HomeMy WebLinkAbout2013-04-17 PacketPage 1 of 3
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 17, 2013
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation for Worker’s Memorial Day in the City of Ukiah, April 17, 2013.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of April 3, 2013, Regular Meeting.
6. 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.
7. 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.
a. Adopt Resolution Approving the New Official Zoning Map for the City of Ukiah.
b. Notification of Purchase of Ammunition in the $20,597.81 from Adamson Police Products.
c. Notification of Purchase of Mobility Netmotion Software, in the Amount of $18,938.00, to
Netmotion Wireless.
d. Report of Disbursements for the Month of March 2013.
e. Award 3-Year Contract to Evergreen Job and Safety Training in the Amount of $53,229.48
to Provide Job and Safety Training. (EUD)
f. Notification of Current Contract with Redwood Empire Officials Association and Authorize
Contract Amendment Thereby Extending Services for the 2013 & 2014 Sports Season.
g. Receive Status Report and Authorize 2013 Capital Improvements for the Ukiah Municipal
Golf Course Operated by Tayman Park Golf Group, Inc.
h. Report to the City Council on the Purchase of Consulting Services from Novacoast IT
Professional Services in the Amount $10,400 for a Network, Security and Performance
Assessment.
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8. 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, 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.
9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Receive Report from the City Council Palace Hotel Ad Hoc Committee, Hear from the
Public, and Consider Adopting the Resolution Ordering the Repair or Removal of the
Dilapidated Palace Hotel Structure Located at 272 North State Street.
b. Public Hearing to Consider Adoption of Ordinance to Set New Water Connection Fees
12. UNFINISHED BUSINESS
a. Discussion and Possible Approval of an Outdoor Dining Program and Introduction By Title
Only of an Ordinance of the City Council of the City of Ukiah Adding Section 6000(B), to
Section 6000 in the Ukiah City Code Which Would Allow the Service/Consumption of
Alcoholic Beverages at an Approved Outdoor Dining Location.
13. NEW BUSINESS
a. Award of Bid for Purchase of Two Police Patrol Vehicles in the Amount of $68,915.86 to
Folsom Lake Ford.
b. Award of Bid for Purchase of Police Officer Duty Issued Firearms in the Amount of
$40,957.75, Utilizing the Police Department’s Asset Forfeiture Funds, to Emergency
Equipment Engineering.
c. Approval of Revised City Manager Contract with 10% Total Compensation Cost Reduction
for FY 2013/14, and New Term July 2013 through December 2018.
d. Approve the Plans and Specifications for Bidding to Repair and Realignment of the 115kV
Transmission Line. (EUD)
e. Approve Second Amendment to License Agreement Between City of Ukiah and New
Cingular Wireless PCS, LLC, a Wholly Owned Subsidiary of AT&T.
f. Authorize Contract Award to Bear Data for the Purchase, Installation and Configuration of
Core Network Equipment in the Amount of $118,395.20 Plus Any Applicable Taxes.
14. CLOSED SESSION – Closed Session may be held at any time during the meeting
a. Conference with Labor Negotiator (§ 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head
Units
b. Conference With Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c): (1 case)
Page 3 of 3
c. Conference with Legal Counsel – Existing Litigation
(Subdivision (a) of Gov’t Code Section 54956.9)
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under
Participation Agreement)
d. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco)
Under Negotiation: Price & Terms
e. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah, North Coast Railroad Authority, and Administrative
Office of the Courts
Under Negotiation: Price & Terms
f. Conference with Real Property Negotiators (§54956.8)
Property: APN 170-050-13-00; 003-582-38-00; and
003-181-35-00
Negotiator: Jane. Chambers, City Manager
Negotiating Parties: City of Ukiah and AJPJ, LLC
g. Conference with Real Property Negotiators (§54956.8)
Property: APN 003-230-03-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Mark & Jann Lanz
Under Negotiation: Price & Terms
h. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-262-04
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Verihealth, Inc.
Under Negotiation: Price and Terms
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations
or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will
attempt to reasonably accommodate individuals with disabilities upon request.
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are
available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA
95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue,
Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 12th day of April, 2013.
Kristine Lawler, City Clerk
PROCLAMATION
WORKERS MEMORIAL DAY
IN THE CITY OF UKIAH
APRIL 17, 2013
WHEREAS, every year many workers across America are injured or disabled by
workplace injuries and occupational disease; and
WHEREAS, strong safety and health protections, high employment standards, and the
elimination of perilous conditions should be guiding principles for each employer and employee;
and
WHEREAS, the City of Ukiah strives to provide a safe work environment for its
employees and has initiated many programs and procedures to reduce workplace injuries and
hazardous situations; and
WHEREAS, all employers and employees are encouraged to rededicate themselves to
improving safety and health in every American workplace; and
WHEREAS, acknowledgment of these factors by recognizing those who have suffered
from workplace injuries is a dramatic method of educating our community about this issue.
NOW, THEREFORE, the Mayor and Council of the City of Ukiah, hereby proclaim April
17, 2013 as
Workers Memorial Day in the City of Ukiah
in recognition of workers killed, injured, and disabled on the job and inform all residents of the
valley about the gathering at 5:00 P.M. at the Saturday Afternoon Clubhouse on April 27th that is
put on by the working men and women in Mendocino County to observe this special day.
Signed and sealed, this 17th day of April, in the year Two Thousand and Thirteen.
_______________________________
Douglas F. Crane, Mayor
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CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
April 3, 2013
6:00 p.m.
1. ROLL CALL
Ukiah City Council met at a Regular Meeting on April 3, 2013, having been legally noticed on
March 28, 2013. Mayor Crane called the meeting to order at 6:04 p.m. Roll was taken with the
following Councilmembers Present: Mary Anne Landis, Benj Thomas, and Mayor Douglas F.
Crane. Councilmembers Absent by Prearrangement: Mari Rodin and Vice Mayor Baldwin. Staff
Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City
Clerk.
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Adoption of Proclamation for Mayor’s Day of Recognition for National Service and
Approval to Join Online Nationwide Effort – Sponsor: City Administration
Presenters: Mayor Crane and Dr. Jeremy Mann, First 5 Commissioner.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Regular Minutes of March 20, 2013.
Motion/Second: Landis/Thomas to approve the Regular Minutes of March 20, 2013, as submitted.
Motion carried by the following roll call votes: AYES: Landis, Thomas, and Crane. NOES: None.
ABSENT: Rodin and Baldwin. ABSTAIN: None.
6. RIGHT TO APPEAL DECISION
7. CONSENT CALENDAR
a. Approval of Contract (CC 13-007) with Regional Government Services (RGS) for
Accounting Services Related to Financial Software Conversion – Finance Department
Motion/Second: Landis/Thomas to approve Consent Calendar Item 7a, as submitted. Motion
carried by the following roll call votes: AYES: Landis, Thomas, and Crane. NOES: None. ABSENT:
Rodin and Baldwin. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
9. COUNCIL REPORTS
Presenters: Councilmembers Landis and Thomas, and Mayor Crane.
10. CITY MANAGER/CITY CLERK REPORTS
Presenter: Jane Chambers, City Manager.
11. PUBLIC HEARINGS
City Council Minutes for April 3, 2013, Continued: Page 2 of 3
a. Conduct a Public Hearing to Consider and Approve a Resolution Authorizing the
Submittal and Execution of a 2013 State Community Development Block Grant
Application; and Approval of Corresponding Budget Amendments if Awarded the
Grant. Sponsor – City Administration
Presenters: Sage Sangiacomo, Assistant City Manager and Craig Schlatter, Community
Development Commission (CDC).
Public Comment: Pinky Kushner.
Motion/Second: Landis/Thomas to approve a resolution (2013-08) authorizing the submittal of a
2013 State Community Development Block Grant Application and the City Manager to execute all
related documents; and to approve the corresponding budget amendments if the Grant is awarded.
Motion carried by the following roll call votes: AYES: Landis, Thomas, and Crane. NOES: None.
ABSENT: Rodin and Baldwin. ABSTAIN: None.
12. UNFINISHED BUSINESS
13. NEW BUSINESS
a. Discussion and Possible Action on Approval of Two Amendments to the League of
California Cities’ Bylaws. Sponsor – City Administration
Presenter: Kristine Lawler, City Clerk.
Motion/Second: Thomas/Landis to approve a ‘Yes’ vote on the League of California Cities Ballot
on Bylaws Amendments, approving both the amendment of article VI, section 2; and the addition of
article VII, section 16 to the League’s bylaws. Motion carried by the following roll call votes: AYES:
Landis, Thomas, and Crane. NOES: None. ABSENT: Rodin and Baldwin. ABSTAIN: None.
b. Discussion and Possible Action to Determine Council Member Attendance to an
Inland Power and Water Commission (IWPC) Meeting Discussing the Russian River
Preservation Alliance Non-Profit. Sponsor – Councilmember Thomas
Presenter: Councilmember Thomas.
Council Directive: Staff is directed to agendize a presentation by Page Poulos at one of the two
Council meetings before the May 9, 2013, Inland Water and Power Commission (IWPC) meeting.
c. Financial Facts Segment – Informational and Verbal Presentation Only. Sponsor –
Finance Department
Presenter: Gordon Elton, Finance Director.
Public Comment: Pinky Kushner and John McCowen.
d. Discussion and possible Action to Approve Mid-Year Amendments to the Budget for
the Fiscal Year 2012/2013. Sponsor – Finance Department
Presenter: Gordon Elton, Finance Director.
Public Comment: Pinky Kushner.
Motion/Second: Landis/Thomas to approve the proposed mid-year budget amendments. Motion
carried by the following roll call votes: AYES: Landis, Thomas, and Crane. NOES: None. ABSENT:
Rodin and Baldwin. ABSTAIN: None.
City Council Minutes for April 3, 2013, Continued: Page 3 of 3
e. Proposed FY 2013/2014 City Budget Development and Adoption Schedule. Sponsor –
City Administration
Presenters: Jane Chambers, City Manager.
Motion/Second: Thomas/Landis to adopt the Proposed City Budget Development and Adoption
Schedule. Motion carried by the following roll call votes: AYES: Landis, Thomas, and Crane.
NOES: None. ABSENT: Rodin and Baldwin. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS (Continued)
Presenter: Pinky Kushner.
14. CLOSED SESSION
a. Conference with Labor Negotiator (§ 54957.6)
Agency Representative: Jane Chambers, City Manager
Employee Organizations: Police, Fire, Miscellaneous, Management, and Department Head
Units
b. Conference with Legal Counsel –Existing Litigation
(Subdivision (a) of Gov’t Code Section 54956.9)
Name of case: (Ukiah Valley Sanitation District v. City of Ukiah, dispute resolution under
Participation Agreement)
c. Conference with Real Property Negotiators (§54956.8)
Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Northwest Atlantic (Costco)
Under Negotiation: Price & Terms
d. Conference with Real Property Negotiators (§54956.8)
Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah, North Coast Railroad Authority, Weston Solutions, Inc.,
and Administrative Office of the Courts
Under Negotiation: Price & Terms
e. Conference with Real Property Negotiators (§54956.8)
Property: APN 170-050-13-00; 003-582-38-00; and
003-181-35-00
Negotiator: Jane. Chambers, City Manager
Negotiating Parties: City of Ukiah and AJPJ, LLC
f. Conference with Real Property Negotiators (§54956.8)
Property: APN 003-230-03-00
Negotiator: Jane Chambers, City Manager
Negotiating Parties: City of Ukiah and Mark & Jann Lanz
Under Negotiation: Price & Terms
No reportable action was taken.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 7:25 p.m.
________________________________
Kristine Lawler, City Clerk
Considering the line’s condition and construction lead times, staff is recommending replacing the existing
poles to be most effective option.
2. Transmission Line Reconfiguration:
Staff energized the new Orchard substation with the old Gobbi substation switchyard bus to eliminate an
extended outage to the City’s electric customers.
This worked well considering all the available options and costs to our rate payers.
Staff has included the reconnection of the Orchard substation eliminating the need for the old Gobbi
substation switchyard bus. The company repairing the transmission line will have the necessary tools and
equipment to complete the reconnection work.
Three benefits will be realized:
1. Customers should not experience an extended outage;
2. Cost effectiveness of not re-staging equipment and personnel from out of the area; and
3. Another step towards clearing the old substation site for sale.
Staff is recommending City Council approve the plans and specifications for bidding to repair the 115kV
transmission line with an alternate to replace 3 additional wood poles and to reconnect the Orchard
substation transmission service.
Fiscal Impact:
A budget transfer for the awarded amount will be requested at the time of bid award.
Budgeted FY 12/13 New Appropriation Not Applicable X Budget Amendment Required
Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested
Overhead Maintenance 80026110.80230
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
115 KV TRANSMISSION LINE
POLE REPLACEMENT AND RE-ALIGNMENT
SPECIFICATION NO. _______
CITY OF UKIAH
ELECTRIC UTILITY DEPARTMENT
411 W. Clay St
Ukiah, California 95482-5400
Bids Open:
Office of City Clerk
300 Seminary Avenue
Ukiah, California 95482
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
DOUGLAS CRANE - MAYOR
PHIL BALDWIN
MARY ANN LANDIS
MARI RODIN
BENJ THOMAS
JANE CHAMBERS – CITY MANAGER
MEL GRANDI – ELECTRIC UTILITY DIRECTOR
KRISTINE LAWLER - CITY CLERK
R. ALLEN CARTER - CITY TREASURER
CITY OF UKIAH
ELECTRIC UTILITY DEPARTMENT
April 2013
1
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS ....................................................................................................................................5
INSTRUCTIONS TO BIDDERS .......................................................................................................................6
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ..............................................8
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
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 10
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 10
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. Liability of City Officials
SECTION 4. BONDS ................................................................................................................................... 11
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....................................................... 11
5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
2
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ...................................................... 13
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 Project Manager
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 ........................................................................ 18
7-01. Authority of the City
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
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................. 20
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 ................................................................................................... 21
9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
3
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 ............................................................................................................................ 22
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 ............................................................................................................... 25
11-01. Notice
11-02. Computation of Time
11-03. Litigation and Forum Selection
11-04. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 27
12-01. Location and Scope of Work
12-02. Examination of Site
12-03. Arrangement of Technical Specifications
12-04. Business Licenses
12-05. Permits
12-06. Temporary Facilities
12-07. Safeguards
12-08. Warranties
12-09. Preconstruction Conference
12-10. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................ 28
13-01. General
13-02. Materials
13-03. Equivalent Equipment & Submittal Process
13-04. Removal and Disposal of Existing Poles, Insulators and Associated Hardware
13-05. Measurement & Payment
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................ 30
14-01. Provisions to be excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 30
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
4
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
PROPOSAL ............................................................................................................................................ 31
BIDDING SCHEDULE .................................................................................................................................. 31
FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 33
WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 34
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT .................................................................. 35
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 36
STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................. 37
SIGNATURE OF BIDDER ............................................................................................................................ 38
BIDDER'S BOND .......................................................................................................................................... 39
NON-COLLUSION AFFIDAVIT..................................................................................................................... 40
AGREEMENT ............................................................................................................................................ 41
INDEMNIFICATION AGREEMENT .............................................................................................................. 45
EXAMPLE BOND FORMS ............................................................................................................................ 46
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 50
DEFECTIVE MATERIAL AND W ORKMANSHIP (MAINTENANCE) BOND ................................................ 51
INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDIX “A”
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
5
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR 115 KV RADIAL FEED TRANSMISSION LINE
POLE REPLACEMENT
SPECIFICATION NO. _______
NOTICE IS HEREBY GIVEN that sealed standard proposals for 115 KV TRANSMISSION LINE POLE
REPLACEMENT AND RE-ALIGNMENT will be received at the Office of the City Clerk, Ukiah Civic Center, 300
Seminary Avenue, Ukiah California until 2:00 p.m. on ____________, at which time, or as soon thereafter as
possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be
endorsed “115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT”. Bids are required
for the entire work described herein. No fax bids will be accepted.
ESTIMATE OF QUANTITIES
Item No.
Description
Quantity
Unit
1
Remove and install existing 115 kV structures at
locations 1, 3, 4 & 5. Construct new 115 kV
structures in place. Evaluate and transfer all guy
wires. Work to be completed while energized without
interruption. Construct New Transmission Span from
location 9 to Location 10 bypassing existing Gobbi
Switching Station at location 11. Work to be
performed while energized without interruption.
1 Lump Sum
2
(Alternate A) Remove and install existing structures
and construct new 115 kV structures in place at
locations 2, 6 & 7. Evaluate and transfer all guy wires.
1 Lump Sum
Plans and Special Provisions may be inspected and/or copies obtained for a non-refundable fee of $____ at
the receptionist’s station, Ukiah City Hall, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400.
No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with
the details of the Special Provisions. Each bidder must be licensed as required by law. Further information
regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax
phone (707) 313.3621. The City Council reserves the right to reject any or all bids and to determine which
proposal is, in its opinion, the lowest responsible bid of a responsible bidder and which it deems in the best
interest of the City to accept. The City Council also reserves the right to waive any information not material to
cost or performance in any proposal or bid.
A MANDATORY PRE-BID CONFERENCE will be held at____________________ beginning at the
________________, Ukiah, CA 95482,
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of
California, the Director of the Department of Industrial Relations, State of California, 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. Copies of the General
Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done 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 C-10
(Electrical) Contractor's License.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
6
Pursuant to Section 4590 of the California Government Code, 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 TWO TIMES: ___________________
INSTRUCTIONS TO BIDDERS
The 115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT shall be performed in
accordance with the Plans and Special Provisions therefore 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 of 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 City prior to the start of any work and start work as
scheduled.
The work is to be completed by _______________. The Contractor will pay to the City the sum of five hundred
($500.00) dollars per day for each and every calendar day delay beyond the time prescribed.
Examination of Site, Drawings, Etc.
A mandatory pre-bid conference will be held _____________, 10:00 am beginning at the Gobbi Switching
Station, 724 S. Orchard Ave., Ukiah, CA 95482, to 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. Failure to attend the mandatory bid conference will be just cause to for
the bid to be rejected as non-responsive. 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, 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 City to exist; but, it is neither intended nor shall it be inferred that the conditions as
shown thereon constitute a representation by the City or its officers that such conditions are actually existent, nor
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shall the City, or any of their officers or representatives be liable for any loss sustained by the Contractor as a result
of a variance between the conditions shown on the drawings and the conditions actually revealed during the
progress of the work or otherwise.
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City
will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
The bidder's attention is directed to the possible existence of obstructions within the limits of the work or adjacent
thereto, which may or may not be shown on the Drawings.
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.
Location of the Work
All of the work to be performed will be from Location 1 at the City of Ukiah Babcock Metering Station, 700 Babcock
Lane, Ukiah, California to Location 10 at Orchard Substation at 724 S. Orchard and includes work at Gobbi
Switching Station. (See Appendix A)
All work is anticipated to be performed during regular work hours.
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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
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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 therefore. It will be
assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the
character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans
involved.
1-03. Proposal. Bids shall be made on the blank form prepared by the City without removal from the bound
Special Provisions. 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. 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.
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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 (Government Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or
labor, or render service to the prime contractor in or about the construction of the work, or to a
subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially
fabricates and installs a portion of the work according to detailed drawings contained in the plans and
Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list
only one subcontractor for each such portion defined by the prime contractor in his or her bid.
1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1
through 9, 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 12-03 of these Special Provisions.
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 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 judgment 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.
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3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work
shall be considered a part hereof and shall be subject to each and all of its terms and requirements.
3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the
written consent of the City acting through its authorized agents. Consent will not be given to any proposed
assignment which would relieve the original contractor or its surety of their responsibilities under the contract
nor will the Engineer consent to any assignment of a part of the work under the contract.
3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her
subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and
omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to
bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any
contractual relationship between any subcontractor and the City and no action may be brought by any
subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract
Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not
in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or
conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern.
All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately
followed to the scale to which the
drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ
from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed
or explained in these contract documents, including the contract drawings, the Contractor shall apply to the
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. Contractorσ attention is directed to
Section 12-05 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. 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.
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.
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4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this
contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not
less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the
completion and acceptance of the work, to protect the City against the results of defective materials,
workmanship and equipment during that time. This bond shall be delivered to the City before the final
payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the
conditions and provisions of this contract and they waive the right of special notification of any change or
modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of
the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract;
and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety
companies of their obligation under this contract.
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(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.
5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage. If Commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $2,000,000 per accident for bodily injury and property damage.
5-03. Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the
City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and
defense expenses.
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5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insured’s 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. 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.
3. 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.
5-05. 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 insures under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverage 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
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or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of
these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service
thereof upon the Contractor and the date of such service shall be the date of such delivery. The address
named in the proposal may be changed at any time by notice in writing from the Contractor to the City.
Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing,
sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a
suitable office at the site of the work which shall be the headquarters of a representative authorized to
receive drawings and any such thing given to the said representatives or delivered at the Contractor's office
at the site of work in his or her absence shall be deemed to have been given to the Contractor.
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the
work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the
work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who
shall receive and obey all instructions or orders given under this contract and who shall have full authority to
execute the same and to supply materials, tools and labor without delay and who shall be the legal
representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions
delivered to him or her or to his or her authorized representative.
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 there
from 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.
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The City shall have the right to estimate the amount of such damage and to cause the City to pay the same
and the amount so paid for such damage shall be deducted from the money due the Contractor under this
contract; or the whole or so much of the money due or to become due the Contractor under this contract as
may be considered necessary by the City, shall be retained by the City until such suits or claims for damages
shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City.
6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences,
warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to
prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and,
if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees
or agents, shall be restored to a condition as good as when he or she entered upon the work.
6-06. Protection of City against Patent Claims. All fees, royalties or claims for any patented invention,
article or method that may be used upon or in any manner connected with the work under this contract shall
be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the
City, together with all of its officers, agents, servants and employees, harmless against any and all demands
made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested
by the Project Manager, 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 Project
Manager. Or, in the event that the Project Manager 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 Project Manager 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 assume 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 Project Manager 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.
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6-10. Approval of Contractor's Plans. The approval by the Project Manager 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 Project Manager has no objection to
the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Project Manager 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 Project Manager 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 Project Manager.
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 Project Manager. At the request of the Project Manager the Contractor shall provide
men from his or her force and tools, stakes and other materials to assist the Project Manager 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 Project Manager, 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 Project Manager 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 Project
Manager 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 Project Manager,
in writing and the Project Manager 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.
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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 Project
Manager. 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
Project Manager 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 Project Manager.
(1) If the work be 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 Project Manager 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 Project Manager 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 Project Manager, 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 Project
Manager 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 immediately from the work and shall not be re-employed
upon it except with the consent of the Project Manager.
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 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
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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. 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).
6. 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 Project Manager 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 guaranteed for a period of one year from the date of acceptance by the
City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship
and equipment.
The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to
the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the
aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay
would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and
the Contractor shall pay the costs thereof.
Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a
Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price,
which shall be effective for a period of one (1) year after the completion and acceptance of the work.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
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7-01. Authority of the Project Manager. All work done under this contract shall be done in a workmanlike
manner and shall be performed to the reasonable satisfaction of the Project Manager, who shall have
general supervision of all work included hereunder. To prevent disputes and litigation, the Project Manager
(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 Project Manager shall be unable to act, in
consequence of absence or other cause, then such Project Manager as 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 Project
Manager.
7-02. Inspection. The City will provide personnel for the inspection of the work.
The Project Manager 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 Project Manager instruction, laws, ordinances, or any public authority requires
any work to be specially tested or approved, the Contractor shall give the Project Manager timely notice of its
readiness for inspection and, if the inspection is by an authority other than the Project Manager, of the date
fixed for such inspection. Inspections by the Project Manager shall be promptly made at the source of supply
where practicable. If any work shall be covered up without approval or consent of the Project Manager, it
must, if required by the Project Manager, be uncovered for examination and properly restored at the
Contractor's expense.
Re-examination of any work may be ordered by the Project Manager 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 Project Manager 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 Project Manager r 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 Project Manager shall have the right and authority to retain such work instead of requiring
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the imperfect work to be rem oved and reconstructed, but he or she shall make such deductions therefore in
the payments due or to become due the Contractor as may be just and reasonable.
7-06. Changes in the Work. The Project Manager 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 $25,000,
whichever is the lesser, 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 Project Manager and, in order, shall then be binding upon the Contractor. The Contractor shall
proceed with the work as changed and the value of such change shall be determined as provided for in
section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that
which is necessarily affected by such alterations and is clearly the evident intention of the parties to this
contract.
7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution
are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In
addition to these drawings, however, the Project Manager 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 Project Manager, 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 Project Manager, 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 Project Manager, 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 Project Manager 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 therefore, 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 Project Manager shall in no way relieve
the Contractor from any damages which may occur during or after such precaution has been taken by the
Project Manager.
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.
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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 Project Manager, or otherwise be
guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the
Project Manager 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 Project Manager.
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 Project Manager may determine.
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
Project Manager.
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.
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8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor
shall submit to the Project Manager, 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 Project Manager 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 Project Manager.
When requested by the Project Manager, 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 Project Manager. 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 Project Manager 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 Project Manager 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
Project Manager for approval and from the making of surveys, measurements, inspections, and testing and
(3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference
of other contractors employed by the City which do not necessarily prevent the completion of the whole work
within the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this
contract shall include all delays which may result, through cause beyond the control of the Contractor and
which he or she could not have provided against by the exercise of care, prudence, foresight and diligence.
Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or
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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 Project Manager in writing of the probability of the occurrence of such delay
and its cause, in order that the Project Manager 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 Project Manager 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 Project Manager 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 Project Manager within 45 days of the
occurrence unless the Project Manager specifies in writing a longer period. All claims for a time extension
must be approved by the Project Manager 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 Project
Manager, 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 Project Manager.
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 Project Manager and that such permission may be revoked
at any time by the Project Manager 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
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shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in
the execution of the contract by him or her or by any subcontractor, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the
provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of
the State of California and any acts amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by City. All payments under this contract shall be made upon the presentation of
certificates in writing from the Project Manager 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 Project Manager 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 Project
Manager 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 Project Manager 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 90 percent of the estimated value
of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.
1. At such times that Government Code Section 4590 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
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Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal
National Mortgage Association established under the National Housing Act as amended and bonds
of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which
rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and
operating within the United States; (2) having total assets in excess of five hundred million dollars
($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California.
Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than
10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as
banker’s 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 Project Manager, in writing, of
the completion of the work, whereupon the Project Manager shall promptly, by personal inspection, satisfy
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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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 Project Manager 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 there
under and the value thereof.
Such final estimate shall be signed by the Project Manager, 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 there from 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 of fered 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 Project Manager 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 Project Manager 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 therefore 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 Project Manager'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
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prices for each measurable quantity installed in place, and such changes have been ordered in writing by the
Project Manager and approved by the City prior to the Contractor performing the extra work, then a price
may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for
performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-
1.03,"Force Account Payment" of the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is
required or reasonably implied to be performed or furnished under this contract.
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is
not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to
extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge
to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which are directly chargeable to the contract and
which accrue during the period of such extension, except that the cost of final unavoidable delays shall not
be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the
essence and that, in case all the work is not completed before or upon the expiration of the time limit as set
forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it
is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is
therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for
each and every calendar days delay beyond the time prescribed.
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. 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.
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 there under,
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.
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11-04. 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.
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed will be from Location #1 at the PG&E
Substation to Location #10 at Orchard Substation at 724 S. Orchard and includes work at Gobbi Switching
Station. (See Appendix A)
All work is anticipated to be performed during regular work hours. All work will be performed on the
energized transmission line without interruption.
Work required, and to be more clearly defined in this specification under Section 13. Construction Details:
Replace 4 poles and associated insulators and hardware as identified as Locations 1, 3, 4, & 5.
Replace 3 poles and associated insulators and hardware as identified as Locations 2, 6 & 7.
(Alternate A) Build New Transmission Span (Gobbi by-pass) from Location 9 to Location 10).
Examination of Site. A mandatory pre-bid conference will be held _______________________, 10:00
am beginning at the Gobbi Switching Station, 724 S. Orchard St. Ukiah, CA 95482, to 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.
Failure to attend the mandatory bid conference will be just cause to for the bid to be rejected as non-
responsive.
Oral statements or instructions made during this visit will not constitute an amendment to this solicitation.
The City will determine the appropriate action necessary, if any, and may issue a written amendment to the
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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bid request.
Failure to have made adequate investigations and examinations will in no way relieve the contractor from its
obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of
ignorance of such conditions and requirements be accepted as basis for any claim whatsoever by the
contractor for additional compensation. Further information regarding the work or these specifications can be
obtained from Mary Williamson, (707) 467-5777.
12-03. 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
12-04. 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. 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.
12-07. Safeguards. The Contractor shall conduct operations so as to cause the least possible obstruction
and inconvenience to the public. The Contractor shall, at his or her expense, in conformity with all local
codes and ordinances and as may be required, such temporary walls, fences, guardrails, barricades, lights,
danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed.
12-08. 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.
12-09. 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.
12-10. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of
Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or
modifications thereto, in effect during this project.
SECTION 13 - CONSTRUCTION DETAILS
13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and
incidentals necessary to replace 4 poles and associated insulators and hardware as identified below as
Location’s #1, 3, 4 & 5. Locations of the work will begin at Location #1 at the Babcock Metering Station at
700 Babcock Lane, Ukiah, California. A locator map “Appendix A” is attached to this specification.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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All work will require the City of Ukiah’s 115 Radial Feed Transmission Line remain energized during all
phases of required work.
13-02. Materials. Materials shall be new and of merchantable grade, free from defect. Contractor shall be
responsible for providing any and all materials necessary for the completion of the project, which include, but
are not limited to, all poles, insulators and associated hardware. No substitutions shall be permitted from the
original specifications unless bidder obtains prior written approval.
Work Location 1
Remove existing transmission structure.
Install Detail B in Place. Evaluate & transfer Anchor and down guys.
Work Location 3
Remove existing transmission structure.
Install Detail A in Place .
Work Location 4
Remove existing transmission structure.
Install Detail A in Place .
Work Location 5
Remove existing transmission structure.
Install Detail C in Place. Evaluate & transfer Anchor and down guys.
13-03. Equivalent Equipment and Submittal Process While certain manufacturers and models are
specified, there may be other manufactured units that meet the requirements, and could be considered
“equivalent”. If offering an equivalent, Contractor is to submit with their bid response complete data, with
drawings and samples necessary, including:
a. Comparison of the qualities of the proposed substitution with that specified.
b. Manufacturer warranties.
c. Availability of maintenance service, and source of replacement materials.
13-04. Removal and Disposal of Existing Poles, insulators & associated hardware. Contractor shall be
responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for removal and
disposal of existing poles, insulators & associated hardware. Disposal shall be per the current laws and
regulations governing the proper disposal of such materials.
Payment. Full compensation for removal and disposal of existing poles, insulators and associated
hardware to the above requirements shall be considered as included in the prices paid for the
contract items of work, and no additional compensation will be allowed therefore.
13-05. Measurement and Payment. The contract lump sum price shall be compensation in full for all labor,
materials, equipment, tools, removal and disposal, of all existing poles, insulators and associated hardware,
including any and all incidentals to.
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
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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:
Construct New Transmission Line Span from Location 9 to Location 10 by-passing existing Gobbi Switching
Station. Demolish existing Transmission bus Structures, Footings, Anchor and Temporary Pole. Grade site
to Approval.
Amendment A
Work Location 2
Remove existing transmission structure.
Install Detail A in Place.
Work Location 6
Remove existing transmission structure.
Install Detail C in Place. Evaluate & transfer Anchor and down guys.
Work Location 7
Remove existing transmission structure.
Install Detail A in Place.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL FOR
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT
Specification No.
The undersigned, as bidder, declares that he or she has examined thoroughly the entire 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
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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according to the requirements and to the reasonable satisfaction of the City Project
Manager;
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 therefore the following sums:
BIDDING SCHEDULE
In case of discrepancy between words and figures, the words shall prevail.
ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID
(in words and in figures)
EXTENDED AMOUNT FOR
ITEM (in figures)
1. 1 Remove existing 115 kV structures at locations
1, 3, 4 & 5. Construct new 115 kV structures in
place.
Evaluate and transfer all guy wires.
Construct new transmission span from Location
9 to Location 10 bypassing existing Gobbi
Switching Station at Location 11. Work to be
performed while energized without interruption.
For the total lump sum price of:
____________________________________
($_______________)
$______________________
2. 1 (Alternate A) Remove existing structures and
construct new 115 kV structures in place at
locations 2, 6 & 7.
Evaluate and transfer all guy wires.
For the total lump sum price of:
____________________________________
($________________)
$______________________
Total Bid Amount In Words
______________________________
Total Bid Amount in Figures:
$________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids or to
select the base bid plus any additive bid item or combination of additive bid items and to determine which
proposal is, in its opinion, the lowest responsible bid of 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 _____________.
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THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE
UNDER PENALTY OF PERJURY.
Signature of bidder or bidders, with business 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, and Treasurer.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
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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.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT
________________________________________________________________
(Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
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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.)
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LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the State Government 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 to the Contractor in or about the construction
site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done
by each subcontractor.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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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.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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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: __________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
41
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 for 115 KV TRANSMISSION LINE POLE REPLACEMENT
AND RE-ALIGNMENT.
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: __________________________________________________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
42
__________________________________________________________
__________________________________________________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
43
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing 115 KV TRANSMISSION LINE POLE REPLACEMENT
AND RE-ALIGNMENT by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive bidding in connection with
such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________
__________________________________________________
__________________________________________________
Place of Residence:__________________________________________________
__________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____.
__________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
44
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT
Specification No.
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and ____________, hereinafter called the
Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and shown and has approved and adopted these contract
documents, specifications and drawings and has caused to be published in the manner and for the time
required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms
of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the
construction of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicl y opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached and according to such instructions as may be given by the Project Manager. The Contractor
shall complete the work within forty-five (45) calendar days. Contract days shall be counted starting with the
10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her
option, may begin work prior to start of counting contract days, however, in no event shall the Contractor
start work without giving notification to the Engineer at least 72 hours prior to the start of work, without
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
45
obtaining an encroachment permit from the City, or without having submitted certificates of insurance that
have been accepted and approved by the Engineer.
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for
complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices
as full compensation for all material and appliances necessary to the work, for all labor and use of tools and
other implements necessary to execute the work contemplated in this contract; for all loss or damage arising
out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or
difficulties which may be encountered in the prosecution of the work; for all risks of every description
connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for
all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special
Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, color, national origin or ancestry, or religion of such persons and every contractor for public
works violating this section is subject to all the penalties imposed for a violation of this chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for
employment because of race, color, religion, ancestry, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, ancestry, or national origin. Such
action shall include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the awarding authority setting forth the provisions of this Fair Employment
Practice section.
(b) The Contractor will send to each labor union or representative of workers with which he or she
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the awarding authority, advising the said labor union or worker's representative of
the Contractor's commitments under this section, to employees and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment
advertisements, application forms and other pertinent data and records by the Fair Employment
Practices Commission, City of Ukiah or any other appropriate agency of the State of California
designated by the awarding authority, for the purposes of investigation to ascertain compliance
with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the
Fair Employment Practices Act shall be regarded by the awarding authority as a basis for
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
46
determining the Contractor to be not a "responsible bidder" as to future contracts for which such
Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for
refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair
Employment Practices Act to have occurred upon that it has investigated and determined that
the Contractor has
violated the Fair Employment Practices Act and has issued an order under Labor Code Sectio n
1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the City
shall notify the Contractor that unless he or she demonstrates to the satisfaction of the
awarding authority within a stated period that the violation has been corrected, his or her pre-
qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with
the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section
1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or
portion thereof, for each person who was denied employment as a result of such non-
compliance, the penalties provided in the Labor Code for violation of prevailing wage rates.
Such monies may be recovered from the Contractor. The City may deduct any such damages
from any monies due the Contractor.
(f) Nothing contained in this Fair Employment Practices section shall be construed in any manner
of fashion so as to prevent the City or the State of California from pursuing any other remedies
that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or
she has or will meet the following standards for affirmative compliance, which shall be
evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the Cit y that he or she has notified all
supervisors, foremen and other personnel officers in writing of the content of the anti-
discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified
all sources of employees’ referrals (including unions, employment agencies, advertisements,
Department of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance
report shall also spell out the sources of the work force and who has the responsibility for
determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations
with the unions with whom he or she has agreements, attempt to develop an agreement which
will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
47
b. Otherwise implement an affirmative anti-discrimination program in terms of the unions'
specific areas of skill and geography to the end that qualified minority workers will be
available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by
individuals, firms or organizations during the period of its pre-qualification.
(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first
tier subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time
of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of this
agreement.
1. Notice to Bidders
2. Wage Scales
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
12. Addendums 1 thru 4
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their
names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________
CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________
CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________
CONTRACTOR
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
48
Attest: ______________________________________________________________
Title: ______________________________________________________________
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
__________________________________________________
CITY ATTORNEY, CITY OF UKIAH
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
49
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____,
by and between the City of Ukiah (Ukiah) and ______________________________________
(Contractor).
Contractor is
_________________________________________________________________________________
___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will
protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and
employees from and against any claim, loss, or damage, including the legal and other costs of defending
against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance
under the work order attached hereto, except for claims, losses, or damages resulting from the sole and
exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
50
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________
__________________________________________________________________________________,
AS PRINCIPAL, and
__________________________________________________________________________________,
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides, and
if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and
shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its
attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor,
services, materials, or equipment in the prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all
sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline
and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for
commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall
be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the
term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety
from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby
waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their
seals hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
51
___________________________________
(City/State/Zip Code)
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the
______________________________ Secretary of the corporation named as Principal in the foregoing bond;
that _______________________________________, who signed the said bond on behalf of the Principal,
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
52
was then ____________________________________________ of said corporation; that I know his
signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
53
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS
PRINCIPAL, and
__________________________________________________________________________
__________________________________________________________________________, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of
dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly
and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________,
20_____,
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides, and
if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and
shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its
attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor,
services, materials, or equipment in the prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all
sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline
and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for
commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall
be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the
term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety
from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby
waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their
seals hereto, this ________ day of _______________,20_______.
In the presence of:
WITNESS:
____________________________________ ________________________________(SEAL)
(Individual Principal)
___________________________________
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
54
(Business Address)
___________________________________
(City/State/Zip Code)
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the
______________________________ Secretary of the corporation named as Principal in the foregoing bond;
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
55
that _______________________________________, who signed the said bond on behalf of the Principal,
was then ____________________________________________ of said corporation; that I know his
signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND
1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.
2. The name of the Principal shall be shown exactly as it appears in the Contract.
3. The penal sum shall not be less than required by the Specifications.
4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual
and state his place of residence.
5. If the Principal is a corporation, the bond shall be executed under its corporate seal.
If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following
the corporate name.
6. The official character and authority of the person(s) executing the bond for the Principal, if a
corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal, or copies attached to such records of the corporation as will evidence the official character and
authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the
corporate seal, to be true copies.
7. The current power-of-attorney of the person signing for the surety company must be attached to the
bond.
8. The date of the bond must not be prior to the date of the Contract.
9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.
10. The signature of a witness shall appear in the appropriate place attending to the signature of each
party of the bond.
11. Type or print the name underneath each signature appearing on the bond.
12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
56
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________
__________________________________________________________________, as PRINCIPAL
and__________________________________________________________________________
___________________________________________________________________, as SURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of
___________________________________________________________________________________
_________________________________________________________($____________________),
(5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors,
administrators successors and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City Of Ukiah
dated_________________________
for _________________________________________________________________________________
____________________________________________________________________________________
WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________,
_________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall
guarantee that the work will be free of any defective materials or workmanship which become apparent
during the period of one (1) year following completion of the Contract, then this obligation shall be void,
otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether
expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability
for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____.
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
BY:_______________________________________________(Seal)
__________________________________________________(Seal)
115 KV TRANSMISSION LINE POLE REPLACEMENT AND RE-ALIGNMENT Spec. No. ______
57
Surety
375'
375'
565'
235'
101
REDWOOD
HIGHWAY
U.S.
1
2
3
45
6
LOADING CONDITIONS
TENSION & SAG TABLE
(LIGHT LOADING DISTRICT)
RULING SPAN (FT)
565 305 375
TEMP
)
WIND
(LBS/FT )
ICE
( INCHES)2
TENSION
( LBS)
TENSION
( LBS)
TENSION
( LBS)
SAG
(FT)
SAG SAG
(FT)(FT)
TYPE
LOC OF
MATERIAL
1
2
3
4
5
6
7
8
OVERALL
HEIGHT
(FT)
DEPTH OF
SETTING
(FT)
STRUCTURE
TYPE
LINE
DEFLECT.
ANGLE
GUY
REQUIREMENT
WOOD
WOOD
WOOD
WOOD
WOOD
WOOD
WOOD
STEEL
80'
75'
75'
90'
75'
7
891110
90'
75'
90'
9
10
STEEL
90'STEEL
16'H-1 (6)- 9/16" o EHS Galv.
--
NONE12 '
12 '
12 '
12 '
16 '
16 '
-
CLASS 2
CLASS 2
CLASS 2
H-1
H-1
CLASS 2
-
-
-
11 WOOD
0
0
0
0
0
---
8
0
0
0
0
2700 13.25
1967 12.25
1686
1461
1349
14.00
15.60
17.60
25
25
60
90
130
NONE
STEEL WIRE
NONE
NONE
(3)- 9/16" o EHS Galv.
STEEL WIRE
(3)- 9/16" o EHS Galv.
STEEL WIRE
3000
2481
1716
1382
1127
6.26
5.50
6.75
7.80
9.20
ORCHARD
SUBSTATION
TABLE A
3000 6.10
2136 5.30
1686 6.60
1405 7.70
1180 9.20
( LBS)
SAG
(FT)
3000 2.15
2604 1.78
1577 2.94
1192 3.90
934 4.99
TENSION
235
ALTERNATE A
115 kV TRANSMISSION LINE
POLE REPLACEMENT
AND RE-ALIGNMENT
ALTERNATE A
90'
NONE
CITY OF UKIAH
N
POLE DETAIL
-
-
--
GOBBI SUBSTATION
115 kV TRANSMISSION LINE
POLE REPLACEMENT
AND RE-ALIGNMENT