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HomeMy WebLinkAbout2015-05-06 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 6 , 2015 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation and Report to Council of the Conversion by the Redwood Empire Municipal Insurance Fund (REMIF) from Fully Funded to Self-Funded Anthem Blue Cross Health Insurance Plan Effective July 1, 2015. b. Presentation Regarding Official City of Ukiah Website and Social Media Pages. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of April 15, 2015, a Regular Meeting. b. Minutes of April 28, 2015, a Special 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. Adoption of Resolution Identifying Terms and Conditions for Reimbursement by the State for Fire Department Response Away from their Official Duty Station and Assigned to an Emergency Incident. b. Adoption of Resolution Approving Destruction of Old Files/Records. c. Adoption of Resolution Removing 40 Lineal Feet of On-Street Parking on South Orchard Avenue North and South of Kings Court. d. Adoption of Resolution Removing 70 Lineal Feet of On-Street Parking on the South Side of West Standley Street West of the Intersection with Barnes Street. Page 1 of 3 Page 2 of 3 e. Adoption of Resolution Removing 50 Lineal Feet of On-Street Parking and Establishing a No Parking Zone / Bus Loading Zone at 915 South Dora Street. f. Adoption of Resolution Removing an Existing No Parking Zone / Bus Loading Zone on Mason Street at Clara Avenue and Removing 40 Lineal Feet of On-Street Parking and Establishing a Bus Loading Zone at 200 Clara Avenue. g. Adopt Plans and Specification No. 15-04 to Install Conduit, Vaults and Equipment Pads to Reconfigure the Electric System Improving the Capability and Reliability to the North West Portion of Ukiah. (EUD) $255,000. h. Authorization for the City Manager to Negotiate and Execute a Contract with Redwood Empire Officials Association for Officiating Services for the Community Services Department. i. Authorize the Purchase of Software License Renewal for BOX, Inc. in the Amount of $23,400. 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) 12. UNFINISHED BUSINESS 13. NEW BUSINESS a. Award Professional Services Contract to Van Lant & Fankhanel, LLP for Audit Services. b. Receive Status Report on Grace Hudson Nature Education Facilities Grant Project and Introduce Ordinance, by Title Only, Amending Section 1965 in Division 1, Chapter 12 of the Ukiah City Code Entitled “Parks And Recreation Facilities” to Include the Grace Hudson Cultural Center. c. Oral Presentation on Groundwater Sustainability Management Act (SGMA). d. Discussion and Possible Adoption of Resolution Authorizing the City Manager to Accept the Rights of Way for Public Streets and Easements for Public Utilities Related to the Development of the Proposed Courthouse and Build-Out of the “Depot Site.” 14. CLOSED SESSION – Closed Session may be held at any time during the meeting a. Conference with Legal Counsel – Pending Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (2 cases) Page 3 of 3 b. Conference with Legal Counsel – Pending Litigation (Government Code Section 54956.9(d)(1)) Name of Case: County of Mendocino v. Solid Waste Systems, Inc., Mendocino County Superior Court No. SCUKCVG 11-59459 c. Conference with Legal Counsel – Pending Litigation (Government Code Section 54956.9(d)(1)) Name of Case: Ukiah Citizens for Safety First v. City of Ukiah, Mendocino County Superior Court, Case No. SCUKCVPT 14-63579 d. Conference with Real Property Negotiators (§54956.8) Property: APN 184-090-06 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Joe Valera Under Negotiation: Price & 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 1st day of May, 2015. Kristine Lawler, City Clerk Agenda Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 15, 2015 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on April 15, 2015, having been legally noticed on April 9, 2015. Mayor Crane called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Maureen Mulheren, Kevin Doble, Jim O. Brown, Vice Mayor Scalmanini and Mayor Crane. Staff Present: Jane Chambers, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk. MAYOR CRANE PRESIDING. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Adoption of Proclamation for Mayor’s Day of Recognition for National Service. Presenter: Mayor Crane. Proclamation Received by Members of Community HealthCorps and First 5. Public Comment: Townley Saye and Roseanne Ibarra, Congressman Huffman’s office Field Representative. b. Adoption of Proclamation for Workers Memorial Day. Presenter: Mayor Crane. Proclamation Received by Terry Poplawski, Mendocino County Coalition of Union Members Organizer. Public Comment: Terry Poplawski, Mendocino County Coalition of Union Members Organizer. c. Adoption of Proclamation for in Support of California Safe Digging Month. Presenter: Mayor Crane. Proclamation Received by Leslie Horak, Pacific Gas and Electric Company. Public Comment: Leslie Horak, Pacific Gas and Electric Company, Government Relations 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Minutes of April 1, 2015, Regular Meeting. Page 1 of 4 City Council Minutes for April 15, 2015, Continued: Page 2 of 4 Motion/Second: Mulheren/Doble to approve the minutes of April 1, 2015, a Regular Meeting as submitted. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, and Scalmanini. NOES: None. ABSENT: None. ABSTAIN: Crane. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for the Month of March, 2014 - Finance b. Authorization of Sole Source Contract (COU No. 1415-151) for Purchase and Installation of Phase II Video Camera System from Gaynor Telesystems, Inc. in the Amount of $38,482.31 and Approval of Corresponding Budget Amendment – Community Services/Police. c. Renewal for the Cooperative Agreement with Calfire for Fire Dispatching Services and Authorize the City Manager to Sign Agreement – Finance – Pulled by Councilmember Mulheren and placed as Agenda Item 13c. d. Report of Acquisition of Professional Consulting Services from Rau and Associates, Inc. for Additional Design Work for the Storm Drain Abandonment and Replacement Project at the Redwood Empire Fairgrounds – Public Works – Pulled by Councilmember Doble and placed as Agenda Item 13d. e. Notification of Acquisition of Professional Services from Emmett Jones in the Amount of $19,700 for Management Advisory Services for Solid Waste Operations and the Landfill Closure Project and Approve Budget Amendment – Public Works – Pulled by Vice Mayor Scalmanini and placed as Agenda Item 13e. Motion/Second: Doble/Brown to approve Consent Calendar Items 7a and b, as submitted. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Public Comment: Mike Sweeney, Mendocino County Solid Waste Management Authority General Manager; Maxwell Mileck; and Phil Baldwin. 9. COUNCIL REPORTS Presenters: Councilmembers Mulheren and Brown, and Vice Mayor Scalmanini. 10. CITY MANAGER/CITY CLERK REPORTS Presenters: Jane Chambers, City Manager and Tim Eriksen, Public Works Director. Public Comment: Elizabeth Archer. 11. PUBLIC HEARINGS 12. UNFINISHED BUSINESS a. Status Report – Palace Hotel Public Nuisance Abatement – Planning and Community Development. Presenter: Charlie Stump, Planning and Community Development Director. Public Comment: Leslie Hunter, Air and Water Sciences; Pinky Kushner; Phil Baldwin; and John McCowen (speaking as resident). Report was received. City Council Minutes for April 15, 2015, Continued: Page 3 of 4 RECESS 7:34 – 7:42 P.M. b. Award Acquisition of Enclosed Landfill Gas Ground Flare Station for the Ukiah Landfill and Approve Budget Amendment – Public Works. Presenter: Tim Eriksen, Public Works Director. Motion/Second: Scalmanini/Brown to award acquisition of enclosed landfill gas ground flare station for the Ukiah Landfill to John Zink Company, LLC, in the amount of $186,520, and approve budget amendment. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS c. Renewal for the Cooperative Agreement with Calfire for Fire Dispatching Services and Authorize the City Manager to Sign Agreement – From Consent Calendar Agenda Item 7c. Presenters: Tim Pierson, CalFire and Karen Scalabrini, Finance Director. Motion/Second: Scalmanini/Brown to approve the cooperative agreement (COU No. 1415-182) with CALFIRE for Fire and Medical Dispatching Services in the amount not to exceed $216,393 for Fiscal Year 15/16, $230,748 for Fiscal Year 16/17 and $251,700 for Fiscal Year 17/18 and authorize the City Manager to sign the agreement. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. 12. UNFINISHED BUSINESS, Continued c. Update on the Status of the Council Ad Hoc Committee on Exploration with City Hauler of Solid Waste Disposal Alternatives and possible direction to Staff and the Ad Hoc Committee (Oral Report) – Public Works. Presenter: Tim Eriksen, Public Works Director. Public Comment: Mike Sweeney, Mendocino County Solid Waste Management Authority General Manager; John McCowen; Phil Baldwin; and Richard Johnson, C&S Waste Solutions. Council Consensus to direct staff to bring back on May 20, 2015, the presentation that was shown to the previous council, show what the study yielded, and provide some options for green waste/food waste including what the economic impacts would be for those options. Report was received. 13. NEW BUSINESS - Continued a. Authorize the City Manager to Negotiate an Agreement with Paymentus for Payment Processing Services and Review and Recommend Current Transaction Payment Fee Model – Finance Department. Presenters: Karen Scalabrini, Finance Director and Mary Horger, Purchasing Supervisor. Staff Comment: Sage Sangiacomo, Assistant City Manager. Motion/Second: Scalmanini/Doble to authorize the City Manager to negotiate a 5-year contract (COU No. 1415-183) with Paymentus for payment processing services. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. City Council Minutes for April 15, 2015, Continued: Page 4 of 4 b. Discussion and Action Regarding the Formation of an Ad Hoc to Consider a Sales Tax Measure for Funding Road Improvements and Maintenance – Public Works. Presenter: Tim Eriksen, Public Works Director. Motion/Second: Doble/Brown to appoint Vice Mayor Scalmanini and Councilmember Mulheren to serve on an Ad Hoc to review the possibilities of a sales tax measure for street improvements. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. d. Report of Acquisition of Professional Consulting Services from Rau and Associates, Inc. for Additional Design Work for the Storm Drain Abandonment and Replacement Project at the Redwood Empire Fairgrounds – From Consent Calendar Agenda Item 7d. Presenter: Tim Eriksen, Public Works Director. Motion/Second: Scalmanini/Brown to receive and file report of the acquisition of professional consulting services from Rau and Associates, Inc. (COU No. 1415-141-A1) for additional design work for the storm drain abandonment and replacement project at the Redwood Empire Fairgrounds. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None. e. Notification of Acquisition of Professional Services from Emmett Jones (COU No. 1314-177-A1) in the Amount of $19,700 for Management Advisory Services for Solid Waste Operations and the Landfill Closure Project and Approve Budget Amendment –– From Consent Calendar Agenda Item 7e. Presenter: Tim Eriksen, Public Works Director. Report was received. 14. CLOSED SESSION - Continued 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:35 p.m. ________________________________ Kristine Lawler, City Clerk Agenda Item 5b CITY OF UKIAH CITY COUNCIL MINUTES Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 28, 2015 10:00 a.m. 1. ROLL CALL Ukiah City Council met for a Special Meeting on April 28, 2015, which was legally noticed on April 23, 2015. Mayor Crane called the meeting to order at 10:05 a.m. Roll was taken with the following Councilmembers Present: Maureen Mulheren, Kevin Doble, Jim O. Brown, Stephen Scalmanini, and Mayor Douglas F. Crane. Others Present: Tom Bucchetti, Ralph Anderson and Associates. MAYOR CRANE PRESIDING. 2. PUBLIC COMMENT CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10:06 A.M. 3. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT Title: (City Manager) No reportable action was taken on the Closed Session item. 4. ADJOURNMENT There being no further business, the meeting adjourned at 11:30 a.m. ________________________________ Kristine Lawler, City Clerk Attachment 1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR LOW GAP TO DESPINA 200/600 AMP LOOP PROJECT SPECIFICATION NO. 15-04 CITY OF UKIAH DEPARTMENT OF ELECTRIC UTILITY 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: 2:00 p.m.,_______, 2015 Office of City Clerk 300 Seminary Avenue Ukiah, California 95482 Attachment 1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: DOUGLAS CRANE - MAYOR STEVE SCALMANINI JIM BROWN KEVIN DOBLE MAUREEN MULHEREN JANE CHAMBERS – CITY MANAGER MEL GRANDI – UKIAH ELECTRIC UTILITY DIRECTOR KRISTINE LAWLER - CITY CLERK ALLEN CARTER- CITY TREASURER CITY OF UKIAH DEPARTMENT OF ELECTRIC UTILITY MAY 2015 Attachment 1 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS .......................................................................................................................1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ..............................................3 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ...........................................................................5 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ....................................................................................5 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION 4. BONDS ......................................................................................................................................6 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS..........................................................6 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 Low Gap to Despina 200/ 600 Amp Loop Project ii Spec ??-15 Attachment 1 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR .........................................................8 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to 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 ........................................................................ 13 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 ............................................................. 15 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 ................................................................................................... 16 Low Gap to Despina 200/ 600 Amp Loop Project iii Spec ??-15 Attachment 1 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ............................................................................................................................ 18 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................... 21 11-01. Notice 11-02. Computation of Time 11-03. Litigation and Forum Selection 11-04. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION .................................................................................................. 22 12-01. Location and Scope of Work 12-02. Examination of Site 12-03. Arrangement of Technical Specifications 12-04. Arrangement of Plans 12-05. Standard Specifications and Standard Plan 12-06. Business Licenses 12-07. Permits 12-08. Temporary Facilities 12-09. Public Convenience and Safety 12-10. Maintaining Traffic 12-11. Warranties 12-12. Utilities 12-13. Preconstruction Conference 12-14. Safety Requirements 12-15 Notification of Underground Service Alert (USA) SECTION 13. CONSTRUCTION DETAILS ................................................................................................ 24 Low Gap to Despina 200/ 600 Amp Loop Project iv Spec ??-15 Attachment 1 13-01. General 13-02. Materials 13-03. Quantities 13-04. Payment 13-05. Primary Junction Boxes and Primary Pedestals 13-06. Bonding and Grounding 13-07. Maintaining Traffic 13-08. Dust Control and Watering 13-09. Traffic Control 13-10. Protection of Existing Facilities 13-11. Removal Methods 13-12. Vacuum Excavation 13-13. Pipe and Structure Excavation,Backfill and Compaction 13-14. Excavation Safety 13-15. Sprinklers and Landscaping 13-16. Clean-up 13-17. Aggregate Base 13-18. Asphalt Concrete 13-19. Curbs, Sidewalks and Miscellaneous Concrete 13-20. Traffic Stripes and Pavement Markings 13-21. Signal, Lighting and Electrical Systems 13-22. Maintaining Existing Systems SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................ 36 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 36 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS PROPOSAL ............................................................................................................................................ 37 BIDDING SCHEDULE .................................................................................................................................. 38 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 43 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 44 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT .................................................................. 45 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 46 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................. 47 SIGNATURE OF BIDDER ............................................................................................................................ 48 BIDDER'S BOND .......................................................................................................................................... 49 Low Gap to Despina 200/ 600 Amp Loop Project v Spec ??-15 Attachment 1 NON-COLLUSION AFFIDAVIT..................................................................................................................... 50 AGREEMENT ............................................................................................................................................ 51 INDEMNIFICATION AGREEMENT .............................................................................................................. 55 EXAMPLE BOND FORMS ............................................................................................................................ 56 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 60 DEFECTIVE MATERIAL AND W ORKMANSHIP (MAINTENANCE) BOND ................................................ 61 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS ATTACHMENTS - UTILITY CONSTRUCTION STANDARDS 314 1007-2 EQUIPMENT GROUNDING 317 3001 PEDESTAL SPEC 314 1008 EQUIPMENT GROUNDING 922 5402 TRANSFORMER BOX PAD 317 2426(4) PADMOUNT SWITCH BOX PAD INSTALLATION 922 5406 PADMOUNT SWITCH BOX PAD 922 5406(2) PADMOUNT SWITCH BOX PAD 922 5407 PADMOUNT SWITCH BOX PAD APPENDIX “A” PROJECT DRAWINGS – 200 AMP LOOP PROJECT (4 sheets) Low Gap to Despina 200/ 600 Amp Loop Project vi Spec ??-15 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR LOW GAP TO DESPINA 200/600 AMP LOOP PROJECT SPECIFICATION NO. 15-04 NOTICE IS HEREBY GIVEN that sealed standard proposals for Low Gap to Despina 200/600 Amp Loop Project 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 “200 AMP LOOP PROJECT”. Bids are required for the entire work described herein. No fax bids will be accepted. ESTIMATE OF QUANTITIES Item No. Description Quantity Unit 1. Excavate, trench, backfill and compaction (18”X59” Street Trench) 815 LF 2. Excavate, trench, backfill and compaction (18”x59” Off-Street Trench) 1,818 LF 3. Remove and replace asphalt concrete (18” Trench) 2,040 SF 4. 4” PVC SCH 40 Conduit including installation 5,194 FT 5. 6” PVC SCH 40 Conduit including installation 204 FT 6. Sidewalk removal and replacement for installation of electric conduit 36 SF 7. Excavate, backfill, compact and install Transformer box pad (City to Provide) 1 EA 8. Excavate, backfill, compact and install Padmount Switch pad (City to Provide) 3 EA 9. Excavate, backfill, compaction and install Pedestal (City to Provide) 6 EA 10. Landscape removal and replacement- Cemetery Property & 660 Capps Ln. 1 LS Plans and Special Provisions may be inspected and/or copies obtained for a non-refundable fee of $59 at the receptionist’s station, Ukiah City Hall Annex, City of Ukiah, 411 West Clay Street, Ukiah, California 95482-5400. Plans and Special Provisions may also be downloaded at no charge from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax phone (707) 463-6234. 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2014) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 A (General Engineering) Contractor's License. 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 Low Gap to Despina 200/600 Amp Loop Project: Trench, backfill, compact, install underground conduits (electric), Pedestal and box pads (installed by Contractor, provide by City) as specified, in the general work area of Low Gap, Bush, Despina and Capps, 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 within thirty (30) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day delay beyond the time prescribed. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the 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 shall the City, or any of their officers or Low Gap to Despina 200/600 Amp Loop Project 1 Spec 15-04 representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. The bidder's attention is directed to the possible existence of obstructions 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, California 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 in the general work area of Low Gap, Bush, Despina and Capps Ln. in Ukiah, California. All work is anticipated to be performed during regular work hours. Low Gap to Despina 200/600 Amp Loop Project 2 Spec 15-04 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated 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, California Standard Specifications, and Standard Plans involved. Low Gap to Despina 200/600 Amp Loop Project 3 Spec 15-04 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. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (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. Low Gap to Despina 200/600 Amp Loop Project 4 Spec 15-04 (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. 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. Low Gap to Despina 200/600 Amp Loop Project 5 Spec 15-04 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. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Low Gap to Despina 200/600 Amp Loop Project 6 Spec 15-04 Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Low Gap to Despina 200/600 Amp Loop Project 7 Spec 15-04 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 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 Low Gap to Despina 200/600 Amp Loop Project 8 Spec 15-04 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. 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 Low Gap to Despina 200/600 Amp Loop Project 9 Spec 15-04 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. 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. Low Gap to Despina 200/600 Amp Loop Project 10 Spec 15-04 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. 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 Low Gap to Despina 200/600 Amp Loop Project 11 Spec 15-04 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 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. Low Gap to Despina 200/600 Amp Loop Project 12 Spec 15-04 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 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 Manger. 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 Low Gap to Despina 200/600 Amp Loop Project 13 Spec 15-04 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 the imperfect work to be removed 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. Low Gap to Despina 200/600 Amp Loop Project 14 Spec 15-04 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. 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 Low Gap to Despina 200/600 Amp Loop Project 15 Spec 15-04 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. 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 Low Gap to Despina 200/600 Amp Loop Project 16 Spec 15-04 (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the 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. No lane closures will be allowed between the peak hours: 4:30 PM to 5:30 AM. 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 Low Gap to Despina 200/600 Amp Loop Project 17 Spec 15-04 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 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 Low Gap to Despina 200/600 Amp Loop Project 18 Spec 15-04 Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as 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 project has 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 Low Gap to Despina 200/600 Amp Loop Project 19 Spec 15-04 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 offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the 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 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 Low Gap to Despina 200/600 Amp Loop Project 20 Spec 15-04 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. 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. Low Gap to Despina 200/600 Amp Loop Project 21 Spec 15-04 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed will be on Low Gap, Bush, Despina and Capps ln. in Ukiah, California. Work required, and to be more clearly defined in this specification under Section 13. Construction Details: Trench, backfill, compact, install underground conduits, pedestals, electric box pad for transformer (installed by Contractor, provide by City), Padmount switch box pads (installed by contractor provided by City), for underground duct system, as specified, in the general work area of Low Gap, Bush, Despina & Capps. 12-02. Examination of Site. The Contractor should familiarize himself with the local conditions of the project sites, and shall be responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger, (707) 463-6233. 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. Arrangement of Plans. Plans delineating the scope of work are provided and indexed per Appendix “A” List of Drawings. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, May 2006, are hereby made a part of these Special Provisions and are hereinafter referred to as “California Standard Specifications” and “California Standard Plans.” Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation – The City Council. Director of Public Works – The City of Ukiah Director of Public Works. Engineer – The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. State – The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications Low Gap to Despina 200/600 Amp Loop Project 22 Spec 15-04 12-06. 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. 12-07. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-08. 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. 12-09. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to the public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass until all work is completed. 12-10. Maintaining Traffic. Attention is directed to Section 7-1.08 “Public Convenience. “7-1.09, “Public Safety. “7-1.092. “Lane Closure.” and 7-1.095. “Flagging Costs.” of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for “Maintaining Traffic”, including “flagging Costs”, shall be considered as included in the various items of work and no additional compensation will be made. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the City. It is the contractor’s sole responsibility to arrange such services as necessary. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during this project. 12-15. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation. USA dial (toll free) 1-800-227-2600 Low Gap to Despina 200/600 Amp Loop Project 23 Spec 15-04 SECTION 13 - CONSTRUCTION DETAILS 13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for trenching, backfilling and compacting, provide and install conduits (electric and Comcast), install vaults and box pad (furnished by City), furnish and install cable vault, blacktopping, sidewalk removal and replacement, as specified, and other incidental and related work, all as shown on the plans and specifications for the Low Gap to Despina 200/600 Amp Loop Project. Location of the work will be in the general work area of Low Gap, Bush, Despina & Capps Ln. in Ukiah, California, as more specifically in the construction drawings defined in Appendix “A”. 13-02. Materials. Materials shall be new and of merchantable grade, free from defect. Contractor shall be responsible for providing any and all materials necessary for the completion of the project, which include, but are not limited to, all conduits, conduit sweeps and conduit fittings. Conduit sizes shall be as specified on the plans. PVC conduit, elbows and sweeps shall meet NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications for type Sch 40 and Sch 80. Rigid steel conduit at all riser pole locations shall be U.L. 6 listed and meet ANSI C80.1 specifications. The ¾” NPT threads (ANSI B1.20.1) shall be full cut and hot galvanized after cutting. All elbows and sweeps shall be minimum 36” radius for 4” conduit and minimum 24” for 2” conduit. Long line couplings shall be used. Five degrees angle couplings, flexible adapters and PVC flexible couplings shall not be used. All conduits shall be proved in a manner acceptable to the Electric Utility Department. Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric cable. Mule Tape must be installed in each conduit. The open end of all conduits must be protected in such a manner that it prohibits dirt and debris from entering. Electronic conduit markers shall be installed at all conduit stub ends. Insulated bonding bushings will be required on metal conduit. No substitutions shall be permitted from the original specifications unless bidder obtains prior written approval. 13-03. Quantities. The preliminary estimate of the quantities of work to be done and materials to be furnished shown in the proposal are approximate only, being given as a basis for the comparison of bids. The City of Ukiah does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the City. Upon completion of successful bid, the Contractor shall furnish to the Engineer a cost break-down for each contract lump sum item. The contractor shall determine the quantities of the items required to complete all work shown on the plans. Such quantities and their values (including labor, equipment and materials) shall be included in the cost break-down submitted to the Engineer for approval. The sum of the quantity units times the unit price shall equal the contract quantities and values used in the cost break-down submitted for approval. Unbalancing of the unit prices will not be allowed. Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in each individual unit listed in the cost break-down, however, costs for traffic control system shall not be included. No adjustment of the compensation will be made in the contract lump sum prices paid for various work items due to any differences between quantities shown in the cost break -down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions. The cost break-down shall be submitted to the Engineer within 10 working days after the contract has been approved. The cost break-down shall be approved by the Engineer, in writing, before any partial payments for the items of work will be made. The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment of compensation for the items(s) of work due to the changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in the compensation will be determined in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with increases and decreases in the quantity of a contract item of work in accordance with the Contractor bid price. Low Gap to Despina 200/600 Amp Loop Project 24 Spec 15-04 Additions or deletions in the quantity of work as set forth in these specifications and accompanying drawings for lump sum items may be ordered by the Engineer after the contract price has been adjusted accordingly to the satisfaction of both the Contractor and the City of Ukiah, and they have been accepted in writing by the Engineer. 13-04. Payment. Payment will be at the unit price bid and will be compensation in full for all labor, materials, equipment, tools, including any and all incidentals. 13-05. Primary Pedestals Transformer Box Pad and Padmount Switch Box Pads. Primary pedestals, Transformer box pad and Padmount Switch Box Pads shall be provided by the City and installed by the Contractor. Primary pedestals shall be installed per city specification # 317 3001. Padmount box pad shall be installed per city specification # 922 5406 & 922 5407. Transformer box pad shall be installed per city specification 317 2426(4) & 922 5402. Grounding shall be installed per Ukiah Electric Utility Department specifications at each primary junction box and transformer location. 13-06. Bonding and Grounding Bonding and grounding shall conform to Ukiah Electric Utility Department specification, 314 1007. 13-07. Maintaining Traffic The Contractor shall notify local authorities of the Contractor’s intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles. Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control”. Payment – Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 13-08. Dust Control and Watering Dust control and watering shall conform to the provisions in Sections 10 "Dust Control" and 17 "Watering" of the California Standard Specifications and these Special Provisions. The Contractor at their expense shall provide their own water for dust control and project construction. Necessary precautions to prevent dust nuisance shall be taken during all phases of construction, on non- working days, and to final acceptance of the work. Payment for dust control and watering shall be considered as included in the various items of work and no additional compensation will be allowed therefore. 13-09. Traffic Control Traffic control shall conform to Section 12 "Construction Area Traffic Control Devices" of the California Standard Specifications and these Special Provisions. Attention is particularly directed to the "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" published by Caltrans. Nothing in these Specifications is to be construed as to reduce the minimum standards set in said manual. Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer. The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access. The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following: • Construction activity that may impede emergency vehicles, school buses, etc. Low Gap to Despina 200/600 Amp Loop Project 25 Spec 15-04 • Construction activity such as trenches or other excavation that prohibit access. • Construction activity that removes a fire hydrant from service. The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service The City will furnish "No Parking" signs which shall be posted by the Contractor. The Contractor shall be responsible for supplying, installing and maintaining such fences, barriers, lights, signs and flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof. All traffic control equipment shall be removed when it is no longer required. Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project. All existing warning, regulatory, and information signs shall be maintained in a visible location during all phases of the construction by the Contractor. If it becomes necessary for the City of Ukiah to replace or place additional barricades in order to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center. Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and placing barricades, warning devices, and for flaggers as may be required by the Engineer shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed therefore. 13-10. Protection of Existing Facilities Protection of existing facilities shall conform to all the applicable provisions in Section 8-1.10 "Utility and Non-Highway Facilities" and Section 15 "Existing Highway Facilities" of the California Standard Specifications and these Special Provisions. All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions and all underground facilities shown on the Plans or brought to the Contractor's attention during the course of the work. The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation. The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility or structure. At the owning utility's discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer. 13-11. Removal Methods Removal of existing improvements shall conform to Section 15-2 "Miscellaneous Highway Facilities" of the California Standard Specifications, these Special Provisions and as shown on the Plans. All portions of existing concrete to be removed shall be removed in a smooth, neat, vertical plane. Where expansion, contraction or construction joints are not present, the concrete shall be saw cut to a minimum depth of 1-1/2 inches. If an expansion, contraction or construction joint is within 3 feet of the concrete to be removed, the concrete shall be removed to that joint. Prior to final paving, all portions of existing pavement to be removed shall be cut on a neat, straight line. Pavement removed outside the removal line shall be cut parallel to and at right angles to the removal line. Low Gap to Despina 200/600 Amp Loop Project 26 Spec 15-04 The face of the cut shall be smooth and shall not overhang the removal area. Drop hammers are not allowed. Jackhammers may be used if the cuts are overlapped and meet the above criteria. Where edges of remaining pavement are raised by the removal method used, they shall be flattened with a mechanical tamper prior to setting frames or replacing pavement. Where an excavation leaves less than 2 feet of pavement adjacent to the gutter, the remaining pavement shall be removed and replaced. All removed material, unless otherwise specified, shall become the property of the Contractor and shall be disposed of outside of the right-of-way. Payment for removal and disposal of existing improvements shall be in accordance with Section 15-2.07 "Payment" of the California Standard Specifications. 13-12. Vacuum Excavation All pothole work to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer. Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches. All pothole work shall comply with the Traffic Control provisions of these specifications. Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing the work involved in performing the pothole operation shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed therefore. 13-13. Pipe and Structure Excavation, Backfill and Compaction Excavation and backfill for pipe, manholes and miscellaneous structures shall conform to the provisions in Section 19.3 "Structure Excavation and Backfill" of the California Standard Specifications, and these Special Provisions. Pavement and concrete removal shall conform to Section 13-11 "Removal Methods" of these Special Provisions. All excavation shall be made to the lines and grades shown on the Plans. Trench edges shall be no closer than 1 foot to the toe of the gutter unless otherwise approved by the Engineer. Where mud, peat or any unstable or objectionable material is encountered at or within 6 inches of the bottom of any excavation, such material shall be removed to a depth of at least 12 inches below the established grade and the trench brought to grade by placing a suitable material thoroughly compacted in place, all as approved by the Engineer. Trench width, bedding and backfill for pipe shall conform to "Pipe Bedding and Backfill Requirements", as shown on plans. Ponding or jetting of backfill is not allowed unless specifically shown on the Plans. Trench backfill shall attain a relative compaction of 90 percent around conduit duct bank and 95 percent within 30” of finish grade.. Backfill compaction within the structural section shall be as shown on the Plans. Structural backfill around all structures and manholes shall attain a relative compaction of 92 percent. The Contractor shall be responsible for scheduling compaction testing per City requirements. The cost for compaction testing shall be included in the total bid cost. Backfill in street areas shall be brought to subgrade and the existing surfacing shall be replaced with the structural section shown on the Plans. Trench backfill shall be accomplished as soon as possible after the pipe has been installed. Low Gap to Despina 200/600 Amp Loop Project 27 Spec 15-04 The Contractor shall conduct the construction operations so that trench backfill at all intersections is sufficiently adequate to allow 2-way traffic in both directions during all phases of construction unless otherwise specified. Payment for pipe and structure excavation and backfill shall be considered as included in the price paid for the various items of work requiring excavation and backfill and no additional compensation will be allowed therefore. 13-14. Excavation Safety Excavation Safety shall conform to the provisions in Sections 5-1.02A "Trench Excavation Safety Plans" and 7-1.01E "Trench Safety" of the California Standard Specifications and these Special Provisions. In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting, shoring and bracing as may be necessary as a precaution against slides or cave-ins and to fully protect all existing improvements of any kind from damage. The Contractor shall obtain a permit from the Division of Industrial Safety and shall submit a copy of the approved permit to the Engineer prior to the start of excavation. The cost of the permit shall be included in the total bid cost. If the shoring and bracing plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. The criteria given by the California Department of Industrial Relations are MINIMA for the conditions shown thereon. In addition to shoring the excavation as specified, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those derived by using the criteria set forth by said governing agency. The Contractor shall be solely responsible for any damages which may result from failure to provide adequate shoring to support the excavations under any or all of the conditions of loading which may exist or which may arise during the construction project. The contract price paid per lump sum for excavation safety shall include full compensation for furnishing all labor, materials, permits and equipment and for doing all work involved as specified under these Special Provisions and no additional compensation will be allowed therefore. 13-15. Sprinklers and Landscaping All sprinkler systems, landscaping, sod or turf shall be reinstalled to its original condition. 13-16. Clean-Up Clean-up shall conform to the provisions in Section 22 "Finishing Roadway" of the California Standard Specifications and these Special Provisions. Upon completion of the work, and prior to requesting final inspection, the work area shall be thoroughly cleaned of all rubbish, construction forms, stakes, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition. The final inspection will not be made until this has been accomplished. Full compensation for clean-up shall be considered as included in the price paid for the various contract items of work requiring finishing, and no additional compensation will be allowed therefore. 13-17. Aggregate Base Aggregate base shall be Class 2 and shall conform to the provisions of Section 26 "Aggregate Bases" of the California Standard Specifications and these Special Provisions. Aggregate grading shall be 3/4" maximum unless otherwise approved by the Engineer. The Contractor shall submit current gradation, R-value, sand equivalent, and durability index test results as requested by the Engineer. Aggregate base shall not be placed until the subgrade has been approved by the Engineer. In lieu of the placement requirements specified in Section 26, aggregate base material shall be placed upon prepared subgrade in a uniform windrow or layer, and after placing, the material shall be graded, compacted and watered in accordance with the requirements of Section 26-1.05 "Compaction" of the California Standard Specifications and the construction plans. Motor graders may be used for the aforementioned grading. Low Gap to Despina 200/600 Amp Loop Project 28 Spec 15-04 Aggregate base shall be compacted as specified in the Standard Specifications to a relative compaction of 95 percent. Finished grade shall be within 0.05 feet of plan grade. The contract price paid per ton of aggregate base shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work involved in placing, compacting and watering aggregate base as shown on the plans and as specified in these Special Provisions, and no additional compensation will be allowed therefore. 13-18. Asphalt Concrete Asphalt concrete shall be Type B and shall conform to these Special Provisions and the following sections of the Standard Specifications: 39-1 General 39-2 Materials 39-3 Storing, Proportioning and Mixing Materials 39-4.01 Subgrade 39-4.02 Prime Coat and Paint Binder All bituminous binder shall be viscosity grade AR-4000 liquid asphalt except AR-8000 liquid asphalt shall be used when the ambient temperature is over 90 to 95° F. Asphalt shall conform to those applicable parts of Section 92 "Asphalt" of the California Standard Specifications. The mineral aggregate shall be 3/4-inch maximum size for base courses when such work constitutes 100 or more tons, and shall be as specified on the plans for the finish course. Medium gradations shall be used. For base course work less than 100 tons, the aggregate size may be the same as the finish course. Asphalt concrete work required at manholes, water valves, feathering, and other miscellaneous facilities shall be 3/8-inch maximum size. Asphalt concrete shall not be placed until the subgrade has been approved by the Engineer. Unstable subgrade shall not be paved. A prime coat is not required. SS-1 asphaltic emulsion shall be applied to existing pavements, lower courses of new pavements (unless upper course is being applied in the same day and the lower course is clean), and vertical edges of new or existing pavements, prior to paving. If recommended by the manufacturer, the emulsion may be diluted up to 1:1. Immediately before applying the emulsion, the surface shall be cleaned of all dirt and loose material. Asphaltic em ulsion and application shall conform to the applicable parts of Sections 94 "Asphaltic Emulsions" and 39-4.02 "Prime Coat and Paint Binder" of the California Standard Specifications. 13-19. Curbs, Sidewalks and Miscellaneous Concrete Curb, gutter, sidewalk, driveways, alley approaches and any other miscellaneous concrete structures shall be constructed as shown on the plans, and applicable City of Ukiah Standard Plans, and shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the California Standard Specifications and these Special Provisions. a.) Earthwork: Earthwork shall conform to the plans and Section 13-12 of these Special Provisions. The area between the right-of-way line and the back of sidewalk shall be graded to 1/4-inch per foot and sufficient compactive effort and moisture shall be applied to this area to prevent settlement. Voids shall be filled with topsoil, not sand. Water service or other boxes and facilities shall be adjusted to grade. b.) Curb, gutter, and sidewalk: Curb, gutter and sidewalk shall be of monolithic construction. Construction joints shall be edged and shall conform to the proposed scoring pattern. Expansion joint material shall be installed to the full depth of the concrete at locations shown on the plans and as designated by the Engineer. Low Gap to Despina 200/600 Amp Loop Project 29 Spec 15-04 Side inlet catch basin and drop inlet catch basin concrete may be placed against neat excavation of undisturbed earth. Concrete retaining walls shall be formed with plywood and all exposed edges shall be edged. After the back form has been removed, the void shall be backfilled to grade with clean native top soil. c.) Commercial curb, gutter, and sidewalk: Commercial curb, gutter and sidewalk shall be of monolithic construction. Construction joints shall be edged and shall conform to the existing scoring pattern. Curb, gutter and sidewalk shall be constructed per City of Ukiah Standard Plan. The driveway section from the back of walk to two feet past the substation wall must be of the commercial type. The last two feet of driveway inside the substation from the substation wall must slope to match the existing ground grade. The driveway and approach shall be 6” thick with #4 rebar on 6” centers throughout. The driveway, when finished, shall appear equal to existing driveway (i.e. same scoring and joints). d.) Concrete: Portland cement concrete shall be Class "B" conforming to Section 90 "Portland Cement Concrete" of the Standard Specifications with a minimum compressive strength of 2500 psi at 28 days. All concrete used shall be mixed completely in a truck mixer, commonly known in the industry as "transit-mixed concrete". e.) Forms: Forming requirements shall conform to the provisions in Section 73-1.04 "Forms" of the California Standard Specifications. If clean neat lines can be cut, the Contractor may pour against undisturbed earth with prior approval by the Engineer. If any sloughing or caving of material occurs, both front and back forms may be required. Forms shall be true to lines and grades as shown on the plans. Forms previously used shall be thoroughly cleaned before re-use. Before concrete is placed within any form, all inside surfaces of the forms shall be thoroughly coated with an approved oil. All forms shall be free of any foreign material previous to placing concrete. f.) Concrete Reinforcement: Mesh and reinforcing steel shall conform to the provisions in Section 52-1.02 "Materials" of the California Standard Specifications. All reinforcing steel shall be accurately placed as shown on the plans. All reinforcement shall be cleaned of dirt, rust, grease, loose scale and any other substance that may prevent concrete bonding. All reinforcement shall be securely positioned and supported so as to maintain the proper position during placement of concrete. g.) Concrete Placement: Concrete shall not be placed without approval of the Engineer. Placing concrete without notifying the Engineer may be reason for rejection of the work. Prior to placing concrete, the subgrade and inside face of the forms shall be thoroughly wetted as the Engineer may direct. Concrete shall not be deposited when it appears likely that the air temperature may fall below 40 °F during the placing of concrete or within the following 24 hours, unless special approval has been received from the Engineer prior to placing of concrete. Concrete which, in the opinion of the Engineer, has been damaged by freezing shall be removed and replaced. Monolithic curb, gutter and sidewalk or median curb and gutter may be placed with extrusion machinery. The machinery shall be approved by the Engineer prior to use. Low Gap to Despina 200/600 Amp Loop Project 30 Spec 15-04 The Contractor shall install bench mark monuments as shown on the plans. The City of Ukiah will furnish the bench mark monuments without cost to the Contractor. If the plans do not call for sidewalk, side inlet catch basins shall be constructed with a 3-foot by 5-foot section unless otherwise indicated on the plans. h.) Finishing: After steel troweling, the concrete surfaces shall be given a fine hair broom finish. Brooming on sidewalk shall be transverse to the length of curb. All exposed concrete surfaces shall be finished unless otherwise directed by the Engineer. Score marks and weakened plane joints shall be located as shown on the plans and as directed by the Engineer. i.) Cure: Concrete cure shall be accomplished by either the water, pigmented curing compound or waterproof membrane method and shall conform to the provisions in Section 90-7 "Curing Concrete" of the California Standard Specifications. White pigmented curing compound shall not be used on exposed surfaces. j.) Tolerances: Dimensional tolerances for concrete work are listed below. Work done outside of these tolerances will be rejected by the Engineer. Curb, gutter, sidewalk thickness: Up to 1/4-inch below specified thickness. Flow line: Puddles shall not exceed 1/4-inch in depth, 6 inches in width or 10 feet in length. Grinding in excess of 1/2-inch and the use of epoxy fillers are not acceptable. Sidewalk crossfall: Total crossfall on 5-foot sidewalks shall be within 1/2-inch of design. Catch basins: The opening shall be a full 8 inches across the face of the catch basin with the top properly aligned within 3 inches of the base. k.) Payment: Curb and gutter, sidewalk, street sign posts, driveways and mowstrips shall be paid for under the various contract items and shall include full compensation for furnishing all labor, materials, including the cast-iron frames and grates, adjusting facilities within the sidewalk to grade, grading and adjustments at the back of walk, removal of existing facilities, tools and equipment, and for doing all work involved in their construction as shown on the plans and as specified under these Special Provisions, and no additional compensation will be allowed therefore. 13-20. Traffic Stripes and Pavement Markings The Contractor shall install painted traffic stripes as shown on the plans and in accordance with these Special Provisions, and applicable portions of Section 84-1 "General” and Section 84-3 “Traffic Stripes and Pavement Markings" of the California Standard Specifications. a.) Materials: Paint and glass spheres shall conform to the following Caltrans Specifications: Section 84-3.02, "Materials," of the California Standard Specification is amended to read: Paint for traffic stripes and pavement markings shall conform to the following: Morton White #2675A5, Morton Yellow #2676A5 (3427 Resin) or approved equal. Thinning of paint will not be allowed. Glass beads shall conform to State Specification No. 8010-21C-22 Type II. Paint manufacturer shall provide the Engineer with a Certificate of Compliance in accordance with the provisions of Section 6-1.07, "Certificate of Compliance" of the California Standard Specifications. Said certificate shall certify that the paint complies with the specifications and that Low Gap to Despina 200/600 Amp Loop Project 31 Spec 15-04 paint manufactured to the same formulation and process has previously passed State of California testing. b.) Maintaining Traffic: Attention is directed to Sections 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," of the California Standard Specifications and these Special Provisions. All delineators used on the project shall conform to the requirements of the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones. The Contractor will be responsible for the posting of “No Parking” signs for streets as needed to accomplish scheduled work. c.) Paint Traffic Stripes and Pavement Markings: This work shall consist of painting traffic stripes, pavement markings (arrows, legends, symbols, etc.), and applying glass spheres on asphalt concrete pavement at locations shown on the plans or designated by the Engineer in conformance with these Special Provisions. Traffic stripes and pavement markings shall be painted on pavement surfaces by mechanical means with a surface application of glass spheres, except glass spheres shall not be applied to black paint. All additional work necessary to establish satisfactory lines for stripes shall be performed by the Contractor at Contractor's expense, including correction of minor irregularities in the line established by the Engineer and spotting with cat tracks. Cat tracking shall consist of placing spots of paint not more than 3 inches in width and not more than 5 feet apart along the line established by the Engineer. Paint for cat tracks shall be the same as that used for the traffic stripe for which it is placed. Dribble lines shall not be used. Traffic stripes and pavement markings shall be applied only on dry surfaces and during periods of favorable weather. Painting shall not be performed when the atmospheric temperature is below 40oF, or when freshly painted surfaces may become damaged by rain, fog or condensation, or when it can be anticipated that the atmospheric temperature will drop below 40oF during the drying period. Surfaces which are to receive traffic stripes shall be dry and shall be cleaned of all dirt and loose material. Paint may be heated to a maximum temperature of 125oF. Traffic stripes shall be applied in two coats. Glass spheres shall be applied immediately after application of the second coat. The completed pavement marking and stripe shall have clean and well-defined edges and its maximum deviation shall not exceed 1/4-inch in width of one inch in length from the dimensions shown on the plans. Drips, overspray, excessive tracking, or improper markings shall be immediately removed from the pavement surface by blast cleaning or methods approved by the Engineer at the Contractor's expense. Grinding will not be allowed. Paint shall be applied to provide the following minimum thicknesses: Wet Dry 1st coat 0.009” 0.005” 2nd coat 0.015” 0.008” Application of the second coat may be delayed if, in the opinion of the Engineer, bleeding or other discoloration will adversely affect the finished product. Glass spheres shall be applied at a rate of five to six pounds per gallon of paint. d.) Equipment and Operation: All of the equipment used in the application of traffic stripes shall produce stripes of uniform quality that conform to the specified requirements. Low Gap to Despina 200/600 Amp Loop Project 32 Spec 15-04 The striping machine shall be capable of operating at a speed of at least three miles per hour and it shall be thusly operated. Two colors of paint, including glass spheres where required, shall be applied in one pass of the striping machine. Double stripes, consisting of two four-inch wide yellow stripes separated by a three-inch wide commercial quality black traffic paint shall be applied simultaneously. The striping machine shall consist of a rubber-tired vehicle with a wheel base of at least 100 inches and it shall be maneuverable to the extent that straight lines can be followed and normal curves can be made in true arcs. It shall be capable of applying traffic paints at the rate specified above and it shall be equipped with the following: • A point or sighting device not less than five feet long and extending from the front thereof; • A point or sighting device extending from the side of the machine to gauge the distance from centerline for shoulder stripes; • Accurate gauges or dials to indicate the rates at which the paint and spheres are being applied; • Positive acting cutoff device to prevent deposition of paint in gaps of dashed stripes; • Shield or an adjustable air curtain for line control; • Pressure regulators and gauges (if pneumatically operated ) in full view of the operator at all times; • Paint strainer in the paint supply line; • Paint Storage tank with mechanical agitator operating continuously; and • Attached glass sphere dispenser located approximately 18 inches behind, and controlled simultaneously with, the paint applicator nozzle. The glass sphere dispenser shall be equipped with a gauge showing the rate of application of the glass spheres and it shall uniformly distribute the glass spheres upon the traffic paint. Spheres shall be imbedded in the coat of traffic paint to a depth of at least one-half their diameters. Spray equipment shall be of a proper and adequate type for the work and shall include oil and water extractors, pressure regulators, and adequate air volume and compressor recovery capacity. Spray gun tip needle assemblies and orifices shall be of the proper size. Where the traffic stripe is of such a nature, either due to configuration or location, as to render the striping machine unsuitable for use, traffic paint and glass spheres may be applied by other approved methods and equipment. The Engineer will determine if the striping machine is unsuitable for a particular use. Upon completion of the project, the Engineer shall be furnished with the following information: • The number of gallons of black, white and yellow paint used; • Certificate of compliance regarding all materials used; • Pounds of beads used. e.) Measurement: Traffic stripes will be measured by the linear foot along the line of the traffic stripes, including gaps in broken traffic stripes. Double traffic stripes will be measured as one. f.) Payment: The lump sum contract prices for the traffic stripes applied or removed shall include full compensation for furnishing all labor, materials (including paint and glass spheres), mixing paint, tools, equipment, posting “No Parking” as needed, and incidentals, and for doing all the work involved complete in place, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 13-21. Signal, Lighting and Electrical Systems All work shall meet the requirements of Section 86-1.02 “Regulations and Code” of the California Standard Specifications. 13-22. Maintaining Existing Systems The Contractor shall maintain existing signal and lighting systems in accordance with Section 86-1.05 “Maintaining Existing and Temporary Electrical Systems” and these Special Provisions. Low Gap to Despina 200/600 Amp Loop Project 33 Spec 15-04 Traffic signal system shutdowns shall be limited to periods between the hours of 9:00 a.m. and 3:00 p.m. The Contractor shall place “Stop Ahead” and “Stop” sign to direct vehicle and pedestrian traffic through the intersection during traffic signal system shutdown. All signal faces shall be covered when the system is shut down overnight. Temporary “Stop Ahead” and “Stop” signs shall be either covered or removed. “Stop Ahead” and “Stop” signs shall be furnished by the Contractor and shall conform to the provisions in Section 12-3.06, “Construction Area Signs,” of the California Standard Specifications except that the base material for the signs shall not be plywood. One “Stop Ahead” sign and one “Stop” sign shall be placed for each direction of traffic. Location of the signs shall be as directed by the Engineer. Full compensation for furnishing, installing, maintaining and removing temporary “Stop Ahead” and “Stop” signs and for covering signs not in use shall be considered as included in the contract lump sum price paid for the signal item involved and no additional compensation will be allowed therefore. SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. Low Gap to Despina 200/600 Amp Loop Project 34 Spec 15-04 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR LOW GAP TO DESPINA 200/600 Amp Loop Project Specification No. 15-04 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all conduit and accessories; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City 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: Low Gap to Despina 200/600 Amp Loop Project 35 Spec 15-04 BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. In any discrepancy between unit prices and extended amounts for a bid item using unit prices (specified unit price multiplied by specified quantity for bid item does not equal the extended amount for the item), the specified unit price will control and will be used by the City to compare bids in selecting the lowest bid and in awarding the contract. If the specified total bid amount does not equal the total of the extended amounts for all bid items, the City will use the total of the extended amounts for each bid item (adjusted, if necessary, so that the extended amount equals the specified unit price multiplied by the specified quantity for that bid item) to compare bids in selecting the lowest bid. ITEM NO. DESCRIPTION AND UNIT PRICE BID (in words and in figures) MULIT- PLIED BY QUANTITY EQUALS EXTENDED AMOUNT FOR ITEM (in figures) 1 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (18” X 59” STREET TRENCH), for the price per linear foot of ________________________________________ ___________________________($______________) x 815.00 LF = $___________________ 2 EXCAVATE, TRENCH, BACKFILL AND COMPACTION (18” X 59” OFF-STREET TRENCH), for the price per linear foot of ________________________________________ ___________________________($______________) x 1,818.00 LF = $___________________ 3 REMOVE AND REPLACE ASPHALT CONCRETE (18” TRENCH) for the price per square foot of ________________________________________ ___________________________($______________) x 2,040.00 SF = $___________________ 4 4” PVC SCH 40 CONDUIT INCLUDING INSTALLATION, for the price per foot of ________________________________________ ___________________________($______________) x 5,194.00 FT = $___________________ 5 6” PVC SCH 40 CONDUIT INCLUDING INSTALLATION, for the price per foot of ________________________________________ ___________________________($______________) x 204.00 FT = $___________________ 6 SIDEWALK REMOVAL AND REPLACEMENT FOR INSTALLATION OF ELECTRIC CONDUIT, for the price per square foot of ________________________________________ ___________________________($______________) x 36.00 SF $___________________ 7 EXCAVATE, BACKFILL, COMPACTION AND INSTALL TRANSFORMER BOX BAD, for the each price of ___________________________________________ ___________________________($______________) x 1.00 EA = $___________________ Low Gap to Despina 200/600 Amp Loop Project 36 Spec 15-04 ITEM NO. DESCRIPTION AND UNIT PRICE BID (in words and in figures) MULIT- PLIED BY QUANTITY EQUALS EXTENDED AMOUNT FOR ITEM (in figures) 8 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PADMOUNT SWITCH BOX PAD (CITY TO PROVIDE), for the each, price of ___________________________________________ ___________________________($______________) x 3.00 EA = $___________________ 9 EXCAVATE, BACKFILL, COMPACTION AND INSTALL PEDESTAL (CITY TO PROVIDE), for the each, price of ___________________________________________ ___________________________($______________) x 6.00 EA = $___________________ 10 LANDSCAPE REMOVAL AND REPLACEMENT – CEMETARY PROPERTY & 660 CAPPS LN, for the lump sum price of ___________________________________________ ___________________________($______________) x 1.00 LS = LUMP SUM PRICE $__________________ TOTAL BID AMOUNT IN FIGURES Total Bid amount in words: ____________________________________________________________________________________ ______________________________________________________________________________Dollars $______________ 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. Low Gap to Despina 200/600 Amp Loop Project 37 Spec 15-04 Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________SIGN HERE _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Low Gap to Despina 200/600 Amp Loop Project 38 Spec 15-04 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. Low Gap to Despina 200/600 Amp Loop Project ________________________________________________________________ (Signature of Bidder) Business Name and Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) Low Gap to Despina 200/600 Amp Loop Project 39 Spec 15-04 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Name and Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ Low Gap to Despina 200/600 Amp Loop Project 40 Spec 15-04 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and Business Name 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.) Low Gap to Despina 200/600 Amp Loop Project 41 Spec 15-04 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. Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Low Gap to Despina 200/600 Amp Loop Project 42 Spec 15-04 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ Low Gap to Despina 200/600 Amp Loop Project 43 Spec 15-04 SIGNATURE(S) OF BIDDER Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors: License No. ______________________________, License Expiration Date . Signature(s) of Bidder: ______________________________________________ ______________________________________________ ______________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ___________________________________________________ ___________________________________________________ Place of residence: ___________________________________________________ ___________________________________________________ Dated: __________________ Low Gap to Despina 200/600 Amp Loop Project 44 Spec 15-04 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on , 2015 for LOW GAP to DEPINA 200/600 AMP LOOP PROJECT. 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: __________________________________________________________ __________________________________________________________ __________________________________________________________ Low Gap to Despina 200/600 Amp Loop Project 45 Spec 15-04 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing LOW GAP TO DESPINA 200/600 AMP LOOP PROJECT 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 ____. Low Gap to Despina 200/600 Amp Loop Project 46 Spec 15-04 CITY OF UKIAH Mendocino County, California AGREEMENT FOR LOW GAP TO DESPINA 200/600 AMP LOOP PROJECT Specification No. 15-04 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and , hereinafter called the Contractor, WITNESSED: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSED: 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 (as described), 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 obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Low Gap to Despina 200/600 Amp Loop Project 47 Spec 15-04 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that Low Gap to Despina 200/600 Amp Loop Project 48 Spec 15-04 the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre- qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non- compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti- discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. Low Gap to Despina 200/600 Amp Loop Project 49 Spec 15-04 (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 IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH Low Gap to Despina 200/600 Amp Loop Project 50 Spec 15-04 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).Contractor is performing the work in Specification 15-04, LOW GAP to DESPINA 200/600 Amp Loop Project for the City of 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: _______________________________________________ Low Gap to Despina 200/600 Amp Loop Project 51 Spec 15-04 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: _________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) Low Gap to Despina 200/600 Amp Loop Project 52 Spec 15-04 WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal Low Gap to Despina 200/600 Amp Loop Project 53 Spec 15-04 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: ____________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) Low Gap to Despina 200/600 Amp Loop Project 54 Spec 15-04 WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation b y authority of its governing body. ____________________________________________ Affix Corporate Seal Low Gap to Despina 200/600 Amp Loop Project 55 Spec 15-04 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. Low Gap to Despina 200/600 Amp Loop Project 56 Spec 15-04 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated_________________________ for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety Low Gap to Despina 200/600 Amp Loop Project 57 Spec 15-04 DRAF T RE I N F O R C E M E N T L O O P 4/09/2015 SB O Z Z O L I NO N E 00 1 2 SCALE NOT TO # NA M E 1 4 000 20 0 / 6 0 0 A M P RE V I S I O N SC A L E AP P R O V E D B Y DR A W N B Y DATE PROJECT # SHEET of EL E C T R I C D E P A R T M E N T #%1064#%61461(740+5*#0&14+056#.. #NNRTKOCT[VTGPEJKPIDCEMHKNNCPFEQORCEVKQPRGT%KV[URGEKHKECVKQPU #NNEQPFWKV%QPFWKVUJCNNDGCPF28%5EJGFWNG 0'/#6%ÄITC[KPEQNQT #NN FGITGGGNDQYUVQJCXGCOKPKOWO´TCFKWUHQTCPFOKPKOWOTCFKWUHQT 4GOQXGCPFTGRNCEGGZKUVKPIGSWKROGPVUKFGYCNMCPFCURJCNVEQPETGVGCUTGSWKTGFVQKPUVCNN EQPFWKV 2TQXG YKVJFWEVEJGEMGT CPFKPUVCNNRWNNNKPG EQPFWKVRWNNVCRGVQDGCOKPNDUVGPUKNG UVTGPIVJ KPGCEJEQPFWKV 'ZCEVITCFGCPFNQECVKQPHQTRCFOQWPVUYKVEJDQZRCFCPFRGFGUVCN 'ZECXCVKQPDCEMHKNNCPFEQORCEVKQPHQTRCFOQWPVUYKVEJDQZRCFCPFRGFGUVCNKPENWFKPI KPUVCNNCVKQPQH´VQ´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žNH%QPVTCEVQTYKNNKPUVCNN)TQWPF4QF CPF5VTDCTG%QRRGTEQPFWEVQTRGT%7'7&5RGEKHKECVKQPÄÄCPF  %KV[VQRTQXKFG  016'5 C#NNYQTMUJCNNDGKPURGEVGFD[VJG%7'7&HQTRTQRGTKPUVCNNCVKQPRTKQTVQDCEMHKNNQHCP[ GZECXCVKQP;QWOC[ECNNVJG%7'7&CV  Ä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ÄÄ H/CZKOWOFGHNGEVKQPQHCžUGEVKQPQHEQPFWKVUJCNNDG´QTNGUU%QPVTCEVQTUJCNNWUG OCPWHCEVWTGFRTGOCFGDGPFU I6JG%QPVTCEVQTKUTGURQPUKDNGHQTQDVCKPKPICNNPGEGUUCT[RGTOKVURTKQTVQEQOOGPEGOGPVQH CP[YQTMCVVJGUKVGNQECVKQP#6TCHHKE%QPVTQN2NCPOWUVDGUWDOKVVGFCPFCRRTQXGFD[ VJG%KV[QH7MKCJ2WDNKE9QTMU&GRCTVOGPVHQT.QY)CR$WUJCPF&GURKPC#P'PETQCEJOGPV 2GTOKVOWUVCNUQDGQDVCKPGFHTQOVJG%KV[QH7MKCJ2WDNKE9QTMU&GRCTVOGPVRTKQTVQRGTHQTOKPI YQTMKPVJGRWDNKETKIJVQHYC[ J6JG%QPVTCEVQTUJCNNUJQTGCNNVTGPEJGUžKPFGRVJQTITGCVGT5JQTKPIUJCNNDGKPCEEQTFCPEGYKVJ VJG%QPUVTWEVKQP5CHGV[1TFGTUQHVJG&KXKUKQPQH1EEWRCVKQPCN5CHGV[CPF*GCNVJ K6JG%QPVTCEVQTKUTGURQPUKDNGHQTTGRCKTKPIQTTGRNCEKPICNNFCOCIGFCTGCUFWTKPIEQPUVTWEVKQPVQ CURJCNVEQPETGVGEWTDIWVVGTUKFGYCNMNCPFUECRKPIGVECPFTGUVQTKPIVQQTKIKPCNQTDGVVGT EQPFKVKQP L#NNEQPETGVGUJCNNDGUCYEWVCPFTGOQXGFCNQPIGZKUVKPIUEQTGNKPGU M5VCPFCTFKPVGTNQEMKPIEQPFWKVURCEGTUVJCVRTQXKFGCUGRCTCVKQPQH OKP DGVYGGPEQPFWKV UJCNNDGURCEGFž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Ä%1/2#%6+101(%#.64#0556#0&#4&52'%+(+%#6+105 6*'5'2.#05#0&4'37+4'/'0651(6*'%+6;'0)+0''4  #))4')#6'57$$#5'%.#55%10(14/615'%6+10#))4')#6'57$$#5'51(%#.64#05 56#0&#4&52'%+(+%#6+10557$,'%661%+6;'0)+0''4ž5+052'%6+10#0&#22418#.4'75' ':+6+0)574(#%+0)#0&#))4')#6'$#5'%475*#%2#8'/'06(144'75'#54'37+4'&+( ':+56+0)/#6'4+#.+5+057((+%+'06+037#.+6;1437#06+6;75'%.#55#))4')#6'57$$#5'  #))4')#6'$#5'%.#55%10(14/615'%6+10#))4')#6'$#5'51(%#.64#0556#0&#4& 52'%+(+%#6+105  #52*#.6%10%4'6'6;2'$%10(14/615'%6+10#52*#.6%10%4'6'1(%#.64#05 56#0&#4&52'%+(+%#6+105  (1)5'#.%1#6%10(14/615'%6+10$+67/+01755'#.51(%#.64#0556#0&#4& 52'%+(+%#6+105  %10%4'6'%.#55$%10(14/615'%6+102146.#0&%'/'06%10%4'6'1(%#.64#05 56#0&#4&52'%+(+%#6+105  64#((+%564+2'5%10(14/615'%6+1064#((+%564+2'5#0&2#8'/'06/#4-+0)51( %#.64#0556#0&#4&52'%+(+%#6+105  41%-4+24#2%10(14/615'%6+105.12'2416'%6+101(%#.64#0556#0&#4& 52'%+(+%#6+10575'01$#%-+0)5'%6+105+)0#.5#0&.+)*6+0)1(%#.64#05 56#0&#4&52'%+(+%#6+105 LO W G A P T O D E S P I N A RE I N F O R C E M E N T  VFI 9 PMS PAD CEMETARY BO C FO C FE N C L I N E / G A T E 14' 11' (E) PMS 1000Vault 52 (E) FO C Fe n c e Ped 101 P2122DRAF T RE V I S I O N SC A L E AP P R O V E D B Y DR A W N B Y DATE PROJECT # SHEET of EL E C T R I C D E P A R T M E N T 4/09/2015 SB O Z Z O L I NO N E 00 1 2 SCALE NOT TO # NA M E 2 4 000 DE S P I N A / C E M E T E R Y SI D E W A L K DE S P I N A FO C BO W 2.5' Intercept (E) 4" conduit, 6' TO VAULT 52 630' P1327 PED 660 37.5 Vault 52 North Wall 3' To High school Vault 1000 P/L Install Pedestal 101 5' North of PMS 1000 Install Transformer box pad 3' North of Ped 101 Install Padmount Switch Box Pad per City of Ukiah spec # 922 5407 7' Trench 630' from Vault 52 to the new PED 660. Install two 4" conduits. Center of bike lane. PED 660 Intercept 3" conduit, route both ends to P2122 (from Vault 52 extend and Ped 660) 5' P2122 37.5 Intercept 6" conduit from Vault 52, Redirect from Vault 1000 to Ped 101. Cap (E) 6" conduit from Vault 52 Install 1-4" conduit from Vault 52 into Ped 101 Extend existing fence 11' south 1-4" Conduit stub 3' North mark and cap Install 1-4" conduit from Vault 52 to Ped 660 Install 1-4" conduit between Ped 101 and Ped 660 TO PED 660 PMS 1000 Conduit Location To High school Vault 1000 VAULT 52 (E) extend into ped 660 Detail "A" 660 CAPPS SCALE 1" = 4' Detail "B" SCALE 1" = 4' 62 3/4" 27"24" See Detail "A" See Detail "B" WARNING: Verify with Project manager, conductor has been removed and contractor can intercept conduit. To P2136 P S 20 0 / 6 0 0 A M P LO W G A P T O D E S P I N A RE I N F O R C E M E N T Cap CEMETERY 575' Low Gap Rd To P1284 To P1137 5612 5612 5612 775' PLAN VIEW Sand Compacted Class II Base and backfill 60" Bottom of trench depth at pedestal - 60". 52" Bottom of trench depth using 4" conduit 52"" of 5 feet. last 15 to 20 feet to a maximum depth Trench must be increased in depth the Compacted Class II Base Front of pedestal Stub conduit up min. 6" above compacted base, 8-16" behind front of pedestal. Stub conduit up min. 6" above compacted base. Position 8-16" behind front of pedestal. Front of pedestal Compacted Class II Base 2' Ground Level Grade 8" -16" ~24" min. typ. END PROFILE VIEW Compacted Class II Base PEDESTAL DIMENSIONS 2' BELOW GRADE 72" X 43" AT GRADE LEVEL 56" X 30" Per City Standard Drawing No. 220 Typ. DRAF T 4/9/2015 SB O Z Z O L I NO N E # NA M E 3 4 000 LO W G A P RE V I S I O N SC A L E AP P R O V E D B Y DR A W N B Y DATE PROJECT # SHEET of EL E C T R I C D E P A R T M E N T 0 2GF451'2GF Remove Existing Pullbox, Install Ped 591 Extend existing 4" conduit per Primary Pedestal detail below. Install 2- 4" conduits between Ped 591 and Ped 841. 2GF Install Ped 841. 4" conduit to terminate in Ped 841 per Primary Pedestal detail below, then continue to Ped 891(west). Install 1-4" conduit Remove Pullbox, Install Ped 891, Extent existing 4" conduit into Ped 891 per Primary Pedestal detail below. Install padmount switch box pad per City of Ukiah spec # 922 5406 2/5 2GF  ' 8 Install 2-6" conduit and 1-4" conduit Between V-51 and PMS pad 976 Install 1-4" conduit Between PMS 976 and Ped 1001(E) 2' BOW 2' BOW 00 1 2 NOT TO # 8 2GF Intercept existing conduit from P1137 to Vault 50. Install Ped 951 per Primary Pedestal detail below, Terminate in Ped 951. Install 2-4" conduitInstall 2-4" conduit 18' 21' 17' 2/5 2GF ' 8 2.5' BOW 2  &GVCKN%2/5.QECVKQP&GVCKN SCALE (1% $19 5ECNGž2TKOCT[2GFGUVCN&GVCKN Intercept existing 4" conduit from Vault 50 to P1137, extend into Ped 951 Intercept existing 4" conduit from Ped 891 extend into Ped 951 2GF.QECVKQP&GVCKN 5ECNGž Intercept existing conduit from P1137 to Vault 50, extend into Ped 951 Install 1-4" conduit to PMS 976 # # # 5GG&GVCKN%$GNQY 20 0 / 6 0 0 A M P LO W G A P T O D E S P I N A RE I N F O R C E M E N T N B U S H 81.5" 70" 18" TYP. 62 3/4" 27" 25 1/2" 6.0000 11.9721 6.0000 2.966115" 4.0000 6"PRIMARY CONDUIT NATIVE OR IMPORT MATERIAL 90% RELATIVE COMPACTION PAVEMENT THICKNESS SHALL BE THE THICKNESS OF THE EXISTING PAVEMENT PLUS 1" OR 3" TOTAL THICKNESS, WHICHEVER IS GREATER. UNIMPROVED AREAS 30 " P L A N T I N G A R E A IMPROVED AREAS UNPAVED AREAS STREETS UNDER CONSTRUCTION EXISTING PAVING TRENCH BACKFILL (see note 2) CLASS II AGGREGATE BASE UP TO FINISH GRADE PLACE TRENCH BACKFILL PER NOTE 2 TRENCH BACKFILL (see note 2) min. 12" min. 12 " m i n . Cl a s s l l AG G . B A S E min. min. pipe pipe (typ.) PAVEMENT: TYPE B-1/2" MEDIUM ASPHALT CONCRETE VERTICAL SAWCUT; TACK EDGES WITH ASPHALIC EMULSION RS-1 CLASS II AGGREGATE BASE SECTION TO MATCH EXISTING OR 12" MIN. WHICHEVER IS GREATER. 95% RELATIVE COMPACTION. RED SAND BEDDING - (see note 10) UNSTABLE TRENCH PROVIDE DRAIN ROCK FOR 2.9661 6" TRENCH IN STREET TRENCH OUTSIDE STREET RIGHT OF WAY RIGHT OF WAY 30.0000 48.0000 30" NATIVE MATERIAL (see note 6) SEE NOTE 4 SUBGRADE 12.0000 6"6" 18" DIA.DRAF T RE V I S I O N SC A L E AP P R O V E D B Y DR A W N B Y DATE PROJECT # SHEET of EL E C T R I C D E P A R T M E N T BU S H - L O W G A P 4/09/2015 SB O Z Z O L I NO N E # NA M E 4 4 000 00 20 40 SCALE 1" = 20' Install Padmount Switch box pad 504, per City of Ukiah Specification #922 5406(2) AB P1272 37.5 Vault 45 to PMS 504 Install 4-6" conduits per Trench detail Do not trench through pedestrian island 28' 85'Vault 45 Detail West Wall Trench Detail PMS 504 Conduit Location and Bollard Detail Detail "D" PMS 504 12' AB P1272 37.5 Existing Transformer Install 3 Bollards per Bollard detail 2' BOW B O W F O C 1' N of Blacktop PMS 504 See Detail D Blacktop line Removeable 20 0 / 6 0 0 A M P LO W G A P T O D E S P I N A RE I N F O R C E M E N T Attachment 2 RESOLUTION NO. 2015-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONVEYANCE OF EASEMENTS FOR ROADS AND PUBLIC UTILITIES FROM THE NORTH COAST RAILROAD AUTHORITY WHEREAS, 1.The North Coast Railroad Authority (“NCRA”) is preparing property for development in the City of Ukiah, consisting of 10 acres more or less (“NCRA Property”), approximately 4 acres of which NCRA has agreed to sell to the Judicial Council of California (“Judicial Council”) for a courthouse to serve Mendocino County (“the Courthouse Site”); and 2.The NCRA Property is known as 309 E. Perkins Street and 200 Clay Street, Ukiah and is identified as Mendocino County Assessor Parcel Numbers (APN’S): 002-232-12, 13 & 002-282-18, 19, and is more particularly described as follows: All that certain real property situate, lying and being in the City of Ukiah, County of Mendocino, State of California, more particularly described as follows: Parcel One: All that portion as described in the deed to the Cloverdale and Ukiah Railroad Company recorded April 14, 1888 in Book 43 of Deeds, Page 420, Mendocino County Records. Excepting therefrom that portion thereof described as follows: Beginning at the intersection of the Southerly line of Perkins Street, 50 feet wide, with the Southerly prolongation of the Easterly line of land described in Parcel 8 of deed recorded November 16, 1892, Deed Book 57, Page 58, Records of said county; thence Easterly along said Southerly line of Perkins Street, 362 feet to the Northeast comer of land described in said deed recorded in Deed Book 43, Page 420; thence Southerly, along the Easterly line of last said land, 1089 feet to the Southeast comer thereof; thence Westerly, along the Southerly line thereof, to a line distant 225 feet parallel with said Easterly line thereof; thence Northerly, along last said parallel line; 800 feet; thence Northwesterly, in a direct line, 280 feet to the point of beginning. APN: 002-232-13 and 002-282-19 Parcel Two: Beginning at the intersection of the Southerly line of Perkins Street, 50 feet wide, with the Southerly prolongation of the Easterly line of land described in Parcel 8 of deed recorded November 16, 1892, Deed Book 57, Page 58, Records of said county; thence Easterly along said Southerly line of Perkins Street, 362 feet to the Northeast comer of land described in said deed recorded in Deed Book 43, Page 420; thence Southerly, along the Easterly line of last said land, 1089 feet to the Southeast comer thereof; thence Westerly, along the Southerly line thereof, to a line distant 225 feet parallel with said Easterly line thereof; thence Northerly, along last said parallel line; 800 feet; thence Northwesterly, in a direct line, 280 feet to the point of beginning. 1 Attachment 2 APN: 002-232-12 and 002-282-18; and 3.As a condition of the sale of the Courthouse Site to the Judicial Council, NCRA must convey and the City must accept the easements required to provide public street access and public utilities to the Courthouse Site; and 4.The City Council of the City of Ukiah finds that it is in the public interest and the interest of the residents of the City to accept the conveyance of the necessary easements to provide public streets as extensions of Hospital Drive and Clay Street to serve the Courthouse Site and other development on the NCRA Property and to accept easements to provide public utilities to the Courthouse Site and the NCRA Property (collectively, “the Easements”); and 5.George Rau and Associates, licensed California civil engineers, are preparing the easement grant deeds and legal descriptions for the Easements in consultation with the City Engineer and Public Works Director; and 6.The City’s obligation to accept the improved streets into the City maintained street system pursuant to Streets and Highways Code Section 1806 will only arise upon adoption of an additional resolution by the City Council after the streets meeting City standards for public streets have been constructed by NCRA in accordance with plans approved by the City Engineer and inspected and approved by the City Engineer or his designee; NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to accept the conveyance by NCRA of the Easements on behalf of the City of Ukiah as public streets and for the use of public utilities upon all of the following conditions having been satisfied: a.approval by the City Engineer of the terms of the easement grant deeds and approval of the legal descriptions of the Easements incorporated therein; b.the issuance of a title insurance policy assuring the City that NCRA has full, unencumbered legal title to the real property burdened by the Easements; and c.receipt of evidence satisfactory to the City Attorney that the NCRA Board has taken the necessary action to authorize the conveyance of the Easements to the City. PASSED AND ADOPTED on May 6, 2015, by the following Roll Call Vote: AYES: NOES: ABSTAIN: ABSENT: _______________________ Douglas F. Crane, Mayor ATTEST: Kristine Lawler, City Clerk 2