLandscape is property that contains native or volunteer (selfpropagated) plants and is not intended for recreational use except along designated trails. Undeveloped landscapes are (usually) not as intensively maintained as developed landscapes.
10 City of Ukiah Tree Management Guidelines
TREE MANAGEMENTGUIDELINES AND POLICIES
FOR THE OPERATION AND MAINTENANCE OF CITY
PROPERTY
10.0 ADDITIONALRESOURCES
Additional City and other tree-related documentsthat incorporate tree guidelines are available electronically through the Intranet. The Department Directorshall provide the The International Society ofArboricultureBestManagementPracticebooklets,AmericanNationalStandards Institute related documents and Mendocino County ReLeaf materialsto their employees.
These documents are:
• Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
• Community Forest Management Plan
• Tree Protection and Enhancement Policy
• Tree Planting and MaintenanceRecommendations
• Master Tree List
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures
• Form Based Zoning Preservation Tree List
• General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004
• Landscaping and Streetscape Design Guidelines
• CommercialDevelopment Design Guidelines
• International Society of Arboriculture Best Management Practices(ISA BMP): Managing Trees DuringConstruction; Tree Pruning; Integrated Pest Management; Tree Support Systems; Utility Pruning of Trees; Tree andShrub Fertilization; TreePlanting; Tree Inventories; Integrated Vegetation Management
• AmericanNationalStandardsInstitute(ANSI):ConstructionManagementStandards • MendocinoCounty ReLeaf Tree Care Guide
• Hillside Ordinance 9135
1 Landmark Tree Program Guidelines
and Policies
November 19, 2014
1.0 PURPOSESTATEMENT
The purpose of this document is to provide policy guidelines for the preservation, maintenance and enhancement of our urban forest with particular attention to noteworthy trees or “landmark trees” as defined in Section 2.0.
The Landmark Tree Program (LTP) includes specific trees within the city limits on public property, but also extends to private property for owners who wish to participate on a voluntary basis. This program complements the Downtown Zoning Code (DZC) Designated Landmark Trees, but does not supersede the rules and regulations identified for those specific trees (UCC Section 9229.3 Table 19) detailed in the DZC.
2.0 DEFINITION
The definition for landmark trees from the Downtown Zoning Code (10.030 B Article 18 Section 10), shall be used:
Landmark trees are specific trees selected as worthy of landmark status based on one or more of the following characteristics:
1) an outstanding specimen of a species desirable to the community 2) one of the largest or oldest trees in the City of Ukiah 3) historical/commemorativeinterest
4) distinctive form and/or aesthetic appeal and/or
5) environmental value, including importance as habitat for wildlife.
3.0 BENEFITS OF THE PROGRAM
Benefits to the City of Ukiah
A LTP would help the City obtain the coveted certification, "Tree City USA" from the Arbor Day Foundation and improve grant funding opportunities. The identification and acknowledgement of landmark trees will also help the City, businesses and private owners garner support and recognition for the care and maintenance of trees which benefits the community at large.
Benefits to Property Owners
Owners will receive acknowledgement and appreciation for their effort. The City of Ukiah will provide a certificate to the participating property owner. Well-maintained trees add to property values. Trees provide shade and can reduce cooling and heating bills.
Benefits to the Community
The LTP will help maintain and expand the City’s urban forest by increasing awareness of trees and their benefits.
Neighborhoods with good tree canopies improve people’s wellbeing and reduce crime; business districts with treelined streets have increased activity.
APPENDIX C
2 4.0 POLICY GOALS
The LTP focuses on the economic, environmental, historic and aesthetic value specific trees have in the City’s urban forest. This includes trees in public areas and trees on private property where the owner voluntarily participates in the program.
The policy goals of the LTP are consistent with the following:
• City of Ukiah General Plan Open Space Conservation Element (1993): OC-22: Conserve and replenish valley oaks in the Valley; OC-23: Native plant landscaping shall be encouraged; OC-25: Maintain and enhance the City’s canopy of shade trees.
• City of Ukiah Tree Protection and Enhancement Policy, November 1993 • City of Ukiah Tree Planting and Maintenance Recommendation, November 1993 • Community Forest Management Plan, 1994
• City of Ukiah Landscaping and Streetscape Design Guidelines, 1996 • Ukiah Municipal Code, Chapter 5, Sidewalks/Street Trees. Article 2. Street Tree Policy Purpose and Intent) • Tree Management Guidelines, December 1, 2010
• City of Ukiah Downtown Zoning Code, 2012
5.0 ADMINISTRATION
DEPARTMENTS AND RESPONSIBILITIES
5.1 Community Services Department
5.2 Public Works Department
5.3 Electric Utility Department
5.4 Planning and Community Development Department
5.5 Ukiah Municipal Airport
The department directors shall be responsible for the implementation of the LTP and all staff and contractors shall be trained in and shall abide by these guidelines and policies outlined in this document.
City Council shall approve any significant amendments or changes to the LTP proposed by staff and/or community partners before they are adopted.
5.1 The City Manager or designee is the primary administrator of the program. However, directors of the departments are responsible for the preservation, care and maintenance of trees in the public and private sphere as follows:
5.1.1 Community Services Department is responsible for all trees in public parks.
5.1.2 Public Works Department is responsible for all trees in the public right of way, creeks and drainages including wetlands.
5.1.3 Electric Utility Department is responsible for the trimming of trees to maintain clearance from primary electric lines and facilities.
5.1.4 Planning and Community Development Department is responsible for the oversight of all trees and landscaping plans filed by the applicant.
5.1.5 The Airport Manager is responsible for all trees on Airport property.
3 5.2 Partnerships: Volunteers and/or community groups (i.e. Mendocino ReLeaf and Tree Advisory Group) shall be important partners to achieve the objectives of urban forestry.
6.1 PROCEDURES
For a specific tree, grouping of trees or grove for enrollment in the LTP requires the completion of a nomination form signed by the nominee/property owner. Nomination forms are reviewed by the Tree Advisory Group and then forwarded with written recommendation to the City Manager or designee for review and then to the City Clerk for the City Council consent calendar.
6.2 City staff and the public are encouraged to nominate specific trees for inclusion in the LTP by completing a nomination form. Electronic nomination forms are available on the City’s website or can be obtained from the City Clerk.
The nomination form requires a submitted photo of the tree. Information shall include the following: name of parcel owner; address; email address, if applicable; specimen; location map or illustration; reason(s) why tree(s) should be preserved. All nominations shall be submitted to the Tree Advisory Group for a recommendation. The recommendation is then forwarded to the City Council for consideration and/or adoption.
6.3 A listed landmark tree will be recorded by the City of Ukiah, identified on a map with location and description (i.e. Google Earth) and added to the City’s website.
6.4 Partners from Mendocino ReLeaf and/or Tree Advisory Group will provide an annual docent led walking tour and/or provide a self-guided brochure for interested parties.
6.5 Staff will provide notification of the LTP activity by mailing an announcement of the annual walking tour. Notification will occur at least a month prior to the tour (i.e. City of Ukiah RecreationGuide,monthlyutilitybill)
6.6 An annual press release to local media about the purpose of the program, number of participants, location of the tree (with participant’s permission), species and a website link for recruiting future participants.
7.0 PROTECTION
All participants including the City, a business or homeowner enrolled in the program agree to maintain and care for their tree responsibly and will receive a letter of acceptance. Suggestions for healthy tree care are outlined in the Tree Management Guidelines and may be obtained electronically.
Person or persons shall be prohibited from damaging a landmark tree through excessive watering or pruning or root compaction/destruction. Extra care shall be employed to protect landmark trees during construction (see the Tree Management Guidelines, Section 3.0).
All requests for tree removal or withdrawing from the LTP shall be in writing and submitted to the City Council and thereby forwarded to the Tree Advisory Group which will then forward a written recommendation to the City Council.
A ten (10) day noticing period of the item appearing on the City Council’s agenda is required. The placement of the notice will be posted at the nearest public boundary line located closest to the tree(s).
4 Circumstances not requiring City Council approval for tree removal are as follows:
1) due to emergency situations and/or
2) traffic visibility obstructions and/or
3) public utility damage and/or
4) damage to the building foundation.
9.1 SUMMARY
The City of Ukiah intends that the guidelines and procedures of the Landmark Tree Program shall remain in effect, however, they are subject to change based upon arboricultural standards, community input and staff recommendations. Suggestions for changes to this document must be submitted in writing to the City Manager or designee. Changes will then be discussed with community partners and staff with recommendations and forwarded to the City Council for approval.
10.0 ADDITIONALRESOURCES
Additional City and other tree-related documents that incorporate tree guidelines are available electronically through the Intranet/Internet. These documents are:
• Municipal Code Article 2, Chapter 5, Number 5420 Street Tree Policy, Purpose and Intent (Ordinance 869, adopted 1987)
• Community Forest Management Plan
• Tree Protection and Enhancement Policy
• Tree Planting and Maintenance Recommendations
• Master Tree List, 2012
• Tree Management Guidelines, 2010
• Integrated Pest Management Plan, Community Service Department • Creek Maintenance Policies & Procedures, 2009
• Downtown Zoning Code Landmark Tree Program and Preservation Tree List, 2012 • General Plan, Open Space and Conservation Element, adopted 12/6/1995; amended 6/16/2004 • Landscaping and Streetscape Design Guidelines
• Commercial Development Design Guidelines
• International Society of Arboricultural Best Management Practices(ISA BMP): Managing Trees DuringConstruction;TreePruning;IntegratedPestManagement;TreeSupportSystems;Utility PruningofTrees;TreeandShrubFertilization;TreePlanting;TreeInventories;Integrated Vegetation Management
• AmericanNationalStandardsInstitute(ANSI):ConstructionManagementStandards • Mendocino County ReLeaf Tree Care Guide
• Hillside Ordinance 9135
5 Landmark Tree Program (LTP)
Landmark Tree Program Listings
PublicProperty
• Valley Oak, Quercus lobata, [#1], Observatory Park
• Redwoods, Sequoia semper virens, [#9], City Hall and Clay St (historic Campfire Girls beautification project in 1930s)
• Valley Oak, Quercus lobata, [#1], City Hall, 300 Seminary Ave • Valley Oak, Quercus lobata, [#1], Hudson Carpenter Park, N Main St • White Oak, Quercus, [#1], Todd Grove Park, northwest end between stage and picnic tables • American Persimmon grove, Diospyros virginiana, Carpenter Hudson park, S Main St PrivateProperty
• Black Oak, Quercus kelloggii , [#1], 1033 W Standley St • Bay Laurel, Umbellularia californica, [#1], 304 Hortense St Other Trees with Special Designations
Landmark Trees within DZC Boundary
Downtown Zoning Code Tree Landmark Tree List, Adopted by the City Council on August 1, 2012. These trees are subject to the rules and regulations detailed in the Downtown Zoning Code and not the guidelines and policies detailed in this document.
• Valley Oak, Quercus lobata, [#6], 225 E Perkins St
• Coast Redwood, Sequoia sempervirens, [#4], 410 E Perkins St • Coast Redwood, Sequoia sempervirens, [#11], E Perkins St at Pear Tree Ctr • Lebanon Cedar, Cedrus libani, [#2], E Perkins St at Pear Tree Ctr • Valley Oak, Quercus lobata, [#2], 324 N Main St
• Valley Oak, Quercus lobata, [#1], 320 Main St
• Coast Redwood, Sequoia sempervirens, [#1], 220 Mason St • Coast Redwood, Sequoia sempervirens, [#1], 100 block of Norton St, • Canyon Live Oak, Quercus chrysolepis, [#1], 400 block N School St, east side in parking lot • Coast Redwood, Sequoia sempervirens, [#1], 400 block N School St, eastside in parking lot • Valley Oak, Quercus lobata, [#2], 400 block N School St parking lot, eastside in parking lot • Interior Live Oak, Quercus wislizanli, [#2], 400 block N School, east side in parking lot • Coast Redwood, Sequoia sempervirens, [#6], @ 216 W Henry St, (Foundation for Medical Society) • Cork Oak, Quercus suber, [#1], 107 S Oak St, (Saturday Afternoon Club) • Coast Redwood, Sequoia sempervirens, [#2], 107 S Oak St (Saturday Afternoon Club) • Coast Redwood, Sequoia sempervirens, [#1], 108 S Oak St • Coast Redwood, Sequoia sempervirens, [#2], 265 Clay St • Riparian trees within the Gibson Creek corridor; [#], Perkins St to Leslie St (includes: Willows, salix varieties; Cottonwoods; Black Walnut; Interior Live Oak, Quercus wislizanli, Black Oak; Valley Oak, Quercuslobata) • Dawn Redwood, Metasequoia glyptosroboides, [#2], Corner of Standley and School St, in front of courthouse
• Oak, Quercus, [#1], N State St, in front of courthouse • Tulip Magnolia, Magnolia soulangiana, [#2], N State St, southeast corner in front of courthouse • Southern Magnolia, Magnolia grandiflora, [#2], N State St, in front of courthouse
Benefits
Certificate of Recognition presented to owner
Landmark Tree designation for the life of the tree
Well maintained trees add to property value Trees provide shade and can reduce cooling and heating bills
Nomination form
Site map of tree location
Picture of the tree(s)
Brochures, newspaper clippings, or other supportive
documentation
Historical data or other significant information
related to the tree
Property owner consent
Submit Completed Nomination
City of Ukiah
Community Services Department
411 West Clay Street
Ukiah, California 95482
Attention: Landmark Tree Program
(707) 463-6231
Check List
Tree
Program
(707) 463-6231
www.cityofukiah.com
Property Owner Consent
Property Owner Name
Address
City, State Zip
Home Phone
Email
I hereby authorize the City of Ukiah and/or their agents the right to enter onto my property to view a tree
being submitted for nomination. I hereby give my
consent to allow the public the opportunity to view the nominated tree on my property from the public street
right‐of‐way if Landmark Tree status is obtained.
Property Owner Signature
Date
City of Ukiah Tree Advisory Group
Landmark Tree Program
The Landmark Tree Program was created by the Tree Advisory Group of the City of Ukiah to identify remarkable trees within Ukiah.
The program accepts trees that are outstanding specimens; are the largest or oldest in the city; have historic interest; have distinctive form or aesthetic appeal; have environmental value.
The Landmark Tree Program includes specific trees within the city limits on public property but also extends to private property for owners who wish to participate on a voluntary basis.
Highlight and justify the specific reason(s) you think the tree is significant. Include any documents like newspaper clippings , brochures or other historical documentation.
Significance of Tree/Grove
Nomination Form
TREE LOCATION
Please include map of property and photo
COMMON NAME OF TREE
TREE CATEGORY Specimen Size/Age Historic Interest Aesthetic Appeal Environmental Value Pick all that apply. If other, please explain.
Nominator Date Submitted
Address
Home Phone Cell Phone Email
Tree Owner Name
(if different than nominator)
Address
Home Phone Cell Phone Email
The City of Ukiah
hereby presents this certificate to
For (name of tree)
Selected as a 201X Ukiah Landmark Tree
XXXXXX
Mayor
Linda Sanders
Tree Advisory Group Coordinator
City of Ukiah Electric Utility
Time Card for Contract Work
Firm____________________ Date__________
Location________________ Contractors Job No._______
Crew Members Names ID Card
Carriers
S M T W T F S
Comments:
APPENDIX D
1 Kristine Lawler
Subject: 8a and 14b Correspondence Received - Eileen Mitro ‐‐‐‐‐Original Message‐‐‐‐‐
From: Eileen Mitro <climateacƟ[email protected]>
Sent: Wednesday, August 2, 2023 10:23 AM
To: KrisƟne Lawler <[email protected]>
Subject: Comments to City Council Members
Hi KrisƟne,
I just have a couple of comments for the City Council for tonight’s meeƟng.
On Item 8a:
Please be especially judicious about the tree trimming in our City of Trees. I well understand the need to prune trees near power lines. It appears that the parameters of this work take care to tend the trees and encourage healthy growth.
I affirm that and hope that only severely diseased or dead trees are removed. Thank you.
On Item 14b:
We have been asking the City of Ukiah to divest from fossil fuel investments for several years. As I understand it those investments are not yielding good returns. Also climate catastrophes are happening with alarming frequently in the country and around the world. Fossil fuel companies acted irresponsibly decades ago causing inacƟon on reducing emissions. SupporƟng their operaƟon is contrary to good stewardship of the planet and our livability in the future.
Eileen Mitro
Climate AcƟon Mendocino
Agenda Item No: 8.b.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2905
AGENDA SUMMARY REPORT
SUBJECT: Adopt a Resolution Approving a Side Letter Agreement to the Current Memorandum of Understanding Between the City of Ukiah and the Ukiah Police Officers Association, and Authorize the City Manager to Execute.
DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager, Cedric Crook, Police Chief PRESENTER: Sheri Mannion, Human Resources Director
ATTACHMENTS:
1. Resolution to Approve Side Letter between COU and UPOA Summary: Council will consider adopting a Resolution approving a Side Letter Agreement to the current Memorandum of Understanding (MOU) between the City of Ukiah and Ukiah Police Officers Association (UPOA), and authorize the City Manager to execute on behalf of the City.
Background: As part of the overall routine maintenance of the classification and compensation schedules for the City of Ukiah, the Human Resources Department is responsible for evaluating classifications, developing new classifications (including appropriate salary levels), examining salary grade adjustments, and making recommendations for additions, modifications, and corrections to classifications and Memoranda of Understaning provisions.
The current Memorandum of Understanding (MOU) between the City of Ukiah and Ukiah Police Officers Association (UPOA) is in effect until September 18, 2025. During a recent meeting with UPOA members, the City Manager became aware of a couple of MOU provisions that need to be modified in order to meet the original intent of the current MOU.
Discussion: During the 2022 negotiation cycle, the City and UPOA incorporated a provision for unit members to receive Shift Differential Pay incentive for cover and night shifts. At the time this incentive was developed, the department had only one assigned coverage shift from 3:00 p.m. to 3:00 a.m. to cover periods of high call volumes. Since then, the department determined that the first half of the week, Sunday through Wednesday, would be better served with a shift beginning at 11:00 a.m. and ending at 11:00 p.m. due to a lower call volume after 11:00 p.m. on those days. The current MOU provision provides for unit members to receive incentive pay when their shift starts at 3:00 p.m.or after. The intent of this incentive was to include the officer working the cover shift. Therefore, the MOU will be amended to include regularly scheduled shifts beginning at 11:00 a.m.
Additionally, the City and UPOA agreed to add Specialty Pay for unit members who are designated as Traffic Officer. Currently, unit members who are designated as Field Training Officers and Detectives receive 5% of base pay for those specialty assignments. This position will receive the same 5% incentive and work varying hours and days of the week for specific traffic enforcement, including call outs for significant traffic collisions.
The City received notice that UPOA is in agreement with the side letter at a level consistent with City Council provided authorization. The remaining substantive provisions of the current MOU remain in effect. A budget amendment is not necessary; ongoing vacant police officer positions will offset any additional costs in FY
2023/2024.
Staff recommends that Council adopt a Resolution (Attachment 1) approving the Side Letter Agreement (Attachment 1, Exhibit A) with UPOA and authorizing the City Manager to execute on behalf of the City.
Recommended Action: Adopt a Resolution approving a Side Letter Agreement to the current Memorandum of Understanding between the City of Ukiah and the Ukiah Police Officers Association, and authorize the City Manager to execute.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 10020210
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Cedric Crook, Police Chief
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A
CITY OF UKIAH
RESOLUTION NO. [2023-XX]
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF UKIAH AND UKIAH
POLICE OFFICERS ASSOCIATION
WHEREAS, the Memorandum of Understanding (MOU) is the collective bargaining agreement between the City of Ukiah and Ukiah Police Officers Association (UPOA); and WHEREAS, the current MOU between the City of Ukiah and UPOA is effective September 19, 2022 through September 18, 2025; and
WHEREAS, the Employee/Employer Relations Officer and Human Resources Director have met and conferred in good faith with representatives UPOA, and have reached a Side Letter Agreement; and
WHEREAS, said Side Letter Agreement has been presented to the City Council for its consideration at its regular meeting on August 2, 2023; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that:
1. An amendment to the MOU with UPOA is hereby approved, a copy of said amendment entitled “Side Letter Agreement to the MOU between the City of Ukiah and Ukiah Police Officers Association” is attached hereto, marked Exhibit A, and incorporated herein by reference.
2. The Resolution shall become effective August 2, 2023.
PASSED AND ADOPTED this 2
nd day of August, 2023 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN: _______________________________
Mayor Rodin
ATTEST:
________________________________
Kristine Lawler, City Clerk
Attachment 1
SIDE LETTER OF AGREEMENT
Between
The City of Ukiah
And
The Ukiah Police Officers Association
This Side Letter of Agreement (“Agreement”) is entered into by and between the City of Ukiah (“City”) and the Ukiah Police Officers Association (“Association”) (collectively referred to as “Parties”). Having met and conferred in accordance with Government Code section 3500, et. seq., the City and the Association agree to amend, add to and clarify the Parties’ current Memorandum of Understanding (“MOU”) as follows:
1. Article 13. Special Pays – G. Traffic Officer Pay
The City agrees to pay 5% of base salary to Police Unit positions formally assigned Traffic Officer.
2. Article 14. Miscellaneous Provisions – S. Shift Differential Employees whose regularly scheduled work shift begins at 11:00 AM or later, and ends no later than 7:00 AM the following day, will receive a shift differential of two dollars ($2.00) per hour for each hour actually worked.
The Parties agree that this shift differential is special compensation per Title 2 of the California Code of Regulations, section 571 and 571.1.
3. This Agreement supersedes any provisions or language in previous policies, the Parties’ current MOU and/or other documents that may conflict with the terms of this Agreement.
The term of this Agreement shall be as specified in the MOU.
CITY OF UKIAH UKIAH POLICE OFFICERS ASSOCIATION
______________________________ _____________________________________ Sage Sangiacomo, City Manager Max Brazill, UPOA President Exhibit A
Agenda Item No: 8.c.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2906
AGENDA SUMMARY REPORT
SUBJECT: Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the Amount of $71,514.32.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. RFB - E40150
2. Bid Tab - E40150
Summary: Council will consider approving the purchase a new portable concrete mixer from Cart-Away Concrete Systems, Inc in the amount of $71,514.32.
Background: Street Maintenance Staff use concrete to perform day to day maintenance activities such as pouring pads, sidewalk repair, main repairs, as well as assisting other City departments like the Electric Utility Department when removing or placing electric poles on the city sidewalk.
A portable concrete mixer will allow City Staff to tackle jobs more efficiently by mixing larger amounts of concrete quicker as well as saving costs by not having to hire a short load of concrete delivered for jobs that are larger. It is Staff's intent to rapidly address failing concrete that, up to this point, hasn’t had an efficient solution for repair.
Discussion: Staff requested quotes from vendors for a CMK-175 Cubic Yard MixKing Mixing Trailer and CLP200 LoadPro or equivalent. See Attachment 1 for a copy of the bid request. Two bids were received. See Attachment 2 for a copy of the bid tabulation.
While Cart-Away’s proposed option is $1,088.53 more expensive, Staff determined it as the superior tool for the job. The Fleet Maintenance Supervisor and Streets Supervisor noted the addition of disc brakes, nonchain driven concrete chute and Honda engine provided a more reliable and well-rounded machine. $70,000 was budgeted in the 2023/2024 Fiscal Year. An internal transfer from streets maintenance supplies in the amount of $1,514.32 will be made to make up for the minor budget difference. No budget amendments are needed.
Recommended Action: Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the amount of $71,514.32
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10024620.80100.TBD - $71,514.32 (with internal transfer) PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:
COORDINATED WITH: David Mendez, Buyer II, Dave Kirch, Maintenance Supervisor, Don Brown, Streets Supervisor, Mary Horger, Financial Services Manager and Tim Eriksen, Director of Public Works
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
DATE: 7/12/2023
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E40150 herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by: 1:30 p.m., JULY 17th , 2023
(Company Name AT THE OFFICE OF THE BUYER II
& Address) 1320 AIRPORT ROAD. CITY of UKIAH
BY: Dave Mendez
Email: [email protected]
BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS:
QUANTITY LEAD TIME UNIT PRICE
1 1
1 PortaWash- On board water system (electric start engine included) An optional feature that adds water onto a concrete mixer 1 Concrete Discharge Chute
Includes all mounting hardware for a 4 foot chute used to asist in the discharging of wet concrete
1 Cone Holder
Cone Holding Stand for Traffic Safety Cones
1 Hour Meter - Gas
Digital Hour Meter for your gasoline engine. Great way to manage Maintenance of the engine
1 Optional 2-5/6" Bulldog Coupler
2-5/196" Bulldog Coupler to Replacethe Standard Pintle Ring 1 Disc Hydraulic Brakes - CMK
Keep the simplicity of Hydraulic Braes and remove the difficult maintenance of drum brakes. Add a disc brake option to your mixing trailer.
1 EVP
Enhanced Visability Package. Adds front LED marker lights, rear LED marker lights, LED brake lights, and conspicuity tape.
Great for added roadside visibility in day or night conditions.
AS PER SPECS ON E40150 OR EQUAL.
FOB TO: CITY OF UKIAH Tax (8.875 %):
1320 Airport Road, Ukiah Ca. 95482 Shipping:
TOTAL:
Payment Terms: N30
PORTABLE CEMENT MIXER AND ADDITIONAL OPTIONS
DESCRIPTION EXTENDED PRICE
REQUEST FOR BID
UKIAH, CALIFORNIA 95482
P: (707) 467-5774, F: (707) 313-3831
300 SEMINARY AVENUE
PAGE 1 OF 1
1.75 Yard Capacity• Honda Powered• Heavy Duty Gearbox•
GearSaver Hydraulic Operational Controls• Adjustable Tongue Height• Pintle Ring Coupler• 4-Wheel Hydraulic Surge Brakes• Black TandemFlex TPO Fenders• Powdercoated Standard BR
Green Frame with Light Grey Drum• 1 Year Warranty
Two Yard Free Flow Loading Hopper• Digital Water Meter• Coated Standard BR Green• 1 Year Warranty
ALL BIDS SHALL BE F.O.B. UKIAH, CA.
ATTACHMENT 1
1. LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor.
2. Right is reserved to reject any and all bids.
3. Right is reserved to accept separate items unless specifically denied by bidder.
4. Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.
5. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs.
6. The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.
7. In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB.
8. Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above.
TERMS:
SIGNATURE:
PRINT NAME:
DATE:
PHONE:
LEAD TIME ARO :
EMAIL:
ITEM # ITEM DESCRIPTION QTY
UNIT TOTAL UNIT TOTAL
PORTABLE CEMENT MIXER & ADDITIONAL
OPTIONS
1 1.75 YARD CAPACITY PORTABLE CEMENT
MIXER AS SPECIFICAITON E40150
1 1.00 $ 64,685.00 1.00 $ 63,204.89
SUBTOTAL $ 64,685.00 $ 63,204.89
TAX 5740.79375 $ 5,609.43
FREIGHT $ 2,700.00
GRAND TOTAL $ 70,425.79 $ 71,514.32
Bid Tabulation
E40150
Right MFG Systems Inc.
(GSA Advantage)
Cart-Away Concrete GSA #
(GS-30F-0003T)
ATTACHMENT 2
Agenda Item No: 8.d.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2907
AGENDA SUMMARY REPORT
SUBJECT: Notification of Change Order #2 to Ghilotti Construction Co. in the Amount of $132,511.91 for the Clara Avenue Reconstruction Project, and Approval of Corresponding Budget Amendment.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. Plans and Specifications
2. CCO 2
Summary: Council will be notified of Change Order #2 work in the amount of $132,511.91 to Ghilotti Construction Company for construction services related to the Clara Avenue Reconstruction Project Background: The City Council awarded the construction contract for the replacement of water and sewer utilities as well as the reconstruction of the asphalt and construction of missing sections of sidewalk on Clara Avenue. See Attachment 1.
Discussion: This change order (Attachment 2) is required for the additional expenses incurred for the reinforcement of the asphalt using Forti-Fi Fiber to strengthen the pavement due to the presence of very poor subgrade that would have been much more costly to excavate and backfill with base rock.
A portion ($56,277.55) of the contract amendment is for the implementation of six speed cushions along Clara Avenue upon coordination with the Complete Streets Ad-Hoc. These speed cushions will deter speeding while still allowing for efficient passage by emergency vehicles.
Recommended Action: Receive notification of Change Order #2 to Ghilotti Construction Co. in the amount of $132,511.91 for the Clara Avenue Reconstruction Project, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 2524220.80230.18184: $0
PROPOSED BUDGET AMOUNT: 2524220.80230.18184: $132,511.91 FINANCING SOURCE: 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-090
COORDINATED WITH: Andrew Stricklin, Senior Engineer, and Tim Eriksen,Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles.
GENERAL PLAN ELEMENTS (GP): GP-A3 - Mobility Element
Attachment 1
DETAIL AND SECTION CALLOUTS
CONSTRUCTION NOTE DESIGNATIONS
GENERAL NOTES
ABBREVIATIONS
LEGEND
SURVEY CONTROL POINTS
CLARA AVENUE Coastland Civil Engineering, Inc.
APRIL 2020 2 31NOTES & SURVEY CONTROL ABBREVIATIONS, LEGEND, GENERAL SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
MATCH LINE - STA. 13+00 SEE SHEET NO. 4
CLARA AVENUE
CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 3 31STA. 10+00 TO STA. 13+00 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT NORTH STATE STREET PROFILE MATCH LINE - STA. 13+00 SEE SHEET NO. 4
CONTROL LINE POINT DATA
CLARA AVENUE MATCH LINE - STA. 13+00 SEE SHEET NO. 3 MATCH LINE - STA. 16+75 SEE SHEET NO. 5 CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 4 31STA. 13+00 TO STA. 16+75 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT PROFILE MATCH LINE - STA. 13+00 SEE SHEET NO. 3 MATCH LINE - STA. 16+75 SEE SHEET NO. 5
CLARA AVENUE MATCH LINE - STA. 16+75 SEE SHEET NO. 4 MATCH LINE - STA. 20+50 SEE SHEET NO. 6 CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 5 31STA. 16+75 TO STA. 20+50 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT MASON STREET PROFILE MATCH LINE - STA. 16+75 SEE SHEET NO. 4PROFILE MATCH LINE - STA. 20+50 SEE SHEET NO. 6
CONTROL LINE POINT DATA
CLARA AVENUE MATCH LINE - STA. 20+50 SEE SHEET NO. 5 MATCH LINE - STA. 24+25 SEE SHEET NO. 7 CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 6 31STA. 20+50 TO STA. 24+25 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
JOSEPH
STREET
PROFILE MATCH LINE - STA. 20+50 SEE SHEET NO. 5 MATCH LINE - STA. 24+25 SEE SHEET NO. 7
CONTROL LINE POINT DATA
CLARA AVENUE MATCH LINE - STA. 24+25 SEE SHEET NO. 6 MATCH LINE - STA. 28+25 SEE SHEET NO. 8 CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 7 31STA. 24+25 TO STA. 28+25 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
HAMILTON
STREET
MYRON
PLACE
PROFILE MATCH LINE - STA. 24+25 SEE SHEET NO. 6 MATCH LINE - STA. 28+25 SEE SHEET NO. 8
CONTROL LINE POINT DATA
CLARA AVENUE MATCH LINE - STA. 28+25 SEE SHEET NO. 7 MATCH LINE - STA. 32+25 SEE SHEET NO. 9 CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 8 31STA. 28+25 TO STA. 32+25 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT SIDNIE STREET PROFILE MATCH LINE - STA. 28+25 SEE SHEET NO. 7 MATCH LINE - STA. 32+25 SEE SHEET NO. 9
CONTROL LINE POINT DATA
CLARA AVENUE MATCH LINE - STA. 32+25 SEE SHEET NO. 8
CONSTRUCTION NOTES Coastland Civil Engineering, Inc.
APRIL 2020 9 31STA. 32+25 TO STA. 36+50 PLAN & PROFILE SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT NORTH ORCHARD AVENUE PROFILE MATCH LINE - STA. 32+25 SEE SHEET NO. 8
CONTROL LINE CURVE DATA
∆ =
∆ =
∆ =
∆ =
∆ =
∆ =
∆ =
∆ =
CONTROL LINE POINT DATA
LEGEND MATCH LINE - STA. 14+50 SEE ABOVE RIGHT MATCH LINE - STA. 14+50 SEE BELOW LEFT MATCH LINE - STA. 19+75 SEE SHEET NO. 11 CONSTRUCTION NOTES - Coastland Civil Engineering, Inc.
APRIL 2020
10 31STA. 10+00 TO STA. 19+75 STRIPING & RECONSTRUCTION PLAN SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT NORTH STATE STREET MASON STREET
LEGEND MATCH LINE - STA. 24+50 SEE ABOVE RIGHT MATCH LINE - STA. 28+75 SEE SHEET NO. 12 MATCH LINE - STA. 19+75 SEE SHEET NO. 10 CONSTRUCTION NOTES - Coastland Civil Engineering, Inc.
APRIL 2020
11 31STA. 19+75 TO STA. 28+75 STRIPING & RECONSTRUCTION PLAN SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT MATCH LINE - STA. 24+50 SEE BELOW LEFT
HAMILTON
STREET
MYRON
PLACE
JOSEPH
STREET
LEGEND MATCH LINE - STA. 28+75 SEE SHEET NO. 11
CONSTRUCTION NOTES - Coastland Civil Engineering, Inc.
APRIL 2020
12 31STA. 28+75 TO STA. 36+00 STRIPING & RECONSTRUCTION PLAN SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT MATCH LINE - STA. 32+50 BELOW LEFT MATCH LINE - STA. 32+50 SEE ABOVE RIGHT -1
EDGE GRINDING AT LIP OF
GUTTER FOR OVERLAY
CROSSWALK BAR DETAIL2- SIDNIE STREET NORTH ORCHARD AVENUE
-1 Coastland Civil Engineering, Inc.
APRIL 2020
13 31BULBOUT DETAILS N. STATE ST. AND MYRON PL. SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT -2
-1 Coastland Civil Engineering, Inc.
APRIL 2020
14 31BULBOUT DETAILS MASON STREET SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
-1 -2 -3 Coastland Civil Engineering, Inc.
APRIL 2020
15 31BULBOUT DETAILS SIDNIE ST. SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
Coastland Civil Engineering, Inc.
APRIL 2020
16 31DETAILS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
TYPICAL PAVEMENT RECONSTRUCTION SECTION
-2
MANHOLE
WATER VALVE
MONUMENT SEWER CLEANOUT
5 -
TYPICAL PAVEMENT RECONSTRUCTION SECTION
-3
TYPICAL PAVEMENT RECONSTRUCTION SECTION
-1
18" CURB, GUTTER & CONFORM DETAIL8
-
SIDEWALK 7
-
MEDIAN CURB & ISLAND9
-
4 - CURB, GUTTER & SIDEWALK DETAIL
8 - 7
-
8 - 6
-
BLIND CONNECTION DETAIL10
-
TYPICAL OVERLAY SECTION
-12
MAILBOX INSTALLATION DETAIL
-11
Coastland Civil Engineering, Inc.
APRIL 2020
17 31DETAILS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT " " " " A A B B SIDEWALK, CURB & GUTTER DOWEL DETAIL4-
NOTES:
SECTION A-A
PLAN -5
SIDEWALK WARP DETAIL 1-
PROFILE TYPICAL SECTION
PLAN VIEW TYPICAL SECTION - PAVING STONE DETAIL 2 3-
SECTION A-A
NOTE: LEGEND
TYP. CROSS-GUTTER PLAN DETAIL "A"
AC DRIVEWAY DETAIL 6 DRIVEWAY CONFORM DETAIL - GRAVEL DRIVEWAY DETAIL
PCC DRIVEWAY DETAIL
Coastland Civil Engineering, Inc.
APRIL 2020
18 31DETAILS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352 CLARA AVENUE RECONSTRUCTION PROJECT
10" DIAMETER PIPE AND SMALLER
NOTES: 1- ABANDONED PIPE PLUG DETAIL
NOTES:
TYPICAL CONCRETE ANCHOR BLOCK FOR
SECTION "A-A" ELEVATION
VERTICAL BEND
NOTES:
ELEVATION
PLAN
NOTES: 2- WATER MAIN LOWERING DETAIL 3- TYPICAL CONCRETE ANCHOR BLOCK FOR COMBINATION HORIZONTAL-VERTICAL BEND 4- TEMPORARY BLOWOFF 3- 5- 5- CONCRETE THRUST BLOCK TYPICAL CONC. BLOCKING
SHOWN IN PERSPECTIVE
NOTES:
BEND
TEE
OFFSET 5-
NOTES: 7-
INSIDE DROP INLET SANITARY SEWER MANHOLE
TYPICAL PIPE JOINT AND INSULATOR
TYPICAL DIRT STOP DETAIL
SECTION "A-A"
UTILITY ENCASEMENT DETAIL 6-
Coastland Civil Engineering, Inc.
APRIL 2020
19 31STA. 10+25 TO STA. 12+75 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES 10+25
10+50
10+75
11+00
11+25
11+50
11+75
12+00
12+25
12+50
11+85.64 12+75
CROSS SECTION SCALES Coastland Civil Engineering, Inc.
APRIL 2020
20 31STA. 12+94.27TO STA. 15+00 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
13+00
13+25
13+50
13+75
14+00
14+25
14+50
14+75
15+00
12+94.27 13+60.01 14+36.35
CROSS SECTION SCALES Coastland Civil Engineering, Inc.
APRIL 2020
21 31STA. 15+17.03 TO STA. 17+16.36 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
15+25
15+50
15+75
16+00
16+25
16+50
16+75
17+00
15+17.03
15+44.40
15+95.24
17+16.36
CROSS SECTION SCALES Coastland Civil Engineering, Inc.
APRIL 2020
22 31STA. 17+25 TO STA. 18+25 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
17+25
17+50
17+75
18+00
18+25
17+68
Coastland Civil Engineering, Inc.
APRIL 2020
23 31STA. 18+50 TO STA. 20+89.64 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
18+50
18+75
19+00
19+25
19+50
19+75
20+00
20+25
20+50
19+86.34 20+75
20+89.60
Coastland Civil Engineering, Inc.
APRIL 2020
24 31STA. 21+00 TO STA. 23+25 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
21+00
21+25
21+50
21+75
22+00
22+25
22+50
22+75
23+00
23+25
21+11.28
21+69
Coastland Civil Engineering, Inc.
APRIL 2020
25 31STA. 23+50 TO STA. 25+83.48 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
23+50
23+75
24+00
24+25
24+50
24+75
25+00
25+25
25+50
25+75
25+67.46
25+83.46
Coastland Civil Engineering, Inc.
APRIL 2020
26 31STA. 26+00 TO STA. 28+25 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
26+00
26+25
26+50
26+75
27+00
27+25
27+50
27+75
28+00
27+66.03 28+25
27+87.52
Coastland Civil Engineering, Inc.
APRIL 2020
27 31STA. 28+50 TO STA. 30+50 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
28+50
28+75
29+00
29+25
29+50
29+75
30+00
30+25
30+50
28+92.80
29+12.94
29+38.66
Coastland Civil Engineering, Inc.
APRIL 2020
28 31STA. 30+75 TO STA. 32+96.65 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
30+75
31+00
31+25
31+50
31+75
32+00
32+25
32+50
32+75
32+80.51
31+40.28 32+96.65
Coastland Civil Engineering, Inc.
APRIL 2020
29 31STA. 33+00 TO STA. 34+25 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
33+00
33+12.79
33+25
33+32.48
33+50
33+52.17
33+67.41
33+75
33+82.65
34+00
34+11.56
34+25
Coastland Civil Engineering, Inc.
APRIL 2020
30 31STA. 34+40.46 TO STA. 35+50 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
34+40.46
34+50
34+53.72
34+66.98
34+75
34+80.52
34+94.06
35+00
35+06.30
35+18.54
35+25
35+50
Coastland Civil Engineering, Inc.
APRIL 2020
31 31STA. 35+75 TO STA. 36+25 CROSS SECTIONS SPECIFICATION NO. 20-08 CLARA AVENUE RECONSTRUCTION PROJECT 29-4352
CROSS SECTION SCALES
35+75
36+00
36+25
Attachment 2
Agenda Item No: 8.e.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2908
AGENDA SUMMARY REPORT
SUBJECT: Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Director of Public Works
ATTACHMENTS:
1. 2022-LPP Staff Recommendations
2. 212351_Perkins(ASR02)
Summary: Council will consider approving contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment.
Background: City Staff prepared and submitted a grant application for partial funding of the reconstruction of Gobbi Street, Main Street and Perkins Street. These projects will consist of utility replacement on Gobbi and Main streets with pedestrian, cyclist, and ADA improvements on all three streets. These three projects were originally envisioned, designed and budgeted to occur during separate construction seasons and were originally funded with Series 2022 Lease Revenue Bonds.
Staff was notified on June 8 that the California Transportation Commission approved the City’s application and $6,074,000.00 was awarded for this project, now to be called the Urban Core Rehabilitation and Transportation Project (UCRTP). This amount accounts for 43.3% of the total project cost. Due to the competitive nature of the grant, it was determined that the City putting up 57.7% of the project costs rather than the minimum 50% would give the City's application an advantage over other jurisdictions and municipalities. See Attachment 1 for award letter. Due to the nature of the grant, this project must be awarded before the end of December 2023 and engineering work must begin immediately.
Discussion: BKF Engineers is responsible for the plans and specifications for the Gobbi Street Project and Perkins Street Project and Coastland Civil Engineers completed the Main Street Project. As BKF designed two of the three projects, they are a natural fit to bring them together. See Attachment 2 for a copy of their proposal. This amendment is meant to provide for the additional engineering and planning services needed to combine all three of these projects into one package that can be bid for construction. The amendment will also provide funding for Monument Preservation, Right of Way Retracement, Monument Re-Establishment and Record of Survey, which will support easement acquisition and Right of Way on this project and future endeavors in the project area.
These streets are being designed in cooperation with the Complete Streets Ad-Hoc. Due to the timeline of grant funding and original application of funds, the project scope is restricted to what was originally proposed to the awarding grant body. The utility, pedestrian enhancements and street reconstruction will facilitate future exploration and/or implementation of gateway and streetscape features like roundabouts, refuge islands and road diets.
Recommended Action: Approve contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 25224220.80230.18308: $0
PROPOSED BUDGET AMOUNT: 25224220.80230.18308: $167,266
FINANCING SOURCE: CTC Grant Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-190
COORDINATED WITH: Andrew Stricklin, Senior Engineer, and Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 2b – Encourage active transportation as a viable alternative to automobiles.
GENERAL PLAN ELEMENTS (GP):
GP-A3 - Mobility Element
JUNE 8, 2023 CALIFORNIA TRANSPORTATION COMMISSION
SENATE BILL 1 PROGRAMS – STAFF RECOMMENDATIONS
2022 LOCAL PARTNERSHIP COMPETITIVE PROGRAM
Staff recommends Local Partnership Competitive Program funds totaling $142,453,000 for eleven projects valued at approximately $610 million in total project costs. Recommendations for funding are set forth on the attached list of projects.
The recommended projects contain public transit improvements including bus and rail improvements; traffic operational improvements including construction of a roundabout and the replacement of an interchange; a road diet that will reduce the number of travel lanes and incorporate more complete streets elements; and non-motorized facility improvements specifically for bicycles and pedestrians. These projects address key Climate Plan for Transportation Infrastructure principles and will address the needs of underresourced communities, have positive environmental impacts, support efficient land use principles, and provide benefits to communities throughout California. These improvements will reduce congestion and vehicle miles traveled, improve air quality, improve safety on all modes, and create nearly 10,000 jobs.
The recommended projects were determined to be the projects that best address the criteria as outlined in the guidelines.
Created by Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), the California Transportation Commission’s (Commission) Local Partnership Program provides $200 million annually to counties, cities, districts, and regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements. The annual $200 million allotment is reduced by $20 million in incentive funding and then divided into two separate programs: the formulaic program and the competitive program.
Sixty percent of those funds are distributed to the formulaic program and forty percent of those funds are distributed to the competitive program.
In August 2021, the Commission began development of the 2022 Local Partnership Program Guidelines. The Commission hosted seven public workshops to solicit stakeholder input on the guidelines between August 2021 and April 2022. The guidelines were prepared by Commission staff in consultation with Caltrans, the California Air Resources Board, the California Department of Housing and Community Development, the Commission’s Equity Advisory Roundtable, regional transportation planning agencies, local agencies, transportation advocates, and other stakeholders.
In addition, new to this cycle, the Commission hosted 17 virtual office hour sessions from February 2022 to April 2022, where Commission staff provided technical assistance to potential applicants who wanted to discuss their project nominations for the 2022 Local Partnership Competitive Program.
Adopted by the Commission at its meeting on August 17, 2022, the 2022 Local Partnership Competitive Program Guidelines describe the policy, standards, criteria, and procedures for the development, adoption, and management of the Local Partnership Competitive Program.
The Commission established the 2022 Local Partnerships Program as a two-year, $144 million program (fiscal years 2023-24 and 2024-25). Project nominations were due to the Commission by November 29, 2022. 1 of 4
ATTACHMENT 1
JUNE 8, 2023 CALIFORNIA TRANSPORTATION COMMISSION
The Commission received 37 project nominations seeking over $560 million in funding. The projects nominated and the funding requested reflect a great need for local and regional transportation taxing authorities to address the state’s highest transportation needs. Since Senate Bill 1 provides an on-going funding source for the Local Partnership Competitive Program, agencies with projects not recommended for funding in this cycle will have the opportunity to apply for funding in subsequent cycles.
An evaluation team consisting of Commission and Caltrans staff reviewed project nominations based on the criteria identified in the Commission’s adopted 2022 Local Partnership Competitive Program Guidelines.
The nominations were also reviewed by California Department of Housing and Community Development staff to evaluate land use efficiency and housing benefits and by members of the Interagency Equity Advisory Committee to evaluate equity and community engagement sections. Due to the competitive nature of this program, staff evaluations were limited to documentation submitted with the nomination package, including the required performance metrics outlined in the program guidelines.
Projects not recommended for funding were determined to be less competitive for a variety of reasons including required information was missing or unclear; non-compliance with guidelines and/or statutory requirements; or projects are being recommended for funding in other state and/or federal programs. The projects not recommended for funding demonstrated benefits but were found less competitive in this third cycle of the Local Partnerships Program. Nominating agency staff are encouraged to contact Commission staff for technical assistance to improve project nominations in future program funding cycles.
The Commission will consider these staff recommendations and program adoption at its June 28-29, 2023, Commission Meeting.
2 of 4
CALIFORNIA TRANSPORTATION COMMISSION
COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE
RECOMMENDED
FUNDING
2023-24
($1000s)
RECOMMENDED
FUNDING
2024-25
($1000s)
TOTAL
PROJECT COST
($1000s)
RANKING
Imposed Fee Taxing Authorities*
El Dorado El Dorado County Pioneer Trail/US Hwy 50 Intersection Safety Improvement Project Highway / Local Road $ 3,055 $ 9,127 MEDIUM San Bernadino Rancho Cucamonga, City of Foothill Blvd Complete Street Project Local Road / Active Transportation $ 2,400 $ 4,800 MEDIUM (-) Voter Approved Taxing Authorities
Sonoma Sonoma Co Transportation Authority (SCTA) US 101/Hearn Ave Regional Multimodal Interchange Highway / Local Road / Active Transportation $ 8,600 $ 43,675 HIGH Alameda Alameda County Transportation Commission (Alameda CTC) Oakland Alameda Access Project Highway / Local Road / Active Transportation $ 25,000 $ 129,900 HIGH Yuba Yuba County North Beale Road Complete Streets / Safety Project - Phase III Local Roads / Active Transportation $ 3,000 $ 7,711 HIGH Santa Clara Santa Clara Valley Transportation Authority (VTA) Mountain View Transit Center Grade Separation and Access Project Transit Rail / Transit Bus / Active Transportation $ 25,000 $ 136,000 HIGH (-) Sacramento Sacramento Transportation Authority (STA) US 50 Gold Line Corridor Enhancement Project - Hazel Ave/US 50 Interchange Highway / Local Road / Transit Rail $ 25,000 $ 132,726 HIGH (-) Tulare Tulare County Association of Governments (TCAG) SR99/Caldwell Ave Interchange, Safety and Multi-Modal Project Highway $ 15,000 $ 68,227 MED-HIGH Mendocino
1) Ukiah, City of
2) Mendocino Council of Government (MCOG) Urban Core Rehabilitation and Transportation Project Local Roads / Active Transportation $ 6,074 $ 14,356 MED-HIGH San Mateo San Mateo County Transit District (SamTrans) SamTrans Emission Zero Project Transit Bus $ 14,824 $ 32,605 MEDIUM (+) Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro)
Southeast Los Angeles Transit Improvements Project - NextGen Bus Line Corridors I-710 Transit Bus $ 14,500 $ 31,130 MEDIUM
$ 49,898 $ 92,555 $ 610,257
$ 142,453 Total Recommended
$ 6,253 recommendation overprogrammed
COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE
REQUESTED
FUNDING
($1000s)
TOTAL PROJECT
COST ($1000s) RANKING SOURCE
Santa Barbara Santa Barbara County Association of Governments (SBCAG) US101 Multimodal Corridor - Segment 4D South - Three Creeks Highway $ 25,000 $ 142,581 HIGH (-) SCCP Riverside
1) Riverside County Transportation Commission (RCTC)
2) So California Regional Rail Authority Metrolink Double Track Project: Moreno to Perris Transit Rail $ 15,500 $ 34,000 MED-HIGH (+) TIRCP Riverside
1) Riverside County Transportation Commission (RCTC)
2) Riverside County Mid County Parkway: Ramona Expressway Highway / Local Roads $ 25,000 $ 189,793 MEDIUM (-) SCCP
FULLY FUNDED BY
ANOTHER STATE
PROGRAM
RECOMMENDED
FOR FUNDING
2022 Local Partnership Competitive Program
STAFF RECOMMENDATIONS
($1,000s)
- Project Fact Sheets are linked to the project titles
*The Competitive Program will be divided in two parts: one for taxing authorities with voter-approved taxes, tolls, or fees; and the second for applicants with only imposed fees. The Competitive Program will be divided into these two groups based on relative tax, toll, and fee revenue of the applicants. In no case will the portion for applicants with only imposed fees be less than $5,000,000.
June 8, 2023 3 of 41
CALIFORNIA TRANSPORTATION COMMISSION
2022 Local Partnership Competitive Program
STAFF RECOMMENDATIONS
($1,000s)
COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE
REQUESTED
FUNDING
($1000s)
TOTAL PROJECT
COST ($1000s) RANKING
Imposed Fee Taxing Authorities
Los Angeles San Gabriel, City of Valley Blvd Revitalization Project Locl Roads / Active Transportation $ 15,986 $ 11,755 MED-LOW Riverside Corona, City of Ontario Ave Widening/Complete Streets Project Highway / Local Roads / Active Transportation $ 2,500 $ 6,000 LOW Voter Approved Taxing Authorities
Santa Cruz Santa Cruz Regional Transportation Commission (SCCRTC) Watsonville-Santa Cruz Multimodal Corridor Program - SR1 Freedom to State Park Auxiliary Lanes, Bus on Shoulders, and Coastal Rail Trail Segment 12 Project (SB1-Cycle 3: Contract #1) Transit Bus / Active Transportation / Highway $ 25,000 $ 216,743 MED-HIGH Orange
1) Orange County Transportation Authority (OCTA)
2) Caltrans D12 State Route 91 Operational and Multimodal Improvement Project Local Roads / Active Transportation $ 25,000 $ 107,670 MED-HIGH Stanislaus Stanislaus Council of Governments North County Corridor - Phase I Highway / Rail $ 25,000 $ 210,800 MEDIUM San Francisco BATA Bay Skyway Phase I Project (Bay Skyway Phase 1 - West Oakland Link) Active Transportation / Transit Ferry $ 11,000 $ 170,050 MEDIUM Contra Costa Contra Costa Transportation Authority (CCTA) Coordinated Adaptive Ramp Metering (CARM) Highway / Local Roads $ 4,500 $ 40,610 MEDIUM San Diego San Diego Association of Governments (SANDAG) Eastbrook to Shell Double Track Project Rail / Active Transportation / Local Roads $ 25,000 $ 111,543 MEDIUM Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro) Division 8 Zero Emission Bus Charging Infrastructure Project (Equipment) Transit Bus $ 25,000 $ 71,396 MEDIUM Alameda Alameda-Contra Costa Transit District (AC Transit) Purchase Zero-Emission Buses Transit Bus $ 15,000 $ 61,839 MEDIUM (-) Madera
1) Madera County Transportation Commission (MCTC)
2) Caltrans D6 SR 99/233 Chowchilla Multimodal Interchange Improvement Project Highway / Local Roads / Active Transportation $ 11,000 $ 30,000 MED-LOW (+) San Mateo City/County Association of Governments of San Mateo County Hillside Blvd Improvement Project, Phase II Local Roads / Active Transportation $ 4,550 $ 9,100 MED-LOW (+) Santa Barbara Santa Barbara Co Association of Governments (SBCAG) US101 Multimodal Corridor - Segment 4E North - Cabrillo Interchange Highway $ 25,000 $ 150,046 MED-LOW Santa Clara Santa Clara Valley Transportation Authority (VTA) I-280/Wolfe Rd Interchange Improvement Project Highway / Local Roads $ 25,000 $ 120,000 MED-LOW San Francisco City & County of San Francisco (CCSF)
Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $ 5,412 $ 10,825 MED-LOW
San Francisco San Francisco County Transportation Authority (SFCTA) Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $ 5,412 $ 10,825 MED-LOW
San Mateo
1) San Mateo Co Transportation Authority (SMCTA)
2) City/County Association of Governments of San Mateo County US 101 / SR 92 Area Improvements and Multimodal Project - (US101/SR92 Area Improvements) Highway / Local Road / Active Transportation $ 12,803 $ 57,531 MED-LOW Sacramento
1) Sacramento Transportation Authority (STA)
2) Rancho Cordova, City of White Rock Road Safety and Congestion Relief Phase 3 Project Local Road / Active Transportation $ 9,250 $ 24,000 MED-LOW Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro) North Hollywood Transit Center Transit Bus / Active Transportation $ 25,000 $ 62,000 MED-LOW Nevada Truckee, Town of Truckee Railyard Transit Center Transit Bus $ 2,000 $ 4,400 MED-LOW (-) San Francisco
1) City & County of San Francisco (CCSF)
2) San Francisco County Transportation Authority (SFCTA) Transbay Howard Streetscape Project Active Tansportation / Local Roads $ 12,875 $ 55,350 LOW (+) San Francisco
1) San Francisco County Transportation Authority (SFCTA) 2) City & County of San Francisco (CCSF) Transbay Howard Streetscape Project Active Tansportation / Local Roads $ 12,875 $ 55,350 LOW (+) Sacramento Galt, City of Carillion Blvd Safety Improvements Project City of Galt is not an eligible applicant $ 2,100 $ 2,800,000 INELIGIBLE NOT
RECOMMENDED
FOR FUNDING IN
CYCLE 3
June 8, 2023 4 of 42
BKF ENGINEERS
200 4th Street, Suite 300, Santa Rosa, CA 95401 | 707.583.8500 July 17, 2023
BKF No C20212351-10
Andrew Stricklin, Associate Engineer
Dept. of Public Works
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Transmitted Via Email
Subject: Ukiah East Perkins Widening Project
Additional Service Request No. 2
Bid Document Preparation Support Services
Combined Bidding and Monument Re-Establishment for Perkins Street, Gobbi Street, and Main Street Projects, Known as the
Urban Core Rehabilitation and Transportation Project
Dear Andrew,
BKF is pleased to submit this additional service request for engineering services to provide the City with support related to a combined bid package and a combined monument re-establishment program for the merger of the Perkins Street, Gobbi Street, and Main Street projects. We understand that the City recently received funding from the California CYC Local Partnership Competitive Program Grant that will cover the construction of the three aforementioned projects (now known collectively as the Urban Core Rehabilitation and Transportation Project”) to be merged into a single project for award to a single general contractor. As the design of the improvements for each project have been executed separately, and in the case of Main Street, completed by another design firm, the City has requested that BKF support the merging of the project by preparing a combined bid package, comprised of merged drawings, a single Specification package, and single Engineer’s Cost Opinion/Bid Schedule. Additionally, the City is aware that all three project areas have existing monuments that must be preserved following construction, and that all three areas also have missing centerline monuments. To support construction and future Right of Way retracement, the City is also looking for BKF to provide a Monument Preservation and Re-Establishment Program for these same three project areas. The following scope is presented to address your request for additional services.
Scope of Services
TASK 12: COMBINED PROJECT BID DOCUMENT PREPARATION SUPPORT Under this task, BKF will prepare a comprehensive Plans, Specifications, and Estimate (PS&E) package for bidding and construction. This package will merge together the following separately-prepared pavement rehabilitation and utility replacements projects:
• Gobbi Street Utility Replacement Project (prepared by BKF Engineers) • Perkins Street Intersection Widening Project (prepared by BKF Engineers) • Main Street Utility Replacement Project (prepared by Coastland Civil Engineers) Drawings will be combined under a single cover and will include separate “chapters” associated with each project, under which the complete individually prepared plans will be presented. One set of General Notes will be developed ATTACHMENT 2
July 17, 2023
to cover the entire combined project, but project-specific construction notes, legends, and abbreviations will be retained. Construction details for each project will not be merger, and will remain under the cover of each project “chapter” due to the project-specific nature of many of the details.
BKF will utilize Specifications and Engineer’s Cost Opinions, developed for each project, as a starting point for the merger of these documents. Final deliverables to the City will include one (1) combined plan set package, one (1) combined Project Specifications manual, and one combined Engineer’s Opinion of Probable Construction Costs.
These documents will be provided to the City electronically, and can be produced in hard-copy format if requested.
We have included up to eight (8) hours of staff time for meetings and coordination calls with the City to discuss items such as project name and number, measurement and payment approach, project area descriptions, and to identify funding-specifics requirements that will need to be established in the Specifications.
TASK 13: MONUMENT PRESERVATION AND RE-ESTABLISHMENT
Gobbi Street Right of Way Retracement, Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is the understanding of the City and BKF that sections of the Gobbi Street Right of Way have not been previously surveyed, or cannot be retraced from found monumentation, and that retracement of unrecorded or un-monumented sections of right of way will require a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Gobbi Street, and monuments marking some of the side lines of individual properties fronting Gobbi Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eight to ten (8-10) centerline monuments will be set or reset, and one to three (1-3) side line monuments will be reset in the Gobbi Street section of this project.
BKF will utilize boundary information previously collected under the Gobbi Street Utility Replacement Project to expand the right of way retracement to include previously un-surveyed sections of Gobbi Street right of way within the Gobbi Street project limits, and will submit a Record of Survey to the Mendocino County Surveyor’s Office in accordance with Section 8762 of the California Land Surveyor’s Act. Said Record of Survey will document retracement of the Gobbi Street right of way as well as document resetting not more than ten (10) centerline monuments and not more than three (3) side line monuments post construction. BKF will be responsible for resetting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF engineers will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following monument construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract.
Perkins Street Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the City has approved BKF to submit a Record of Survey to the Mendocino County Surveyor’s Office documenting retracement of the Perkins Street right of way within the project limits. It is understood that said Record of Survey is intended to document retracement of sections of the Perkins Street right of way that have not been previously surveyed, and that retracement of unrecorded sections of right of way requires a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Perkins Street, and monuments marking some of the side lines of individual properties fronting Perkins Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is also understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that five to seven (5-
July 17, 2023
7) centerline monuments will be set or reset, and six to eight (6-8) side line monuments will be reset in the Perkins Street section of this project.
BKF will expand the Record of Survey authorized by the City to document retracement of the Perkins Street Right of Way to also document re-setting not more than seven (7) centerline monuments and not more than eight (8) side line monuments post construction. BKF will be responsible for re-setting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract.
Main Street Monument Preservation, Monument Re-Establishment and Record of Survey: BKF has not previously provided any surveying or engineering services in association with the Main Street Utility Replacement Project, however, it is understood that a retracement of the Main Street right of way within the project limits was performed by Cinquini & Passarino, Inc. (CPI). In an effort to preserve City funds, BKF has decided to partner with CPI on as a subconsultant to utilize the efficiencies that their team would bring for the monument preservation and record of survey work needed on Main Street. It is understood that monuments marking the centerline of Main Street must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or re-set at centerline intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eleven (11) centerline monuments will be re-set and six (6) additional centerline monuments will be set at intersections currenting without monuments for the Main Street section of this project.
Following construction, CPI, working as a sub-consultant to BKF, will prepare a Record of Survey to document resetting/new setting of the centerline monuments. CPI will not be responsible for construction of centerline monuments, but will set reference points for monument construction and will provide stamped brass disk for installation at the monuments. It is understood that lane closures may be needed during the course of centerline monument referencing, and the cost of lane closure and centerline monument construction is not included in this contract.
TASK 14: RIGHT OF WAY EASEMENT PREPARATION
Gobbi Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting seven (7) properties within the project limits.
BKF will prepare not more than seven (7) legal descriptions and plats describing and depicting right of way easements within the Gobbi Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.
Perkins Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting ten (10) properties within the project limits.
BKF will prepare not more than ten (10) legal descriptions and plats describing and depicting right of way easements within the Perkins Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF
July 17, 2023
will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.
Main Street Right of Way Easement Legal Description & Plat Preparation: Based upon evaluation of the Improvement Plans For: Main Street Utility Improvement Project prepared by Coastland Civil Engineers, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting five (5) properties within the project limits.
BKF will prepare not more than five (5) legal descriptions and plats describing and depicting right of way easements within the Main Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.
OPTIONAL TASK 15: BID AND CONSTRUCTION PHASE SUPPORT SERVICES Bid Support Services: BKF can assist the City during the construction bid solicitation process on an as-needed basis. Bid support services can include the following:
a. Responding to Requests for Information (RFIs) during the bid process b. Assisting the City with issuing bid addendum packages c. Summarizing and tabulating received bids
This scope assumes that BKF would support the bidding of the combined project. We will address design-related questions as they pertain to either the Perkins Street or Gobbi Street project, but will coordinate with Coastland Civil Engineering to facilitate technical design responses for any questions related to the Main Street project.
Construction Support Services: BKF can allocate time to support the Contractor and Design Team during the construction phase of the Perkins Street and Gobbi Street projects. Anticipated services include written responses to RFIs, review of submittals, and drawing revisions as needed. Preparation of record drawings based on the Contractor’s as-builts can also be provided as part of this service. It is assumed that the City will either retain the services of Coastland Civil Engineering for Construction Support for the Main Street project, or will engage the services of a City-authorized third-party Construction Manager to make interpretations of and changes to the Main Street design during construction.
Construction Meetings: BKF can attend site meetings with the Contractor during the construction process.
Anticipated meetings include the following:
a. pre-construction meeting
b. three (3) interim site visits
c. final punch-list walk
Scope Qualifications and Assumptions
BKF’s services are limited to those expressly set forth in the scope. BKF shall have no other obligations or responsibilities for the project, except as provided in this proposal letter, or as agreed to in writing. BKF will provide our services consistent with the professional skill and care ordinarily provided by consultants practicing in the same locality under similar circumstances. Our services shall be limited to those expressly summarized in this proposal and we shall have no other obligations or responsibilities, unless otherwise agreed upon.
As we will be processing design documents from others, the following assumptions apply to our services:
• The City will provide BKF with a digital, signed copy of the Main Street design drawings, special provisions (in word format) and the Engineer’s Opinion of Probable Construction Costs (in excel format) • It is assumed that the City will retain the services of the Main Street designer for bid and construction phase
July 17, 2023
support. BKF will not be providing any bid or construction related support regarding the design elements or drawing interpretations for the Main Street project.
Schedule
BKF is able to commence working on this project immediately upon your authorization to proceed. We understand that the combined bid documents need to be completed by the end of September 2023 to allow time for City Council authorization, bidding, and award prior to the end the 2023 year.
Fees for Professional Services
SCOPE OF SERVICES:
BKF proposes to provide the services on a Time & Materials basis as noted in the table below.
TASK DESCRIPTION FEE
12 Combined Project Bid Document Preparation Support $20,492 13 Monument Preservation and Re-Establishment $96,766
14 Right of Way Easement Preparation $50,008
TOTAL CIVIL FEE $167,266
In addition, please budget $1,000 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.
OPTIONAL SERVICES:
At your request, BKF can provide the following optional services on a time and materials not to exceed basis in accordance with the attached rate schedule.
OPTIONAL TASK FEE
Optional Task 15 – Bid and Construction Phase Support Services $33,937 This additional service request is an amendment to our Professional Services Agreement between BKF Engineers and the City of Ukiah, dated February 18, 2022. All terms of said agreement will remain the same except for the scope and fee items explicitly stated herein.
Should you have any questions, or would like additional clarification on any aspect of the scope of work, please feel free to contact me at 707-583-8536.
Respectfully,
BKF Engineers
___________________________
Becky Dower, PE
Project Manager
Agenda Item No: 8.f.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2910
AGENDA SUMMARY REPORT
SUBJECT: Consideration to Award Contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78.
DEPARTMENT: Electric Utility PREPARED BY: Sonu Upadhyay, Senior Power Engineer PRESENTER: Sonu Upadhyay, Senior Power Engineer
ATTACHMENTS:
1. Bid Results - Spec 23-08 - Ukiah Electric Utility Fire Mitigation Undergrounding Project
2. Bid - ARB, Inc.
Summary: Council will consider a Staff request to award a contract to ARB Inc, in the amount of $1,958,740.78 for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification No. 23-08.
Background: On February 11, 2022, the California Office of Emergency Services (CalOES) approved Hazard Mitigation Grant Program (HMGP) funds for the City of Ukiah in the amount of $3,613,567. The fundamental mitigation goal of the grant is to reduce the impact of wildland fire on Ukiah’s critical electric power infrastructure through the implementation of hazardous fuel reduction activities and undergrounding vulnerable overhead lines. The HMGP grant covers 75% of the total project cost and the Electric Utility covers the remaining 25% of the project cost.
On June 21, 2023, the City Council adopted the plans and specifications for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08. The project consists of boring, trenching, backfilling, compacting, installing underground conduits for 12 kV primary conductor in three areas on the western side of the city of Ukiah.
Discussion: On June 27, 2023, the City distributed the plans and specifications to the required bidders' exchanges, publicly advertised the project in the Ukiah Daily Journal, sent copies of the Notice to Bidders to all licensed Class A contractors on the City's 2023 Qualified Contractors List, and posted them to the City's website. Staff conducted a mandatory pre-bid meeting with potential contractors to outline the specifics of the project and answer any questions. Sealed proposals were received and opened by the City Clerk on July 25, 2023. Bids were received from five contractors (see Attachment 1 for a copy of the bid tabulation). After reviewing the bid responses, it is Staff's recommendation to award the bid to ARB Inc, for a unit priced contract in the amount of $1,958,740.78. A copy of their bid is provided as Attachment 2. If the contract is awarded, construction is scheduled to be completed in six months.
Recommended Action: Award contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80230.18260; $4,750,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Series 2022 Electric Revenue Bonds with 75% being reimbursed through the Hazard Mitigation Grant Program (HMGP)
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Cindy Sauers, Electric Utility Director; Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 10a - Protect from dangerous emissions by preventing fires GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element, GP-A6 - Safety Element
Item # Description UOM QTY Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price 1 Excavate, trench, backfill and compaction 24” x 59”. LF 1350 131.71 $ $ 177,808.50 $ 162.05 $ 218,767.50 $ 164.00 $ 221,400.00 $ 297.00 $ 400,950.00 $ 265.00 $ 357,750.00 2 Remove and replace asphalt concrete (36” – 24” trench). SF 4050 23.85 $ $ 96,592.50 $ 39.84 $ 161,352.00 $ 16.00 $ 64,800.00 $ 39.50 $ 159,975.00 $ 235.00 $ 951,750.00 3 4” PVC schedule 40 conduit including installation. FT 1550 30.35 $ $ 47,042.50 $ 9.04 $ 14,012.00 $ 23.50 $ 36,425.00 $ 11.00 $ 17,050.00 $ 23.00 $ 35,650.00 4 Remove and replace concrete sidewalk. SF 40 27.28 $ $ 1,091.20 $ 71.14 $ 2,845.60 $ 41.00 $ 1,640.00 $ 197.00 $ 7,880.00 $ 39.00 $ 1,560.005 Excavate, backfill, compact and install retaining wall. LS 4 23,304.40 $ $ 93,217.60 $ 2,164.54 $ 8,658.16 $ 15,500.00 $ 62,000.00 $ 32,000.00 $ 128,000.00 $ 8,500.00 $ 34,000.00 6 Excavate, backfill, compact and install transformer box pad (City to provide). EA 5 5,051.79 $ $ 25,258.95 $ 1,863.32 $ 9,316.60 $ 7,800.00 $ 39,000.00 $ 8,870.00 $ 44,350.00 $ 5,500.00 $ 27,500.00 7 Excavate, backfill, compact and install 504LA Vault (City to provide). EA 1 12,755.40 $ $ 12,755.40 $ 3,696.44 $ 3,696.44 $ 6,195.00 $ 6,195.00 $ 9,030.00 $ 9,030.00 $ 3,500.00 $ 3,500.00 8 Excavate, backfill, compact and install pedestal box pad (City to provide). EA 1 4,243.40 $ $ 4,243.40 $ 1,496.51 $ 1,496.51 $ 7,800.00 $ 7,800.00 $ 8,820.00 $ 8,820.00 $ 2,500.00 $ 2,500.00 9 Mobilization. LS 1 10,145.45 $ $ 10,145.45 $ 2,584.01 $ 2,584.01 $ 35,000.00 $ 35,000.00 $ 300,000.00 $ 300,000.00 $ 75,000.00 $ 75,000.00 10 Demobilization. LS 1 5,072.72 $ $ 5,072.72 $ 2,584.01 $ 2,584.01 $ 15,350.00 $ 15,350.00 $ 100,000.00 $ 100,000.00 $ 49,500.00 $ 49,500.00 TOTAL 473,228.22 $ TOTAL 425,312.83 $ TOTAL 489,610.00 $ TOTAL 1,176,055.00 $ TOTAL 1,538,710.00 $ Bid Schedule #2Item # Description UOM QTY Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price 1 Excavate, trench, backfill and compaction 24” x 59”. LF 3288 131.41 $ $ 432,076.08 $ 162.05 $ 532,820.40 $ 174.00 $ 572,112.00 $ 275.00 $ 904,200.00 $ 265.00 $ 871,320.00 2 Remove and replace asphalt concrete (36” – 24” Trench). SF 9600 20.03 $ $ 192,288.00 $ 39.84 $ 382,464.00 $ 16.00 $ 153,600.00 $ 38.50 $ 369,600.00 $ 235.00 $ 2,256,000.00 3 4” PVC schedule 40 conduit including installation. FT 4000 30.41 $ $ 121,640.00 $ 9.04 $ 36,160.00 $ 22.00 $ 88,000.00 $ 10.00 $ 40,000.00 $ 23.00 $ 92,000.00 4 Remove and replace concrete sidewalk. SF 256 27.28 $ $ 6,983.68 $ 71.14 $ 18,211.84 $ 41.00 $ 10,496.00 $ 84.00 $ 21,504.00 $ 39.00 $ 9,984.00 5 Excavate, backfill, compact and install retaining wall. LS 2 23,304.40 $ $ 46,608.80 $ 2,164.54 $ 4,329.08 $ 15,750.00 $ 31,500.00 $ 33,000.00 $ 66,000.00 $ 8,500.00 $ 17,000.00 6 Excavate, backfill, compact and install transformer box pad (City to provide). EA 6 6,264.38 $ $ 37,586.28 $ 1,863.33 $ 11,179.98 $ 7,800.00 $ 46,800.00 $ 8,370.00 $ 50,220.00 $ 4,800.00 $ 28,800.00 7 Excavate, backfill, compact and install pedestal box pad (City to provide). EA 8 6,264.38 $ $ 50,115.04 $ 1,496.51 $ 11,972.08 $ 7,800.00 $ 62,400.00 $ 4,170.00 $ 33,360.00 $ 2,500.00 $ 20,000.00 8 Mobilization. LS 1 5,072.72 $ $ 5,072.72 $ 2,584.01 $ 2,584.01 $ 35,002.00 $ 35,002.00 $ 100,000.00 $ 100,000.00 $ 30,000.00 $ 30,000.00 9 Demobilization. LS 1 5,072.72 $ $ 5,072.72 $ 2,584.01 $ 2,584.01 $ 15,850.00 $ 15,850.00 $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 TOTAL 897,443.32 $ TOTAL 1,002,305.40 $ TOTAL 1,015,760.00 $ TOTAL 1,594,884.00 $ TOTAL 3,345,104.00 $ Bid Schedule #3Item # Description UOM QTY Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price Unit Price Ext'd Price 1 Excavate, trench, backfill and compaction 24” x 59”. LF 1350 131.71 $ $ 177,808.50 $ 162.05 $ 218,767.50 $ 164.50 $ 222,075.00 $ 272.00 $ 367,200.00 $ 265.00 $ 357,750.00 2 Excavate, trench, backfill and compaction 18” x 48”. LF 1006 115.77 $ $ 116,464.62 $ 123.48 $ 124,220.88 $ 75.00 $ 75,450.00 $ 182.00 $ 183,092.00 $ 235.00 $ 236,410.00 3 Remove and replace asphalt concrete (36” – 24” trench). SF 4299 23.71 $ $ 101,929.29 $ 39.84 $ 171,272.16 $ 16.00 $ 68,784.00 $ 39.50 $ 169,810.50 $ 119.00 $ 511,581.00 4 4” PVC schedule 40 conduit including installation. FT 2875 28.73 $ $ 82,598.75 $ 9.04 $ 25,990.00 $ 22.50 $ 64,687.50 $ 11.00 $ 31,625.00 $ 23.00 $ 66,125.00 5 Remove and replace concrete sidewalk. SF 115 27.28 $ $ 3,137.20 $ 71.14 $ 8,181.10 $ 41.00 $ 4,715.00 $ 80.00 $ 9,200.00 $ 39.00 $ 4,485.00 6 Excavate, backfill, compact and install transformer box pad (City to provide). EA 5 5,051.79 $ $ 25,258.95 $ 1,863.32 $ 9,316.60 $ 7,800.00 $ 39,000.00 $ 8,490.00 $ 42,450.00 $ 4,800.00 $ 24,000.00 7 Excavate, backfill, compact and install primary pull box (City to provide). EA 1 4,243.40 $ $ 4,243.40 $ 2,077.01 $ 2,077.01 $ 5,185.00 $ 5,185.00 $ 8,440.00 $ 8,440.00 $ 2,500.00 $ 2,500.00 8 Excavate, backfill, compact and install pedestal box pad (City to provide). EA 1 4,243.40 $ 4,243.40 $ 1,496.51 $ 1,496.51 $ 7,800.00 $ 7,800.00 $ 8,440.00 $ 8,440.00 $ 1,900.00 $ 1,900.00 $ 9 Mobilization. LS 1 5,072.72 $ 5,072.72 $ 2,584.01 $ 2,584.01 $ 35,008.50 $ 35,008.50 $ 90,000.00 $ 90,000.00 $ 30,000.00 $ 30,000.00 $ 10 Demobilization. LS 1 6,474.01 $ 6,474.01 $ 2,584.01 $ 2,584.01 $ 15,725.00 $ 15,725.00 $ 10,000.00 $ 10,000.00 $ 20,000.00 $ 20,000.00 $ 11 Boring from Pedestal 8-N14 on West Standley Street to Pole #08STNDW02. FT 160 380.24 $ 60,838.40 $ 201.67 $ 32,267.20 $ 95.00 $ 15,200.00 $ 215.00 $ 34,400.00 $ 132.00 $ 21,120.00 $ TOTAL 588,069.24 $ TOTAL 598,756.98 $ TOTAL 553,630.00 $ TOTAL 954,657.50 $ TOTAL 1,275,871.00 $ Bid Schedule #1
TOTAL BID SCHEDULES 1,2 & 3: TOTAL BID SCHEDULES 1,2 & 3: TOTAL BID SCHEDULES 1,2 & 3: TOTAL BID SCHEDULES 1,2 & 3: TOTAL BID SCHEDULES 1,2 & 3:
$ 1,958,740.78 $ 2,026,375.21 $ 2,059,000.00 $ 3,725,596.50 $ 6,159,685.00 ARB, Inc. Dudley's Excavating, Inc. Piazza Construction MP Nexlevel of California, Inc. St. Francis Electric, LLC BID TABULATION - SPEC NO 23-08 - UKIAH ELECTRIC UTILITY FIRE MITIGATION UNDERGROUNDING PROJECT - BID OPENING 7/25/2023 Attachment 1
Attachment 2
Agenda Item No: 8.g.
MEETING DATE/TIME: 8/2/2023
ITEM NO: 2023-2912
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Bid for HVAC Replacement at the Wastewater Treatment Plant, Specification No. 23-10.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:
1. Bid Spec and Addenda
2. Supplemental Memo - Item 8g - 8-2-2023 Council Meeting Summary: Council will consider awarding a contract for the HVAC replacement at the Wastewater Treatment Plant, Specification No. 23-10.
Background: In August of 2022, the Wastewater Treatment Plant and Building Maintenance staff determined that the HVAC units at the Wastewater Treatment Plant main offices were failing, and needed replacement. The initial project estimate, after consulting with a local HVAC contractor, was anticipated to be over $100k. The purchasing Staff initiated a contract with Whitchurch Engineering to develop plans and specifications for the project. Please refer to Attachment 1 for a copy of the final bid document.
Discussion: On July 13, 2023, the bid was released for Spec 23-10 HVAC Replacement at the Wastewater Treatment Plant. The bid notice was distributed to the Builder's Exchanges, as well as contractors on the Qualified Bidder's list. A mandatory pre-bid meeting was conducted on July 20, 2023. Bids are due and will be opened at 2 p.m. on August 1, 2023.
Following the bid opening, Staff will be submitting a supplementary memo to Council with an award recommendation for consideration in time for the August 2, 2023 Council Meeting. The memo will be accompanied by the bid tabulation and the lowest responsive, responsible bidder's bid documents. Depending on the final bid amount, the recommended action will be adjusted to possibly include a budgetary recommendation, as well as the award being contingent on the Ukiah Valley Sanitation District's approval (in the event the bid comes over $100k). This project was not included in the adopted budget for fiscal year 23/24.
Recommended Action: Award of bid for the HVAC Replacement at the Wastewater Treatment Plant, Specification No. 23-10.
BUDGET AMENDMENT REQUIRED: TBD
CURRENT BUDGET AMOUNT: $0
PROPOSED BUDGET AMOUNT: TBD
FINANCING SOURCE: TBD
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Ryan Kriken, Wastewater Treatment Plant Supervisor and Dave Kirch, Fleet/Plant/Building Maintenance Supervisor
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI):
GENERAL PLAN ELEMENTS (GP):
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT
SPECIFICATION NO. 23-10
CITY OF UKIAH
DEPARTMENT OF WATER RESOURCES
300 Seminary Avenue
Ukiah, California 95482-5400
MANDATORY PRE-BID MEETING
11 a.m., July 20, 2023
Wastewater Treatment Plant Main Offices
300 Plant Road, Ukiah California 95482
Bids Open: Tuesday, August 1, 2023
2:00 p.m.
Office of City Clerk
ATTACHMENT 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MARI RODIN - MAYOR
JOSEFINA DUENAS – VICE-MAYOR
DOUGLAS CRANE – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF WATER RESOURCES
JULY 2023
HVAC REPLACEMENT AT THE WWTP iii Spec No.23-10
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
HVAC REPLACEMENT AT THE WWTP iv Spec No.23-10
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
HVAC REPLACEMENT AT THE WWTP v Spec No.23-10
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. Scope of Work.
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 27 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 27
HVAC REPLACEMENT AT THE WWTP vi Spec No.23-10
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 28 PROPOSAL ............................................................................................................................................. 29 BIDDING SCHEDULE ................................................................................................................................... 31 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 33 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 34 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 35 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 36 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 37 SIGNATURE OF BIDDER ............................................................................................................................. 38 BIDDER'S BOND .......................................................................................................................................... 39 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 40 AGREEMENT ............................................................................................................................................. 41 INDEMNIFICATION AGREEMENT .............................................................................................................. 45 EXAMPLE BOND FORMS ............................................................................................................................ 46 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 51 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 52
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
APPENDIX A – Plan Sheets
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT SPECIFICATION NO. 23-10
NOTICE IS HEREBY GIVEN that sealed standard proposals for HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Tuesday, August 1, 2023. Bids shall be addressed to the City Clerk and shall be endorsed “HVAC REPLACEMENT AT THE WWTP”. 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. Ductwork insulation FG 1-1/2 inch. 691 SF
2. Metal ductwork galvanized steel, 12” ave. 1,188 LB
3. Flexible ductwork FG 1-1/2 inch. 60 FT
4. Air handler indoor 1500 cfm. 5 EA
5. Air handler indoor 500 cfm. 4 EA
6. Condensing unit 5 ton. 6 EA
7. Furnace MAU 100 mbh x 2. 1 EA
8. Dampers. 10 EA
9. Electrical (8# strand). 125 FT
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, Procurement Manager at (707) 463-6233 or by email at [email protected].
A mandatory pre-bid conference will be held at 11:00 a.m., July 20, 2023 at the project site at the Wastewater Treatment Plant, located at 300 Plant Road, Ukiah California 95482.
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(a) The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of 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 C20-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: August 18, 2023
7/13/23
HVAC REPLACEMENT AT THE WWTP 1 Spec. No. 23-10
INSTRUCTIONS TO BIDDERS
HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT 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) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
A mandatory pre-bid conference will be held at 11 a.m., July 20, 2023, at the project site located at the Wastewater Treatment Plan, 300 Plant Road, Ukiah California 95482 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. This will be the only opportunity to meet with the project team ion the project site.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder
HVAC REPLACEMENT AT THE WWTP 2 Spec. No. 23-10
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
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 300 Plant Road, Ukiah, California 95482.
HVAC REPLACEMENT AT THE WWTP 3 Spec. No. 23-10
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
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her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 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: $1,000,000 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: $1,000,000 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,
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officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as 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
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all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
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
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claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or 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.
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6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer 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,
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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.
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.
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6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be 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 re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
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Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. 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.
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7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently 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
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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 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.
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All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
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
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written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period.
9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work 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.
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10-03. Substitution of Securities.
1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract.
Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as 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
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complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar 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.
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
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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 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
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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 all equipment, materials and labor to replace the existing HVAC units at the Wastewater Treatment Plant main offices.
The location of the work is at the Wastewater Treatment Plant, located at 300 Plant Road, Ukiah California 95482.
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. Plans are provided for in Appendix A. 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
3. City Standard Plans and Details
4. California Standard Plans
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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. Scope of Work. Contractor shall provide all equipment, materials, and labor to replace existing HVAC units at the Wastewater Treatment Plant main office building located at 300 Plant Road, Ukiah California, 95482, as per Appendix A – project plan sheets.
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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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 29)
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 33)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 34)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 35) Filled out completely per instruction
o List of Proposed Subcontractors (Page 36)
Filled out completely per instruction
o Statement of Experience (Page 37)
o Signature of Bidder (Page38)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page 39)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 40)
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing.
HVAC REPLACEMENT AT THE WWTP 29 Spec. No. 23-10
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT
Specification No. 23-10
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:
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BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:
1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;
2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.
Lowest bid will be based on the lowest Base Bid.
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NAME OF BIDDER:
SPEC #: 23-10
PROJECT NAME: HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1 Ductwork insulation FG 1-1/2 inch. SF 691 $__________ $__________________ 2 Metal ductwork galvanized steel, 12” ave. LB 1,188 $__________ $__________________ 3 Flexible ductwork FG 1-1/2 inch. FT 60 $__________ $__________________ 4 Air handler indoor 1500 cfm. EA 5 $__________ $__________________ 5 Air handler indoor 500 cfm. EA 4 $__________ $__________________ 6 Condensing unit 5 ton. EA 6 $__________ $__________________ 7 Furnace MAU 100 mbh x 2. EA 1 $__________ $__________________ 8 Dampers. EA 10 $__________ $__________________
9 Electrical (8# strand). FT 125 $__________ $__________________ 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.
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.
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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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
HVAC REPLACEMENT AT THE WWTP 33 Spec. No. 23-10
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.
SPEC 23-10 HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT ________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
HVAC REPLACEMENT AT THE WWTP 34 Spec. No. 23-10
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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
HVAC REPLACEMENT AT THE WWTP 35 Spec. No. 23-10
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.)
HVAC REPLACEMENT AT THE WWTP 36 Spec. No. 23-10
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
HVAC REPLACEMENT AT THE WWTP 37 Spec. No. 23-10
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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
HVAC REPLACEMENT AT THE WWTP 38 Spec. No. 23-10
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: __________________
HVAC REPLACEMENT AT THE WWTP 39 Spec. No. 23-10
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 August 1, 2023 for Spec 23-10 – HVAC Replacement at the Wastewater Treatment Plant.
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: __________________________________________________________ __________________________________________________________ __________________________________________________________
HVAC REPLACEMENT AT THE WWTP 40 Spec. No. 23-10
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 HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT 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 ____.
HVAC REPLACEMENT AT THE WWTP 41 Spec. No. 23-10
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
HVAC REPLACEMENT AT THE WASTEWATER TREATMENT PLANT
Specification No. 23-10
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within forty-five (45) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer.
HVAC REPLACEMENT AT THE WWTP 42 Spec. No. 23-10
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
HVAC REPLACEMENT AT THE WWTP 43 Spec. No. 23-10
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
HVAC REPLACEMENT AT THE WWTP 44 Spec. No. 23-10
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________
CITY ATTORNEY, CITY OF UKIAH
HVAC REPLACEMENT AT THE WWTP 45 Spec. No. 23-10
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).
Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
HVAC REPLACEMENT AT THE WWTP 46 Spec. No. 23-10
CITY OF UKIAH
Mendocino County, California
PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:
THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract
HVAC REPLACEMENT AT THE WWTP 47 Spec. No. 23-10
price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
HVAC REPLACEMENT AT THE WWTP 48 Spec. No. 23-10
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)
HVAC REPLACEMENT AT THE WWTP 49 Spec. No. 23-10
CITY OF UKIAH
Mendocino County, California
PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.
It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.
HVAC REPLACEMENT AT THE WWTP 50 Spec. No. 23-10
Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.
HVAC REPLACEMENT AT THE WWTP 51 Spec. No. 23-10
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.