Ukiah City Council
June 19, 2024

Ukiah Electric Utility Wildfire Mitigation Plan
18 Attachment 2
Valley Fire Authority.:
• Use unmanned aerial vehicles during high fire threat daysfor early detection, infrared inspection of hard to reach areas, and other uses in the interest of public safety; •
• Communication system upgrades for wildfire and disaster response and recovery; • Customer reporting tools for safety issues.

D. STRATEGY - OPERATIONAL PRACTICES
UEU will operate the system in a manner that will minimize potential wildfire risks including taking all reasonable and practicable actions to minimize the risk of a catastrophic wildfire caused by UEU electric facilities. UEU will take corrective action for deficiencies when the staff witnesses or is notified of improperly install or maintained fire protection measures. In addition to those general principles, several new operational practices will help reduce the risk of wildfire and improve the response time in the event of a fire including:
• During high wildfire, threat periods (red flag warnings) perform only essential work and light work that can be completed while performing observations in areas of concern.

Staff may be placed at Orchard substation and Mendocino Hydroelectric power plant with an electrical technician or lineman, posting linemen in various parts of the city where the fire danger is higher, and having other field personnel patrolling the city. All personnel will directly report to Fire/Police any hazardous observations. All available UEU Staff placed on standby.
• Collect and maintain wildfire and system data necessary for the implementation and evaluation of this Wildfire Mitigation Plan.

E. STRATEGY - SYSTEM HARDENING
UEU’s electric facilities are designed, constructed, and maintained to meet or exceed the relevant federal, state, or industry standard. UEU treats CPUC General Order (GO) 95 as a key industry standard for design and construction standards for overhead electrical facilities. UEU meets or exceeds all standards in GO 95. Additionally, UEU monitors and follows, as appropriate, the National Electric Safety Code. In addition to standards, UEU develops a 5-year capital improvement plan that is considering some or all of the following:
• Addition of remote-controlled field reclosers possibly with arc detection technology; • Clearing poles with operating devices of flammable vegetation around them with a radius of 12’. Perform this for every wood pole with operating devices in the system for resiliency;
• Provide or clear additional access paths along power line easements and to ensure access and ability to perform maintenance.

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Ukiah Electric Utility Wildfire Mitigation Plan
19 Attachment 2
• As 115KV transmission poles reach end of useful life for Tier 2 areas, replace with steel poles in kind.
• Engineering – Revise construction standards to implement arc suppression components, raptor framing,squirrel guards, tree wire, lightening arresters, and arc suppression fusing. • Create design standards for new equipment for remote controlled reclosers and implement into the SCADA system.
• Convert overhead lines to underground as feasible and economic; • Alternative Technologies- UEU will consider the feasibility of implementing alternative technologies, such as wire-break sensing and arc detection technology, as they become available and cost-effective.
• Replacement of overhead fuses with current limiting, non-arcing models in Tier 2 areas.

F. STRATEGY - PUBLIC SAFETY AND NOTIFICATION
The following is part of this WMP is to ensure a high level of communication with the community during high fire threat periods and disasters.
• Coordinate with UVFA and UPD through the City’s EOC during emergencies or large scale outages;
• Utilize communications protocol with County EOC and/or Health and Human Services for notifications to vulnerable groups by utilizing available resources such as reverse 911, Nixle and other City and County wide notification systems; • Actively update social media using the COU Communications Team.

G. STRATEGY - RECLOSING AND DEENERGIZATION
UEU has prioritized monitoring local and real-time conditions to make proactive decisions regarding power shutoffs and re-energizations. UEU leverages its compact service territory and advanced strategies for ongoing risk assessment and real-time monitoring of local weather, ground conditions, and other system threats. This approach allows UEU to be more responsive to actual hazards, ensuring that power shutoffs are enacted timely and in consultation with the City’s Office of Emergency Management, Ukiah Valley Fire Authority, Ukiah Police Department, Cal Fire, and other public safety service partners. This approach is used for the following reasons: Staff is evaluating and designing changes to our protection system so that during fire season circuits that are faulted do not attempt to reclose. UEU is currently in the process of designing and installing reclosers with radio communication to allow for remotely changing the reclose parameters. Currently three recloser locations are planned. We will continue to shut off power when directed to by Ukiah Valley Fire, Police, Cal Fire, or other emergency responding agencies. UEU will not preemptively shut off power during high fire threat periods for the following reasons:
• Our service territory is only 4.3 square miles and relatively compact and visible with proper technology;
• UEU expanded wildfire mitigation activities, including enhanced vegetation management and undergrounding beyond the Tier 2 threat areas in an effort to prevent any ignitions near the higher threat areas;
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Ukiah Electric Utility Wildfire Mitigation Plan
20 Attachment 2
• Over 50% of the City’s 77 miles of distribution is underground; • All law enforcement, fire and hospital facilities are within Tier 1 boundaries; • Turning off the powerin response to regional forecasts and other limited conditions, rather than localized, real time observations, could negatively affect a large portion of UEU’s small service territory. put the community at higher risk to wildfire as it could impact water supplies and also create abnormal human activity that could increase opportunity for firenegatively impact ;
• We plan to have rReal-time information from staff located in areas identified as at risk of being subject to extreme weather conditions;
• UEU may disable automatic reclosing, enable fast-trip protection, or both, on circuits that traverse Tier 2 areas or are considered a fire risk when local conditions indicate it is necessary;
• We plan to use system hardening, situational awareness, vegetation management and the other strategies to avoid shutting off power.

H. STRATEGY - WILDFIRE RESPONSE & RECOVERY
• During a high fire threat event, stage fire protection equipment in a ready status and the COU EOC on standby;
• Staff critical assets for coverage and necessary shift changes during fire events; • Wildfire Response: Execute the City’s EOP
• The City of Ukiah Electric Utility is a member of the California Utility Emergency Association, which plays a key role in ensuring communications between utilities during emergencies including mutual aid. UEU also participate in the Western Energy Institute’s Western Region Mutual Assistance Agreement, which is a mutual assistance agreement covering utilities across a number ofseveral western states.

I. PROGRAM – UEU WILDFIRE PREVENTION PROGRAM Appendix A J. PROGRAM – UEU Capital Improvement Plan
K. PROGRAM – COU EMERGENCY OPERATIONS PLAN
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Ukiah Electric Utility Wildfire Mitigation Plan
21 Attachment 2

6. COMMUNITY OUTREACH AND EDUCATION
COU, UVFA, UPD and UEU will maintain a proactive outreach and education strategy to create public awareness of fire threats, fire prevention, and available support during a wildfire or large power outages. Prior to an emergency, communication will include regular messages related to wildfire prevention, such as right-of-way management, tree trimming, line inspection, or other relevant topics. Methods of communication will include newsletters (Power Line Newsletter), website updates, social media posts, and public service announcements.

7. RESTORATION OF SERVICE [PRC-8387 (b)(2)(M)]
In the event of a wildfire or other emergency event, UEU will staff up to coordinate activities to restore service. UEU will restore power, following an event, in cooperation with UVFA, UPD, and COU Departments.

UEU management will oversee restoration and response activities. In the event thatIf additional staff is needed, UEU may leverage mutual aid agencies, other City of Ukiah staff, and local aid organizations. The utility may also engage contractors on an as-needed basis.

The following describes the steps typically taken to begin the restoration process:

Assessment. UEU crews must patrol each line segment to determine the extent of damage that has occurred. The patrol involves assessing equipment access issues, any cleanup/debris removal issues and determining personal protective equipment requirements for the crews. UEU works with the local agency in charge of the fire to access impacted areas as soon as the area is deemed safe by fire officials.

Planning. After initial assessment, UEU supervisors, managers and engineers meet to plan the needed work. The team will work with system operations to prioritize the restoration efforts, targeting the circuits that serve the most critical infrastructure needs.

Mobilize. Based on the size and complexity of the rebuild/restoration efforts, UEU will coordinate the crews and material needs internally if possible. Mutual aid and contractors may be used on an “as needed” basis to provide additional support. Though UEU maintains a material vendor list and has contracts it can draw on for labor and material needs; though in instance of widespread catastrophic damage necessary materials and labor could experience shortages that may delay work.

Rebuild. The rebuild effort lead by UEU will commence as soon as areas become safe and accessible. The initial efforts will be to get the lines up and restore the damaged circuits.

Depending on the extent of damage, demolition may be performed concurrently or after crews start installing new facilities. UEU will incorporate new materials and technologies as indicated and available.

Ukiah Electric Utility Wildfire Mitigation Plan
22 Attachment 2
Restore. UEU, mutual aid, or contract crews will restore electric services to homes and businesses as soon as possible after the wildfire. Depending on the extent of damages, residential and business customers may have to perform repairs on their facilities and pass inspections by local agencies prior to having full electric service restored.

In most cases, the following restoration priorities will be followed depending on the specific incident and available resources:
• Public safety in the affected areas;
• Worker safety in performing the restoration work;
• Life-support or critical customers;
• Critical infrastructure Hospitals, Key medical, City & County facilities and accounts; Sheriff’s Department and jail, City Police and Fire Departments, other key utility facilities (e.g., water, sewage, gas, citywide communications), Incident Command Site or Base Camp, Incident Evacuation Centers, local broadcast and radio Stations, etc.); • Major commercial activities/accounts critical to continuity of community services (e.g., gas stations, food stores, home supply stores, repair shops, eateries and lodging facilities, financial institutions, etc.;
• Reduce the total number of customers affected;
• Reduce the length of time customers have been without power.

In directing restoration efforts to best achieve the above priorities, UEU Operations Group personnel will generally find it most efficient to dedicate restoration resources to the following types of facilities in the following order of priority to optimally restore electric services:
• Transmission circuit (115 kV);
• Substation and Mendocino Power Plant Facilities;
• Distribution circuits (600 Amp -12 kV);
• Distribution feeders (200 Amp – 12 kV);
• Distribution transformers;
• Service lines.

8. EVALUATION OF THE PLAN [PRC-8387 (b)(2)(N)]
A. METRICS FOR MEASURING PLAN PERFORMANCE [PRC-8387 (b)(2)(D)] The purpose of the WMP is to reduce wildfires caused by utility equipment and the incident rate of utility caused wildfires as the primary metric. Other metrics exist to determine if the risk of wildfire is being reduced. Five primary metrics are identified and will be used to measure the effectiveness of UEU’s WMP. Note that SP 901 requires consideration of how previous versions of the WMP’s metrics have informed the current WMP. Two metrics were originally used in the WMP during years 2020 and 2022; Fire Ignitions and Wires Down. UEU felt that the two original metrics were not sufficient to adequately assess the performance of the plan therefore, for the 2023 WMP update, UEU has added additional metrics to increase oversight into potential ignition sources.

Ukiah Electric Utility Wildfire Mitigation Plan
23 Attachment 2
Metric 1: Fire Ignitions
For purposes of this metric, a fire ignition is defined as follows:
a) UEU facility was associated with the fire;
b) The fire was self-propagating and of a material other than electrical and/or communication facilities;
c) UEU has knowledge that the fire occurred.

In future Wildfire Mitigation Plans, UEU will provide information on any known ignitions. The table below provides a summary of known ignitions.

The intent of this metric is to review and investigate equipment that due to its design, age, construction, or condition should be replaced to reduce the risk of wildfire. There was one ignition in 2019 outside of the fire threat area due to a failed porcelain insulator that ignited a rosemary bush at the base of a pole, and it was extinguished before traveling more than one linear meter from the ignition point. This ignition did not meet the City’s definition of ignition in the 2020 WMP. The definition has beenwas revised in the 2023 WMP to include all ignitions, regardless of the distance of travel. In 2023, a grass fire was started in the Tier 1 area due to a vehicular accident. The fire was contained quickly.

Metric 2: Wires Down
The second metric is the number of distribution and transmission wires downed within UEU’s service territory. For purposes of this metric, a wires down event includes any instance where an electric transmission or primary distribution conductorfallsto the ground or onto a foreign object.

UEU will divide the wires down metric between wires down inside and outside of the High Fire Threat District. UEU will not normalize this metric by excluding unusual events, such as severe storms. Instead, UEU willsupplement this metric with a qualitative description of any such unusual events. The table below summarizes known instances of wires down.

Calendar Year
2020 2021 2022
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Ignitions caused by
Utility Equipment
0 0 0 0 0 0
Calendar Year
2020 2021 2022 2023
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Ignitions caused by
Utility Equipment
0 0 0 0 0 0 0 1*
* 2023 Grass fire caused by vehicular accident resulting in significant damage to pole and subsequently wire down. Page 189 of 792 Ukiah Electric Utility Wildfire Mitigation Plan
24 Attachment 2
Metric 3: Inspection Records and Maintenance
System inspections and timely maintenance is one of the leading methods to improve system safety and reliability. UEU follows GO 95 and GO 165 for inspection schedules and performs additional patrols of overhead lines in high fire threat areas yearly, beginning in the spring of each year. Needed maintenance or repairs identified during these inspections will be tracked and given priority in the work schedule.

Metric 4: Vegetation Management
UEU maintains proper vegetation clearance from utility lines with the assistance of qualified highvoltage tree trimming contractors. The contractors work under the direction of the utility’s Superintendent to ensure that proper clearance is met. Vegetation management is completed on a yearly basis. All 27 Grids in UEU’s service territory are trimmed every year.

Calendar Year
2020 2021 2022
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Wires Down 0 1 0 1* 0 0
* This incident of wires down was caused by a car crashing into the pole.

Calendar Year
2020 2021 2022 2023
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Wires Down 0 1 0 1* 0 0 0 3
* This incident of wires down was caused by a car crashing into the pole.

Calendar Year
2020 2021 2022
Metric
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Inspection Records 27 27 27 0 27 0
Detailed Inspections of all OH lines and equipment for all 27 Grids were completed in 2019 and again in 2020 Calendar Year
2020 2021 2022 2023
Metric
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Grids
Completed -
Patrols
Grids
Completed -
Detailed
Inspection Records 27 27 27 0 27 0 0* 0**
* No formal records were produced, however, Journeyman patrols are completed regularly. ** Detailed inspections scheduled for summer 2024 Page 190 of 792 Ukiah Electric Utility Wildfire Mitigation Plan
25 Attachment 2
Metric 5: Overhead Equipment Failures
The failure of overhead utility equipment can be a source of ignition. This metric will provide the data to recognize any patterns that can be identified to ensure that equipment is replaced proactively. The number of failures will be reported annually.

B. IMPACT OF METRICS ON PLAN
In the initial years,UEUanticipatesthatthere will be relatively limited data gathered through these metrics. However, asthe data collection history becomesmore robust,UEU will be able to identify areas of its operations and service territory that are disproportionately impacted. UEU will then evaluate potential improvements to the plan.

C. MONITORING AND AUDITING THE PLAN
Review of this WMP will occur annually and any lessons learned will have the highest priority for improving steps in the plan, any reference programs, and the process for implementation. UEU will present this plan to the Ukiah City Council on an annual basis. The comprehensiveness of this WMP will be assessed by and independent evaluator with experience in assessing the safe operation of electrical infrastructure. The independent evaluator shall issue a report that will be presented to the Ukiah City Council and be made available on the City’s Website.

D. IDENTIFYING AND CORRECTING DEFICIENCIES IN THE PLAN
UEU staff and qualified external stakeholders are encouraged to identify Wildfire Mitigation Plan deficiencies or potential deficiencies to the Electric Utility Director as soon as possible when observed. The Electric Utility Director shall evaluate each reported deficiency and, if the deficiency is determined to be a valid plan deficiency, it shall be entered into a log with the following information:
• Date the deficiency was discovered;
• Description of the deficiency;
Calendar Year
2020 2021 2022
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Overhead Equipment
Failure
2 1 0 0 0 1
Calendar Year
2020 2021 2022 2023
Metric
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
UEU Territory
Inside Tier 2
Threat Area
UEU Territory
Outside FT
Area
Overhead Equipment
Failure
2 1 0 0 0 1 1 1

Ukiah Electric Utility Wildfire Mitigation Plan
26 Attachment 2
• Source identifying the deficiency (e.g., Internal Audit); • Priority based on deficiency severity;
• Assigned corrective action including the date when it must be completed by; • Assigned staff responsible for completing the corrective action; • Date corrective action completed.

The Electric Utility Director will go over the log at regularly scheduled Leadership and Supervisor Meetings.

During the 2023, major revision of UEU’s WMP, it was determined that the original metrics implemented in the original WMP were not sufficient and needed to be reviewed to ensure that the WMP met UEU’s high standards of service. Additional metrics with data from the 2020-2022 years were added to the 2023 revision of the plan and will continue to be monitored.

E. MONITORING THE EFFECTIVENESS OF INSPECTIONS
UEU will perform inspections on either an annual, 5-year or 10-year cycle, based on GO 95 and GO 165 or fire mitigation recommendations. Any areas found that need improvement or appear hazardous will be documented with a work order, given a priority, and the work order will be tracked. When completed the work order will have a close date.

The Electric Utility Director will assign qualified internal staff or engage a third party to review and audit the equipment and line inspection programs called out in the Wildfire Mitigation Plan after the completion of the first six months of the plan. The assigned auditor will:
• Review records for the inspection programs;
• Interview staff performing inspections to assess their knowledge of the inspection programs;
• Monitor staff performing inspection activities;
• Review deficiencies noted in the programs;
• Identify systemic issues or problems;
• Note the timeliness of corrective actions;
• Pick a random sample of some completed corrective actions and verify the effectiveness of the corrective actions; and
• Issue a written report of findings.

The Superintendent of Utility Operations will review the audit findings and assign corrective action as applicable. A copy of the audit report will be routed to the Director.

9. INDEPENDENT AUDITOR
Public Utilities Code section 8387(c) requires UEU to contract with a qualified independent evaluator with experience in assessing the safe operation of electrical infrastructure to review and assess the comprehensiveness of this Wildfire Mitigation Plan.

Ukiah Electric Utility Wildfire Mitigation Plan
27 Attachment 2
UEU had the Plan reviewed using Power Engineers in June of 2020 following initial approval of the City Council in November 2019.

The report from the independent evaluator is available on UEU’s website. The results of the independent evaluator were presented to the Ukiah City Council at a public meeting on June 17, 2020.

Subsequent revisions of the WMP, including the 2023 major update will be presented to the Ukiah Valley Fire Chief to evaluate the plan. The Fire Chief’s comments will be treated as an independent auditor and will be incorporated, as needed, into future revisions.

Ukiah Electric Utility Wildfire Mitigation Plan
28 Attachment 2
Appendix A
Ukiah Electric Utility Wildfire Prevention Program

1. Introduction
A. Purpose
The purpose of the Ukiah Electric Utility (UEU) Wildfire Prevention Program is to establish a framework for the electric utility to conduct an effective, coordinated program to prevent catastrophic impacts to its infrastructure from wildfire. This program is a significant component of the UEU Wildfire Mitigation Plan required by SB901. The Program aims to prevent the start of wildfires from utility operations in and around the City of Ukiah.

B. Goals & Objectives
a. Prevent electric utility caused wildfire by identifying hazards that pose a potential threat of ignition.
b. Prioritize prevention efforts by increasing inspections on overhead lines in tier 2 fire threat areas.
c. Improve and increase fuel reduction activities conducted during inspections. d. Develop enhanced inspection techniques using Infrared Technology. e. Develop a drone inspection program for overhead lines. f. Create community awareness for utility wildfire prevention.

2. Strategy/Scope of Work
A. Detailed Corrective Maintenance Program Inspections
UEU performs a service territory-wide inspection of its electric distribution system on inspection cycles outlined by General Order 95 (GO95) and General Order 128 (GO128).

In general, utilities must patrol their systems once a year in urban areas and conduct detailed inspections at a minimum of every three to five years. These inspections help mitigate wildfire risk by providing additional information about the electric distribution system and conditions that could result in ignition.

UEU will implement a detailed inspection of facilities in the Tier 2 areas of the City on an annual basis, in late spring, and expanding the inspections to include additional fuels reduction and vegetation management in mid-summer. The following resources will be used to accomplish this:
• UEU-CPUC Fire Threat Map
• Department Inspection Checklist
As part of its efforts to make its electric system more resistant to wildfires, UEU designed and actively maintains a vegetation management program aimed at keeping trees and brush clear of power lines. In areas where current GO95 rules are currently met, UEU is evaluating and assessing areas where vegetation management may need to exceed GO95 requirements, eliminating vegetation overhang near power lines and

Ukiah Electric Utility Wildfire Mitigation Plan
29 Attachment 2
increasing the clearance distances. In identified high risk areas that boarder or are close to Tier 2 wildfire threat areas, the radial clearance of branches or foliage from bare conductors will be increased to 12’.

UEU’s strategy for conducting its vegetation management program focuses on annual, routine inspections. In 2020, UEU began an electronic tree database to project growth and cycles of trimming needed to maintain clearances. The database includes information pertaining to the tree including species, height, diameter, growth rate and clearance. This history provides UEU information on trimming cycles and which trees require work annually.

UEU’s vegetation management operations are conducted in compliance with the City’s Tree Management Guidelines and the City’s Landmark Tree Program Guidelines and Policies. All debris associated with pruning operations are chipped and recycled.

B. UEU piloted a program utilizing infrared (IR) inspections for overhead distribution equipment in 2019 to identify potential issues on electrical equipment and connections that are not identifiable during visual inspections. These issues could potentially lead to wire down or result in ignition sources on the system. The program proved to be extremely successful identifying several instances that would have resulted in significant outage time and lead the Utility to extend the inspections to include underground facilities. Due to the success of the IR Pilot, UEU intends to create a formalized program for periodic IR inspections. The program will include the assembly of a thermography team that will be responsible for performing quality checks on equipment and facilities. These inspections will initially be performed annually in the high fire threat areas. Frequency of these inspections will be evaluated to determine if yearly inspections are warranted.

C. UEU has enhanced its existing inspection efforts by implementing and utilizing drones.

In spring of 2022, UEU began IR inspections using a drone, providing an up close look at the system infrastructure. This innovative technology is capable of capturing imagery from multiple angles, including above and allows qualified personnel to gain visual perspective that cannot be gained from ground inspections. The images and data obtained by these inspections will be evaluated by engineering staff to assess risk, determine trends and patterns of infractions. Drone technology has the potential to rapidly detect problems before they become a safety issue.

D. UEU will coordinate with the City Manager’s office to educate the public on the UEU’s wildfire prevention activities. Dissemination of information will be done through a variety of channels such as UEU’s quarterly newsletter, Facebook and the City’s website.

Agenda Item No: 8.h.

MEETING DATE/TIME: 6/19/2024

ITEM NO: 2024-307

AGENDA SUMMARY REPORT
SUBJECT: Award a Unit Price Contract in the Amount of $130,290.00 for Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04, to Wipf Construction, LLC. and Authorize a Corresponding Budget Amendment
DEPARTMENT: Electric Utility PREPARED BY: Sonu Upadhyay, Senior Power Engineer PRESENTER: Sonu Upadhyay, Senior Power Engineer
ATTACHMENTS:

1. Specification 24-04

2. Bid Tabulation

3. Wipf Construction Bid
Summary: Council will consider awarding a contract in the amount of $130,290.00 for Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04, to Wipf Construction, LLC.

Background: On May 15, 2024, Council approved plans and specifications (Attachment 1) for Gobbi Circuit 202 Switching and Reliability Enhancement Project. The project will upgrade and reconfigure the electrical infrastructure and primary underground power at three locations; 225 S Orchard Avenue, the southwest corner of Gobbi and Orchard and the 700 Block of East Gobbi.

This work will enhance the switching capability and improve the reliability for electric customers on Orchard Avenue and in the Oak Manor subdivision. The project will consist of all labor and materials for the installation of underground conduits, pedestals, and switches. The Electric Utility crew will install new conductors and associated equipment.

Discussion: On May 16, 2024, the bid was released for Gobbi Circuit 202 Switching and Reliability Enhancement Project, published in the Ukiah Daily Journal, and posted to Bidnet Direct. A bid notice for the project was released to the Builder's Exchanges and contractors on the Qualified Bidder's list.

Bids were opened at 2:00pm on June 11, 2024, with three (3) bidders responding. A copy of the bid tabulation is provided as Attachment 2. Wipf Construction was the lowest responsive and responsible bidder at $130,290.00 (Attachment 3). Staff recommends awarding the bid to Wipf Construction, LLC in the amount of $130,290.00.

The engineer's estimate for this project was $100,000, and is budgeted with funds available in 80126100.80230.18358. Staff is requesting a budget amendment in the amount of $43,319 to cover the remainder of the project cost and the 10% change order authorization.

Recommended Action: Award contract in the amount of $130,290.00 for Gobbi Circuit 202 Switching and Reliability Enhancement Project, Specification 24-04, to Wipf Construction, LLC.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80230.18358: $100,000
PROPOSED BUDGET AMOUNT: 80126100.80230.18358: $143,319

FINANCING SOURCE: 2022 Electric Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Cindy Sauers, Electric Utility Director; Myles Fisette, Purchasing Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 10a – Protect from dangerous emissions by preventing fires.

GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
10:00 a.m., May 29, 2024
Southwest corner of Gobbi Street & S Orchard Avenue
Ukiah CA 95482
Bids Open: June 11, 2024
2:00 p.m.

Office of City Clerk
Attachment 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JOSEFINA DUEÑAS – MAYOR
DOUGLAS CRANE – VICE-MAYOR
SUSAN SHER – COUNCIL MEMBER
MARI RODIN – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

CINDY SAUERS - DIRECTOR OF ELECTRIC UTILITY
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
MAY 2024

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT iii Spec No. 24-04

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 .......................................................................... 6 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................... 6 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 ..................................................................................................................................... 7 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT iv Spec No. 24-04 5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ........................................................ 9 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
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 14 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 .............................................................. 17 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 ................................................................................................... 18 9-01. Equipment and Methods
9-02. Time of Completion

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT v Spec No. 24-04 9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 20 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 ............................................................................................................... 23 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 .................................................................................................. 27 12-01. Scope of Work and Location
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Temporary Facilities
12-05. Stream Pollution
12-06. License
12-07. Location of Work
12-08. Permits
12-09. Public Convenience and Safety
12-10. Maintaining Traffic
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
12-15. Notification of Underground Service Alert (USA)
SECTION 13. PROJECT DETAILS/SCOPE OF WORK............................................................................. 29 13-01. General
13-02 Materials
13-03 Quantities
13-04 Payment
13-05 Trenching and Conduit
13-06 Bonding and Grounding

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT vi Spec No. 24-04 13-07 Maintaining Traffic
13-08 Dust and Control Watering
13-09 Traffic Control
13-10 Protection of Existing Facilities
13-11 Removal Methods
13-12 Vacuum Excavation
13-13 Pipe and Structure Excavation, Backfill and Compaction 13-14 Excavation Safety
13-15 Sprinklers and Landscaping
13-16 Clean-Up
13-17 Aggregate Base
13-18 Asphalt Concrete
13-19 Asphalt Concrete Trench Paving
13-20 Curbs, Sidewalk and Miscellaneous Concrete
13-21 Soil and Groundwater Disposal
13-22 Traffic Stripes and Pavement Markings
13-23 Signal, Lighting and Electrical Systems
13-24 Maintaining Existing Systems
13-25 Maintaining Traffic and Pedestrian Operations
13-26 Accessibility
13-27 Public Safety
13-28 Payment
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 39 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 39

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 40 PROPOSAL ............................................................................................................................................. 41 BIDDING SCHEDULE ................................................................................................................................... 42 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 46 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 47 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 48 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 49 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 50 SIGNATURE OF BIDDER ............................................................................................................................. 51 BIDDER'S BOND .......................................................................................................................................... 52 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 53 IRAN CONTRACTING ACT .......................................................................................................................... 54 AGREEMENT ............................................................................................................................................. 55

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT vii Spec No. 24-04 INDEMNIFICATION AGREEMENT .............................................................................................................. 59 FAITHFUL PERFORMANCE BOND ............................................................................................................ 60 MATERIAL AND LABOR BOND ................................................................................................................... 62 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 64 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 65 SAMPLE INSURANCE CERTIFICATES ..........................................................................................................

APPENDIX:

EAST GOBBI STREET 202 CIRCUIT EXTENSION (PMS 751) 2 SHEETS

CITY OF UKIAH ELECTRIC DEPARTMENT ENGINEERING AND CONSTRUCTION STANDARDS PADMOUNT SWITCH BOX PAD 922 5406
PADMOUNT SWITCH BOX PAD INSTALLATION 317 2426
GROUNDING 314 1008, 311 2011
BUMPER POST 326 1503

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
NOTICE IS HEREBY GIVEN that sealed standard proposals for GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, Specification 24-04, will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Tuesday, June 11, 2024. Bids shall be addressed to the City Clerk and shall be endorsed “GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT ". 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 FOR BID ITEM #1
NEW PED - 225 S ORCHARD AVE - BIG LOTS
Item No. Description Quantity Unit of Measure

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 30 LF

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 72 SF

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 40 FT

4. SIDEWALK REMOVAL AND REPLACEMENT

FOR INSTALLATION OF ELECTRIC, CABLE &

AT&T VAULTS AND BOXES
24 SF

5. EXCAVATE, BACKFILL, COMPACTION AND

INSTALL PEDESTEL BOX PAD (CITY TO

PROVIDE)
1 EA

6. LANDSCAPE REMOVAL AND REPLACEMENT 1 LS

7. MOBILIZATION 1 LS

8. DEMOBILIZATION 1 LS
ENGINEER'S ESTIMATE OF QUANTITIES FOR BID ITEM #2
ORCHARD AND GOBBI ST – NEW PADMOUNT SWITCH
Item No. Description Quantity Unit of Measure

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 80 LF

2. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 30 FT

3. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 100 FT

4. SIDEWALK REMOVAL AND REPLACEMENT

FOR INSTALLATION OF ELECTRIC, CABLE &

AT&T VAULTS AND BOXES
48 SF

5. EXCAVATE, BACKFILL, COMPACTION AND

INSTALL PADMOUNT SWITCH BOX PAD (CITY

TO PROVIDE)
1 EA

ENGINEER'S ESTIMATE OF QUANTITIES FOR BID ITEM #3
NEW PADMOUNT SWITCH – 751 EAST GOBBI ST
Item No. Description Quantity Unit of Measure

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 340 LF

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 870 SF

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 180 FT

4. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 190 FT

5. SIDEWALK REMOVAL AND REPLACEMENT

FOR INSTALLATION OF ELECTRIC, CABLE &

AT&T VAULTS AND BOXES
12 SF

6. EXCAVATE, BACKFILL, COMPACTION AND

INSTALL PADMOUNT SWITCH BOX PAD (CITY

TO PROVIDE)
1 EA

7. LANDSCAPE REMOVAL AND REPLACEMENT 1 LS
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 Myles Fisette, Procurement Manager at (707) 463-6225 or by email at [email protected].

A MANDATORY PRE-BID MEETING will be held at 10 :00 a.m., May 29, 2024, at the southwest corner of Gobbi Street & S Orchard Avenue, Ukiah, California 95482.

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

No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(aThe prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays, and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A (General Engineering) or Class C-10 (Electrical) Contractor’s License.

Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

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

Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONCE: May 23, 2024

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 1 Spec. No. 24-04

INSTRUCTIONS TO BIDDERS
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 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 days delay beyond the time prescribed.

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

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

Examination of Site, Drawings, Etc.

A mandatory pre-bid conference will be held at 10 a.m., May 29, 2024, at the southwest corner of Gobbi Street & S Orchard Avenue, Ukiah, California 95482, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 2 Spec. No. 24-04 document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

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

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

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

Myles Fisette, Purchasing Manager
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at:
 225 S Orchard Avenue
 Southwest corner of Gobbi/Orchard
 700 Block of East Gobbi St

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 3 Spec. No. 24-04

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

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

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 4 Spec. No. 24-04 her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 5 Spec. No. 24-04 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. (THIS SECTION IS LEFT INTENTIONALLY BLANK)

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 6 Spec. No. 24-04 SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

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

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 7 Spec. No. 24-04 Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9- 05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 8 Spec. No. 24-04 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

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

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

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

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

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

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

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 9 Spec. No. 24-04

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

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

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

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

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 10 Spec. No. 24-04 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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 11 Spec. No. 24-04 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 12 Spec. No. 24-04 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 13 Spec. No. 24-04 Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 14 Spec. No. 24-04 Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

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

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

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

Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work including detours, lane and street closures, hours of operations, and notification of effected commercial businesses within 1000 feet of the construction. For any business impacted by construction, the contractor shall provide adequately sized on-site signage indicating that businesses are open during construction. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District and St. Mary’s School, that the project streets will be affected by potential detours and street closures, with recommended alternate routes of travel. Through street access will be restricted to businesses and residents only during construction closures. Location of Street Closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead-end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing. The contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 15 Spec. No. 24-04 precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.

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

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

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

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

Properly authorized and accredited inspectors shall be 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 benchmarks 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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 16 Spec. No. 24-04 Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

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

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

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 17 Spec. No. 24-04 portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:

1. Stop work as specified in the notice.

2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.

3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.

5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.

6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination.

Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 18 Spec. No. 24-04 the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

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

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 19 Spec. No. 24-04 Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight, and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures, or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer 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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 20 Spec. No. 24-04 It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

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

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

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

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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 21 Spec. No. 24-04 (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 22 Spec. No. 24-04 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

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

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

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

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 23 Spec. No. 24-04 agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.

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

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period 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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 24 Spec. No. 24-04 and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District.

Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made.

List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 25 Spec. No. 24-04 taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

F. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a 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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 26 Spec. No. 24-04 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

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

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 27 Spec. No. 24-04

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Scope of Work and Location. All the work to be performed will be within City of Ukiah located at:
 225 S Orchard Avenue
 Southwest corner of Gobbi/Orchard
 700 Block of East Gobbi St
The scope of work consists of trenching, backfilling, compacting and installing underground conduits, pedestal and padmount switch box.

The vicinity of the work shall be protected from injury by Contractor during construction and until completion of the work. Contractor shall be liable for all damages to such facilities.

Contractor to furnish all labor, methods, materials, tools, permits, licensing, certification, and equipment necessary to complete the work. All work is to be conducted in accordance with accepted industry practices.

The City Electric Department will not perform any work for the Contractor except in an emergency or as determined necessary by the Project Manager to adequately protect the City’s electrical or other facilities.

Incidental items of construction necessary to complete the whole work in a satisfactory and acceptable manner as shown on the Project Plans and as provided for in the Special provisions and not specifically referred to in this section will be understood to be furnished by the Contractor. All areas or fixtures disturbed by the Contractor’s activities shall be restored to their original condition.

Unless otherwise specified herein, all construction activity, except for emergency situations, will be confined to Monday through Friday between the hours of 7:30 a.m. and 6:00 p.m., to minimize nuisances to local residents. Mufflers and/or baffles will be required on all construction equipment to control and minimize noise. The Contractor must comply with all a p p l i c a b l e noise regulations in the City’s Zoning Ordinance.

Saturday, Sunday, holidays, and overtime shall not be regarded as working days. Work shall not be allowed on non-working days without the written approval of the PM. A request for PM approval from the Contractor must be in writing. The Contractor shall pay the City of Ukiah for all overtime labor charges incurred by the City to supervise overtime work by the Contractor’s employees at the rate of $80 per hour per inspector and/or resident engineer. All overtime labor charges shall be deducted from the final payment along with any liquidated damages.

The Contractor should familiarize themselves with the local conditions of the project sites. Failure to do so will in no way relieve them 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 Myles Fisette at (707) 463-6225.
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 Project Details/Scope of Work
14 Exclusions from General Conditions
15 Amendments to General Conditions

12-03. Arrangement of Plans. Plans delineating the scope of work are provided and indexed per Appendix “A” List of Drawings.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 28 Spec. No. 24-04 12-04. 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 works. 12-05. 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 of responsibility for compliance with Section 5650 and 12015 of the Fish and Game code or other applicable statutes relating to pollution prevention or abatement. 12-06. License. The Contractor for the work herein shall have proper equipment and possess the necessary skills to complete the work herein. A City Business License is required to contract the work, and Contractor is responsible for obtaining all necessary licenses or permits. 12-07. Location of Work. The locations of work are listed as:
 225 S Orchard Avenue
 Southwest corner of Gobbi/Orchard
 700 Block of East Gobbi St
12-08. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-09. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to the 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 until all work is completed. 12-10. 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. 12-11. 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 City. 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 this project.

12-15. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation.

USA dial (toll free) 1-800-227-2600

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 29 Spec. No. 24-04 SECTION 13 - PROJECT DETAILS/SCOPE OF WORK
13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for completing the projects at three different locations as shown on the plans and specifications. Locations of the work will be within City of Ukiah, as more specifically in the construction drawings defined in Appendix “A”.
 225 S Orchard Avenue - Work will consist of trenching, backfilling, and compacting, installing 1-4” PVC Schedule 40 conduit, installing one (1) pedestal box pad (provided by City), blacktopping and removing and replacement of sidewalk according to City of Ukiah Electric Department drawing and in conjunction with all specification on the forementioned drawing.
 Southwest corner of Gobbi/Orchard - Work will consist of trenching, backfilling and compacting, installing 4” and 6” PVC Schedule 40 conduits, installing one (1) primary switch box pad (provided by City) and replacement of sidewalk according to City of Ukiah Electric Department drawings and in conjunction with all specification on the forementioned drawing.  700 Block of East Gobbi St - Work will consist of trenching, backfilling, compacting, and installing conduits, blacktopping, sidewalk removal and replacement, and other incidental and related work, as shown on the plans and specifications.

CUSTOMER SERVICE OUTAGE TIME SHALL BE CUT TO A MINIMUN AND SHALL NOT EXCEED ONE WORKDAY.
13-01 (a). Insurance Requirements. In addition to the project insurance requirements stated in Section 5, 13-02. Materials. Materials shall be new and of merchantable grade, free from defect. Contractor shall be responsible for providing any and all materials necessary for the completion of the project, which include, but are not limited to, all conduits, conduit sweeps and conduit fittings. Conduit sizes shall be as specified on the plans.

Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder, or harm the installation of cable. Over-Rodding of the conduit shall be completed as indicated on the drawings in Appendix A. Mule Tape must be installed in each conduit. The open end of all conduits must be protected in such a manner that it prohibits dirt and debris from entering. The ends of all stub conduit shall be securely capped. No substitutions shall be permitted from the original specifications unless bidder obtains prior written approval. 13-03. Quantities. The preliminary estimate of the quantities of work to be done and materials to be furnished shown in the proposal are approximate only, being given as a basis for the comparison of bids. The City of Ukiah does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the City.

Upon completion of successful bid, the Contractor shall furnish to the Engineer a cost break-down for each contract lump sum item.

The contractor shall determine the quantities of the items required to complete all work shown on the plans.

Such quantities and their values (including labor, equipment, and materials) shall be included in the cost break-down submitted to the Engineer for approval. The sum of the quantity units’ times the unit price shall equal the contract quantities and values used in the cost break-down submitted for approval. Unbalancing of the unit prices will not be allowed.

Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in each individual unit listed in the cost break-down, however, costs for traffic control system shall not be included.

No adjustment of the compensation will be made in the contract lump sum prices paid for various work items due to any differences between quantities shown in the cost break-down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 30 Spec. No. 24-04 The cost break-down shall be submitted to the Engineer within 10 working days after the contract has been approved. The cost break-down shall be approved by the Engineer, in writing, before any partial payments for the items of work will be made. The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment of compensation for the items(s) of work due to the changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in the compensation will be determined in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with increases and decreases in the quantity of a contract item of work in accordance with the Contractor bid price.

Additions or deletions in the quantity of work as set forth in these specifications and accompanying drawings for lump sum items may be ordered by the Engineer after the contract price has been adjusted accordingly to the satisfaction of both the Contractor and the City of Ukiah, and they have been accepted in writing by the Engineer.
13-04. Payment. Payment will be at the unit price bid and will be compensation in full for all labor, materials, equipment, tools, including all incidentals. 13-05. Trenching and Conduit. Trench depth and location may have to be adjusted slightly in the field to avoid existing facilities. Sewer and water laterals will be encountered. They will have to be worked around and any damage caused by construction activities are the responsibility of the Contractor. The Contractor shall pothole all underground utility locations to determine exact depth prior to trenching. Any damages to City or other utilities caused by trenching or other project operations shall be the Contractor’s responsibility to repair to predamaged condition.

All conduits shall be mandrelled according to the conduit size. 13-06. Bonding and Grounding If a box is replaced with a ground bed, it must remain intact or be completely replaced should damage occur. This is the responsibility of the Contractor.

Known Ground beds are located at:

SB-N25 (located on drawing 6 of 10), Corner of Gobbi St. and Waugh Lane. 13-07. Maintaining Traffic. The Contractor shall notify local authorities of the Contractor’s intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles.

Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control”.

See Section 13-25 for traffic camera requirements.

Payment – Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
13-08. Dust Control and Watering. Dust control and watering shall conform to the provisions in Sections 10 "Dust Control" and 17 "Watering" of the California Standard Specifications and these Special Provisions.

The Contractor at their expense shall provide their own water for dust control and project construction.

Necessary precautions to prevent dust nuisance shall be taken during all phases of construction, on nonworking days, and to final acceptance of the work.

Payment for dust control and watering shall be considered as included in the various items of work and no additional compensation will be allowed, therefore.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 31 Spec. No. 24-04 13-09. Traffic Control Traffic control shall conform to Section 12 "Construction Area Traffic Control Devices" of the California Standard Specifications and these Special Provisions. Attention is particularly directed to the "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" published by Caltrans. Nothing in these Specifications is to be construed as to reduce the minimum standards set in said manual.

Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer.

The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access.

The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following:
 Construction activity that may impede emergency vehicles, school buses, etc.  Construction activity such as trenches or other excavation that prohibit access.  Construction activity that removes a fire hydrant from service.

The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service The City will furnish "No Parking" signs which shall be posted by the Contractor.

The Contractor shall be responsible for supplying, installing, and maintaining such fences, barriers, lights, signs and flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof.

All traffic control equipment shall be removed when it is no longer required.

Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project.

All existing warning, regulatory, and information signs shall be maintained in a visible location during all phases of the construction by the Contractor.

If it becomes necessary for the City of Ukiah to replace or place additional barricades to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and placing barricades, warning devices, and for flaggers as may be required by the Engineer shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed, therefore.
13-10. Protection of Existing Facilities Protection of existing facilities shall conform to all the applicable provisions in Section 8-1.10 "Utility and Non-Highway Facilities".

All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions, and all underground facilities shown on the Plans or brought to the Contractor's attention during the work.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 32 Spec. No. 24-04 The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation.

The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility, or structure. At the owning utility's discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer. 13-11. Removal Methods All portions of existing concrete to be removed shall be removed in a smooth, neat, vertical plane. Where expansion, contraction or construction joints are not present, the concrete shall be saw cut to a minimum depth of 1-1/2 inches. If an expansion, contraction, or construction joint is within 3 feet of the concrete to be removed, the concrete shall be removed to that joint.

Prior to final paving, all portions of existing pavement to be removed shall be cut on a neat, straight line.

Pavement removed outside the removal line shall be cut parallel to and at right angles to the removal line. The face of the cut shall be smooth and shall not overhang the removal area. Drop hammers are not allowed.

Jackhammers may be used if the cuts are overlapped and meet the above criteria. Where edges of remaining pavement are raised by the removal method used, they shall be flattened with a mechanical tamper prior to setting frames or replacing pavement.

Where an excavation leaves less than 2 feet of pavement adjacent to the gutter, the remaining pavement shall be removed and replaced.

All removed material, unless otherwise specified, shall become the property of the Contractor, and shall be disposed of outside of the right-of-way.
13-12. Vacuum Excavation All pothole works to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer. Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches.

All pothole work shall comply with the Traffic Control provisions of these specifications.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing the work involved in performing the pothole operation shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed, therefore. 13-13. Pipe and Structure Excavation, Backfill and Compaction Excavation and backfill for pipe, manholes and miscellaneous structures shall conform to the provisions in Section 19.3 "Structure Excavation and Backfill" of the California Standard Specifications, and these Special Provisions.

Pavement and concrete removal shall conform to Section 13-11 "Removal Methods" of these Special Provisions.

All excavation shall be made to the lines and grades shown on the Plans. Trench edges shall be no closer than 1 foot to the toe of the gutter unless otherwise approved by the Engineer. Where mud, peat or any unstable or objectionable material is encountered at or within 6 inches of the bottom of any excavation, such material shall be removed to a depth of at least 12 inches below the established grade and the trench brought to grade by placing a suitable material thoroughly compacted in place, all as approved by the Engineer.

Trench width, bedding and backfill for pipe shall conform to "Pipe Bedding and Backfill Requirements", as shown on plans.

Ponding or jetting of backfill is not allowed unless specifically shown on the Plans.

Trench backfills shall attain a relative compaction of 90 percent around conduit duct bank and 95 percent within

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 33 Spec. No. 24-04 30” of finish grade. Backfill compaction within the structural section shall be as shown on the Plans. Structural backfill around all structures and manholes shall attain a relative compaction of 92 percent. The Contractor shall be responsible for scheduling compaction testing per City requirements (required every 50 lineal feet of trench).

The cost for compaction testing shall be included in the total bid cost.

Backfill in street areas shall be brought to subgrade and the existing surfacing shall be replaced with the structural section shown on the Plans.

Trench backfills shall be accomplished as soon as possible after the pipe has been installed.

The Contractor shall conduct the construction operations so that trench backfill at all intersections is adequate to allow 2-way traffic in both directions during all phases of construction unless otherwise specified.

Payment for pipe and structure excavation and backfill shall be considered as included in the price paid for the various items of work requiring excavation and backfill and no additional compensation will be allowed, therefore.
13-14. Excavation Safety Excavation Safety shall conform to the provisions in Sections 5-1.02A "Trench Excavation Safety Plans" and 7-1.01E "Trench Safety" of the California Standard Specifications and these Special Provisions.

In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting, shoring, and bracing as may be necessary as a precaution against slides or cave-ins and to fully protect all existing improvements of any kind from damage.

The Contractor shall obtain a permit from the Division of Industrial Safety and shall submit a copy of the approved permit to the Engineer prior to the start of any excavation greater than 5 foot in depth. The cost of the permit shall be included in the total bid cost. If the shoring and bracing plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer.

The criteria given by the California Department of Industrial Relations are MINIMA for the conditions shown thereon. In addition to shoring the excavation as specified, it shall be the Contractor's responsibility to provide all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those derived by using the criteria set forth by said governing agency. The Contractor shall be solely responsible for any damages which may result from failure to provide adequate shoring to support the excavations under any or all the conditions of loading which may exist, or which may arise during the construction project.

The contract price paid per lump sum for excavation safety shall include full compensation for furnishing all labor, materials, permits and equipment and for doing all work involved as specified under these Special Provisions and no additional compensation will be allowed, therefore. 13-15. Sprinklers and Landscaping All sprinkler systems, landscaping, sod, or turf shall be reinstalled to its original condition.
13-16. Clean-Up Clean-up shall conform to the provisions in Section 22 "Finishing Roadway" of the California Standard Specifications and these Special Provisions.

Upon completion of the work, and prior to requesting final inspection, the work area shall be thoroughly cleaned of all rubbish, construction forms, stakes, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition. The final inspection will not be made until this has been accomplished.

Full compensation for clean-up shall be considered as included in the price paid for the various contract items of work requiring finishing, and no additional compensation will be allowed, therefore. 13-17. Aggregate Base Aggregate base shall be Class 2 and shall conform to the provisions of Section 26 "Aggregate Bases" of the California Standard Specifications and these Special Provisions.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 34 Spec. No. 24-04

Aggregate grading shall be 3/4" maximum unless otherwise approved by the Engineer. The Contractor shall submit current gradation, R-value, sand equivalent, and durability index test results as requested by the Engineer.

Aggregate base shall not be placed until the subgrade has been approved by the Engineer. In lieu of the placement requirements specified in Section 26, aggregate base material shall be placed upon prepared subgrade in a uniform windrow or layer, and after placing, the material shall be graded, compacted, and watered in accordance with the requirements of Section 26-1.05 "Compaction" of the California Standard Specifications and the construction plans. Motor graders may be used for the aforementioned grading.

Aggregate base shall be compacted as specified in the Standard Specifications to a relative compaction of 95 percent.

Finished grade shall be within 0.05 feet of plan grade.

The contract price paid per ton of aggregate base shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work involved in placing, compacting and watering aggregate base as shown on the plans and as specified in these Special Provisions, and no additional compensation will be allowed, therefore. 13-18. Asphalt Concrete Asphalt concrete shall be ½-inch maximum, medium grade, Type A and shall conform to these Special Provisions and the following sections of the Standard Specifications:
39-1 General
39-2 Materials
39-3 Storing, Proportioning and Mixing Materials
39-4.01 Subgrade
39-4.02 Prime Coat and Paint Binder
Paving asphalt shall be PG64-16 conforming to the latest published provisions in Section 92, “Asphalts,” of the California Standard Specifications. Asphalt Concrete pavement shall be placed at a minimum compacted thickness as shown on the Plans. Asphalt Concrete pavement shall be placed in lifts; the surface lift shall not exceed a compacted thickness of two (2) inches, initial spreading of asphalt shall be at a mix temperature not less than 250 degrees F. Breakdown compaction shall be completed before the temperature of the mix drops below 200 degrees F. (See Caltrans Std. Spec Section 39-6.01).

Binder Coat (tack coat) shall be Type SS-1, conforming to previsions of the American Asphalt institute Specifications and California Standard Specifications, Section 94, “Asphaltic Emulsions.” All articles apply except Article 94-1.07, “Measurement.”
Measurement: Asphalt concrete will be measured by the ton as determined by the Public Weighmaster Certificates. Duplicate load slips shall be furnished to the Engineer by and at the sole expense of the Contractor. Where the Contractor has performed unauthorized grinding, the Contractor shall backfill with asphalt concrete to the original subgrade plane shown on the Plans at the Contractor’s expense. The Engineer shall calculate the excess quantity of asphalt concrete necessary to backfill to the original subgrade plane and this quantity will be deducted from the total asphalt concrete tonnage installed.” 13-19. Asphalt Concrete Trench Paving. Asphalt concrete and the placing thereof shall conform to the requirements of Section 39, “Asphalt Concrete,” of the California Standard Specifications, and these Special Provisions.

Final asphalt concrete trench paving shall be 0.45’ to 12” outside either side of the trench width.

Asphalts: Temporary paving on all trenches shall be hot mix asphalt concrete installed a minimum 2” thick placed each day over the work.

The amount of asphalt binder to be mixed with the aggregate will be specified by the Engineer at the time of

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 35 Spec. No. 24-04 paving. A different asphalt binder content may be specified for each lift and each location.

General Requirements: The Contractor shall provide compaction of backfill and base material as the job progresses, each day. Temporary paving will be placed over the work, each day, leaving not more than 100 feet unpaved. This temporary paving shall be removed for final trench paving. The balance of the trench shall be covered with skid resistant steel plates (with a coefficient of friction of 0.35 or greater per CTM342), capable of sustaining normal (H20) traffic loads without shifting or bouncing and shall be secured per Caltrans requirements. Hot Mix asphalt concrete shall be placed and compacted around all edges of steel plates with a sufficient width and gradual slope to provide a smooth transition to existing pavement.

Finished asphalt trench paving shall be even, smooth riding and have an appearance that is compatible to the surrounding surface, unless proper written approval has been provided by the Engineer.

The Engineer may require additional paving beyond the minimum dimensions shown in STD. 220 (36” beyond the trench wall), or as shown on the plans, where records indicate that the existing pavement or structural section is as shown on the plans.

Payment: Full compensation for furnishing and installing temporary and permanent trench paving shall be considered as included in the prices paid for the pipe items and no additional allowance will be made, therefore. 13-20. Curbs, Sidewalks and Miscellaneous Concrete Curb, gutter, sidewalk, driveways, alley approaches and any other miscellaneous concrete structures shall be constructed as shown on the plans, and applicable City of Ukiah Standard Plans, and shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the California Standard Specifications and these Special Provisions. Any damage to curbs, sidewalks, and other concrete because of construction activities are the responsibility of the Contractor to repair to predamaged condition. a.) Earthwork: Earthwork shall conform to the plans and Section 13-12 of these Special Provisions.

The area between the right-of-way line and the back of sidewalk shall be graded to 1/4-inch per foot and sufficient compactive effort and moisture shall be applied to this area to prevent settlement.

Voids shall be filled with topsoil, not sand. Water service or other boxes and facilities shall be adjusted to grade.
b.) Curb, gutter, and sidewalk: Curb, gutter and sidewalk shall be of monolithic construction.

Construction joints shall be edged and shall conform to the proposed scoring pattern.

Expansion joint material shall be installed to the full depth of the concrete at locations shown on the plans and as designated by the Engineer.

Side inlets catch basin and drop inlet catch basin concrete may be placed against neat excavation of undisturbed earth.

Concrete retaining walls shall be formed with plywood and all exposed edges shall be edged. After the back form has been removed, the void shall be backfilled to grade with clean native topsoil. c.) Commercial curb, gutter, and sidewalk: Commercial curb, gutter and sidewalk shall be of monolithic construction. Construction joints shall be edged and shall conform to the existing scoring pattern. Curb, gutter and sidewalk shall be constructed per City of Ukiah Standard Plan. d.) Concrete: Portland cement concrete shall be Class "B" conforming to Section 90 "Portland Cement Concrete" of the Standard Specifications with a minimum compressive strength of 2500 psi at 28 days.

All concrete used shall be mixed completely in a truck mixer, commonly known in the industry as "transit-mixed concrete".

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 36 Spec. No. 24-04 e.) Forms: Forming requirements shall conform to the provisions in Section 73-1.04 "Forms" of the California Standard Specifications. If clean neat lines can be cut, the Contractor may pour against undisturbed earth with prior approval by the Engineer. If any sloughing or caving of material occurs, both front and back forms may be required.

Forms shall be true to lines and grades as shown on the plans.

Forms previously used shall be thoroughly cleaned before re-use. Before concrete is placed within any form, all inside surfaces of the forms shall be thoroughly coated with an approved oil.

All forms shall be free of any foreign material before placing concrete. f.) Concrete Reinforcement: Mesh and reinforcing steel shall conform to the provisions in Section 52-

1.02 "Materials" of the California Standard Specifications.

All reinforcing steel shall be accurately placed as shown on the plans.

All reinforcement shall be cleaned of dirt, rust, grease, loose scale and any other substance that may prevent concrete bonding. All reinforcement shall be securely positioned and supported so as to maintain the proper position during placement of concrete. g.) Concrete Placement: Concrete shall not be placed without approval of the Engineer. Placing concrete without notifying the Engineer may be reason for rejection of the work.

Prior to placing concrete, the subgrade and inside face of the forms shall be thoroughly wetted as the Engineer may direct.

Concrete shall not be deposited when it appears likely that the air temperature may fall below 40F during the placing of concrete or within the following 24 hours unless special approval has been received from the Engineer prior to placing of concrete. Concrete which, in the opinion of the Engineer, has been damaged by freezing shall be removed and replaced.

Monolithic curb, gutter and sidewalk or median curb and gutter may be placed with extrusion machinery. The machinery shall be approved by the Engineer prior to use.

The Contractor shall install benchmark monuments as shown on the plans. The City of Ukiah will furnish the benchmark monuments without cost to the Contractor.

If the plans do not call for sidewalk, side inlet catch basins shall be constructed with a 3-foot by 5- foot section unless otherwise indicated on the plans.
h.) Finishing: After steel troweling, the concrete surfaces shall be given a fine hair broom finish.

Brooming on sidewalk shall be transverse to the length of curb.

All exposed concrete surfaces shall be finished unless otherwise directed by the Engineer.

Score marks and weakened plane joints shall be located as shown on the plans and as directed by the Engineer.
i.) Cure: Concrete cure shall be accomplished by either the water, pigmented curing compound or waterproof membrane method and shall conform to the provisions in Section 90-7 "Curing Concrete" of the California Standard Specifications. White pigmented curing compound shall not be used on exposed surfaces.
j.) Tolerances: Dimensional tolerances for concrete work are listed below. Work done outside of these tolerances will be rejected by the Engineer.

Curb, gutter, sidewalk thickness: Up to 1/4-inch below specified thickness.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 37 Spec. No. 24-04 Flow line: Puddles shall not exceed 1/4-inch in depth, 6 inches in width or 10 feet in length.

Grinding more than 1/2-inch and the use of epoxy fillers are not acceptable.

Sidewalk crossfall: Total crossfall on 5-foot sidewalks shall be within 1/2-inch of design.

Catch basins: The opening shall be a full 8 inches across the face of the catch basin with the top properly aligned within 3 inches of the base.
k.) Payment: Curb and gutter, sidewalk, street sign posts, driveways and mow strips shall be paid for under the various contract items and shall include full compensation for furnishing all labor, materials, including the cast-iron frames and grates, adjusting facilities within the sidewalk to grade, grading and adjustments at the back of walk, removal of existing facilities, tools and equipment, and for doing all work involved in their construction as shown on the plans and as specified under these Special Provisions, and no additional compensation will be allowed therefore. 13-21. Soil and Groundwater Disposal.
13-21 (A) General: Bidder’s attention is directed to the fact that the proposed project is in an area that contains no known subsurface petroleum hydrocarbon contamination.

The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.) Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40-hour OSHA-HAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the contaminated materials removal and handling operation. All workers in this circumstance must have their initial and annual renewal refresher training, medical clearance, and personal protection equipment in accordance with 8CCR Section 5192.
13-21 (B) Soil: None of the excavated material shall be disposed of on the work site. All material excavated from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required. 13-21 (C) Water: Groundwater may be encountered during excavation. If it is encountered, the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates in the excavation during the progress of work until the pipe or other structures are installed and until backfilling has progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the Contractor shall have a minimum of 2 working pumps available for immediate use at all times.

Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff.

Said water shall be disposed of in a manner as to cause no injury to public or private property or be a menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment.

If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain system.

Contractor shall be responsible for constructing, operating, and maintaining all necessary features to complete the work including furnishing, installing and maintaining all pumping and other equipment required to dewater any trenches containing water as may be encountered during performance of the work. Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the permanent conclusion of

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 38 Spec. No. 24-04 dewatering operations, all dewatering equipment shall be removed from the job site.

Payment: Full compensation for disposal of all excavated material and trench water, including, but not limited to, transportation costs and soil disposal fees and providing all necessary equipment and labor (including back-up pumping equipment) shall be considered as included in the contract prices paid for various contract items of work and no additional compensation will be allowed therefor. The City will pay discharge fees for the necessary disposal of trench water. 13-22. Traffic Stripes and Pavement Markings Traffic stripes and pavement markings shall conform to the applicable provisions of Section 84, “Traffic Stripes and Pavement Markings,” of the California Standard Specifications, City of Ukiah Standards, and these Special Provisions and shall be placed at the locations shown on the plans.

Stripes and pavement markings shall be thermoplastic.

Existing stripes and pavement markings which are damaged by the work shall be replaced. Replaced sections shall match existing sections. Patching is not acceptable in lieu of complete replacement.

Payment: Traffic Stripes and Pavement Markings shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all equipment, tools, and labor, and doing all the work involved, as herein specified, including
 removal of existing striping and markings,
 furnishing all paint and glass beads,
 thermoplastic pavement marking material,
 tape,
 eradication of existing and temporary traffic stripes,  temporary traffic stripes and pavement markings,
 replacement of damaged stripes and markings,
and doing all the work involved as herein specified and no additional allowance will be made, therefore. 13-23. Signal, Lighting and Electrical Systems All work shall meet the requirements of Section 86-1.02 “Regulations and Code” of the California Standard Specifications. 13-24. Maintaining Existing Systems The Contractor shall maintain existing signal and lighting systems in accordance with Section 86-1.05 “Maintaining Existing and Temporary Electrical Systems” and these Special Provisions.
13-25. Maintaining Traffic and Pedestrian Operations. The Contractor must so conduct his or her operations so as to cause the least possible obstruction and inconvenience to public traffic. All traffic control and related devices shall conform to requirements set forth in the California MUTCD. All traffic must be permitted to pass through the Work unless otherwise approved by the PM.

Full compensation for conforming to the requirements of this section will be deemed included in the prices paid or the various Contract items of Work and no additional allowances will be made therefore.

Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Department of Public Works, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the Work area with an absolute minimum of interruption or impedance unless otherwise provided for in the Special Provisions or approved in writing by the PM. The Contractor must make provisions for the safe passage of pedestrians around the area of Work at all times. 13-26. Accessibility. Where approved in writing by the PM and the Department of Public Works, the Contractor must construct and maintain detours for the use of public traffic at his or her own expense. Failure or refusal of the Contractor to construct and maintain detours so approved at the proper time will be a material breach of the Contract subject to any and all remedies available pursuant to the Agreement and at law and equity. Such remedies include, but are not limited to, termination.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 39 Spec. No. 24-04 The Contractor will be responsible for keeping all emergency services, including the Ukiah police and fire departments and Department of Public Works informed of obstructions to, or detours around any public or private roads caused by reasons of his or her operations. Where there is a need to close down public streets or thoroughfares for an extended period of time, the Contractor will notify the PM and the Department of Public Works 48 hours in advance. The PM and Department of Public Works Project Analyst can be reached at:

Activity Written Approval Notify E-mail address Contact Phone # Road Closure*
Public Works
Project Manager
Public Safety
Public Works
Project Manager
[email protected]
[email protected]
[email protected]
(707) 463-6262
(707) 463-6282
(707) 467-5778
Lane Closure*
Public Works
Project Manager
Public Safety
Public Works
Project Manager
[email protected]
[email protected]
[email protected]
(707) 463-6262
(707) 463-6282
(707) 467-5778
Driveway or
Property Access
Restriction
Project Manager [email protected] (707) 467-5778
*Requires 48 hr. advanced notification
13-27. Public Safety. The Contractor must at all times conduct the Work in accordance with Construction Safety Orders of the Division of Industrial Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.

No pedestrian or vehicle passage may be closed to the public without first obtaining permission of the PM. Should the Contractor fail to provide public safety as specified or if, in the opinion of the PM, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor’s operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to, administrative costs.

Nothing in this section will be construed to relieve the Contractor of the obligation to maintain a safe worksite. This section provides the City and the PM with the right, but not the obligation, to remedy the Contractor’s deficiencies in maintaining a safe worksite.
13-28. Payment. Payment for all work and work requirements specified in this Scope of Work shall be considered as included in the Contract Price and no additional allowances shall be made, therefore.

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
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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 40 Spec. No. 24-04

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

Did you include?...
o Proposal (Page 41)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 46)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 47)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 48)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 49)
 Filled out completely per instruction
o Statement of Experience (Page 50)
o Signature of Bidder (Page 51)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 52)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 53)
 Filled out completely per instruction
 Notarized
o Iran Contracting Act Certification (Page 54)
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing. Please note that actual acknowledgment of addenda is not required to submit with your bid. Refer to Section 1-11 and 3-07 of the General Conditions.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 41 Spec. No. 24-04

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 42 Spec. No. 24-04

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

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

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

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

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

Lowest bid will be based on the lowest Base Bid.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 43 Spec. No. 24-04 NAME OF BIDDER:

SPEC #: 24-04
PROJECT NAME: GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT BASE BID ITEM #1
NEW PED - 225 S ORCHARD AVE - BIG LOTS
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 30 LF $__________ $__________________

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 72 SF $__________ $__________________

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 40 FT $__________ $__________________

4. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
24 SF $__________ $__________________

5. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PEDESTAL BOX PAD
(CITY TO PROVIDE)
1 EA $__________ $__________________

6. LANDSCAPE REMOVAL AND

REPLACEMENT
1 LS $__________ $__________________

7. $__________ $__________________

8. $__________ $__________________
TOTAL BID ==>> $__________________
BASE BID ITEM #2
ORCHARD AND GOBBI ST – NEW PADMOUNT SWITCH
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 80 LF $__________ $__________________

2. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 30 FT $__________ $__________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 44 Spec. No. 24-04

3. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 100 FT $__________ $__________________

4. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
48 SF $__________ $__________________

5. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PADMOUNT SWITCH

BOX PAD (CITY TO PROVIDE)
1 EA $__________ $__________________
TOTAL BID ==>> $__________________
BASE BID ITEM #3
NEW PADMOUNT SWITCH – 751 EAST GOBBI ST
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 340 LF $__________ $__________________

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 870 SF $__________ $__________________

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 180 FT $__________ $__________________

4. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 190 FT $__________ $__________________

5. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
12 SF $__________ $__________________

6. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PADMOUNT SWITCH

BOX PAD (CITY TO PROVIDE)
1 EA $__________ $__________________

7. LANDSCAPE REMOVAL AND
REPLACEMENT 1 LS $__________ $__________________
TOTAL BID ==>> $__________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 45 Spec. No. 24-04 TOTAL BASE BID AMOUNT IN FIGURES
Total Base Bid (#1 through #3) amount in words:
______________________________________________________________________Dollars $_____________________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

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

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

Department of Industrial Relations Public Works Contractor Registration Number: _____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 46 Spec. No. 24-04

FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

SPEC 24-04 GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT ________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 47 Spec. No. 24-04

WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.

Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 48 Spec. No. 24-04

CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.

Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 49 Spec. No. 24-04

LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR
DIR

REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION

OF WORK

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 50 Spec. No. 24-04

STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 51 Spec. No. 24-04

SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:

License No. ______________________________, License Expiration Date .

Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 52 Spec. No. 24-04

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 June 11, 2024 for GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, SPEC. NO. 24-04.

NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 53 Spec. No. 24-04

NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, SPEC. NO. 24-04 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 ____.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 54 Spec. No. 24-04

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

Signed______________________________________________________ Titled_______________________________________________________ Firm_________________________________________________________ Date_________________________________________________________ Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 55 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
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 <<NINETY>> (<<90>>) 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.

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 56 Spec. No. 24-04 compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.

The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 57 Spec. No. 24-04 (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 58 Spec. No. 24-04

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Addenda

9. Contract Bonds

10. Contract Drawings and Construction Details

11. Standard Drawings

12. 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

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 59 Spec. No. 24-04

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: _______________________________________________

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 60 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________________,

AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 61 Spec. No. 24-04 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 62 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

MATERIAL AND LABOR BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of

dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 63 Spec. No. 24-04 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 64 Spec. No. 24-04

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.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 65 Spec. No. 24-04

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

BASE BID # 1
Description UOM QTY Unit Price Item Total Unit Price Item Total Unit Price Item Total EXCAVATE, TRENCH, BACKFILL AND COMPACTION (24”X59” TRENCH) LF 30 $225.00 $6,750.00 $150.00 $4,500.00 $442.95 $13,288.50 REMOVE AND REPLACE ASPHALT CONCRETE (24” TRENCH) SF 72 $40.00 $2,880.00 $30.00 $2,160.00 $23.41 $1,685.52 4” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC) FT 40 $10.00 $400.00 $38.00 $1,520.00 $23.91 $956.40 SIDEWALK REMOVAL AND REPLACEMENT FOR INSTALLATION OF ELECTRIC, CABLE & AT&T VAULTS AND BOXES SF 24 $50.00 $1,200.00 $40.00 $960.00 $37.24 $893.76 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PEDESTEL BOX PAD (CITY TO PROVIDE) EA 1 $4,040.00 $4,040.00 $3,500.00 $3,500.00 $6,060.64 $6,060.64 LANDSCAPE REMOVAL AND REPLACEMENT LS 1 $820.00 $820.00 $600.00 $600.00 $3,030.32 $3,030.32 MOBILIZATION LS 1 $0.00 $0.00 $0.00 $0.00 $14,414.95 $14,414.95 DEMOBILIZATION LS 1 $0.00 $0.00 $0.00 $0.00 $14,414.95 $14,414.95 BASE BID # 2
Description UOM QTY Unit Price Item Total Unit Price Item Total Unit Price Item Total EXCAVATE, TRENCH, BACKFILL AND COMPACTION (24”X59” TRENCH) LF 80 $210.00 $16,800.00 $160.00 $12,800.00 $341.13 $27,290.40 4” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC) FT 30 $10.00 $300.00 $38.00 $1,140.00 $13.98 $419.40 6’ PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC) FT 100 $15.00 $1,500.00 $55.00 $5,500.00 $34.39 $3,439.00 SIDEWALK REMOVAL AND REPLACEMENT FOR INSTALLATION OF ELECTRIC, CABLE & AT&T VAULTS AND BOXES SF 48 $50.00 $2,400.00 $6,300.00 $6,300.00 $37.24 $1,787.52 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PADMOUNT SWITCH BOX PAD (CITY TO PROVIDE) EA 1 $4,300.00 $4,300.00 $5,360.00 $5,360.00 $6,060.64 $6,060.64 BASE BID # 3
Description UOM QTY Unit Price Item Total Unit Price Item Total Unit Price Item Total EXCAVATE, TRENCH, BACKFILL AND COMPACTION (24”X59” TRENCH) LF 340 $129.50 $44,030.00 $160.00 $54,400.00 $215.79 $73,368.60 REMOVE AND REPLACE ASPHALT CONCRETE (24” TRENCH) SF 870 $40.00 $34,800.00 $27.00 $23,490.00 $23.41 $20,366.70 4” PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC) FT 180 $10.00 $1,800.00 $38.00 $6,840.00 $10.24 $1,843.20 6’ PVC SCH 40 CONDUIT INCLUDING INSTALLATION (ELECTRIC) FT 190 $15.00 $2,850.00 $55.00 $10,450.00 $19.37 $3,680.30 SIDEWALK REMOVAL AND REPLACEMENT FOR INSTALLATION OF ELECTRIC, CABLE & AT&T VAULTS AND BOXES SF 12 $50.00 $600.00 $40.00 $480.00 $37.24 $446.88 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PADMOUNT SWITCH BOX PAD (CITY TO PROVIDE) EA 1 $4,000.00 $4,000.00 $7,800.00 $7,800.00 $6,060.64 $6,060.64 LANDSCAPE REMOVAL AND REPLACEMENT LS 1 $820.00 $820.00 $4,780.00 $4,780.00 $3,030.68 $3,030.68 Sub: Work: Sub: Work: Sub: Work:

N/A N/A
WIPF

CONSTRUCTION, LLC

TRUCKING, TRAFIC
CTRL,

AGGREGATES

DSM CONCRETE, INC

CONCRETE

RESTORATION

CARONE &

COMPANY, INC AC RESTORATION

UNITED RENTALS

NORTH AMERICA,
INC

RENTALS,

PORTABLE TOILETS

BAY AREA

GEOTECHNICAL
GROUP

COMPACTION

TESTING
TOTAL BID: $130,290.00 $202,539.00
BASE BID # 3 $88,900.00 $108,240.00 $108,797.00
BASE BID # 2 $25,300.00 $31,100.00 $38,996.96
$152,580.00

UKIAH, CA UKIAH, CA FAIRFIELD, CA
BASE BID # 1 $16,090.00 $13,240.00 $54,745.04
SPEC 24-04 - GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJEC BID OPENING: 2 PM, JUNE 11, 2024

WIPF CONSTRUCTION LLC MARZ ENGINEERING ARB, INC
Attachment 2

Attachment 3

Agenda Item No: 8.i.

MEETING DATE/TIME: 6/19/2024

ITEM NO: 2024-313

AGENDA SUMMARY REPORT
SUBJECT: Report of Agreement with First Due LLC in the Amount of $45,990 for Fire and Emergency Medical Services Software.

DEPARTMENT: Fire PREPARED BY: Doug Hutchison, Fire Chief PRESENTER: Doug Hutchison- Fire Chief
ATTACHMENTS:

1. First Due - Contract
Summary: Council will receive a report on an agreement with First Due LLC for Fire and Emergency Medical Services software for the Ukiah Valley Fire Authority.

Background: The Ukiah Valley Fire Authority (UVFA) currently uses numerous software applications for required National Fire Incident Reporting System (NFIRS) reports, National Emergency Medical Services Information System (NEMSIS) reports, as well as scheduling, vehicle inventory and training records.

Discussion: Please refer to Attachment 1 for a copy of the agreement with First Due.

While some of the software applications are able to integrate somewhat, the current setup requires users to enter information into multiple different platforms. In some cases, such as Emergency Medical Services (EMS) reporting, team members have to enter information twice, into two separate systems for a single incident. First Due's software combines seven of the Ukiah Valley Fire Authority's current applications under a single platform, greatly increasing efficiency and the ability to capture data accurately.

Recommended Action: Receive a report on an agreement with First Due LLC for Fire and Emergency Medical Services software.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10521210.52100: $39,990; 10523600.52100: $6,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Myles Fisette, Purchasing Manager
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

COU No. 2324- 190
Locality Media, Inc. Agreement Dec 2023 Page 1 of 12
Agreement for Services
This Agreement for Services ( this “ Agreement”) dated as of April 15, 2024 (the "Effective Date") is made by and between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City, NY, 11530 (" Locality Media" or “ First Due”) and the City of Ukiah located at 300 Seminary Ave., Ukiah, CA 95482 the “ Customer”).

1. Locality Media maintains a website through which Customer members may access Locality Media' s First Due Size- Up™ Community Connect™, Mobile Responder™ and/ or other software- as-a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions.

2. Locality Media may provide the Customer with one or more user ID’ s, initial passwords, digital certificates and/ or other devices ( collectively, " Credentials") and/ or application programming interfaces (" APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer’ s sole responsibility to keep all Credentials and other means of access within the Customer’ s direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to Locations and structures in the Customer' s jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, " Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer' s jurisdiction (" Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/ or private sources in Locality Media' s discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer' s records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royaltyfree right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of Locality Media' s business, including but not limited to the Service. Customer shall own all Customer data and upon termination or written request, Locality Media shall provide Customer data to Customer.

3. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives ( collectively, " Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any Location or structure ( including but not limited to a Location' s safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the Customer' s or any third party' s use of any information obtained through the Service.

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COU No. 2324- 190
Locality Media, Inc. Agreement Dec 2023 Page 2 of 12

4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third-party application services and other equipment and software (" Equipment") required for the Customer to access and use the Service ( the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength).

Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or Wi-Fi network, Internet connection, Internet service provider, or any other third-party communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems").

5. This Agreement will be effective for an initial term of 12 months (the "Initial Term") commencing on the Effective Date. After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each ( a Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice. Locality Media reserves the right to increase Customer’ s renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; ( ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; ( iii) makes an assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non-breaching party provides written notice thereof.

6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’ s possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement.

7. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A as available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer’ s written acceptance of the terms of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service ( other than taxes on Locality Media’ s income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party in connection with the Customer' s purchase or use of the Service under this Agreement.

8. Locality Media owns and shall retain all right, title, and interest in and to the Service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code ( which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer’ s use of the Data that the Customer has provided.

9." Confidential Information" means any and all information disclosed by either party to the other which is marked confidential" or "proprietary," including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media' s Confidential Information. Notwithstanding the foregoing, " Confidential Information" does not include any information that the receiving party can demonstrate ( i) was known to it prior to its disclosure hereunder; ( ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; ( iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; ( v) has been approved for release by the disclosing party' s prior written authorization; or (vi) is required to be disclosed by court order or applicable law, provided that the party required to disclose the information provides prompt advance notice thereof to the other party except to the extent such notice is prohibited by law).

10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other Zoho Sign Document ID: 2AB7F2F4- SMEJKS8NAAPUQUKXQEFOUNZOLMWQJU7WALAI1JLTDWW

COU No. 2324- 190
Locality Media, Inc. Agreement Dec 2023 Page 3 of 12
party. Each party shall use the same degree of care to protect the other party' s Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party' s Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions.

11. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other' s Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents or consultants.

12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO

PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA

MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR

DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS. Locality Media will provide the service on a 24X7X365 basis with an uptime guarantee of 99.5% availability excluding scheduled maintenance.

Locality Media will respond to Customer and provide Initial Responses, Temporary Resolutions and Final Resolutions in accordance with the time requirements set forth in the table below.

Severity Level: Vendor’ s Initial
Response will be
provided within:

Vendor’ s Temporary
Resolution will be
provided within:

Vendor’ s Final
Resolution will be
provided within:
1: Mission Critical – Software is down
undiagnosed but feared critical;
situation may require a restore and
Software use is suspended until a
diagnosis is given
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
2: Critical Issue – Software is not down,
but operations are negatively
impacted
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
3: Non-Critical Issue – resolution period
to be mutually agreed upon
4 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
3 days from receipt of
initial notice from the
Customer, or discovery,
of the error
15 days from receipt of
initial notice from the
Customer, or error
discovery

13. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO

WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.

14. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users.

Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third-party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use Zoho Sign Document ID: 2AB7F2F4- SMEJKS8NAAPUQUKXQEFOUNZOLMWQJU7WALAI1JLTDWW

COU No. 2324- 190
Locality Media, Inc. Agreement Dec 2023 Page 4 of 12
of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer' s functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer.

15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses ( including, but not limited to, reasonable attorneys' fees) ( collectively, Losses") resulting from any third-party claim, suit, action, investigation or proceeding ( each, an "Action") brought against the Customer based on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer’ s breach of any third party agreement, or any combination or integration of the Service with any Customer- or third-party property, method or system.

16. The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (i) any breach by the Customer of Section 8; or (ii) any Action by a Customer User or third party arising from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of Locality Media.

17. Such indemnification under Sections 15 and 16 will be provided only on the conditions that: (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; ( b) the indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’ s prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party.

18. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS

NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR

CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING

FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND

EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE

LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN

EXCESS OF THE GREATER OF ( A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR ( B) $ 5,000.

19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement.

20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.

21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy.

23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. Neither party intends to grant any third-party beneficiary rights as a result of this Agreement.

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