City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/88667788948 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 886 6778 8948
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.
October 7, 2026 - 5:15 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
4.a. Acknowledgments:
• October 12, 2026, as Indigenous Peoples' Day
Recommended Action: Recognize acknowledgements.
Attachments:
1. October 7, 2026 Acknowledgements
4.b. Status Report from Owner of the Palace Hotel.
Recommended Action: Receive report.
Attachments: None
4.c. 2027-35 Ukiah Housing Element Update Kickoff Presentation.
Recommended Action: Receive presentation from Staff on the updating of the City of Ukiah Housing Element, including an overview of process, timeline, and expectations.
Attachments:
1. HCD Housing Element Completeness Checklist
5. PETITIONS AND COMMUNICATIONS
6. APPROVAL OF MINUTES
6.a. Approval of the Minutes for the September 16, 2026, Regular Meeting.
Recommended Action: Approve the minutes for the September 16, 2026, Regular Meeting.
Attachments:
1. 2026-09-16 Draft Minutes
7. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.
8. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.
Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.
8.a. Report of Disbursements for the Month of August 2026.
Recommended Action: Approve the report of disbursements for the month of August 2026.
Attachments:
1. August 2026 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. August 2026 Disbursements Detail
8.b. Approval of Plans and Specifications for the North State and Highway 101 Utility Infrastructure Boring Project, Specification 26-02, to Install Underground Infrastructure for Electric, Middle Mile Broadband Initiative (MMBI), and the Ukiah Gigabit Fiber Project (Last Mile Fiber); and Direct Staff to Advertise for Bids.
Recommended Action: Approve the Plans and Specifications for the North State and Highway 101 Utility Infrastructure Boring Project, Specification 26-02, to install underground infrastructure for Electric, Middle Mile Broadband Initiative (MMBI), and the Ukiah Gigabit Fiber Project (Last Mile Fiber); and direct Staff to advertise for bids.
Attachments:
1. Specification - North State and Hwy 101 Utility Infrastructure Boring
2. Stamped Dwgs State St at Hwy Boring Project
3. N STATE HWY 101 BORE Engineering Estimate
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda that is within the subject matter jurisdiction of the City Council, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.
10. COUNCIL REPORTS
11. CITY MANAGER/CITY CLERK REPORTS
12. PUBLIC HEARINGS (5:30 PM)
12.a. Public Hearing to Consider Adoption of a Resolution to Adjust the Electric Vehicle Charging Station Rate and Establish a DC Fast Charging Rate.
Recommended Action: Adopt resolution revising the Electric Vehicle Charging Station Rate and establishing a DC Fast Charging Rate.
Attachments:
1. Resolution 2019-17 EV Charging Station Rate
2. 2026 Resolution with Appendix A
3. EV Charging Station Rates
13. UNFINISHED BUSINESS
13.a. Status Report on the Emergency Contract with Diamond D Construction, LLC for Landslide Mitigation Work at the Pressure Zone 1 Water Storage Tank and Request for Authorization to Continue Work Under This Emergency Contract.
Recommended Action: Review the emergency action for the contract with Diamond D Construction, LLC for landslide mitigation work at the Pressure Zone 1 water storage tank and determine, by a four-fifths vote pursuant to Public Contract Code section 22050(c)(1), that emergency conditions continue to require immediate action without competitive bidding and that there is a need to continue the emergency action.
Attachments:
1. Reso 2026-65 - Approving Emergency Procurement for Water Tank in Western Hills
2. SHN-CityofUkiah-Proposal
13.b. Receive Annual Report Regarding the City of Ukiah's Electric Utility Wildfire Mitigation Plan in Response to Sentate Bill 901.
Recommended Action: Receive annual report regarding the City of Ukiah's Electric Utility Wildfire Mitigation Plan in response to Senate Bill 901.
Attachments:
1. City of Ukiah's 2026 Wildfire Mitigation Plan FINAL
14. NEW BUSINESS
14.a. Adoption of a Resolution Proclaiming a Local Emergency for the 2026-2027 El Niño Event.
Recommended Action: Adopt a Resolution proclaiming the existence of a local emergency in the City of Ukiah for the developing 2026–2027 El Niño event.
Attachments:
1. Proclamation of Emergency re Super El Nino
14.b. Adoption of Resolution Approving Award of Emergency Contract with Wipf Construction, in the Amount of $253,305 for Trenching, Conduit Installation, Repaving, and Equipment Box Placement in Oak Manor Subdivision; and Approval of Corresponding Budget Amendment.
Recommended Action: Adopt Resolution approving award of emergency contract with Wipf Construction, in the amount of $253,305 for trenching, conduit installation, repaving, and equipment box placement in Oak Manor Subdivision; and approval of corresponding budget amendment.
Attachments:
1. Emergency Underground Oak Manor Drawing
2. Oak Manor Emergency Work Estimate
3. Oak Manor Emergency Work Resolution
14.c. Authorization for the Mayor to Work with Staff to Finalize, Sign, and Submit a Joint Rural Northern California Cities Letter to the State Legislature Related to the 7th Cycle Regional
Housing Needs Allocation (RHNA) Determination and Methodology; and/or Provide Additional Direction to Staff as Necessary.
Recommended Action: Authorize the Mayor to work with Staff to finalize, sign, and submit a joint rural northern California cities letter to the State Legislature related to the 7th Cycle Regional Housing Needs Allocation (RHNA) Determination and Methodology; and/or provide additional direction to Staff as necessary.
Attachments:
1. Joint rural cities 7th cycle RHNA reform letter (DRAFT)
14.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).
Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).
Attachments:
1. 2026 City Council Special Assignments & Ad Hocs
15. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING
15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
15.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation (1 case)
15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
15.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC
15.e. Conference with Legal Counsel - Existing Litigation (Government Code § 54956.9(1)(d))
City of Camden et al. v. 3 M Corporation (USDC South Carolina, Charleston Division) 2.23-cv03147, 03230
15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Kylle St. Pierre v. City of Ukiah, et al.; Case No. CV 26-07749
15.g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 170-030-05; 170-030-03; 170-010-05; 170-020-07; 170-020-11; 170-040- 03; 170-020-08
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Project Ovis LLC
Under Negotiation: Price & Terms of Payment
16. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Araceli Sandoval
Posted: 10/2/26
Agenda Item No: 4.a.
MEETING DATE/TIME: 10/7/2026
ITEM NO: 2026-1580
AGENDA SUMMARY REPORT
SUBJECT: Acknowledgments:
• October 12, 2026, as Indigenous Peoples' Day
DEPARTMENT: City Clerk PREPARED BY: Araceli Sandoval, Deputy City Clerk PRESENTER: Mayor Sher
ATTACHMENTS:
1. October 7, 2026 Acknowledgements
Summary: City Council will recognize several important people, causes, and community observances through acknowledgements.
Background: While the City reserves formal proclamations for unique milestones and extraordinary achievements, acknowledgements allow the City to consistently recognize the many organizations, professions, cultures, and causes that strengthen the Ukiah community throughout the year.
Discussion: The City of Ukiah recognizes (Attachment 1):
• October 12, 2026, as Indigenous Peoples' Day, celebrating the rich and diverse cultures, traditions, and contributions of Indigenous peoples and recognizing the continued presence and contributions of Tribal communities in Mendocino County.
The City of Ukiah extends its appreciation to all individuals contributing to these efforts and recognizes the many dedicated professionals whose behind-the-scenes work, commitment, and expertise strengthen and serve the community.
Recommended Action: Recognize acknowledgements.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: N/A GRANT: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): SP 3C - Instill diversity, equity, and inclusion as essential core elements of policymaking, accountability, and delivery of City services.
GENERAL PLAN ELEMENTS (GP): N/A
City Council Acknowledgements for October 7, 2026.
The City of Ukiah recognizes an important observance that celebrates the history, culture, resilience, and contributions of Indigenous peoples and acknowledges the Tribal communities that have long been part of our region.
The City recognizes October 12, 2026, as Indigenous Peoples’ Day, celebrating the rich and diverse cultures, traditions, and contributions of Indigenous peoples and recognizing the continued presence and contributions of Tribal communities in Mendocino County.
The City of Ukiah extends its appreciation to the Indigenous peoples and Tribal communities who contribute to the cultural, civic, and economic vitality of our region and remains committed to fostering respectful relationships and a welcoming, inclusive community.
Recognized by the City Council of the City of Ukiah
October 7, 2026
Attachment 1
Agenda Item No: 4.b.
MEETING DATE/TIME: 10/7/2026
ITEM NO: 2026-1586
AGENDA SUMMARY REPORT
SUBJECT: Status Report from Owner of the Palace Hotel.
DEPARTMENT: City Manager /
Admin PREPARED BY: Shannon Riley, Deputy City Manager
PRESENTER: Tom Carter, Palace Hotel Owner
ATTACHMENTS:
None
Summary: The owner of the Palace Hotel will provide the City Council with a status update of his project.
Background: Tom Carter purchased the Palace Hotel approximately two years ago.
Discussion: Mr. Carter will provide the City Council with a verbal status update on the Palace Hotel project.
Recommended Action: Receive report.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Agenda Item No: 4.c.
MEETING DATE/TIME: 10/7/2026
ITEM NO: 2026-1563
AGENDA SUMMARY REPORT
SUBJECT: 2027-35 Ukiah Housing Element Update Kickoff Presentation.
DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:
1. HCD Housing Element Completeness Checklist
2. Presentation Given
Summary: Council will receive a presentation regarding the kickoff of the 2027-35 Housing Element Update.
Background: The City is required to adopt a housing element at least every five or eight years, as determined by the California Department of Housing and Community Development (HCD). The housing element is one of eight required elements of the General Plan but must be updated more frequently than other elements, on a schedule determined by HCD in coordination with regional councils of government and jurisdictions. The City's current housing element was last adopted in 2019 and encompassed an eight-year planning period, from June 30, 2019, to June 30, 2027.
In 2017, the Ukiah City Council adopted a housing strategy that was incorporated into and guided the updating of the City's 2019-27 housing element. Policies 1A, 1B, and 3A of the City Council's strategic plan also emphasize development of a housing plan that leads to a high quality of life and fosters diverse, inclusive, sustainable, and accessible neighborhoods.
Implementation of City Council policy direction through the 2019-27 housing element led to the award of the pro-housing designation, the securing of significant amounts of new grant funding for housing production, and the construction of a sizable number of new market-rate and affordable housing units in Ukiah. The City is currently on track to meet and exceed its 2019-2027 Regional Housing Needs Allocation (RHNA) of 239 units, one of only a handful of cities and counties in California with this distinction.
Discussion: Due to the number of new State housing bills passed by the State Legislature in the last eight years prescribing how cities and counties are to prepare housing elements, including new mandatory housing element review periods for HCD, Staff believes the 2027-35 seventh cycle Housing Element Update will be an exercise in ensuring compliance with state housing element law. The State's housing completeness checklist, for example, has grown to 12 pages of specific and detailed requirements (Attachment 1).
Like the 2019-27 Housing Element Update, Staff plans to prepare the 2027-35 Housing Element Update inhouse with staff from the planning and housing divisions. A central question for this seventh cycle Housing Element will be how the City will accommodate its new RHNA assignment of 1,500 units. To get suggestions and feedback on this question, including what new programs may need to be considered to achieve this assignment, Staff has scheduled a community workshop on Thursday, October 29, 2026. Staff also plans to table at PumpkinFest to further secure input and feedback.
State law requires that HCD review and certify the City's Housing Element, which requires a 90-day HCD
review period and potential revisions and subsequent 60-day reviews. Also required is a 30-day public review requirement, and for the City's Housing Element, a Mendocino County Airport Land Use Commission consistency review. The City's Housing Element Update must be certified by HCD by August 15, 2027.
The multiple review periods create a condensed timeline for the drafting of the housing element update. In order to meet the required certification timeline, the administrative draft of the Housing Element must be completed by November 30, 2026. During the two months of October and November, Staff will perform an analysis of housing needs; prepare the site inventory and analysis, including a new affirmatively furthering fair housing analysis; perform an analysis of potential governmental constraints, zoning, and alternative methods to accommodate the RHNA; undertake a general plan consistency analysis, as well as reviewing other elements triggered by a housing element update process; and perform a review of existing implementation programs and an analysis of potential new implementation programs.
Staff is currently assembling a community outreach contact list to release information about public participation opportunities and other key dates in the Housing Element Update process. The contact list will be comprehensive, spanning representatives from as near to every sector of the Ukiah community as possible. In addition to posting updates on the City's new Housing Element Update webpage, set to go live by October 7, 2026, Staff will post updates on the City's social media pages.
Staff recommends Council receive the presentation and discuss any questions and/or provide feedback to Staff.
Recommended Action: Receive presentation from Staff on the updating of the City of Ukiah Housing Element, including an overview of process, timeline, and expectations.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A - updated to be completed by City staff in the planning and housing divisions.
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): SP 1A - Build neighborhoods that provide access for all to a compatible balance of housing, employment, commercial, medical, education, and recreational resources; SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods; SP 3A - Review and revise land use planning documents to be reflective of the longterm vision for the community.
GENERAL PLAN ELEMENTS (GP): GP-A8 - Housing Element (2019-2027).
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Housing Element Update
2027-35 Planning Cycle
Element Kickoff Presentation
What has changed?
1. More state housing bills were passed, so there are
many more state requirements to meet and
incorporate into the Element
2. New mandatory HCD review timelines
3. More State Control / less local control
List of State HE Bills adopted since 2019
2019-20: AB 130, SB 131
2021: SB 786
2022: AB 1308, SB 79
2023: AB 712, SB 1003
2024: AB 130 (updated), SB 131 (expansion)
2025: SB 786 (expansion), AB 1308, SB 79 (expansion), AB 712 (expansion), SB 1003 (expansion)
2027-2035
1,500 units
2014-2019 = 45 units
2019-2027 = 239 units
RHNA
What has stayed the same?
• Community Development Department staff preparing update in-house. • Multiple opportunities for City Council, Planning Commission, other boards and commissions, stakeholders, and community to provide input and comments. Tonight’s kickoff meeting
Planning Commission regular meeting of October 14
PumpkinFest Interactive Housing Element Update table, October 17 and 18 Community Workshop – conference center – October 29, 5:30-7:30 pm Airport Land Use Commission hearing (tentatively, Jan 2027) • Eight-year planning cycle, 2027-2035
• Intention to further streamline the element, setting realistic and implementable goals
Work Plan
What happens if a city does not adopt a housing element or the housing element is not in compliance with state law? (Town of Fairfax website)
AGENDA ITEM 6a
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/83116103897 September 16, 2026
5:15 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 16, 2026, having been legally noticed on September 11, 2026. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/83116103897. Mayor Sher called the meeting to order at 5:18 p.m. Roll was taken with the following Councilmembers Present: Douglas F. Crane, Mari Rodin, Heather Criss, Juan V. Orozco, and Susan Sher. Staff Present: Sage Sangiacomo, City Manager; Darcy Vaughn, City Attorney; and Araceli Sandoval, Deputy City Clerk.
MAYOR SHER PRESIDING.
2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Rodin.
3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS
There were no AB 2449 notifications or considerations.
4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Acknowledgements.
Presenter: Mayor Sher.
Mayor Sher recognized:
• September 15, 2026, as National Information Technology Professionals Day No public comment was received.
b. Receive Presentation of Exceptional Employee Recognition Awards.
Presenters: Sage Sangiacomo, City Manager; Shannon Riley, Deputy City Manager; Tom Corning, Police Chief; Dan Buffalo, Finance Director; and Daniel Davis, Senior IT Specialist; and Mayor Sher.
No public comment was received.
Exceptional Employee Recognition Awards were received by:
Maria Ceja, Department Analyst; City Manager's Office: Maria consistently goes above and beyond to support employees throughout the organization. No task is too far outside the scope of her regular duties. She willingly steps in and stays until the job is done. Whether supporting the City Manager with a presentation, delivering refreshments for an extended meeting, staying late for a Diversity and Equity Committee event, responding to an "urgent" citizen engagement request after hours, or an early-morning creamer run to ensure everyone is properly caffeinated before 8 a.m., Maria brings a positive, service-oriented attitude. Her role in coordinating and organizing the City's many all-employee events throughout the year is priceless, as she often handles countless details behind the scenes. Her responsiveness, teamwork, and willingness to help wherever needed
City Council Minutes for September 16, 2026, Continued:
exemplify the City's Core values.
Daniel Davis and James Brown, Sr. IT Specialists; Finance Department: In September 2025, the Ukiah Police Department transitioned from an outdated CAD/RMS system to Sun Ridge Solutions’ RIMS platform. Daniel Davis and James Brown demonstrated exceptional dedication throughout this major undertaking, helping build and configure the supporting IT infrastructure, coordinate connectivity with the Department of Justice, troubleshoot complex issues, test the new environment, and prepare a training room with mock workstations. As the go-live date approached, they worked extended hours and remained readily available to Police staff, helping ensure a successful transition with minimal disruption. Their technical skill and collaboration, supported by the efforts of the entire City IT Department, were instrumental to the project’s success and exemplify exceptional public service and teamwork.
Chris Pittman and Jessica Foell, Dispatchers; and Tiffany Breece, Supervising Dispatcher; Police Department: On Friday, August 7, 2026, at approximately 10:35 a.m., Dispatch Supervisor Tiffany Breece received a call from a citizen reporting that an aircraft had crashed on N. Main Street between E. Smith Street and Norton Street. This unusual and rapidly developing incident immediately placed significant demands on the Communications Center. Newly trained Dispatcher Jessi Foell quickly demonstrated exceptional composure and initiative by starting a call for service, coordinating the response of a Community Services Officer, and adding additional units as the situation developed. Over the next 10 minutes, Jessi, along with Supervisor Tiffany Breece and Dispatcher Chris Pittman, fielded more than 25 calls from concerned citizens while simultaneously managing the increased radio traffic associated with the incident. As reports of power outages began coming in from throughout the area, the team recognized the need for proactive public communication and promptly issued a Nixle alert advising the community of the outages and anticipated traffic delays.
Throughout the incident, Communications personnel also assisted with contacting multiple City departments and other agencies to facilitate communication and coordinate the City's response.
Although emergency situations vary, an aircraft crash is an extremely uncommon and high-pressure event, making this an exceptional training opportunity for a newly trained dispatcher. Jessi performed phenomenally under pressure, demonstrating sound judgment, initiative, and the ability to quickly adapt to an unprecedented situation. Equally important, Chris and Supervisor Tiffany provided outstanding support by handling as many incoming and outgoing calls as possible, allowing Jessi to remain focused on the demanding radio traffic and rapidly changing requests. The teamwork, professionalism, and calm response demonstrated by all three employees exemplify the high level of service and dedication expected from the Ukiah Police Department Communications Division and make them highly deserving of recognition through the Exceptional Employee Award.
Lori Martin, Billing and Customer Service Manager; Barbara Babcock and Gina Haufler, Customer Service Team Leaders; and the Utility Billing Team; Finance Department: The Utility Billing team demonstrated exceptional dedication and teamwork during the Milsoft CIS implementations for both the Ukiah Valley Water Authority (UVWA) and Ukiah Valley Sanitation District (UVSD). Led by Lori, Gina, and Barbara, the team took on significant additional responsibilities while continuing to maintain daily utility billing and customer service operations. Their work included extensive system testing, troubleshooting, data validation, process development, and coordination with Milsoft and agency partners. Throughout two complex implementations, the team adapted to new processes, resolved challenges, supported one another, and remained focused on minimizing impacts to customers. Their collective effort, flexibility, and commitment went well beyond normal duties and exemplified outstanding public service. The team was asked to rise up and meet a significant challenge, outside their regular duties and responsibilities, and delivered for our citizenry.
Myles Fisette, Purchasing Manager; Finance Department: Myles Fisette consistently goes above and beyond in his role as Purchasing Manager, helping departments solve complex problems and
City Council Minutes for September 16, 2026, Continued:
keeping major City projects moving forward. During the City’s transition from Mitel to RingCentral, he played a vital role in coordinating purchasing, vendor requirements, departmental needs, and numerous administrative details. Whenever challenges arose, he remained responsive and focused on finding practical solutions. His initiative, collaboration, experience, and sound judgment were invaluable to the successful implementation of the new phone system. This project and many other important City initiatives would not have been as successful without his support. c. Proclamation Honoring David Rapport's 43 Years of Service to the City of Ukiah.
Presenter: Mayor Sher.
No public comment was received.
Proclamation was received by David Rapport.
RECESS 5:45 P.M. – 5:53 P.M.
5. PETITIONS AND COMMUNICATIONS
Deputy City Clerk, Araceli Sandoval, stated that all communications had been distributed.
6. APPROVAL OF MINUTES
a. Approval of the Minutes for the September 2, 2026, Regular Meeting.
Motion/Second: Criss/Orozco to approve Minutes of September 2, 2026, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.
7. RIGHT TO APPEAL DECISION
Mayor Sher read the right to appeal.
8. CONSENT CALENDAR
a. Review and File Update to the Landfill Closure Financial Plan – Finance. b. Consideration of Adoption of Resolution for the Approval of Amended and Restated Ukiah Valley Basin Groundwater Sustainability Agency (UVBGSA) Joint Powers Agreement and Technical Advisory Committee (TAC) Memorandum of Understanding for the UVBGSA – City Manager – Pulled from Agenda by Staff.
c. Adoption of an Ordinance Amending Section 1166 of the Ukiah City Code Regarding Design Review Board Meetings, Rules, and Records – City Clerk.
ORDINANCE NO. 1270
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 1, CHAPTER 3, ARTICLE 4B, SECTION 1166 OF THE UKIAH CITY CODE, PERTAINING TO MEETINGS; RULES; RECORD FOR THE DESIGN REVIEW BOARD
d. Adoption of Resolution (2026-64) Amending the Appendix to the Conflict of Interest Code to Reflect a Current List of Economic Disclosure Filers – City Clerk. e. Adoption of Resolution Approving an Application for Statewide Park Development and Community Revitalization Program Grant Funds for Development of a Wagenseller Neighborhood Park – Community Services – Pulled by public member Linda Sanders and placed as Agenda Item 14b.
City Council Minutes for September 16, 2026, Continued:
f. Authorization for City Manager to Negotiate and Execute Lease Agreement (2627-101) with Ukiah Unified School District for the Use of District Property for a Community Tree Nursery – Community Development.
g. Approval of Purchase (P.O. 49069) of Server Room Cooling System for the Remodel of 501 South State Street from Harold Wells Associates, Inc. in the Amount of $81,782.72, and Corresponding Budget Amendment – Community Development.
Aaron Yang, Urban Forest Manager, answered questions from Councilmember Crane regarding Agenda Item 8f.
Motion/Second: Crane/Rodin to approve Consent Calendar Items 8a, 8c-8d, and 8f-8g, as submitted. Motion carried by the following roll call votes: AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.
9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Public Comment: Annie Esposito – Flock cameras and Clementine (no surname given) – Flock cameras.
10. COUNCIL REPORTS
Presenter: Councilmembers Criss and Rodin, and Vice Mayor Orozco.
11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
• Courthouse Project Report – Shannon Riley, Deputy City Manager. • Groundwater Well Search Update – Jared Walker, Water Resources Director.
Councilmember Rodin gave an additional Council report.
12. PUBLIC HEARINGS (5:30 PM)
No public hearings were placed on the agenda.
13. UNFINISHED BUSINESS
a. Adoption of a Resolution Approving Award of an Emergency Contract with Diamond D Construction, LLC in the Amount of $148,580 for Landslide Mitigation Work at the Pressure Zone 1 Water Storage Tank and Approval of Corresponding Budget Amendment.
Presenters: Jared Walker, Water Resources Director and Tim Eriksen, Public Works Director.
No public comment was received.
Motion/Second: Criss/Rodin to adopt resolution (2026-65) approving award of an emergency contract (2627-102) with Diamond D Construction, LLC in the amount of $148,580 for Landslide Mitigation Work at the Pressure Zone 1 water storage tank and approval of corresponding budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Criss, Orozco, and Sher.
NOES: Crane. ABSENT: None. ABSTAIN: None.
14. NEW BUSINESS
a. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).
No reports were received.
City Council Minutes for September 16, 2026, Continued:
b. Adoption of Resolution Approving an Application for Statewide Park Development and Community Revitalization Program Grant Funds for Development of a Wagenseller Neighborhood Park – from Consent Calendar Item 8e.
Presenter: Jake Burgess, Community Services Director.
Public Comment: Linda Sanders and John Lazaro.
Motion/Second: Rodin/Criss to adopt a Resolution (2026-66) approving an application (2627- 103ga) for Statewide Park Development and Community Revitalization Program grant funds for development of a Wagenseller neighborhood park. Motion carried by the following roll call votes:
AYES: Crane, Rodin, Criss, Orozco, and Sher. NOES: None. ABSENT: None. ABSTAIN: None.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:44 P.M.
15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation (1 case)
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort, Inc v. City of Ukiah, et al.; Case No. 24-cv-07106-JSC e. Conference with Legal Counsel - Existing Litigation
(Government Code § 54956.9(1)(d))
City of Camden et al. v. 3 M Corporation (USDC South Carolina, Charleston Division) 2.23-cv03147, 03230 f. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Kylle St. Pierre v. City of Ukiah, et al.; Case No. CV 26-07749 g. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Schafer
Under Negotiation: Price & Terms of Payment
No action reported; direction provided to Staff.
16. ADJOURNMENT
There being no further business, the meeting adjourned at 8:15 p.m. ________________________________
Araceli Sandoval
Deputy City Clerk
Agenda Item No: 8.a.
MEETING DATE/TIME: 10/7/2026
ITEM NO: 2022-1479
AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of August 2026.
DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:
1. August 2026 Summary of Disbursements
2. Account Codes for Reference
3. Object Codes for Reference
4. August 2026 Disbursements Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of August 2026.
Background: Payments made during the month of August 2026 are summarized in the Report of Disbursements. Further details are supplied on the Schedule of Bills, representing the five (5) individual payment cycles within the month.
Accounts Payable Check Numbers (City & UVFA): 03069162-03069269; 03069270-03069352; 03069353- 03069473; 03069474-03069563
Accounts Payable EFT#:14-16
Accounts Payable Wire Transfer:192-195
Payroll Check Numbers: 520386-520437; 520438-520527
Payroll Manual Check Numbers: NA
Direct Deposit Numbers: 148850-149213; 149214-149611
Manual Direct Deposit Numbers: NA
Void Check Numbers: NA
Void Direct Deposit Numbers: NA
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.
Attachment #1: August 2026 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: August 2026 Disbursement Detail
Recommended Action: Approve the report of disbursements for the month of August 2026.
BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: N/A GRANT: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): N/A
GENERAL PLAN ELEMENTS (GP): N/A
Attachment 1
FUNDS:
100 General Fund $191,120.38 700 Sanitary Disposal Site Fund $117,604.46 101 GF-(Sub-Fund) Visit Ukiah $0.00 701 Landfill Corrective Fund $0.00 105 GF-(Sub-Fund) Fire Authority $56,377.95 702 Disposal Closure Reserve Fund $0.00 106 USDA Forest Serv CWDG $30,422.39 704 Post Closure Fund - Solid Waste $0.00 110 Special General Fund $0.00 710 Ambulance Services Fund $110,486.57 120 Streets Capital Improvement $0.00 720 Golf Fund $39,589.02 130 Gov'tl Debt SVC/Reserve Fund $0.00 730 Confernence Center Fund $8,256.56 131 Debt Service Reserve 2022 LRB $0.00 750 Visit Ukiah $0.00 200 City Adminstrative Services $82,062.66 777 Airport Fund $202,370.76 201 Worker's Comp Fund $8,446.58 778 Airport Capital Improvement Fund $0.00 202 Liability Fund $0.00 779 Special Aviation Fund $0.00 203 Garage Fund $19,941.19 800 Electric Fund $1,340,631.60 204 Purchasing Fund $4,979.52 801 Electric Capital Reserve Fund $63,975.48 205 Billing & Collections Fund $38,822.36 803 Lake Mendocino Bond Reserve $169,550.00 206 Public Safety Dispatch Fund $7,463.37 805 Street Lighting Fund $12,225.53 207 Payroll Posting Fund $104,223.15 806 Public Benefits Fund $7,873.54 208 Building Maintenance/Corp Yard Fund $97,753.04 807 Cap and Trade $0.00 209 IT Fund $520,204.33 808 Electric Low Carbon Fuel STDS $0.00 220 Equipment Reserve Fund $0.00 820 Water Fund $180,697.72 249 City Housing Bond Proceeds $0.00 821 Water Capital Reserve Fund $0.00 250 Special Revenue Fund $0.00 822 Water Capital Improvement Fund $634,875.63 251 Special Projects Reserve Fund $0.00 825 UVWA Water Shared Expneses $12,568.80 252 Streets/ROW Improvement Fund $0.00 830 Recycled Water Fund $41,973.36 253 CITY PROP 172 $0.00 840 City/District Sewer Fund $254,142.30 300 Park Development Fund $5,884.36 841 Sewer Contruction Fund $999,378.43 301 Anton Stadium Fund $0.00 843 Sewer Capital Fund $0.00 302 Observatory Park Fund $0.00 846 UVWA Water Shared Expneses $0.00 303 Playground & Park Amenities Fund $0.00 900 Special Deposit Trust $27,907.49 304 Swimming Pool Fund $0.00 901 General Service (Accts Recv) $0.00 305 Riverside Park Fund $0.00 902 U.S.W. Billing & Collection $3,976.25 306 Skate Park Fund $0.00 903 Public Safety - AB 109 $0.00 308 Opioid Settlement Fund $0.00 905 Federal Emergency Shelter Grant $0.00 310 Museum Grants $0.00 905 Mendocino Emergency Service Authority $0.00 311 Alex Rorbaugh Recreation Center Fund $6,105.75 911 Russian River Watershed Association $39,077.33 312 Downtown Business Improvement Fund $0.00 915 UVFD $0.00 313 LMIHF Housing Asset Fund $0.00 916 UVFD PROP 172 $0.00 314 Winter Special Events $0.00 917 UVFD Measure B $0.00 315 Advanced Planning Fund $0.00 918 UVFD Mitigation $0.00 316 SPECIAL RECREATION EVENTS $1,250.00 920 MSWMA Operations $43,780.63 500 2106 Gas Tax Fund $89,267.60 922 Millview County Water District $28,471.58 501 2107 Gas Tax Fund $0.00 923 Milview Capital Charge $200,000.00 503 2105 Gas Tax Fund $0.00 927 Redwood Valley Water District $118,135.92 505 Signalization Fund 932 Willow Water District Operations $19,806.39 506 Bridge Fund $0.00 937 Calpella Water District Operations $21,787.32 507 1998 STIP Augmentation Fund $0.00 937 Calpella Sewer $2,483.00 508 SB325 Reimbursement Fund $0.00 940 Sanitation District Special Fund $4,203.47 509 S.T.P. Fund $0.00 942 Rate Stabilization - UVSD Fund $0.00 510 Trans-Traffic Congest Relief Fund $0.00 943 Sanitation District Capital Improvement Fund $0.00 511 Rail Trail Fund $0.00 945 River Estate Operations $4,845.39 600 Community Development Block Grant $0.00 947 Hopland Water Operations $8,161.95 601 EDBG 94-333 Revolving Loan $0.00 950 Hopland Sewer Operations $10,459.92 602 Community Development Fund $0.00 952 REDIP Sewer Enterprise Fund $0.00 603 08-HOME-4688 $0.00 960 Community Redevelopment Agency $0.00 604 CDBG Grant 09-STBG-6417 $0.00 961 RDA Housing Pass-Through $0.00 605 11-HOME-7654 Fund $0.00 962 Redevelopment Housing Fund $0.00 606 CDBG Grant 10-EDEF-7261 $0.00 963 Housing Debt $0.00 607 Prop 84 Grant Fund $0.00 964 RDA Capital Pass-Through $0.00 609 13-CDBG-8940 $0.00 965 Redevelopment Capital Improvement Fund $0.00 610 City RDA Projects Fund $0.00 966 Redevelopment Debt Service $0.00 613 Home Program Activities $0.00 967 Housing Bond Proceeds $0.00 620 CASP Train $0.00 968 Non-Housing Bond Proceeds $0.00 630 Asset Seizure Fund $262.00 969 RDA Obligation Retirement Fund $1,600.00 631 Asset Seizure Fund (Drug/Alcohol) $0.00 844/944 Sewer Capital Projects Fund $1,250.00 633 H & S Education 11489(B)(2)(A1) $0.00
634 Federal Asset Seizure Grants $0.00
635 SUP Law Enforcement Service Fund $0.00
636 CBTHP Officer $0.00 Retainage Withheld $0.00
637 Local Law Enforcement Block Grant $0.00 611 CDBG 16-CDBG-11147 $153,111.00 638 Asset Forfeiture 11470.2 H & S $0.00
639 Special Revenue - Police $0.00
640 Parking District Fund $908.18
670 Federal American Rescue Fund $0.00
691 Museum Fund $0.00
695 Transfer Station Fund $0.00
696 Solid Waste Mitigation Fund $161.86
PAYROLL CHECK NUMBERS: 520386-520437
DIRECT DEPOSIT NUMBERS: 148850-149213
PAYROLL PERIOD: 07/19/26-08/01/26
PAYROLL CHECK NUMBERS:520438-520527
DIRECT DEPOSIT NUMBERS:149214-149611
PAYROLL PERIOD: 08/02/26-08/15/26
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD: TOTAL DEMAND PAYMENTS- A/P CHECKS $6,150,914.07 TOTAL DEMAND PAYMENTS- EFT's $28,457.52
VOID CHECK NUMBERS: TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,780,144.88 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $981,812.00
* vendor name( if applicable)
WIRE TRANSFER NUMBERS: 192-195
CERTIFICATION OF CITY CLERK
TOTAL PAYMENTS $8,912,870.95
This register of Payroll and Demand Payments was duly
approved by the City Council on ____________________.
City Clerk
APPROVAL OF CITY MANAGER
I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy
and available funds.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:
CITY OF UKIAH
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF AUGUST 2026
Account Code Summary Attachment 2
10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK
10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT
10020214 POLICE VOLUNTEERS 20013540 ACCOUNTS PAYABLE
10020216 COPS GRANT 20016300 PAYROLL
10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING
10020218 POLICE CSO 20013401 BUDGET MANAGEMENT
10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY
10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES
10022100 PARKS 20023510 HOUSING GRANTS
10022300 AQUATICS 20023520 NON-HOUSING GRANTS
10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND
10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND
10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT
10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND
10022831 YOUTH BASKETBALL 20324100 GARAGE
10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE
10022840 DAY CAMP 20400000 PURCHASING FUND
10022850 CLASSES & CLINICS 20413500 PURCHASING
10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING
10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER
10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND
10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE
10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND
10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND
10600000 USDA FOREST SERV CWDG 25100000 SPECIAL PROJECTS RESERVE FUND 12000000 STREET REHABILITATION 25200000 STREETS/ROW IMPROVEMENT FUND 12024200 PUBLIC WORKS ENGINEERING 25224220 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25300000 PROP 172 FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25321210 CITY FIRE 20000000 CITY ADMINISTRATIVE SERVICES 30000000 PARK DEVELOPMENT FEES FUND 20010000 CITY COUNCIL 30022200 PARK DEVELOPMENT
20012100 CITY MANAGER 30100000 ANTON STADIUM FUND
Account Code Summary Attachment 2
20012200 ADMINISTRATIVE SUPPORT 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30200000 OBSERVATORY PARK FUND 63520210 SLESF
30300000 PLAYGROUND & PARK AMENITIES FU 63600000 CBTHP OFFICER 30322230 PLAYGROUND AND PARK AMENITIES 63620210 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63800000 ASSET FORFEITURE 11470.2 H&S F 30522250 RIVERSIDE PARK 63820210 ASSET FORFEITURE 11470 EXPENDI 30600000 SKATE PARK FUND 63900000 SPECIAL REVENUE POLICE 30700000 SOFTBALL COMPLEX FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 30800000 OPIOD SETTLEMENT FUND 64012600 ECONOMIC DEVELOPMENT 31100000 ARRC GENERAL OPERATING FUND 64020213 POLICE PARKING ENFORCEMENT 31122000 ARRC 67000000 FEDERAL AMERICAN RESCUE FUNDS
31200000 DOWNTOWN BUSINESS IMPROVEMENT 69500000 TRANSFER STATION 31212600 ECONOMIC DEVELOPMENT 69624000 SOLID WASTE MITIGATION FUND 31300000 LMIHF HOUSING ASSET FUND 70000000 SANITARY DISPOSAL SITE FUND 31323400 HOUSING 70024500 LANDFILL 700
31323431 LMI GENERAL ADMIN 70124500 LANDFILL CORRECTIVE 31500000 ADVANCED PLANNING FUND 70200000 DISPOSAL CLOSURE RESERVE FUND 31523100 COMMUNITY PLANNING 70224500 LANDFILL CLOSURE
31600000 SPECIAL RECREATION EVENTS 70400000 POST CLOSURE FUND-SOLID WASTE 31622861 SPECIAL RECREATION EVENTS 71000000 AMBULANCE SERVICES FUND 50000000 GAS TAX FUND 71021100 AMBULANCE SERVICES
50024214 TRAFFIC SIGNAL OPERATIONS 72000000 GOLF FUND
50500000 SIGNALIZATION FUND 72022400 GOLF
50800000 SB325 REIMBURSEMENT FUND 73000000 CONFERENCE CENTER FUND 50824210 SB325 ENGINEERING 73022600 CONFERENCE CENTER
50900000 S.T.P. 77700000 AIRPORT FUND
50924210 STP ENGINEERING 77714000 CITY ATTORNEY
51100000 RAIL TRAIL FUND 77725200 AIRPORT OPERATIONS
51124210 Rail Trail 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60000000 COMM. DEVELOPMT. BLOCK GRANT F 77825200 AIRPORT CAPITAL 60023411 CDBG GENERAL ADMIN 77900000 SPECIAL AVIATION FUND 60023412 CDBG ACTIVITY DELIVERY 77925200 AIRPORT SPECIAL 61100000 CDBG 16-CDBG-11147 80000000 ELECTRIC FUND
61112600 CDBG ECONOMIC DEVELOPMENT 80014000 CITY ATTORNEY 61123410 16-CDBG-11147 80026110 ELECTRIC OVERHEAD
61123411 CDBG GENERAL ADMIN 80026120 ELECTRIC UNDERGROUND 61200000 FUND 612 UNASSIGNED 80026200 TELEMETRY & CALIBRATION 61223400 HOME CDD HOUSING 80026210 SUBSTATION
61223422 HOME ACTIVITY DELIVERY 80026220 HYDROELECTRIC PLANT 61323400 HOME HOUSING ACTIVITIES 80026400 ELECTRIC ADMINISTRATION 61323421 HOME GENERAL ADMIN 80026440 POWER PURCHASES
62000000 CASP CERTIF & TRAINING 80100000 ELECTRIC CAPITAL RESERVE FUND 62023320 CASP CERTIF & TRAINING 80126100 ELECTRIC CIP
63000000 ASSET SEIZURE FUND 80126220 HYDROELECTRIC PLANT 63020210 ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63300000 H&S EDUCATION 11489(B)(2)(A1) 80526150 STREET LIGHTING 63320210 H&S ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND
Account Code Summary Attachment 2
63400000 FEDERAL ASSET SEIZURE GRANTS F
63420250 FED ASSET SEIZURE EXPENDITURE
80626450 PUBLIC BENEFITS
80700000 ELECTRIC CAP AND TRADE FUND
80800000 ELECTRIC LOW CARBON FUEL STDS
80826100 ELECTRIC LOW CARBON FUEL STDS
82000000 WATER FUND
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
82500000 UVWA WATER SHARED EXPENSES
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
84600000 UVWA SEWER SHARED EXPENSES
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
92000000 MSWMA OPERATIONS
92200000 MILLVIEW COUNTY WATER DISTRICT
92300000 MILLVIEW CAPITAL CHARGE
92700000 REDWOOD VALLEY WATER DISTRICT
93700000 CALPELLA WATER DISTRICT OPERATION
93800000 CALPELLA SEWER
94500000 RIVER ESTATES OPERATIONS
94700000 HOPLAND WATER OPERATIONS
95000000 HOPLAND SEWER OPERATIONS
96900000 REDEVELOPMENT OBLIGATION RETIR
Account Code Summary Attachment 2
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN
51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3
58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED
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Attachment 4
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Agenda Item No: 8.b.
MEETING DATE/TIME: 10/7/2026
ITEM NO: 2026-1571
AGENDA SUMMARY REPORT
SUBJECT: Approval of Plans and Specifications for the North State and Highway 101 Utility Infrastructure Boring Project, Specification 26-02, to Install Underground Infrastructure for Electric, Middle Mile Broadband Initiative (MMBI), and the Ukiah Gigabit Fiber Project (Last Mile Fiber); and Direct Staff to Advertise for Bids.
DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director and Andrea Trincado, Associate Engineer
ATTACHMENTS:
1. Specification - North State and Hwy 101 Utility Infrastructure Boring
2. Stamped Dwgs State St at Hwy Boring Project
3. N STATE HWY 101 BORE Engineering Estimate
Summary: Council will consider approving the Plans and Specifications for the North State and Highway 101 Utility Infrastructure Boring Project Specification 26-02 to install underground infrastructure for Electric, Middle Mile Broadband Initiative (MMBI), and the Ukiah Gigabit Fiber Project (Last Mile Fiber); and directing Staff to advertise for bids.
Background: The City of Ukiah Electric Utility (EUD) owns, operates and maintains the 12,000 volt (12kV) overhead power line that interconnects the Hydroelectric Plant (LMHP) to the Utility grid. The line crosses Highway 101 at North State Street. Generally, highway crossings can be challenging, especially when maintenance is required on the adjacent poles or on the wire that crosses the roadway. Significant coordination is required to comply with Caltrans encroachment work as well as ensuring public safety is available to provide any traffic control needed. In addition to the Utility's 12kV distribution line, LMHP's transfer trip communications line is housed on the poles. Currently, the transfer trip is a copper line. EUD has a capital project to replace this copper line with a fiber optic line that originated several years ago and intended to bore beneath Highway 101 to eliminate the overhead. The scope of the project has changed several times, consequently pushing out construction due to other entities requesting to join the Utility in the project.
In 2025, the County of Mendocino reached out with a plan for two round-a-bouts near the N. State Street/Hwy 101 interchange. The project, as designed, required an additional 500' of overhead to be removed. Additionally, in 2025, conversations around both the Middle Mile and Last Mile broadband projects began and presented an opportunity to include both in the City's project and create a Rule 20 Project, where Ukiah will act as the lead agency, contract the boring work, project manage the construction, and fund the project upfront. Upon completion, the total cost of the project will then be distributed, based on the infrastructure installed, and the Utility will be reimbursed by the other participating utilities.
The Ukiah Gigabit Fiber Project and California State Department of Technology (CDT) Middle Mile Project have coordinated efforts to cross the highway with an underground boring project at this location as part of their respective projects. The Ukiah Gigabit Fiber Project needs to cross the highway at this location to access unserved locations on the north side of the highway at North State Street. Additionally, as part of the Middle Mile Project's statewide efforts to install fiber optic routes along major highway routes throughout the state and provide vital connections to local communities, the State is installing Middle Mile infrastructure along the US101 route. As part of their project, they are providing lateral connections to last mile services within
communities. Therefore, Vero is contracting with the California Department of Technology to install the lateral coming from the freeway and delivering a Middle Mile to Last Mile connection point on the south side of the freeway overpass. Conduits and vaults are being installed as part of the City's North State Street and Highway 101 Utility Infrastructure Boring Project. Cost allocations will be calculated at the conclusion of the project and billed to the Ukiah Gigabit Fiber Project and the CDT Middle Mile Project.
Discussion: The project was redesigned to accomplish the broader project goals and include the additional infrastructure (Attachment 1). The Plans for the project are included as Attachment 2. The engineer's estimate is included as Attachment 3.
Staff is working with both Caltrans and the County on permitting. Due to the Broadband grant deadline of February, Staff would like to solicit bids for the project while simultaneously working to secure all permitting.
Staff recommends Council approve the Plans and Specifications, including any non-substantive changes approved by City Council, for the North State Street and Hwy 101 Utility Infrastructure Boring Project, Specification 26-02, and direct Staff to advertise for bids.
Recommended Action: Approve the Plans and Specifications for the North State and Highway 101 Utility Infrastructure Boring Project, Specification 26-02, to install underground infrastructure for Electric, Middle Mile Broadband Initiative (MMBI), and the Ukiah Gigabit Fiber Project (Last Mile Fiber); and direct Staff to advertise for bids.
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80230.18125; $500,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Electric Capital, with reimbursements from the CPUC FFA Last Mile Grant for the Ukiah Gigabit Fiber Project portion and the CDT Middle Mile Broadband Initiative (MMBI) for the Middle Mile portion of the project.
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Andrea Trincado, Associate Engineer
STRATEGIC PLAN (SP): SP 4A - Identify and remove barriers to economic development while leveraging economic opportunities.
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element.
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
NORTH STATE AND HWY 101 UTILITY
INFRASTRUCTURE BORING PROJECT
SPECIFICATION NO. ____26-02___
CITY OF UKIAH
DEPARTMENT OF ELECTRIC UTILITY_________________
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: _____,_______, ____________
2:00 p.m.
Office of City Clerk
Attachment 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
SUSAN SHER, MAYOR
JUAN OROZCO – VICE-MAYOR
HEATHER CRISS – COUNCIL MEMBER
DOUGLAS CRANE – COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF __ELECTRIC UTILITY_________________
OCTOBER 2026
iii
Spec No. __26-02____
NORTH STATE AND HWY 101 UTILITY INFRASTRUCTURE BORING PROJECT
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS.................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS............................................2 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 ........................................................................4 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 4 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 ................................................................................................................................... 5 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.......................................................5 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
iv
Spec No. __26-02____
NORTH STATE AND HWY 101 UTILITY INFRASTRUCTURE BORING PROJECT 5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR.......................................................7 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY......................................................................12 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............................................................14 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 .................................................................................................15
v
Spec No. __26-02____
NORTH STATE AND HWY 101 UTILITY INFRASTRUCTURE BORING PROJECT 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT...........................................................................................................................16 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.............................................................................................................19 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 ................................................................................................21 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS...............................................................................................22 13-01. General
13-02. Material
vi
Spec No. __26-02____
NORTH STATE AND HWY 101 UTILITY INFRASTRUCTURE BORING PROJECT 13-03. Quantities
13-04. Payment
13-05. Horizontal Directional Drilling
13-06. Contractor
13-07. Contractor
13-08. Spoils Equipment
13-09. Magnetic Guidance System
13-10. Tracer Wire
13-11. Protection of Existing Equipment
13-12. Traffic Plan
13-13. Soils and Groundwater Disposal
13-14. Primary Junction Boxes and Fiber Optic Boxes.
13-15. Bonding and Grounding
13-16. Removal Methods
13-17. Vacuum Excavation
13-18. Pipe and Structure Excavation, Backfill and Compaction. 13-19. Sprinklers and Landscaping.
13-20. Clean-up
13-21. Aggregate Base.
13-22. Asphalt Concrete
13-23. Curbs, sidewalks and Miscellaneous Concrete.
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS............................................................... 27 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.................................................................. 27 15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST....................................................................................................................26 PROPOSAL ........................................................................................................................................... 28 BIDDING SCHEDULE................................................................................................................................. 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION ...............................................................................31 WORKER'S COMPENSATION CERTIFICATE..........................................................................................32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT................................................................. 33 LIST OF PROPOSED SUBCONTRACTORS.............................................................................................34 STATEMENT OF EXPERIENCE OF BIDDER............................................................................................35 SIGNATURE OF BIDDER...........................................................................................................................36 BIDDER'S BOND ........................................................................................................................................37
vii
Spec No. __26-02____
NORTH STATE AND HWY 101 UTILITY INFRASTRUCTURE BORING PROJECT NON-COLLUSION AFFIDAVIT...................................................................................................................38 AGREEMENT ...........................................................................................................................................39 INDEMNIFICATION AGREEMENT ............................................................................................................43 EXAMPLE BOND FORMS..........................................................................................................................44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ..........48 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ..............................................49
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR HORIZONTAL DIRECTIONAL DRILLING STATE ST AT HWY 101 SPECIFICATION NO. 25-01
NOTICE IS HEREBY GIVEN that sealed standard proposals for HORIZONTAL DIRECTIONAL DRILLING STATE ST AT HWY 101 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on _______, ____, 20___. Bids shall be addressed to the City Clerk and shall be endorsed “HORIZONTAL DIRECTIONAL DRILLING STATE ST AT HWY 101" Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/.
ENGINEER'S ESTIMATE OF QUANTITIES
Item No. Description Quantity Unit of Measure
1. HORIZONTAL DIRECTIONAL DRILLING
INCUDING INSTALLATION OF CONDUIT
1375 LF
2. TRENCH, BACKFILL, COMPACTION FOR THE
INSTALLATION OF CONDUITS AT RISER POLES
AND VAULTS
142 LF
3. 2 INCH PVC SCH 40 CONDUIT 150 LF
4. 4 INCH PVC SCH 40 CONDUIT 240 LF
5. 6 INCH PVC SCH 40 CONDUIT 240 LF
6. 1.25” HDPE SCH 40 CONDUIT, orange, bleu, green
Tr-Pack with tracer wire
3500 LF
7. 2 INCH BORE GARD HDD SCH 40 CONDUIT 1200 LF
8. 4 INCH BORE GARD HDD SCH 40 CONDUIT 3000 LF
9. 6 INCH BORE GARD HDD SCH 40 CONDUIT 3000 LF
10. EXCAVATE, BACKFILL, COMPACT AND INSTALL
FIBER SERVICE VAULTS B48 (PROVIDED BY
VERP AND CDT)
4 EA
11. EXCAVATE, BACKFILL, COMPACT AND INSTALL
FIBER SERVICE VAULT B48 VAULT (PROVIDED
BY CITY)
2 EA
12. EXCAVATE, BACKFILL, COMPACT AND INSTALL
UKIAH 575 VAULT (PROVIDED BY CITY)
2 EA
13. MOBILIZATION 1 LS
14. DEMOBILIZATION 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, Purchasing Manager at (707) 463-6225 or by email at [email protected].
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply
with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class <<CONTRACTOR’S LICENSE CLASSIFICATION(S)>> Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.
By order of the City Council, City of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME:
<<PROJECT NAME>> 1 Spec. No. XX-XX
INSTRUCTIONS TO BIDDERS
HORIZONTAL DIRECTIONAL DRILLING STATE ST AT HWY 101 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 <<NUMBER OF DAYS IN WORDS>> (<<NUMBER OF DAYS IN FIGURES>>) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.
The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.
All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or
<<PROJECT NAME>> 2 Spec. No. XX-XX
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 NORTH STATE ST AT HWY 101.
<<PROJECT NAME>> 3 Spec. No. XX-XX
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.
<<PROJECT NAME>> 4 Spec. No. XX-XX
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.
Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the
<<PROJECT NAME>> 5 Spec. No. XX-XX
plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the 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.
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The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set 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.
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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
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
<<PROJECT NAME>> 8 Spec. No. XX-XX
1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as 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
<<PROJECT NAME>> 9 Spec. No. XX-XX
upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.
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.
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6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.
Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or 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.
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6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.
Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer 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.
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(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.
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.
<<PROJECT NAME>> 13 Spec. No. XX-XX
6. Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).
7. Apprentices.
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City.
The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
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7-02. Inspection. The City will provide engineering personnel for the inspection of the work.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.
Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.
However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.
The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to
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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 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
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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 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.
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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 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.
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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.
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
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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.
(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
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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.
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.
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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 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
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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 of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure
Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.
A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.
B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment.
The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents
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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 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
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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.
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
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performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.
Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.
The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.
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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of Horizontal direction drilling under Highway 101, installing electric vault and fiber optic vaults, trenching backfilling and compaction. Horizontal Direction Drilling under Highway 101, trench, backfill, compact for the installation of an electric utility and fiber optic vaults. General locations of the work are North State Street at Highway 101.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from 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 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A".
A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
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In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:
1. (City) Special Provisions
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.
Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.
Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.
12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.
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SECTION 13 - CONSTRUCTION DETAILS
13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for trenching, backfilling and compacting, horizontal directional drilling, provide and install high-density polyethylene conduits. The location of the work will be on North State Street at Highway 101, Ukiah Caliofornia, as more specifically in the construction drawings defined in Appendix “A”. 13-02. Material. 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. HDD conduit shall be homogeneous throughout and free of visible cracks, holes, foreign inclusions, voids or other injurious defects. PVC conduit, elbows and sweeps shall meet NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications for type Sch 40 and Sch 80. Rigid steel conduit at all riser pole locations shall be U.L. 6 listed and meet ANSI C80.1 specifications. The ¾” NPT threads (ANSI B1.20.1) shall be full cut and hot galvanized after cutting. All elbows and sweeps shall be minimum 48” radius for 6” conduit, minimum 36” radius for 4” conduit and minimum 24” for 2” conduit. Long line couplings shall be used. Five degrees angle couplings, flexible adapters and PVC flexible couplings shall not be used. Standard type duct spacers which proved for a 2” air space between conduits shall be throughout the project on electric duct system. All conduits shall be proved in a manner acceptable to the Electric Utility Department. All conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric cable. 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. Electronic conduit markers shall be installed at all conduit stub ends. Insulated bonding bushings will be required on metal conduit. 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 breakdown submitted to the Engineer for approval. The sum of the quantity unit’s 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.
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.
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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 any and all incidentals.
13-05. Horizontal Directional Drilling. Horizontal Directional Drilling (HDD) equipment operators shall be trained to operate the specific Horizontal Directional Drilling equipment with at least 3 years’ experience in directional drilling obtained within the last five years. All pipe and appurtenances of similar type and material shall be furnished by a single manufacturer. Perform HDD operations under the constant direction of a drilling supervisor who shall remain on site and be in responsible charge throughout the drilling operation. The Contractor’s supervisor shall have supervised directional drilling of a minimum of 5,000 linear feet of pipe of a similar or greater diameter, of similar material, over similar lengths, and with similar subsurface conditions. 13-06. CONTRACTOR shall design, furnish, and install the proposed high-density polyethylene conduits (HDPE) by Horizontal Directional Drilling (HDD) construction methods, as shown on the drawings and conforming to these specifications. The work includes, but is not limited to, geotechnical investigations, design, excavations, dewatering, removal of all materials encountered in the drilling operations, disposal of all material not required in the work, testing, cleaning, and incidentals as shown on the drawings and as specified herein. 13-07. CONTRACTOR shall be responsible for installing the HDPE conduits, as identified on the drawings, utilizing Horizontal Directional Drilling. The HDD process begins with boring a small, horizontal hole (pilot hole) under the crossing of the obstacle (i.e. creek, highway, railroad) with a continuous string of steel drill rod. The drill rod exits on the opposite side of the obstacle, at a predetermined location. Based on the diameter of the HDPE conduits and the ground conditions encountered, the CONTRACTOR shall create a bore path by connecting to the previously installed drill rods, an auger and back reamer. Various sizes may be utilized until the desired bore path size is achieved. The number of passes of the various sizes of augers and back reamers shall be as determined by CONTRACOR. The HDPE conduits are pulled back with a special cutting tool, or “reamer”, through the borehole and exits back at the entry pit. 13-08. SPOILS EQUIPMENT. The cutting fluid removal system shall include a self-contained vacuum truck which has sufficient vacuum and tank capacity to remove excess cutting fluid mixture and cuttings from the project site as required or as directed by the City. Spoils are not to be discharged into sewers or storm drains.
The Contractor will contain all drilling and pipe lubricating mud by taking special measures to prevent run-off onto adjacent properties and/or waterways. All surplus drilling and pipe lubricating mud will be removed from the site and properly disposed of by the Contractor at no cost to the City. The Contractor will also be responsible for all required erosion control measures at no cost to the City. 13-09. Magnetic Guidance System: A Magnetic Guidance System (MGS) shall consist of a probe and a tracker that is capable of monitoring the location of the drill head during the drilling operation. The tracker shall be capable of tracking at all depths up to one hundred feet and in any soil condition, including hard rock. It shall enable the driller to guide the drill head by providing immediate information on the tool face, azimuth (horizontal direction), and inclination (vertical direction). The tracker shall be accurate to +/-2% of the vertical depth of the borehole at sensing position at depths up to one hundred feet. Ferrous materials shall not influence or affect the MGS readings or accuracy. Components: The Contractor shall supply all components and materials to install, operate, and maintain the MGS. This shall include, but is not limited to the following: 1. 2. 3. MGS Probe and Interface Computer, Printer, and Software DC Power Source, Current Control Box, and Coil/Tracking Wire. The MGS shall be a Tensor TruTracker MGS, or other licensed and industry approved wire guidance system. The Contractor is required to obtain an approval from AW for the equipment to be used. The Contractor is responsible for supplying all required information regarding the equipment and method to be used on the project. Work shall not commence until approval is obtained from the City. The Contractor is responsible for setting up and operating the MGS using personnel experienced with this system. “AWalk-over” tracking systems shall not be used, except as approved by the City. Contractor shall provide the City Project Manager with current calibration certification of MGS in accordance with manufacturer’s specifications.
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13-10. Tracer wire(s) shall be installed simultaneously with pullback of the pipe. Wire(s) shall either be wrapped around the pipe or taped to the pipe at 10-foot minimum intervals before installation. 13-11. 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" and Section 15 "Existing Highway Facilities" of the California Standard Specifications and these Special Provisions.
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 course of the work.
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. 13-12. The Contractor shall be responsible for providing a Maintenance of Traffic Plan to the City and local traffic law enforcement agency for review. The Maintenance of Traffic Plan shall show the location of all barricades, signs, devices and alternate routes for local traffic and pedestrian safety. Erection of the appropriate safety and warning devices in accordance with Caltrans Standard Specifications shall be completed prior to beginning work and maintained until all construction is completed and the site restored. 13-13. Soil and Groundwater Disposal.
13-13 (A) General: Bidder’s attention is directed to the fact that the proposed project is located 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.
13-13 (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. 13-13 (C) Water: Groundwater may be encountered during the course of 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
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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 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 and shall be included in each individual unit listed in the cost break-down. 13-14. Primary Junction Boxes and Fiber Optic Boxes. Primary Junction Box and Fiber Optic Boxes shall be provided by the City and installed by the Contractor. Primary Junction Box grade shall be equal to or slightly (maximum 0.5”) above adjacent grade. Asphaltic vault sealant shall be installed between the junction box cover and the extension ring (if used) and between the extension ring (if used) and the junction box. Bottom of the primary junction box excavation shall be compacted to 90% compaction prior to installation of drain rock and junction box. Where “term-a duct” conduit ends are not installed in the vault, bell ends shall be installed on the conduit ends and grouted in flush with the vault surface. Grounding shall be installed per Ukiah Electric Utility Department specifications at each primary junction box and fiber optic box location. 13-15 Bonding and Grounding Bonding and grounding shall conform to Ukiah Electric Utility Department specification,
13-16. Removal Methods Removal of existing improvements shall conform to Section 15-2 "Miscellaneous Highway Facilities" of the California Standard Specifications, these Special Provisions and as shown on the Plans.
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.
Payment for removal and disposal of existing improvements shall be in accordance with Section 15-2.07 "Payment" of the California Standard Specifications.
13-17. Vacuum Excavation All pothole work 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
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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. 13-18. 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 backfill shall attain a relative compaction of 90 percent around conduit duct bank and 95 percent within 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. 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 backfill 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 sufficiently 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. 13-19. Sprinklers and Landscaping All sprinkler systems, landscaping, sod or turf shall be reinstalled to its original condition.
13-20. 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. 13-21. 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.
<<PROJECT NAME>> 33 Spec. No. XX-XX
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. 13-22. Asphalt Concrete. Asphalt concrete shall be Type B 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
All bituminous binder shall be viscosity grade AR-4000 liquid asphalt except AR-8000 liquid asphalt shall be used when the ambient temperature is over 90 to 95° F. Asphalt shall conform to those applicable parts of Section 92 "Asphalt" of the California Standard Specifications.
The mineral aggregate shall be 3/4-inch maximum size for base courses when such work constitutes 100 or more tons, and shall be as specified on the plans for the finish course.
Medium gradations shall be used. For base course work less than 100 tons, the aggregate size may be the same as the finish course. Asphalt concrete work required at manholes, water valves, feathering, and other miscellaneous facilities shall be 3/8-inch maximum size.
Asphalt concrete shall not be placed until the subgrade has been approved by the Engineer. Unstable subgrade shall not be paved. A prime coat is not required.
SS-1 asphaltic emulsion shall be applied to existing pavements, lower courses of new pavements (unless upper course is being applied in the same day and the lower course is clean), and vertical edges of new or existing pavements, prior to paving. If recommended by the manufacturer, the emulsion may be diluted up to 1:1.
Immediately before applying the emulsion, the surface shall be cleaned of all dirt and loose material. Asphaltic emulsion and application shall conform to the applicable parts of Sections 94 "Asphaltic Emulsions" and 39-4.02 "Prime Coat and Paint Binder" of the California Standard Specifications. 13-23. 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. 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.
<<PROJECT NAME>> 34 Spec. No. XX-XX
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 inlet 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 top soil. 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.
The driveway section from the back of walk to two feet past the substation wall must be of the commercial type. The last two feet of driveway inside the substation from the substation wall must slope to match the existing ground grade. The driveway and approach shall be 6” thick with #4 rebar on 6” centers throughout. The driveway, when finished, shall appear equal to existing driveway (i.e. same scoring and joints).
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".
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 previous to 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.
<<PROJECT NAME>> 35 Spec. No. XX-XX
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 bench mark monuments as shown on the plans. The City of Ukiah will furnish the bench mark 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.
Flow line: Puddles shall not exceed 1/4-inch in depth, 6 inches in width or 10 feet in length. Grinding in excess of 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. .
<<PROJECT NAME>> 36 Spec. No. XX-XX
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.
The following designated sections of the Special Provisions are hereby amended to read as follows:
No amendments.
<<PROJECT NAME>> 37 Spec. No. XX-XX
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 ___)
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 ___)
Filled out completely per instruction
o Worker’s Compensation Certificate (Page ____)
Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page ___) Filled out completely per instruction
o List of Proposed Subcontractors (Page _____)
Filled out completely per instruction
o Statement of Experience (Page ____)
o Signature of Bidder (Page _____)
Filled out completely per instruction
Authorized signature provided
o Bidder’s Bond (Page _____)
Filled out completely per instruction
o Non-Collusion Affidavit (Page _____)
Filled out completely per instruction
Notarized
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.
<<PROJECT NAME>> 38 Spec. No. XX-XX
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
HORIZONTAL DIRECTIONAL DRILLING PROJECT
NORTH STATE STREET AT HIGHWAY 101
Specification No. 25-01
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.
AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
<<PROJECT NAME>> 39 Spec. No. XX-XX
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.
<<PROJECT NAME>> 40 Spec. No. XX-XX
NAME OF BIDDER:
SPEC #: 26-01
PROJECT NAME: HORIZONTAL DIRECTIONAL DRILLING PROJECT
NORTH STATE STREET AT HIGHWAY 101
<<PROJECT NAME>> 41 Spec. No. XX-XX
ITEM
#
DESCRIPTION UNIT OF
MEASURE
QUANTITY UNIT PRICE TOTAL
1 HORIZONTAL DIRECTIONAL DRILLING
INCLUDING INSTALLATION OF CONDUIT LF 1375 $__________ $__________________ 2 TRENCHING, BACKFILL, COMPACATION
FOR THE INSTALLATION OF CONDUITS
AT RISER POLES AND VAULTS
LF
142
$__________ $__________________
3 2 INCH PVC SCH 40 CONDUIT FT 150 $__________ $__________________ 4 4 INCH PVC SCH 40 CONDUIT FT 240 $__________ $__________________ 5 6 INCH PVC SCH 40 CONDUIT FT 240 $__________ $__________________
6. 1.25” HDPE SCHE 40 CONDUIT, orange,
blue and green with tracer wire FT 3500 $__________ $__________________ 7 2 INCH BORE-GARD HDD SCH 40
CONDUIT FT 1425 $__________ $__________________
8 4 INCH BORE-GARD HDD SCH 40
CONDUIT FT 3000 $__________ $__________________
9 6 INCH BORE-GARD HDD SCH 40
CONDUIT FT 3000 $__________ $__________________
10 ECAVATE, BACKFILL, COMPACT AND
INSTALL FIBER SERVICE VAULTS B48
(PROVIDED BY VERO AND CDT)
EA
4 $__________ $__________________
11 ECAVATE, BACKFILL, COMPACT AND
INSTALL FIBER SERVICE VAULTS B48
(PROVIDED BY CITY)
EA
2 $__________ $__________________
12 ECAVATE, BACKFILL, COMPACT AND
INSTALL UKIAH 575 VAULT (PROVIDED
BY CITY)
EA
1 $__________ $__________________
13 TRAFFIC CONTROL LS 1 $__________ $__________________ 13 MOBILIZATION LS 1 $__________ $__________________
14. DEMOBILIZATION LS 1 $__________ $__________________ TOTAL BID ==>> $__________________
<<PROJECT NAME>> 42 Spec. No. XX-XX
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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________
<<PROJECT NAME>> 43 Spec. No. XX-XX
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.
HORIZONTAL DIRECTIONAL DRILLING PROJECT
NORTH STATE STREET AT HIGHWAY 101
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
<<PROJECT NAME>> 44 Spec. No. XX-XX
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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
<<PROJECT NAME>> 45 Spec. No. XX-XX
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.)
<<PROJECT NAME>> 46 Spec. No. XX-XX
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.
SUBCONTRACTO
R NAME
SUBCONTRACTO
R LICENSE
NUMBER
SUBCONTRACTO
R DIR
REGISTRATION
NUMBER
SUBCONTRACTO
R BUSINESS
ADDRESS
DESCRIPTIO
N OF WORK
<<PROJECT NAME>> 47 Spec. No. XX-XX
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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________
<<PROJECT NAME>> 48 Spec. No. XX-XX
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: __________________
<<PROJECT NAME>> 49 Spec. No. XX-XX
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 <<DATE OF BID OPENING>> for
HORIZONTALDIRECTIONAL DRILLING PROJECT
NORTH STATE STREET AT HIGHWAY 101
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: __________________________________________________________ __________________________________________________________
<<PROJECT NAME>> 50 Spec. No. XX-XX
__________________________________________________________