TO Rate Case Program Agreement
Signature Page 1
IN WITNESS WHEREOF, NCPA and each Participant have, by the signature of its duly authorized representative shown below, executed and delivered a counterpart of this Agreement.
NORTHERN CALIFORNIA
POWER AGENCY
651 Commerce Drive
Roseville, CA 95678
_____________________________
By:__________________________
Title: __________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
CITY OF ALAMEDA
2000 Grand Street
P.O. Box H
Alameda, CA 94501
_____________________________
By:__________________________
Title: __________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 2
CITY OF BIGGS
465 “C” Street
Biggs, CA 95917
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
CITY OF GRIDLEY
685 Kentucky Street
Gridley, CA 95948
_____________________________
By:__________________________
Title: __________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 3
CITY OF HEALDSBURG
401 Grove Street
Healdsburg, CA 95448
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
CITY OF LODI
221 W. Pine Street
Lodi, CA 95240
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 4
CITY OF LOMPOC
100 Civic Center Plaza
Lompoc, CA 93436
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
CITY OF OAKLAND, acting
by and through its
Board of Port Commissioners
530 Water Street
Oakland, CA 94607
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 5
CITY OF PALO ALTO
250 Hamilton Avenue
Palo Alto, CA 94301
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
PLUMAS-SIERRA RURAL
ELECTRIC COOPERATIVE
73233 Highway 70
Portola, CA 96122
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 6
CITY OF SANTA CLARA
1500 Warburton Avenue
Santa Clara, CA 95050
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
SAN FRANCISCO BAY AREA RAPID
TRANSIT DISTRICT (BART)
300 Lakeside Drive, 16th Floor
Oakland, CA 94612
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Signature Page 7
CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482
_____________________________
By:__________________________
Title: ________________________
Date:
Approved as to form:
_____________________________
By:__________________________
Its:
Date:
TO Rate Case Program Agreement
Exhibit A-1
EXHIBIT A
LIST OF PARTICIPANTS AND PROGRAM PARTICIPATION PERCENTAGES The following is a list of the Participants who are signatory to this Agreement, and each Participant’s respective Program Participation Percentage:
Participants Program Participant Percentages
City of Alameda 4.75%
BART 5.01%
City of Biggs 0.20%
City of Gridley 0.45%
City of Healdsburg 0.98%
City of Lodi 6.28%
City of Lompoc 1.86%
City of Palo Alto 11.64%
Plumas Sierra REC 2.14%
Port of Oakland 1.62%
City of Santa Clara 63.55%
City of Ukiah 1.51%
Total 100.00%
Note: The Program Participation Percentages listed in this Exhibit A are consistent with each Participant’s project participation percentage listed in Table A of Commission Resolution 23.122. The Program Participant Percentages listed in the Exhibit A can be amended by the Commission from time to time, pursuant to the voting procedures set forth in Section 3 of this Agreement.
Agenda Item No: 8.e.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-193
AGENDA SUMMARY REPORT
SUBJECT: Consider Approval of Change Order No. 3, in the Amount of $3,600, for the Todd Grove Park Public Barbecue Facility Project, Specification 23-03, and Approve Corresponding Budget Amendment.
DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Neil Davis, Community Services Director.
ATTACHMENTS:
1. Marz Engineering - Todd Grove Park BBQ Area - 2223-191 - Specification 23-03
2. Change Order 1 - Marz Eng - Spec 23-03 (4)
3. Change Order 2 - Marz Eng - Spec 23-03
4. Change Order 3 Proposed
Summary: Council will consider approving Change Order 3, in the amount of $3,600, for the Todd Grove Park Public Barbecue Facility Project, Specification 23-03, and approval of the corresponding budget amendment.
Background: On April 5, 2023, Council awarded a contract to Marz Engineering in the amount of $113,499.84 to perform the work for project 23-03 Todd Grove Park Public Barbecue Facility Reconstruction. The work includes the demolition of the existing infrastructure and installation of new picnic tables, barbecue pits, a shade structure, an updated hydration station, the addition of a bioswale to improve on-site water retention, and the removal of the horseshoe pit. Please refer to Attachment 1 for a copy of the original bid specification.
Two change orders have been issued thus far. Change Order 1 (Attachment 2) added $10,374 to accommodate ADA parking improvements that were not part of the original specifications. Change Order 2 (Attachment 3) added 265 contract days to the contract, due to delays caused by issues outside the contractor's control. (Work is anticipated to be complete by May 30, 2024.) Discussion: On April 30, 2024, the City received an additional change order request from Marz Engineering. Please refer to Attachment 4. The request is for an additional $3,600 to make the entrance of the park ADA compliant. This resulted in needing to increase the dimensions of the path of travel between two ADA parking spaces from 5 feet wide to 12 feet wide, and pave 6" thick to match the asphalt thickness of the road. The amount of the requested change order is $3,600. Staff has authorization to approve change orders up to 10% of the original contract amount or $10,000, whichever is greater. This third change order makes the contract $2,623.84 over the threshold. Therefore, Staff is requesting Council's approval of Change Order 3 in the amount of $3,600. With an existing budget of $124,850, Staff is requesting a budget amendment in the amount of $2,623.84 to cover the minor budget deficit associated with this request.
Recommended Action: Approve Change Order No. 3, in the amount of $3,600, for the Todd Grove Park Public Barbecue Facility Project, Specification 23-03, and approve corresponding budget amendment.
BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 30022200.80220.18013: $124,850; 10000000.95300:
$0; 30000000.91100: $0
PROPOSED BUDGET AMOUNT: 30022200.80220.18013: $127,474; 10000000.95300:
$2,624; 30000000.91100: $2,624
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2223191-01 COORDINATED WITH: Rob Gibson, Parks Superintendant; Neil Davis, Director of Community Services DIVERSITY-EQUITY INITIATIVES (DEI): Goal 5 – Instill diversity, equity, and inclusion as essential core elements of policy-making, accountability, and delivery of City services.
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP): N/A
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
TODD GROVE PARK
PUBLIC BBQ FACILITY RECONSTRUCTION
SPECIFICATION NO. 23-03
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
1:00 p.m., February 9, 2023
Todd Grove Park (Right across from Golf Course.)
600 Live Oak Avenue, Ukiah, California 95482
Bids Open: Thursday, February 23, 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
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF COMMUNITY SERVICES
JANUARY 2023
THE TODD PARK i
Spec No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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
THE TODD PARK ii Spec No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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
THE TODD PARK iii Spec No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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 ............................................................................................................... 22 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 .................................................................................................. 26 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 ................................................................................................. 28 13-01. Scope of Work
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 29 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 29
THE TODD PARK iv Spec No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 26 PROPOSAL ............................................................................................................................................. 28 BIDDING SCHEDULE ................................................................................................................................... 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 31 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35 SIGNATURE OF BIDDER ............................................................................................................................. 36 BIDDER'S BOND .......................................................................................................................................... 37 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38 AGREEMENT ............................................................................................................................................. 39 INDEMNIFICATION AGREEMENT .............................................................................................................. 43 EXAMPLE BOND FORMS ............................................................................................................................ 44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 48 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 49
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
APPENDIX A: TODD GROVE BBQ LAYOUT
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR
THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
SPECIFICATION NO. 23-03
NOTICE IS HEREBY GIVEN that sealed standard proposals for THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Thursday, February 23, 2023. Bids shall be addressed to the City Clerk and shall be endorsed “THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION " 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. QUANTITY UNIT DESCRIPTION
1 51 CY REMOVE EXISTING ASPHALT AND CONCRETE
2 142 CY EXCAVATE SUBGRADE
3 145 TON PLACE ASPHALT
4 142 CY PLACE CLASS II BASE ROCK
5 1 EA INSTALL SHADE STRUCTURE
6 2 EA INSTALL 8' PICNIC TABLE
7 8 EA INSTALL 16' PICNIC TABLE
8 5 EA INSTALL BBQ GRILL
9 2 EA INSTALL STANDING PICNIC TABLE
10 1 EA INSTALL DRINKING FOUNTAIN WITH DRAIN
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at [email protected].
A mandatory pre-bid conference will be held at 1:00 p.m. on February 9, 2023 at the project site located at Todd Grove Park, 600 Live Oak Avenue, Ukiah California 95482. The existing barbecue facility is located right across from the golf course.
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 A General Engineering Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.
By order of the City Council, City of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: January 27, 2023
1/20/23
INSTRUCTIONS TO BIDDERS
THE TODD PARK RECONSTRUCTION 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 Sixty (60) 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 1:00 p.m. on February 9, 2023 at the project site located at Todd Grove Park, 600 Live Oak Avenue, Ukiah California 95482. The existing barbecue facility is located right across from the golf course. This meeting is to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive.
THE TODD GROVE PARK
PUBLIC BBQ FACILITY RECONSTRUCTION 1 Spec. No. 23-03
THE TODD GROVE PARK 2 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.
The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.
Bidder Inquiries and Questions
Inquiries and questions must be submitted via 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. The project is located at 600 Live Oak Avenue, Ukiah, California.
THE TODD GROVE PARK 3 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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.
THE TODD GROVE PARK 4 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 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.
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(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the 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.
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Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set 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
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contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $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.
5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The
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Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
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Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and
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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.
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The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently 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.
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Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the 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.
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When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby.
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9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period.
9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work
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satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract.
Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as 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
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Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.
Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.
Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become
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due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar 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,
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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.
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
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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 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. 23
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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 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
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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. The general project location is 600 Live Oak Avenue, Ukiah, California. The scope of work consists of the reconstruction of the Todd Grove Park Public BBQ Facility. The park’s public BBQ area has aged to the point of failure and must be removed and replaced. The work includes but is not limited to asphalt removal and replacement, removal and disposal of BBQ grills and picnic tables, furnish and install a water fountain, ,BBQ grills, picnic tables and topsoil.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.
Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463- 6233.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:
Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.
State - The City of Ukiah
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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
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
The work shall include all necessary labor, equipment and materials to perform the tasks described below:
13-01. SCOPE OF WORK
i. Remove and dispose of existing BBQ grills (1), picnic tables (10 approx. 16’ a piece) and benches, food prep tables (2), drinking fountain (1) and horseshoe facility including sand, stakes, and pressure-treated fence.
ii. Remove and store two existing Bike Racks and Reinstall Bike Racks after reconstruction. iii. Remove and dispose of approximately 190 CY of existing asphalt and native soil. iv. Grade and place approximately 145 TON Hot Mix Asphalt 3” thick over area 8,500 SF All existing asphalt will be removed and replaced within the existing facility footprint, After paving, new picnic tables, associated BBQ facilities, swale, and a shade structure will be installed. v. Place 142 CY of class II base to 6” depth under asphalt and compact to 95% vi. Furnish and Install two group picnic areas as cited in Appendix A:
Area I to include:
Ten, 8’ long picnic tables secured to the ground, three pedestal mounted grills, and one standing level food prep table. Sonoma County Probation Department Picnic tables or similar preferred (Item F02 with 3” boards).
Area II to include:
Eight, 8’ long picnic tables secured to the ground, two pedestal mounted grills, and one standing level food prep table. Pedastal mounted grill to be Pilot Rock Heavy-Duty Steel Park-Style Charcoal Grill — 16in. x 16in., Model# H-16 B6X2 or equivalent.
One 30’ x 30’ shade covering with cover a minimum of 12’ high. Miracle brand “Play Shade Mariner Pyramid (Model: MRPSM004) or similar preferred. vii. Picnic tables, food prep tables, and grills to be bolted to, or securely implanted in, the asphalt viii. Furnish and Install 8’ x 32’ x 1’ swale.
ix. Furnish and Install ADA compatible drinking fountain with drainage to the swale. Elkay LK4420BF1UEVG Free Standing Tubular Drinking Fountain (Evergreen) or equivalent. x. Furnish and Install 6” topsoil to cover the removed Horseshoe area and swale
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SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
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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 33 )
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 35)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page 36)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 37) Filled out completely per instruction
o List of Proposed Subcontractors (Page 38)
Filled out completely per instruction
o Statement of Experience (Page 39)
o Signature of Bidder (Page 40 )
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page 41)
Filled out completely per instruction
o Non-Collusion Affidavit (Page 42 )
Filled out completely per instruction
Notarized
o Addenda Issued
Check the City website for any addenda issued: www.cityofukiah.com/purchasing.
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
Specification No. 23-03
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 #: 23-03
PROJECT NAME: THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1 REMOVE EXISTING ASPHALT AND CONCRETE
CY 51 $__________ $__________________
2 EXCAVATE SUBGRADE
CY 142 $__________ $__________________
3 PLACE ASPHALT
TON 145 $__________ $__________________
4 PLACE CLASS II BASE ROCK
CY 142 $__________ $__________________
5 INSTALL SHADE STRUCTURE
EA 1 $__________ $__________________
6 INSTALL 8' PICNIC TABLE
EA 2 $__________ $__________________
7 INSTALL 16' PICNIC TABLE
EA 8 $__________ $__________________
8 INSTALL BBQ GRILL
EA 5 $__________ $__________________
9 INSTALL STANDING PICNIC TABLE
EA 2 $__________ $__________________
10 INSTALL DRINKING FOUNTAIN WITH DRAIN
EA 1 $__________ $__________________
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____.
THE TODD GROVE PARK 34 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.
Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
THE TODD GROVE PARK 35 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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.
THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
THE TODD GROVE PARK 36 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
THE TODD GROVE PARK 37 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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.)
THE TODD GROVE PARK 38 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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
THE TODD GROVE PARK 39 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
THE TODD GROVE PARK 40 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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: __________________
THE TODD GROVE PARK 41 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on January 27, 2023, for THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION.
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: __________________________________________________________ __________________________________________________________ __________________________________________________________
THE TODD GROVE PARK 42 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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 THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION 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 ____.
THE TODD GROVE PARK 43 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
Specification No. 23-03
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 Sixty (60) 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
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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.
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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.
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.
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PUBLIC BBQ FACILITY RECONSTRUCTION
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.
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
THE TODD GROVE PARK 47 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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: _______________________________________________
THE TODD GROVE PARK 48 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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
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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 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]
THE TODD GROVE PARK Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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) 50
THE TODD GROVE PARK 51 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
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.
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PUBLIC BBQ FACILITY RECONSTRUCTION
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.
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PUBLIC BBQ FACILITY RECONSTRUCTION
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.
THE TODD GROVE PARK 54 Spec. No. 23-03
PUBLIC BBQ FACILITY RECONSTRUCTION
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
_________________________________________________(Seal) BY:______________________________________________(Seal) _________________________________________________(Seal) Surety
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APPENDIX A
TODD GROVE BBQ AREA LAYOUT
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
0 5 10 20
168.6'
69.8'
PRESERVE (E)
ELEC. UTILITY CABINETS
DEMOLITION PLAN
REMOVE EXISTING ASPHALTREMOVE EXISTING CONCRETE SLAB
PAGE 1
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
BIOSWALE AREA
282 SF
SEE DETAIL
0 5 10 20
8' PICNIC TABLE
PLACED END TO END
PEDESTAL MOUNTED
BBQ GRILL
FOOD PREP TABLE
30' X 30' SHADE COVERING
ADA DRINKING FOUNTAIN
IMPROVEMENT PLAN
PLACE 3" ASPHALT OVER 6" COMPACTED CLASS II BASEPLANTED SWALE LOCATION PAGE 2
CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482
AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG
TODD GROVE PARK
BBQ AREA REHABILITATION
8" PLANTING TOPSOIL
6" DRAIN ROCK
SCARIFIED NATIVE SOIL
1.0'
8.0'
3" HMA PAVEMENT
6" CLASS II BASE
COMPACTED NATIVE SOIL
PLAN DETAILS
PAGE 3
SWALE ELEVATION
NOT TO SCALE
PAVING SECTION
NOT TO SCALE
PLANTING PLAN
NOT TO SCALE
CITY OF UKIAH ORDER NO. 1
CONTRACT CHANGE ORDER DATE: September 11, 2023
Contract for (Description of Facility): Todd Grove Park Public BBQ Facility Reconstruction, Specification No. 23-03 Owner: City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482-5400 To (Contractor): MARZ Engineering, 3780 Christy Ln, Ukiah, CA 95482 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications:
Change requested by: City Engineer.
Justification (Detailed and Concise): These items were not included in the original bid documents. Additional work is requested by City.
The amount of the Contract will be (decreased/increased/unchanged) by the estimated sum of: ten thousand three hundred seventy-four dollars and no cents ($10,374.00).
The contract total including this and previous Change Orders will be: one hundred twenty three thousand eight hundred and seventy three dollars and eighty four cents ($123,873.84).
The contract period provided for completion will be (increased/decreased/unchanged): 1 day.
This document will become a supplement to the contract and all provisions will apply hereto.
Approved By:___________________ _______________
(City) Date
Accepted:_______________________ _______________
(Contractor) Date
This information will be issued as a record of any changes to the original construction contract.
Description of Changes - Itemized Breakdown
ESTIMATED
DECREASE To
Contract
Amount
ESTIMATED
INCREASE To
Contract Amount
1. ADA parking; paint parking spot lines per plans, remove the old ADA parking paint lines by painting over them to black out old lines, and remove and replace ADA signage as required by plans.
$10,374.00
2. $0
3. $0
4. . $0
ESTIMATED NET CHANGE IN CONTRACT PRICE $10,374.00
9/11/2023
ATTACHMENT 2
ATTACHMENT 3
MARZ Engineering
3780 Christy Ln.
Ukiah, CA. 95482
[email protected]
(707)856-3007
April 29, 2024
City of Ukiah
300 Seminary Ave.
Ukiah, CA. 95482
Subject: Change Order Request for Todd Grove Park Public BBQ Reconstruction Dear City of Ukiah,
I am writing to formally request a change order for the Todd Grove Park Public BBQ Reconstruction project. As we progress with the project, it has become necessary to make adjustments to the original scope of work outlined in the contract. The following changes are being proposed:
1. Description of Change:
Increase the dimensions of path of travel between two ADA parking spaces from 5 ft. wide to 12 ft. wide and pave 6” to match the asphalt thickness of the road.
2. Rationale:
These changes need to be made because the original location is not compliant for ADA entrance.
3. Cost and Schedule Impacts:
The anticipated impact on cost is an increase of $3,600.00 to contract price.
I kindly request that this change order request be reviewed and considered by the appropriate parties involved in the project. I am available to discuss any questions or concerns regarding these proposed changes at your earliest convenience.
Thank you for your attention to this matter. I look forward to your prompt response.
Sincerely,
Ruth Rodriguez
Office Manager
(707)856-3007
ATTACHMENT 4
Agenda Item No: 8.f.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-195
AGENDA SUMMARY REPORT
SUBJECT: Authorize the City Manager to Execute a Three-Year Renewal Agreement with Governmentjobs.com, Inc. (dba "NEOGOV") for Cloud-Based Recruiting and Onboarding Modules in the Amount of $75,211.56.
DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Sheri Mannion, H.R. Director/Risk Manager PRESENTER: Sheri Mannion, Human Resources/Risk
Management Director
ATTACHMENTS:
1. NEOGOV Services Renewal Agreement
Summary: Council will consider authorizing the City Manager to execute a three-year renewal agreement with Governmentjobs, Inc. (dba "NEOGOV") for cloud-based recruiting and onboarding modules.
Background: The City of Ukiah has contracted with Governmentjobs.com, Inc. (dba "NEOGOV") since 2021 for various components of its online Human Resources Management System. The current subscriptions for Insight, Governmentjob.com, and Onboard are set to expire in June 2024.
Discussion: The Human Resources Department acquired NEOGOV Insight and Onboard modules in 2021, allowing the transition from a 100% paper-based application and new hire process to an electronic process.
Insight is a fully integrated recruitment, selection, and applicant tracking system designed specifically for the public sector where job opportunities are advertised, and applications are completed, stored, and shared with hiring managers. It provides the public with the convenience to apply for open positions online 24/7 from any location. Applicants are able to monitor the status of their application, update as needed, and apply for multiple potions with a click of a button.
The subscription with NEOGOV also provides an online public sector job board service through "Governmentjobs.com." This is the largest public sector website with an average of six million users visiting the website monthly, providing the City with greater exposure to the talent pool throughout California and the United States, and facilitates the attraction of more qualified public sector job applicants.
Onboard provides for a more productive new hire process by streamlining new hire paperwork, processes, and training. New hires are able to access their individual portal prior to beginning work through an interactive tool for reviewing and completing new hire documentation.
The term of the contract (Attachment 1) and expenses will be spread across three years:
Year 1: $23,624.69
Year 2: $25,042.18
Year 3: $26,544.69
Funding for this year's portion of the total expenditure ($23,624.69) is included within the Human Resources budget request for fiscal year 2025. The remaining balance will be budgeted over the subsequent two fiscal years.
NEOGOV is the market and technology leader in human resources software for the public sector. The City has utilized recruitment and applicant tracking services since 2021, and the software contains historical applicant data, including data required under the City's Record Retention Policy. Maintaining an agreement with this vendor provides continuity of service and data management, as well as options for new services to enhance existing functionality. Furthermore, the City has already entered into agreements with NEOGOV to add the Perform & Learn modules and the Human Resources Information System (CoreHR, Payroll, Benefits, and Time & Attendance). Staff are actively building those modules with the end goal of having a completely integrated and paperless Human Resources and Payroll System.
For all the reasons listed above, Staff recommends Council authorize the City Manager to execute a threeyear renewal agreement with Governmentjobs.com Inc. (dba "NEOGOV").
Recommended Action: Authorize the City Manager to execute a three-year renewal agreement with Governmentjobs.com, Inc. (dba "NEOGOV") for cloud-based recruiting and onboarding modules in the amount of $75,211.56.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 20016100.54320: $53,200
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021213
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve CLIMATE INITIATIVES (CI): 8a – Information Technology.
GENERAL PLAN ELEMENTS (GP): N/A
prov
NEOGOV ORDER FORM
NEOGOV:
GovernmentJobs.com, INC. (dba “NEOGOV”)
2120 Park Place, Suite 100
El Segundo, CA 90245
[email protected]
Customer Name & Address:
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Quote Creation Date: 05/07/2024 Contact
Name:
Sheri Mannion
Quote Expiration Date: 30 days from Quote Creation Contact Email: [email protected] Payment Terms Annual. Net 30 from NEOGOV invoice. FTE:
Subscription Start Date: 06/10/2024
Subscription Term (months):36
Fee Summary
Service Description Term Term Fees
Insight Enterprise Subscription (IN) 06/10/2024 - 06/09/2025 $9,752.14 GovernmentJobs.com Subscription (GJC) 06/10/2024 - 06/09/2025 $5,258.92 Onboard Subscription (ON) 06/10/2024 - 06/09/2025 $8,613.63 Candidate Text Messaging (CTM) 06/10/2024 - 06/09/2025 $0.00 2024 - 2025 Total $23,624.69
Insight Enterprise Subscription (IN) 06/10/2025 - 06/09/2026 $10,337.27 GovernmentJobs.com Subscription (GJC) 06/10/2025 - 06/09/2026 $5,574.46 Onboard Subscription (ON) 06/10/2025 - 06/09/2026 $9,130.45 Candidate Text Messaging (CTM) 06/10/2025 - 06/09/2026 $0.00 2025 - 2026 Total $25,042.18
Insight Enterprise Subscription (IN) 06/10/2026 - 06/09/2027 $10,957.50 GovernmentJobs.com Subscription (GJC) 06/10/2025 - 06/09/2026 $5,908.92 Onboard Subscription (ON) 06/10/2026 - 06/09/2027 $9,678.27 Candidate Text Messaging (CTM) 06/10/2026 - 06/09/2027 $0.00 2026 - 2027 Total $26,544.69
Total: $75,211.56
A. Terms and Conditions
1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.
2. Effectiveness & Modification. The Effective Date shall be the Subscription Start Date. This Order Form may not be modified or amended except through a written instrument signed by the parties.
3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.
4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.
B. Special Conditions (if any).
1 Attachment 1
IN WITNESS WHEREOF, this Order has been executed by such party’s duly authorized signatory as of the date set forth below, and such duly authorized signatory consents to the Agreement.
Customer Governmentjobs.com, Inc. (DBA “NEOGOV”)
Entity Name:
Signature:
Print Name:
Date:
2
Agenda Item No: 12.a.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-163
AGENDA SUMMARY REPORT
SUBJECT: The Ukiah City Council Will Receive a Financial Report for the Electric Utility and Consider Adoption of the Proposed Electric Rate Adjustments by Resolution.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:
1. Attach 1 - City of Ukiah vs. PG&E
2. Attach 2 - 2016 Approved Electric Rates
3. Attach 3 - 2022 Approved Electric Rates
4. Attach 4 - Approved Power Cost Surcharge Rider
5. Attach 5 - 2023 Approved Electric Rates
6. Attach 6 - 2024 Proposed Electric Rates
7. Attach 7 - Resolution Adopting Rate Schedule 05152024 Summary: In accordance with Ukiah City Code Division 4, Chapter 6, Sections 3950 through 3957, the City Council will hold a public hearing on May 15, 2024, to receive the City Manager's Report on Electric Utility rates and consider the adoption, by resolution, of the proposed electric rate adjustments. Legal notices were published in accordance with City Code 3953. The Agenda Summary Report and the City Manager's Report are to be considered the same report.
Background: The City of Ukiah's Electric Utility is a publicly owned, nonprofit utility, governed by the Ukiah City Council. The City Council provides oversight and direction and approves rates. As a municipal utility, all costs related to electric service delivery to customers, including generation, labor, maintenance, and capital improvement funds are covered by the revenue collected through rates. Ukiah's rates are, on average, 48% less than other neighboring Mendocino County utilities (Attachment 1).
The Electric Utility has faced significant challenges in the past several years. The wildfires that ravaged parts of Northern California have resulted in increased legislation and costs as utilities fund projects to reduce the chances of additional fires. The financial burden these projects have placed on utilities in a short period of time is significant. As part of the City Utility's wildfire mitigation efforts, several capital improvement projects are in various stages of completion, including undergrounding high voltage lines and re-conducting aging overhead wire in high fire threat areas on the west side of Ukiah. Although grant funding is secured for some of these projects, matching funds are required. Additional maintenance funding has also been budgeted yearly for vegetation management.
Historically, due to the expensive nature of undergrounding, the Utility typically plans and constructs one underground project every 5–7 years. Since 2019, four projects have been developed. Three of these projects are completed and the undergrounding associated with phase two of the Streetscape project is scheduled to be completed in early summer. Two of the four undergrounding projects were unplanned. The acceleration of these projects has more than doubled the Utility's capital output for undergrounding, resulting in a decrease in available funding for other capital improvement projects.
The Utility continues to be impacted by inflation and supply chain delays. The cost of materials has increased
significantly. Electrical PVC conduit costs have risen 400% since 2019, transformer costs have increased over 60% and lead times have increased from 32 weeks to over 2 years. Other materials have increased between 10-80%.
Energy prices hugely impacted the Utility in 2022 and 2023 with a 28% increase in 2022 and an additional 12% in 2023. Previous years saw roughly 3-5% increases year over year. Although there is a recent downward trend and prices seem to have stabilized, they remain 30% higher than in 2020.
In 2016, Council approved the first electric rate increase in 20 years, implemented over a 5-year period (Attachment 2). Council approved an additional 5-year rate increase in January 2022 (Attachment 3). Unfortunately, only a portion of the cost pressures the industry was experiencing were entirely visible for rate development. Power costs accelerated at an unprecedented clip, increasing over 40% in two years. To mitigate this volatility, Council approved the Power Cost Surcharge (PCS) (Attachment 4), which has, and will continue to deal with the fluctuations in the energy market. The PCS provided the financial support the Utility needed and has been reduced for three consecutive quarters to account for the recent decrease in energy costs. In 2023, Council approved eliminating the last three installments of the 2022 rate increase and replacing them with two new increases (Attachment 5) with the understanding that the Utility would continue to perform cost of service analysis annually to ensure revenue keeps up with expenses.
Discussion: The Utility, once again, contracted with Borismetrics to perform the 2024 cost of service analysis. The analysis considers all costs associated with providing Ukiah customers; generation, transmission, distribution and capital projects. Additionally, the analysis includes a factor for anticipated projects that will help meet the electrification and renewable mandates set forth by the State. The proposed rate changes will provide adequate funding to meet these goals.
The proposed rate tables (Attachment 6) apply to residential, commercial and industrial customers. The CARES program that assists residential customers with paying for their electric bills is available and the Customer Service Department can assist customers needing to access this program. All other rates will remain in effect.
Staff recommends Council receive financial report for the Electric Utility and approve the proposed electric rate adjustments by resolution (Attachment 7).
Recommended Action: Receive financial report for the Electric Utility and approve the proposed electric rate adjustments by resolution.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):
CLIMATE INITIATIVES (CI): 1b – Increase renewable power production and storage.
GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element
Attachment 1
Attachment 2
Proposed City of Ukiah Electric Rates
Winter Rates effective November 1-April 30
Summer Rates effective May 1-October 31
(The amended rates will apply to the first full month’s consumption following the rate’s effective date)
Residential Single Phase: Electric Rate E1 (Basic Service), E2 (All Electric) All Electric Rate (E2) will be closed to new customers effective 1/1/2017. Current customers will be allowed to stay on the rate no matter how they qualified. Other rate discounts and or adjustments to baseline quantities for various programs such as but not exclusive of senior and life support will remain the same. The minimum charge will be billed if the sum of the basic and the energy charges are less than the minimum charge amount.
Rate by effective date 1/1/2017 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Base line Quantities, per kWh,
$/kWh
$0.12040 $0.12410 $0.12790 $0.13180 $0.13580
Exceeding Base line
Quantities, per kWh, $/kWh
$0.15800 $0.16280 $0.16770 $0.17280 $0.17800
Minimum Monthly Billing,
$/Month
$5.00 $5.00 $5.00 $5.00 $5.00
Basic Monthly Charge for
Monthly KWh less than 200
kWh per month, $/Month
$0.50 $0.52 $0.54 $0.56 $0.58
Basic Monthly Charge for
Monthly KWh greater than or
equal to 200 kWh per month
and less than 550 kWh per
month, $/Month
$1.00 $1.03 $1.07 $1.11 $1.15
Basic Monthly Charge for
Monthly KWh greater than or
equal to 550 kWh per month ,
$/Month
$1.50 $1.55 $1.60 $1.65 $1.70
BASELINE QUANTITIES (kWh PER MONTH)
Basic Service
WINTER
360
SUMMER
360
All Electric 660 360
Attachment 2
General Service: Electric Rate E5, E6, C5, C6, E55, E51 This rate schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase and three phase alternating current loads in which energy use is less than 144,000 kWh per meter for 12 consecutive months. This schedule will not be applicable to commercial uses permitted by the City under a Home Occupation Permit.
Effective Date 1/1/2017 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Energy Rates, $/kWh
Winter $0.17066 $0.17578 $0.18106 $0.18650 $0.19210
Summer $0.12663 $0.13043 $0.13435 $0.13839 $0.14255
Base Charge, $/month
Single Phase (E5) $8.66 $8.92 $9.19 $9.47 $9.76
Poly-phase (E6) $9.69 $9.99 $10.29 $10.60 $10.92
X-Ray (E51) $21.63 $22.28 $22.95 $23.64 $24.35
Minimum Charge , $/Month
2nd Meter (E55) $8.66 $8.92 $9.19 $9.47 $9.76
Attachment 2
General Service with Demand: Electric Rate E7, C7
This rate is applicable to commercial and non-residential lighting, heating, and all single phase and three phase loads in which energy use is 144,000 kWh or greater per meter for 12 consecutive months. The customer bill will consist of a basic month charge, energy and demand charges.
DEMAND CHARGE
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15 minute intervals: the highest 15 minute average kW use in the month will be the customer’s maximum demand.
Effective Date 1/1/2017 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Energy Rates, $/kWh
Winter $0.09094 $0.09367 $0.09649 $0.09939 $0.10238
Summer $0.11295 $0.11634 $0.11984 $0.12344 $0.12715
Basic Charge, $/Month $72.72 $74.91 $77.16 $79.48 $81.87 Demand Charge, $/kW
Winter $4.18 $4.31 $4.44 $4.58 $4.72
Summer $6.65 $6.85 $7.06 $7.28 $7.50
Attachment 2
General Large Industrial Service with Demand: E-1
This schedule is applicable to large industrial production, lighting, heating and all single and three phase loads in which energy use is an average of 75,000 kWh monthly or greater with a demand of 200 kW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined).
The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components.
DEMAND CHARGE
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15 minute intervals: the highest 15 minute average kW use in the month will be the customer’s maximum demand.
Effective Date 1/1/2017 7/1/2017 7/1/2018 7/1/2019 7/1/2020 Energy Rates $/kWh
Winter $0.07034 $0.07246 $0.07464 $0.07688 $0.07919
Summer $0.09235 $0.09513 $0.09799 $0.10093 $0.10396
Base Charge
$/Month $72.72 $74.91 $77.16 $79.48 $81.87
Demand Charge $/kW
Winter $4.18 $4.31 $4.44 $4.58 $4.72
Summer $6.65 $6.85 $7.06 $7.28 $7.50
Attachment 2
Attachment 3
P a g e 1 | 5
City of Ukiah Electric Rates
Residential Service Electric Rate E1, E2*
(The amended rates will apply to the first full month’s consumption following the rate’s effective date) BASELINE QUANTITIES (kWh PER MONTH)
Basic Service (E1)
WINTER
(Nov 1-Apr 30)
360
SUMMER
(May 1 -Oct 31)
360
All Electric E2* 660
360
*All Electric Rate E2 was closed to new customers effective 1/1/2017. Current customers will be allowed to stay on the rate no matter how they qualified. Other rate discounts and or adjustments to baseline quantities for various programs such as but not exclusive of senior and life support will remain the same. The minimum charge will be billed if the sum of the basic and the energy charges are less than the minimum charge amount.
Kwh less than
Baseline
($/kWh)
kWh equal to or
Greater than
Baseline
($/kWh)
Less than
200 kWh per
month
201-550
kWh per
month
Greater than
550 kWh per
month
1 April 1,2022 $0.14797 $0.19395 $1.00 $1.75 $2.75 $5.00 2 April 1, 2023 $0.16009 $0.20983 $2.00 $3.19 $4.56 $5.00 3 April 1, 2024 $0.17344 $0.22733 $3.00 $4.63 $6.38 $5.00 4 April 1, 2025 $0.18837 $0.24691 $4.00 $6.06 $8.19 $5.00 5 April 1, 2026 $0.20493 $0.26861 $5.00 $7.50 $10.00 $5.00 Mimimun
monthly
charge
Residential Service Electric Rate E1, E2*
Rate Year
Rate
effective
date
Energy kWh Charge Monthly Fixed Charge - per KWH level
Attachment 3
P a g e 2 | 5
City of Ukiah Electric Rates
Small Commercial Service Electric Rate E5, E6, C5, C6
This rate schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase and three phase alternating current loads in which energy use is less that 144,000 kWh per meter for 12 consecutive months. This schedule will not be applicable to commercial uses permitted by the City under a Home Occupation Permit.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
*New electric accounts with intermittent loads (used infrequently) and disconnected within the last 12 months shall be charged $50 in addition to all other new account fees Winter Summer E5/C5 E6/C6
1 April 1, 2022 $0.16090 $0.20010 $15.50 $16.50
2 April 1,2023 $0.17619 $0.21911 $17.21 $18.32
3 April 1,2024 $0.19292 $0.23992 $19.10 $20.33
4 April 1, 2025 $0.21125 $0.26272 $20.91 $22.26
5 April 1, 2026 $0.23132 $0.28768 $22.90 $24.38
Small Commercial Service Electric Rate E5, E6, C5, C6
Rate Year
Rate
effective
date
Energy Charge ($/kWh) Monthly fixed charge ($)
Attachment 3
P a g e 3 | 5
City of Ukiah Electric Rates
Medium/Large Commercial Service with Demand Electric Rate E7, C7 This rate is applicable to commercial and non-residential lighting, heating, and all single phase and three phase loads in which energy use is 144,000 kWh or greater per meter for 12 consecutive months. The customer bill will consist of a basic month charge, energy and demand charges.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u te intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
1 April 1, 2022 $0.11139 $0.13834 $5.48 $8.10 $114.62
2 April 1, 2023 $0.12108 $0.15037 $6.42 $8.85 $137.54
3 April 1,2024 $0.13260 $0.16470 $7.03 $9.69 $150.61
4 April 1, 2025 $0.14520 $0.18030 $7.70 $10.61 $164.92
5 April 1, 2026 $0.15900 $0.19740 $8.43 $11.62 $180.59
Rate
effective
date
Energy Charge ($/kWh) Demand Charge ($/kW)
Monthly
Fixed Charge
($)
Medium/Large Commercial Service with Demand Electric Rate E7, C7 Rate Year
Attachment 3
P a g e 4 | 5
City of Ukiah Electric Rates
Industrial Service with Demand Electric Rate I1
Thisschedule is applicable to large industrial production, lighting, heating and allsingle and three phase loads in which energy use is an average of 75,000 kWh monthly or greater with a demand of 200 kW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined).
The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u t e intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
1 April 1, 2022 $0.08608 $0.11300 $5.29 $8.10 $143.27
2 April 1, 2023 $0.09426 $0.12374 $5.92 $8.83 $179.09
3 April 1,2024 $0.10320 $0.13550 $6.48 $9.67 $196.10
4 April 1, 2025 $0.11300 $0.14840 $7.10 $10.59 $214.73
5 April 1, 2026 $0.12370 $0.16250 $7.77 $11.60 $235.13
Industrial Service with Demand Electric Rate I1 (Replaces EI Rate) Rate Year
Rate
effective
date
Energy Charge ($/kWh) Demand Charge ($/kW)
Monthly
Fixed Charge
($)
Attachment 3
P a g e 5 | 5
City of Ukiah Electric Rates
Ukiah Green Energy Program
For customers wishing to promote the development and use of renewable energy; the City of Ukiah offers a 100 % Green electric rate. This rate is available to all Ukiah electric customers.
The City will procure, on the customer’s behalf, Renewable Energy to match the customer’s monthly energy consumption. Customers choosing the Green Rate will incur an additional
2.021 cents per kWh for every kWh consumed during the billing period. The 100% Green Rate will be updated yearly and will be based on renewable energy cost, delivery costs and imposed fees. Customers may opt into the program anytime and may opt out any time after the second complete billing cycle on the program. 100% Green Energy Rate
Program: Ukiah Green Energy Rate: Billing Period:
Ukiah Green Energy 0.02021 per kWh Monthly
Attachment 4
Amended Power Cost Surcharge Rider
Resolution 2023- Adopted February 1, 2023
Supersedes Resolution 2022-54
City of Ukiah Amended Power Cost Surcharge Rider
This amends the City of Ukiah Power Cost Surcharge Rider as per Resolution No. 2023- The Power Cost Surcharge (Surcharge) is a per kilowatt-hour (kWh) charge that is used to ensure an adequate revenue stream to cover all power costs incurred by Ukiah Electric’s system: including generation, management of Utility owned facilities, and transmission costs through Northern California Power Agency (NCPA). The Surcharge will be assessed to all customers as an additional charge per kWh to their standard rate.
Calculation:
A 12-month running sum of actual metered dollars invoiced and metered kWh of load for the previous 12 months of the NCPA Net All Resources Bill (ARB) will be maintained. The Surcharge Factor for a particular month will be calculated as the previous12-month sum of actual metered NCPA net ARB invoiced amounts divided by the previous 12-month sum of the NCPA ARB metered kWh monthly loads adjusted for distribution losses and for bill timing adjustments. The Surcharge is set as the difference between Surcharge Factor of quarterly and the January 2022 Surcharge Factor. The Surcharge can be negative or positive.
The Surcharge is implemented quarterly on March 1
st, June 1st
, September 1st, and
December 1st, with the first Power Cost Surcharge to begin on March 1, 2023.
Attachment 5
P a g e 1 | 4
City of Ukiah Electric Rates
Residential Service Electric Rate E1, E2*
BASELINE QUANTITIES (kWh PER MONTH)
Basic Service (E1)
WINTER
(Nov 1-Apr 30)
360
SUMMER
(May 1 -Oct 31)
360
All Electric E2* 660
360
This rate schedule is applicable to residential electric service. Other rate discounts and or adjustments to baseline quantities for various programs such as but not exclusive of senior and life support will remain the same. The minimum charge will be billed if the sum of the basic and the energy charges are less than the minimum charge amount. *All Electric Rate E2 was closed to new customers effective 1/1/2017. Current customers will be allowed to stay on the rate no matter how they qualified.
Attachment 5
P a g e 2 | 4
City of Ukiah Electric Rates
Small Commercial Service Electric Rate E5, E6, C5, C6
This rate schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase and three phase alternating current loads in which energy use is less that 144,000 kWh per meter for 12 consecutive months. This schedule will not be applicable to commercial uses permitted by the City under a Home Occupation Permit.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Note: New electric accounts with intermittent loads (used infrequently) and disconnected within the last 12 months shall be charged $50 in addition to all other new account fees Winter Summer E5/C5 E6/C6
3 July 1, 2023 $0.19733 $0.24540 $19.28 $20.52
4 January 1, 2024 $0.21608 $0.26872 $21.11 $22.47
Small Commercial Service Electric Rate E5, E6, C5, C6
R
a
t
Rate Effective
Date
Energy Charge ($/kWh) Monthly fixed charge($)
Attachment 5
P a g e 3 | 4
City of Ukiah Electric Rates
Medium/Large Commercial Service with Demand Electric Rate E7, C7 This rate is applicable to commercial and non-residential lighting, heating, and all single phase and three phase loads in which energy use is 144,000 kWh or greater per meter for 12 consecutive months. The customer bill will consist of a basic month charge, energy and demand charges.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u te intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2023 $0.13561 $0.16841 $7.19 $9.91 $154.04
January 1, 2024 $0.14849 $0.18441 $7.87 $10.85 $168.68
Medium/Large Commercial Service with Demand Electric Rate E7, C7 Rate Effective
Date
Energy Charge ($/kWh) Demand Charge ($/kW) Monthly Fixed Charge
($)
Attachment 5
P a g e 4 | 4
City of Ukiah Electric Rates
Industrial Service with Demand Electric Rate I1
Thisschedule is applicable to large industrial production, lighting, heating and allsingle and three phase loads in which energy use is an average of 75,000 kWh monthly or greater with a demand of 200 kW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined).
The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u t e intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2023 $0.10557 $0.13859 $6.63 $9.89 $200.58
January 1, 2024 $0.11560 $0.15175 $7.26 $10.83 $219.64
Industrial Service with Demand Electric Rate I1
Rate Effective
Date
Energy Charge ($/kWh) Demand Charge ($/kW) Monthly Fixed Charge ($)
Attachment 6
P a g e 1 | 4
Ukiah City Council Resolution #
City of Ukiah Electric Rates
Residential Service Electric Rate E1, E2*
BASELINE QUANTITIES (kWh PER MONTH)
Basic Service (E1)
WINTER
(Nov 1-Apr 30)
360
SUMMER
(May 1 -Oct 31)
360
All Electric E2* 660
360
This rate schedule is applicable to residential electric service. Other rate discounts and or adjustments to baseline quantities for various programs, such as but not exclusive of senior and life support will remain the same. The minimum charge will be billed if the sum of the basic and the energy charges are less than the minimum charge amount. *All Electric Rate E2 was closed to new customers effective 1/1/2017. Current customers will be allowed to stay on the rate no matter how they qualified.
Residential Electric Service E1, E2*
Energy Charge $/kWh Monthly Fixed Charge by
kWh level Minimum
July 1, 2024 $0.21070 $0.27618 $4.88 $7.57 $11.11 $5.00 January 1, 2025 $0.22610 $0.29636 $5.32 $8.43 $13.46 $5.00 July 1, 2025 $0.24150 $0.31655 $5.80 $9.40 $16.31 $5.00 January 1, 2026 $0.25790 $0.33804 $6.32 $10.47 $19.76 $5.00 January 1, 2027 $0.27380 $0.35888 $6.88 $11.67 $23.94 $5.00 January 1, 2028 $0.29100 $0.38143 $7.50 $13.00 $29.00 $5.00 Rate Effective Date Greater
than 550
kWh per
month
Minimum
Monthly
Charge
kWh less
than Baseline
$/kWh
kWh equal to
or greater
than Baseline
$/kWh
Less than
200kWh
per month
201-550
kWh per
month
Attachment 6
P a g e 2 | 4
Ukiah City Council Resolution #
City of Ukiah Electric Rates
Small Commercial Service Electric Rate E5, E6, C5, C6, E55 This rate schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase (E5) and three phase (E6) alternating current loads in which energy use is less than 144,000 kWh per meter for 12 consecutive months. This schedule will not be applicable to commercial uses permitted by the City under a Home Occupation Permit.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Small Commercial Electric Service Rate E5, E6, C5, C6, E55 Energy Charge $/kWh Monthly Fixed Charge $
Winter Summer
E5/C5
Single Phase
E6/C6
Poly Phase
E55
Extra Meter
July 1, 2024 $0.23010 $0.28616 $26.39 $28.09 $26.39
January 1, 2025 $0.24736 $0.30762 $28.37 $30.19 $28.37
July 1, 2025 $0.26467 $0.32915 $30.35 $32.31 $30.35
January 1, 2026 $0.28320 $0.35219 $32.48 $34.57 $32.48
January 1, 2027 $0.30161 $0.37508 $34.59 $36.82 $34.59
January 1, 2028 $0.32121 $0.39946 $36.84 $39.21 $36.84
Effective Date
Attachment 6
P a g e 3 | 4
Ukiah City Council Resolution #
City of Ukiah Electric Rates
Medium/Large Commercial Service with Demand Electric Rate E7, C7 This rate is applicable to commercial and non-residential lighting, heating, and all single phase and three phase loads in which energy use is 144,000 kWh or greater per meter for 12 consecutive months. The customer bill will consist of a basic month charge, energy and demand charges.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u te intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2024 $0.16055 $0.19266 $9.05 $11.94 $210.73
January 1, 2025 $0.17259 $0.20711 $9.73 $12.83 $226.53
July 1, 2025 $0.18467 $0.22161 $10.41 $13.73 $242.39
January 1, 2026 $0.19760 $0.23712 $11.14 $14.69 $259.35 January 1, 2027 $0.21044 $0.25253 $11.86 $15.64 $276.21 January 1, 2028 $0.22412 $0.26895 $12.63 $16.66 $294.17 Effective Date Energy Charge $/kWh Demand Charge $/kW Monthly Fixed Charge
Medium/Large Commercial Electric Service with Demand Rate E7, C7
Attachment 6
P a g e 4 | 4
Ukiah City Council Resolution #
City of Ukiah Electric Rates
Industrial Service with Demand Electric Rate I1
Thisschedule is applicable to large industrial production, lighting, heating and allsingle and three phase loads in which energy use is an average of 75,000 kWh monthly or greater with a demand of 200 kW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined).
The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u t e intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2024 $0.12380 $0.16251 $8.35 $11.59 $236.11
January 1, 2025 $0.13309 $0.17470 $8.98 $12.46 $253.82
July 1, 2025 $0.14240 $0.18693 $9.60 $13.33 $271.59
January 1, 2026 $0.15237 $0.20002 $10.28 $14.26 $290.60 January 1, 2027 $0.16227 $0.21302 $10.94 $15.19 $309.49 January 1, 2028 $0.17282 $0.22686 $11.65 $16.18 $329.61 Industrial Electric Service with Demand I1
Effective Date Energy Charge $/kWh Demand Charge $/kW Monthly Fixed Charge
Attachment 7
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING ELECTRIC UTILITY RATE SCHEDULE ADJUSTMENTS COMMENCING JULY 1, 2024.
WHEREAS: The City of Ukiah (“City”) provides electric utility service to residents and businesses in the City, and Ukiah Electric Utility is the City’s publicly owned electric utility with the City Council providing local governance and oversight; and WHEREAS: The City has operated the municipal electric utility for more than 110 years and the electric rates are based on the cost to provide service; and WHEREAS: Cost-of-service rates are established to provide Ukiah customers with power that includes generation, transmission, and distribution components; and WHEREAS: Borismetrics Consulting developed a proforma detailing the revenue requirements for Fiscal Years 2024-25, 2025-26, 2026-27, and 2027-28 with input from Staff; and
WHEREAS: The revenue requirements detailed in the proforma show increases in the cost to provide the City with electric service; and
WHEREAS: The fair and reasonable allocation of costs to provide electric service is required by California’s Proposition 26, Article XIII-C, Section 1 of the California Constitution and the proforma ensures that the proposed electric rates comply with California’s Proposition 26; and
WHEREAS: In accordance with the Ukiah City Code Division 4, Chapter 6, Sections 3950 through 3957, the City Council will hold a public hearing on June 7, 2023, to receive the City Manager’s Report on electric utility energy rates and consider adoption by resolution of proposed electric rate increases. Legal notices were published successfully in accordance with City Code section 3953; and
WHEREAS: The City Manager and Staff recommend implementing the proposed increases, starting in July 2024 as shown in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah determines that each of the findings set forth above is true and correct.
BE IT FURTHER RESOLVED that the City Council of the City of Ukiah hereby adopts the Proposed Electric Rates, as set forth in Exhibit A and that these rates shall be effective the first billing cycle of July 2024, unless otherwise ordered by the City Council on May 15, 2024.
All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for service remain unaltered and in full effect and the City Clerk shall cause the publication of this resolution in the Ukiah Daily Journal within 10 days following City Council action on May 15, 2024, pursuant to the provisions of Section 3957 of the Ukiah City Code.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah on the 15th day of May 2024, by the following roll call vote:
Attachment 7
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Josefina Duenas, Mayor
ATTEST:
_____________________________
Kristine Lawler, City Clerk
Attachment 7
Exhibit A
City of Ukiah Electric Rates
Residential Service Electric Rate E1, E2*
BASELINE QUANTITIES (kWh PER MONTH)
Basic Service (E1)
WINTER
(Nov 1-Apr 30)
360
SUMMER
(May 1 -Oct 31)
360
All Electric E2* 660
360
This rate schedule is applicable to residential electric service. Other rate discounts and or adjustments to baseline quantities for various programs, such as but not exclusive of senior and life support will remain the same. The minimum charge will be billed if the sum of the basic and the energy charges are less than the minimum charge amount.
*All Electric Rate E2 was closed to new customers effective 1/1/2017. Current customers will be allowed to stay on the rate no matter how they qualified.
Residential Electric Service E1, E2*
Energy Charge $/kWh Monthly Fixed Charge by
kWh level Minimum
July 1, 2024 $0.21070 $0.27618 $4.88 $7.57 $11.11 $5.00 January 1, 2025 $0.22610 $0.29636 $5.32 $8.43 $13.46 $5.00 July 1, 2025 $0.24150 $0.31655 $5.80 $9.40 $16.31 $5.00 January 1, 2026 $0.25790 $0.33804 $6.32 $10.47 $19.76 $5.00 January 1, 2027 $0.27380 $0.35888 $6.88 $11.67 $23.94 $5.00 January 1, 2028 $0.29100 $0.38143 $7.50 $13.00 $29.00 $5.00 Rate Effective Date Greater
than 550
kWh per
month
Minimum
Monthly
Charge
kWh less
than Baseline
$/kWh
kWh equal to
or greater
than Baseline
$/kWh
Less than
200kWh
per month
201-550
kWh per
month
Attachment 7
Small Commercial Service Electric Rate E5, E6, C5, C6, E55 This rate schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase (E5) and three phase (E6) alternating current loads in which energy use is less than 144,000 kWh per meter for 12 consecutive months. This schedule will not be applicable to commercial uses permitted by the City under a Home Occupation Permit.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Small Commercial Electric Service Rate E5, E6, C5, C6, E55 Energy Charge $/kWh Monthly Fixed Charge $
Winter Summer
E5/C5
Single Phase
E6/C6
Poly Phase
E55
Extra Meter
July 1, 2024 $0.23010 $0.28616 $26.39 $28.09 $26.39
January 1, 2025 $0.24736 $0.30762 $28.37 $30.19 $28.37
July 1, 2025 $0.26467 $0.32915 $30.35 $32.31 $30.35
January 1, 2026 $0.28320 $0.35219 $32.48 $34.57 $32.48
January 1, 2027 $0.30161 $0.37508 $34.59 $36.82 $34.59
January 1, 2028 $0.32121 $0.39946 $36.84 $39.21 $36.84
Effective Date
Attachment 7
Medium/Large Commercial Service with Demand Electric Rate E7, C7 This rate is applicable to commercial and non-residential lighting, heating, and all single phase and three phase loads in which energy use is 144,000 kWh or greater per meter for 12 consecutive months. The customer bill will consist of a basic month charge, energy and demand charges.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u t e intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2024 $0.16055 $0.19266 $9.05 $11.94 $210.73
January 1, 2025 $0.17259 $0.20711 $9.73 $12.83 $226.53
July 1, 2025 $0.18467 $0.22161 $10.41 $13.73 $242.39
January 1, 2026 $0.19760 $0.23712 $11.14 $14.69 $259.35 January 1, 2027 $0.21044 $0.25253 $11.86 $15.64 $276.21 January 1, 2028 $0.22412 $0.26895 $12.63 $16.66 $294.17 Effective Date Energy Charge $/kWh Demand Charge $/kW Monthly Fixed Charge
Medium/Large Commercial Electric Service with Demand Rate E7, C7
Attachment 7
Industrial Service with Demand Electric Rate I1
This schedule is applicable to large industrial production, lighting, heating and all single and three phase loads in which energy use is an average of 75,000 kWh monthly or greater with a demand of 200 kW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined).
The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components.
Demand Charge
The customer will be billed for demand according to the customer’s “maximum kilowatt demand” each month. The number of kilowatt (kW) used will be recorded over 15- m i n u t e intervals: the highest 15-minute average kW use in the month will be the customer’s maximum demand.
WINTER (Nov 1 – Apr 30)
SUMMER (May 1 – Oct 31)
Winter Summer Winter Summer
July 1, 2024 $0.12380 $0.16251 $8.35 $11.59 $236.11
January 1, 2025 $0.13309 $0.17470 $8.98 $12.46 $253.82
July 1, 2025 $0.14240 $0.18693 $9.60 $13.33 $271.59
January 1, 2026 $0.15237 $0.20002 $10.28 $14.26 $290.60 January 1, 2027 $0.16227 $0.21302 $10.94 $15.19 $309.49 January 1, 2028 $0.17282 $0.22686 $11.65 $16.18 $329.61 Industrial Electric Service with Demand I1
Effective Date Energy Charge $/kWh Demand Charge $/kW Monthly Fixed Charge
Agenda Item No: 13.a.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-173
AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution to Remove On-Street Parking on the West Side of Main Street, from the Intersection of Mill Street to Norton Street.
DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, City Engineer/Director of Public Works
ATTACHMENTS:
1. No Parking - Packet
2. Resolution - DRAFT
Summary: Council will consider adoption of a resolution to remove on-street parking on the west side of Main Street, from the intersection of Mill Street to Norton Street.
Background: "Complete streets" is a transportation policy and design approach that requires streets to be planned, designed, operated and maintained to enable safe, convenient and comfortable travel and access for users of all ages and abilities regardless of their mode of transportation. The California Complete Streets Act (AB1358), adopted in 2008, requires that cities and counties incorporate “Complete Street” policies when updating their General Plan Circulation Element.
In order to incorporate Complete Streets principles, the design by Engineering Staff included buffered bike lanes on Main Street as part of the Urban Core Rehabilitation and Transportation Project. This item will provide a significant benefit to the multimodal community. The design has been approved by the Ukiah City Council, but the elimination of parking along the west side of the street is also required to accommodate the bike lanes.
Discussion: On April 17, 2024, Public Works sent out a notice informing stakeholders (property owners and occupants of those addresses) of the proposal to remove on-street parking along the west side of Main Street between Mill Street and Norton Street. A copy of the notice can be found in Attachment 1.
The results of removing the on-street parking are depicted on the map (in Attachment 1) included in the notice.
Staff is recommending that Council adopt the Resolution (Attachment 2) removing the on-street parking on the west side of Main Street between Mill Street and Norton Street.
Recommended Action: Adopt a resolution removing on-street parking on the western side of Main Street from the intersection of Mill Street to Norton Street.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Andrew Stricklin, Senior Engineer and Tim Eriksen, City Engineer/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-A5 - Environment and Sustainability Element GP-A4 - Public Facilities, Services, and Infrastructure Element
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone:(707) 463-6200 · www.cityofukiah.com
Monday May 6, 2024
Main Street Property Owner/Resident
RE: 2nd notice - Proposed no parking on for west side on Main Street between Mill Street and Norton Street
To Whom it may concern:
The enclosed flyer provides some general information about the Urban Core Rehabilitation and Transportation Project (UCRT) – or the improvement of Main, Perkins, and Gobbi Streets, which includes utility replacement, pedestrian improvements, and the repaving of roadway on Main Street. This additional notice is to inform you regarding a specific portion of that project, the removal of parking on the west side of Main Street between Mill Street and Norton Street as shown on the back of this letter. The purpose of this change is to install protected bike lanes for this area.
The proposal will be presented and discussed at the May 15, 2024 City Council Meeting held within the City of Ukiah Civic Center at 300 Seminary Ave. Instructions on how to attend this meeting virtually can be found at http://www.cityofukiah.com/meetings/ If you have questions or would like additional information prior to the Council Meeting you may contact the Public Works Senior Engineer, Andrew Stricklin at (707)463-6297 or [email protected].
Sincerely,
Tim Eriksen
Director of Public Works/City Engineer, City of Ukiah
ATTACHMENT 1
Mill Street
Norton Street
WEST CHURCH STREET
SO
UTH
BUSH
STREET
LESLIE
STRE
ET
WEST STEPHENSON STREET
NORTH
PIN
E
STREET
WEST CLAY STREET
NORTH
OAK
STREET
PEACH STREET
CLEVELAND LANE
HENRY STREET
M
A
S
O
N
S
T
REET
S
O
U
T
H
S
TAT
E
S
T
R
E
E
T
OLGA PLACE
SOUTH
MAIN
STREET
WEST SMITH STREET
N
O
R
T
H
S
TAT
E
S
T
R
E
E
T
HAMILTON STREET
WEST MILL STREET
WEST STANDLEY STREET
N
O
RT
H
MAIN
STREET
SNUFFIN
NORTH
SCHOOL
STREET
S
OUTH
OAK
S
T
REET
SOUTH
PIN
E
STREET
SO
UT
H
SCHOO
L
S
TREET
WEST PERKINS STREET
NORTON STREET
EAST PERKINS STREET
SCOTT STREET
H
OS
PITAL
D
RIVE
MORRIS STREET
EAST STANDLEY STREET
EAST CHURCH STREET
EAST SMITH STREET
EAST STEPHENSON STREET
EAST CLAY STREET
SEMINARY AVENUE
EAST MILL STREET
JONES STREET
PROPOSED NO PARKING WEST SIDE - MILL ST. TO NORTON ST.
´
0 250 500
Feet Document Path: Q:\Stricklin, Andrew\GIS Maps\GIS\Projects\Parking\No Parking on Mill Street.mxd This map is a guide. Every reasonable
effort has been made to ensure the accuracy
of the map and data provided. Parcel lines
are not intended to represent surveyed data.
Date Saved: 2/27/2024 10:01:51 AM
Public Works
No Parking - West Side Main St.
RESOLUTION 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET
PARKING ALONG MAIN STREET BETWEEN MILL STREET AND NORTON STREET
ALONG WESTERN SIDE OF ROAD
WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and
WHEREAS, Public Works is implementing Complete Streets concepts in concert with the Complete Street Ad Hoc; and
WHEREAS, Public Works has identified Main Street as a corridor that has opportunities for multi-modal form of travel; and
WHEREAS, the City Engineer has considered the request in May 2024, to establish the no parking zone within the City of Ukiah; and
WHEREAS, the City Engineer recommends this request regarding the no parking zone.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on Main Street at a location determined by the City Engineer, and as depicted in Exhibit A.
PASSED AND ADOPTED this 15th day of May, 2024 by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________
Josefina Dueñas, Mayor
ATTEST:
_______________________
Kristine Lawler, City Clerk
ATTACHMENT 2
Mill Street
Norton Street
WEST CHURCH STREET
SOUTH BUSH STREET
LESLIE STREET
WEST STEPHENSON STREET
NORTH PINE STREET
WEST CLAY STREET
NORTH OAK STREET
PEACH STREET
CLEVELAND LANE
HENRY STREET
MASON STREET
SOUTH STATE STREET
OLGA PLACE
SOUTH MAIN STREET
WEST SMITH STREET
NORTH STATE STREET
HAMILTON STREET
WEST MILL STREET
WEST STANDLEY STREET
N
O
RT
H
MAIN
STREET
SNUFFIN
NORTH
SCHOOL
STREET
S
OUTH
OAK
S
T
REET
SOUTH PINE STREET
SO
UT
H
SCHOO
L
S
TREET
WEST PERKINS STREET
NORTON STREET
EAST PERKINS STREET
SCOTT STREET
HOSPITAL DRIVE
MORRIS STREET
EAST STANDLEY STREET
EAST CHURCH STREET
EAST SMITH STREET
EAST STEPHENSON STREET
EAST CLAY STREET
SEMINARY AVENUE
EAST MILL STREET
JONES STREET
EXHIBIT A
´
0 250 500
Feet
Document Path: Q:\Stricklin, Andrew\GIS Maps\GIS\Projects\Parking\No Parking on Mill Street.mxd This map is a guide. Every reasonable
effort has been made to ensure the accuracy
of the map and data provided. Parcel lines
are not intended to represent surveyed data.
Date Saved: 2/27/2024 10:01:51 AM
Public Works
No Parking - West Side Main St.
Agenda Item No: 13.b.
MEETING DATE/TIME: 5/15/2024
ITEM NO: 2024-162
AGENDA SUMMARY REPORT
SUBJECT: Receive Report and Recommendations Regarding Research into the Existing Fee Discount Categories of Select Services of the Planning Division of the Community Development Department, and Provide Direction as Necessary to Staff.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. 2024 Fees for Planning Permits and Related Services
2. 2024 Planning Permits Fee Schedule Supplement
3. Planning Division Fee Schedule Discounts Report May 2024
4. Fee Reductions-Discounts Table 2-21-24
Summary: Council will receive a report and recommendations regarding research into the existing fee discount categories of select services of the Planning Division of the Community Development Department, and provide direction to Staff.
Background: On February 21, 2024, City Council adopted Resolution No. 2024-05, establishing updated fees for the Planning and Building divisions of the Community Development Department (CDD). As part of the staff report prepared for the item, and in response to input received from the Fee Schedule (now, the Zoning Reform) Ad Hoc, Staff made two additional recommendations that were directed by Council. Specifically:
1. Staff to revise the layout of the online fee schedule posted on the webpage of the Planning Division and available at the front counter such that terms are well-explained and the information is easier to access/understand; and
2. Staff to do further research and analysis into the existing fee reduction categories and present a report to Council with recommendations on those fee reductions. Such report would be produced for Council review within four months, or by June 30, 2024.
Staff revised the layout of the online fee schedule posted on the webpage of the Planning Division (https://cityofukiah.com/community-development/planning-services/) and available at the front counter (Attachment 1). To ensure terms are well-explained and the information easier to access/understand, Staff also developed a new supplement (Attachment 2) to the Planning Division's fee schedule, which is also accessible online and at the front counter of the Community Development Department.
With Task 1 completed, the purpose of this staff report is to present a report and recommendations regarding Task 2- research into the existing fee discount categories of select services of the Planning Division.
Discussion: To complete research into the origin of the existing fee discount categories of select services of the Planning Division and arrive at recommendations, Staff reviewed staff reports and agenda packets dating back to 2002 and planning permit applications dating back to 2016. A complete report containing details of this research is included as Attachment 3. A list of the existing fee schedule discounts is included as Attachment 4.
Below are conclusions and recommendations.
Conclusions
1. Based on the research and analysis in this report, Staff finds no evidence that the fee discounts incentivized development of the types of projects originally envisioned. Developers have commented throughout the last seven years that they are primarily seeking certainty in the entitlement process, rather than reduced fees.
2. Planning approaches such as "performance zoning," where a city or county adopts an administrative approval process for certain uses that meet objective performance standards, may prove more effective in incentivizing the types of projects first envisioned within the 2016 fee schedule.
3. Current State laws, such as the California Building Code, mandate such energy conservation and solar measures listed on the 2016 fee schedule. Where not mandated by State law, the City has integrated many of the Project Design and Energy and Water Conservation features into the Objective Design and Development Standards for new housing projects. The same types of standards could be designed for commercial projects.
Recommendations
Staff recommends Council provide direction to Staff on how to proceed. Below are proposed recommendations, based on the conclusions reached in this report, for Council's consideration.
1. Direct Staff and the Zoning Reform Ad Hoc to explore the development of a new Administrative Use Permit (AUP) and/or make additional recommendations on how to streamline entitlement processes. After preliminary discussions with the Zoning Reform Ad Hoc, at the minimum AUPs may be appropriate for former "level 1" minor permit types, as well as public art, community gardens, outdoor dining, live entertainment, sidewalk cafes, and tasting rooms.
2. Direct Staff to bring back an amendment to the existing fee schedule at a future Council meeting to remove fee discounts and/or make additional changes to fees for AUPs and other planning permits.
Staff believes the above two tasks can be completed within three months, or by August 1, 2024.
Recommended Action: Receive a report and recommendations regarding research into the existing fee discount categories of select services of the Planning Division of the Community Development Department, and provide direction to Staff.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Zoning Reform Ad Hoc; Jesse Davis, Chief Planning Manager DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A
2024 Fees for Planning Permits and Related Services
Application fees for planning and related entitlement permit services are collected at the time an application is submitted. These fees were established by the City Council to more fully recover the costs of staff time spent reviewing and processing the applications. Fees can be submitted via phone or at the counter of the Community Development Department, 300 Seminary Avenue, Ukiah. Please make checks payable to “City of Ukiah.”
In general, there are two application fee types: “flat fee” applications and “cost recovery” applications. Flat fee applications require one single fee collected at time of application submittal. No additional fees are collected, nor are any fees refunded, regardless of the final cost of processing the application by the City.
For cost recovery applications, the applicant pays an initial deposit, and the City invoices against the initial deposit based on the “fully burdened” hourly rate of the staff person performing work pertaining to the application. Upon exhaustion of the initial deposit, additional deposits are requested until:
1) Application withdrawal, either by the applicant or administratively by the Community Development Director due to a prolonged lack of activity/responsiveness from the applicant; or 2) Signed letter of approval of the entitlement. The fully burdened hourly rate includes pay, benefits, and City overhead/administration costs.
Application Type Adopted Fee
Address Change $100
Amendment to Major Site Development Permit and/or Major Use Permit Amendment – Major $3,000 Deposit/Cost Recovery (1)
Amendment – Minor $1,000
Annexation $3,000 Deposit/Cost Recovery (1)
Appeal of Major or Minor Site Development and/or Use Permit By Project Applicant $500 Deposit/Cost Recovery (1)
By Public $500
Boundary Line Adjustments (BLA)s and Lot Mergers
BLA or Merger $500
BLA or Merger – Residentially Zoned Parcels $350 per application BLA or Merger – Affordable Housing Project $260 per application (2) BLA or Merger – Special Housing Needs Project $170 per application (2) Building Permit Planning Review (“Plan Check”) fee – added to building permit fee at building permit issuance
$50
Business License $0 (for planning staff review)
California Environmental Quality Act (CEQA)
Archeological Search for Environmental Review SSU Northwest Information Center Fee (3)
CEQA Document Filing and Recording $50 or current recording fee for CEQA document filing as posted by
the Mendocino County Clerk
Recorder’s Office
Special CEQA Document or Complex Initial Environmental Study Full Consultant Fee plus 15% Administration Fee
CEQA Environmental Impact Report (EIR) Full Consultant Fee plus 15% Administration Fee
Planning Services Division
300 Seminary Avenue
Ukiah, CA 95482
[email protected]
www.cityofukiah.com/planning-services
Phone: (707) 463-6203
Fax: (707) 463-6204
ATTACHMENT 1
California Fish & Wildlife (CDFW) Filing Fee – EIR Fee set annually by CDFW and subject to increase January 1 (4)
CDFW Filing Fee – Negative or Mitigated Negative Declarations Fee set annually by CDFW and subject to increase January 1 (4)
CEQA Mitigation Monitoring $200
Cannabis Related Business Use Permit Renewal Fee $1,000 Deposit/Cost Recovery (1) Certificate of Compliance (to recognize existing parcels) $350 Demolition Permit Historical Review – added to building permit fee (For structures older than 50 years)
$350
Determinations of Appropriate Use
Community Development Director Determination $500
General Plan Amendment $3,000 Deposit/Cost Recovery (1) General Plan/Advance Planning Maintenance Fee – added to building permit fee
15% of total building permit cost
(Building Permit, Mechanical
Permit, Electrical Permit, Plumbing
Permit, and Plan Check)
Mural Permit
For murals on private property $450
For murals on public property $0
Outdoor Dining Permit
New Outdoor Dining Permit $0 (5)
Renewal of Existing Outdoor Dining Permit $50
Photocopying costs
1 – 5 pages No cost
More than 5 pages $0.10 per page
Pre-Application Review and Planning Staff Zoning Research Planning Commission $300 Deposit/Cost Recovery (1)
Planning Division Staff Level 1 (less than 1 hour of time) $0 Planning Division Staff Level 2 (more than 1 hour of time) $200 Deposit/Cost Recovery (1) Review by Project Review Committee $250
Public Hearing Continuation Request
Continuations requested by Applicant that require re-noticing $200 Reproduction of the following documents and plans:
Documents and Maps $30
2040 Ukiah General Plan or earlier Ukiah General Plans $30 City of Ukiah Zoning Ordinance $30
City of Ukiah Subdivision Ordinance $30
Bike and Pedestrian Master Plan $30
Ukiah Municipal Airport Master Plan $15
City of Ukiah Landscaping Guidelines $15
City of Ukiah Design Guidelines (1992) $15
Creek Plans $30
2040 Ukiah General Plan Map or earlier Ukiah General Plan Maps $30 Zoning Map $5.00-$30.00
Other Plans (misc. maps, graphics, and reports) $5.00-$30.00 Planned Developments
Planned Development $3,000 Deposit/Cost Recovery (1)
Planned Development – Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Planned Development – Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Pre-zoning or Rezoning $3,000 Deposit/Cost Recovery (1) Sign Permit
Minor (up to 1 hour of staff time) $50
Major (more than 1 hour of staff time) $150
Site Development Permits
Major $3,000 Deposit (1)
Major – Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Major – Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Minor $1,000
Minor – Affordable Housing Project $800
Minor – Special Housing Needs Project $600
Site Development Permit – Amendments
Major Amendment $3,000 Deposit/Cost Recovery (1)
Minor Amendment $1,000
Site Inspection Request
Property owner/Applicant $0
Specific Plan/Master Plan
Specific Plan/Master Plan Review $3,000 Deposit/Cost Recovery (1) Specific Plan/Master Plan Review – Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Specific Plan/Master Plan Review – Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Subdivision
Major $3,000 Deposit/Cost Recovery (1)
Major – Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Major – Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Minor $1,000
Minor – Affordable Housing Project $800
Minor – Special Housing Needs Project $600
Exception (Minor Subdivisions) $500
Exception (Minor Subdivisions) – Affordable Housing Project $400 Exception (Minor Subdivisions) – Special Housing Needs Project $200 Modification to Recorded Subdivision Map $600
Time Extension for Subdivision/Parcel Map $200
Temporary Objects/Sidewalk Café Encroachment Permit
Planning Fee $50 / Public Works Fee $45 $95
Use Permit
Major $3,000 Deposit/Cost Recovery (1)
Major – Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Major – Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Minor $1,000
Use Permit – Amendments
Major Amendment $3,000 Deposit/Cost Recovery (1)
Minor Amendment $1,000
Variance
Major (seeking more than 50% relief from the Code) $3,000 Deposit/Cost Recovery (1) Major - Affordable Housing Project $2,400 Deposit/Cost Recovery (2) Special Housing Needs Project $1,800 Deposit/Cost Recovery (2) Minor (seeking less than 50% relief from the Code) $1,000 Violation/Penalty
Proceeding with use/construction/activity without required permit Double the Cost of the Permit (1) The application is subject to full cost recovery of staff time and materials required to process the application.
Applicants will be billed for the full cost of processing the application based on staff time, utilizing the fully burdened hourly rate for each staff position spending time on the application, overhead, and materials. (2) Affordable Housing and Special Needs Housing Applications are discounted to 80% and 60%, respectively, of the application fees associated with the primary application type. See below table for additional detail. (3) The total of all fees for archeological searches through SSU’s Northwest Information Center is required.
These fees are published on SSU’s Northwest Information Center webpage. (4) Fees for each CEQA determination- EIR, ND, MND- are published annually on CDFW’s webpage:
https://wildlife.ca.gov/Conservation/Environmental-Review/CEQA/Fees. (5) Fee for New Outdoor Dining Permits is $450 but has been waived per Council direction. See below table.
Community Development Department Staff Fully Burdened Hourly Rates (For cost recovery project applications)
Chief Planning Manager $ 123.05
Community Development Technician II $ 48.76
Chief Building Official $ 126.48
Community Development Director $ 174.28
Community Development Technician I $ 63.22
Fee Reductions / Discounts Table
The following fee reductions and discounts shall be applied to all new planning related applications, per the associated application type.
Description of Application Types Qualifying
for Fee Reduction/Discount
Amount of Fee Reduction/Discount
Project Design: Solar PV, LEED certification, public
access easement (creeks, streets, pedestrian paths,
etc.), substantial over-planting of trees, significant
creek restoration and/or public access, and similar
design elements.
80% cost recovery rather than 100% on
Planning Permits
Downtown Businesses: Planning Applications
made by downtown businesses (DZC area) – new
business or expansion of existing business
80% cost recovery rather than 100% on
Planning Permits
Industrial/Light Manufacturing: Planning Applications for industrial or light manufacturing businesses.
80% cost recovery rather than 100% on
Planning Permits
Public Art: Locally inspired publicly “accessible” art
included as prominent component in project
80% cost recovery rather than 100% on
Planning Permits
Community gardens, outdoor dining, live entertainment,
sidewalk cafés and tasting rooms.
No Planning Permit or Fees required – must
comply with specific standards
Energy and Water Conservation: Installation of
significant energy or water conservation fixtures,
appliances or equipment beyond green building code
requirements.
80% cost recovery rather than 100% on
Planning Permits
Affordable Housing Projects: Projects restricting 100%
of units to qualifying tenants and homeowners with
incomes of no more than 80% of Mendocino County Area
Median Income.
80% deposit and 80% cost recovery rather than
100% on Planning Permits
Special Needs Housing Projects: Projects involving
permanent supportive rental housing for special needs
individuals, such as individuals experiencing
homelessness and/or with mental illness.
60% deposit and 60% cost recovery rather than
100% on Planning Permits
Supplement to City of Ukiah Fee Schedule
Descriptions and Definitions of Applications and Terms
Overview
This supplement has been prepared to describe common planning application types, as well as defining how and when such applications would be pursued. As cited, definitions are taken from Ukiah City Code (UCC). When helpful for context, additional definitions may be provided.
1. BOUNDARY LINE ADJUSTMENTS (LOT LINE ADJUSTMENTS)
Definition (UCC 8295): As provided by Subdivision Map Act section 66412(d), the lot line adjustment procedure is for the purpose of relocating lot lines between four (4) or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not created. For the purpose of this chapter, "adjoining" means touching.
Application Procedure (UCC 8296):
A. Application Submittal And Contents: A lot line adjustment application shall include a completed application form and all information and other materials required by the Public Works Department and shall be filed with the Planning Division of the Community Development Department.
B. Application Fees: Application fees shall be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. An applicant must pay the fee when the application is submitted. See City Fee Schedule published online.
C. Application Review: City staff shall review the application for completeness and accuracy.
The application may be referred to any City department or any public agency that may be affected or have an interest in the proposed lot line adjustment.
D. Environmental Review: A lot line adjustment is considered a ministerial project and for that reason is not subject to environmental review under the California Environmental Quality Act ("CEQA"). See Pub. Resources Code section 21080, subds. (a), (b)(1) and Sierra Club v. Napa County Bd. of Supervisors (Cal. App. 1st Dist. 2012) 205 Cal. App. 4th 162.
E. Public Notice: No public notice is required as the lot line adjustment application is a ministerial action.
F. Concurrent Permit Processing: When a lot line adjustment is part of a project that requires one or more discretionary planning entitlements and the applicant does not want the lot line adjustment unless the entire project is approved, then the lot line adjustment shall be reviewed ATTACHMENT 2
as part of the discretionary planning application. In that event, all permits and approvals, including the lot line adjustment, shall be combined into one application, processed concurrently, and acted upon by the highest review authority required by this code based on the entitlements included in the application. (Ord. 1138, §2 (Exh. A), adopted 2012) Approval/Denial:
The City Engineer shall determine whether the parcels resulting from the adjustment will conform with the applicable provisions of this chapter, the City’s General Plan and Zoning Ordinance, Ukiah Municipal Airport Master Plan, and the California Building and related codes as adopted in the City (hereafter "Building Code"). The City Engineer may approve, conditionally approve, or deny the lot line adjustment in compliance with UCC section 8297.
Note: although the City Engineer makes decisions on applications for boundary line adjustments, application materials are to be submitted to the Planning Division of the Community Development Department. Planning Division staff process boundary line adjustment applications and make recommendations to the City Engineer.
2. LOT MERGERS (PARCEL MERGERS)
Application Procedure (UCC 8299.1): Upon request of the legal owner of contiguous parcels, the City may approve the merger of the property in compliance with Subdivision Map Act section 66499.20 3/4. The request shall be in writing and shall be accompanied by data and documents as required by the City Engineer. (Ord. 1138, §3 (Exh. A), adopted 2012 Review Authority (UCC 8299.2): The City Engineer shall review and approve or conditionally approve each proposed merger when in compliance with Map Act section 66451.11. The City Engineer may refer any proposed merger to any department or agency that may have an interest in the merger. (Ord. 1138, §3 (Exh. A), adopted 2012)
Note: although the City Engineer makes decisions on applications for lot mergers, application materials are to be submitted to the Planning Division of the Community Development Department. Planning Division staff process lot merger applications and make recommendations to the City Engineer.
3. CERTIFICATE OF COMPLIANCE
Description (Subdivision Map Act): a legal document which certifies that a parcel of land complies with the Subdivision Map Act. Within the City of Ukiah, a Certificate of Compliance means the City recognizes that a particular parcel of real property has been legally created.
4. CONDITIONAL USE PERMITS (USE PERMITS)
Purpose: A type of discretionary planning permit, the purpose of a Use Permit is to provide flexibility by allowing land uses identified by the zoning ordinance as “permitted uses” when the use can be found compatible with surrounding land uses and when the use would not be detrimental to the public health, safety, or welfare. A Use Permit is required for uses identified as “Permitted Uses” in the zoning ordinance. Also, in certain zoning districts the maximum height requirement may be exceeded with approval of a Use Permit.
Types/Approval Authority: Depending on the scope and size of the project, Use Permits are reviewed and decided upon by the Zoning Administrator (Minor Use Permits) or Planning