HomeMy WebLinkAbout2015-08-05 PacketPage 1 of 3
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
August 5, 2015
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation: Observatory Park.
4. PETITIONS AND COMMUNICATIONS
5. APPROVAL OF MINUTES
a. Minutes of July 15, 2015, a Regular Meeting.
6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court.
The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90)
the time within which the decision of the City Boards and Agencies may be judicially challenged.
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
a. Adoption of an Ordinance Amending, Section 1001 in Division 1, Chapter 4, Article 1 of the
Ukiah City Code to Reduce the Parks, Recreation and Golf Commission (PRGC) from
Seven Members to Five Members and to Make Them All At-Large Members.
b. Authorize the City Manager to Execute an On-Call Services Contract for Park Planning,
Design and Operation Consultant Services with Gates + Associates.
c. Award of Contract to West Yost Associates for Preparation of the 2015 Urban Water
Management Plan in the Amount of $63,202 and Authorize Corresponding Budget
Authorization for Fiscal Year 2015-2016.
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.
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9. COUNCIL REPORTS
10. CITY MANAGER/CITY CLERK REPORTS
11. PUBLIC HEARINGS (6:15 PM)
a. Consider Approving an Application to Demolish (Remove Over 50% of Exterior Siding
Material) a Structure Over 50 Years Old Located at 204 South Bush Street.
12. UNFINISHED BUSINESS
a. Approval of Amendments to Professional Services Agreements with GHD, Inc. in an Amount
not to Exceed $8,318 for Construction Management and Inspection Services, and in an
Amount not to Exceed $24,967 for Re-Design of Construction Documents, for the
Northwestern Pacific Rail Trail Project Phase 1, Specification No. 14-01, and Approval of
Corresponding Budget Authorization for FY 15/16.
b. Consideration of Request to Utilize Eight Public Parking Spaces for a Tesla Motors Electric
Vehicle Supercharging Station.
c. Update on Progress to Include Food Waste in the Green Waste Stream.
13. NEW BUSINESS
a. Consider Adopting a Resolution Approving the Doolin Creek Restoration and Enhancement
Plan.
b. Adoption of Resolution Appointing Megan Elliott Parker to the Paths, Open Space and
Creeks Commission.
c. Approve Plans and Specifications for the North State Street Sewer Main Improvement
Project, Specification No. 14-04 and Direct Staff to Advertise for Bids.
d. Consideration of Draft Development Fee Deferral Program and Direction Regarding
Implementation.
e. Discussion and Possible Support of Senate Bill SB-350, Clean Energy and Pollution
Reduction Act of 2015. (EUD).
14. CLOSED SESSION – Closed Session may be held at any time during the meeting
a. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Cal. Gov’t Code Section 54956.9(d)(2) Number
of potential cases (1)
b. Conference With Legal Counsel – Existing Litigation (Cal. Gov’t Code Section
54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case
No. SCUK- CVPT -15-66036
c. Conference With Legal Counsel – Existing Litigation (Cal. Gov’t 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
Page 3 of 3
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
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 31st day of July, 2015.
Kristine Lawler, City Clerk
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CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 15, 2015
6:00 p.m.
1.ROLL CALL
Ukiah City Council met at a Regular Meeting on July 15, 2015, having been legally noticed on July
10, 2015. Mayor Crane called the meeting to order at 6:01 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: Sage Sangiacomo, City Manager; David Rapport,
City Attorney; and Kristine Lawler, City Clerk.
MAYOR CRANE PRESIDING.
2.PLEDGE OF ALLEGIANCE
3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
b.Presentation: Wreaths Across America.
Presenters: Kyle Rogers, Kasey Rogers, and Nathan Hayes representing 4H and Wreaths Across
America.
a.Proclamation: Lesbian, Gay, Bisexual, and Transgender (LGBT) Pride Week in the
City of Ukiah.
Presenters: Councilmember Mulheren.
Public Comment: Katherine Fengler and Delynne Rogers.
c.Presentation: Mendocino Community Health Clinic.
Presentation was not received due to presenter not being present.
4.PETITIONS AND COMMUNICATIONS
5.APPROVAL OF MINUTES
a.Minutes of June 30, 2015, a Special Meeting.
b.Minutes of July 1, 2015, a Regular Meeting.
Motion/Second: Doble/Mulheren to approve the minutes of June 30, 2015, a Special Meeting, and
July 1, 2015, a Regular Meeting, as submitted. Motion carried by the following roll call votes:
AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN:
None.
6.RIGHT TO APPEAL DECISION
7.CONSENT CALENDAR
Agenda Item 5a
City Council Minutes for July 15, 2015, Continued: Page 2 of 6
a. Report of Disbursements for the Month of June, 2015 – Finance.
b. Authorize the Mayor to Sign Letters of Support for California Senate Bill 508 Regarding
Transportation Funds for Transit Operators – Administration.
c. Authorize City Manager to Negotiate and Execute Agreements (COU No. 1516-006, COU
No. 1516-007, and COU No. 1516-008) Associated with Tenant Relocation at the 1350
Hastings Road Property And Approve Corresponding Budget Authorization for Fiscal Year
15/16 – Electric Utility.
d. Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. (COU
No. 1314-243) for Quarterly Water Sampling and Completion of Chemical Examination
Reports for the Ukiah Landfill – Public Works.
Motion/Second: Doble/Brown to approve Consent Calendar Items 7a-d, 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
Presenter: Phil Baldwin and James Green.
9. COUNCIL REPORTS
Presenters: Councilmembers Mulheren, Brown, and Doble.
10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager and Jarod Thiele, Project Analyst.
Council Consensus would like the ad hoc (Rate Studies for Electric, Water, Sewer) to review the
preliminary design report for the recycled water when it is 30 percent complete, and for the ad hoc
to determine at that time whether to bring the report to council for review.
11. PUBLIC HEARINGS
12. UNFINISHED BUSINESS
a. Adoption of Resolution Approving the Addendum to the Recycled Water Project Initial
Study/Mitigated Negative Declaration – Public Works.
Presenters: Jarod Thiele, Public Works Project Analyst and Steve Brown, SMB Environmental.
Motion/Second: Doble/Scalmanini to adopt the resolution (2015-26) approving the addendum to
the Recycled Water Project Mitigated Negative Declaration (MND). Motion carried by the following
roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT:
None. ABSTAIN: None.
b. Approve Plans and Specifications for Grace Hudson Museum Grant Projects; Museum
Building Improvements Spec No. 15-08, and Parking and Storm Water Improvements
Spec No. 15-09 – Community Services.
Presenter: Katie Marsolan, Project Analyst.
City Council Minutes for July 15, 2015, Continued: Page 3 of 6
Motion/Second: Mulheren/Doble to approve plans and specifications for Spec No. 15-08 Grace
Hudson Museum Building Improvements, and approve plans and specifications for Spec No. 15-09
Grace Hudson Parking and Storm Water Improvements. Motion carried by the following roll call
votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None.
ABSTAIN: None.
c. Approval of Amendments to Professional Services Agreements with GHD, Inc. in an
Amount not to Exceed $8,318 for Construction Management and Inspection Services,
and in an Amount not to Exceed $24,967 for Re-Design of Construction Documents, for
the Northwestern Pacific Rail Trail Project Phase 1, Specification No. 14-01, and
Approval of Corresponding Budget Authorization for FY 15/16 – Public Works.
Presenter: Rick Seanor, Deputy Director of Public Works.
Motion/Second: Crane/Mulheren to continue this item to the August 5, 2015, meeting to give staff
and the City Attorney time to review the costs, additional scope, and legal ramifications. Motion
carried by the following roll call votes: AYES: Mulheren, Brown, and Crane. NOES: Doble and
Scalmanini. ABSENT: None. ABSTAIN: None.
d. Authorize the Director of Public Works/City Engineer to Execute Change Order No. 2 in
the Amount not to Exceed $130,000 for Construction of the Northwestern Pacific Rail
Trail Project, Phase 1, Specification No. 14-01 and Approval of Corresponding Budget
Authorization for FY 15/16. – Public Works.
Presenter: Rick Seanor, Deputy Director of Public Works.
Motion/Second: Doble/Brown to authorize the Director of Public Works/City Engineer to execute
Change Order No. 2 (COU No. 1415-108-A2) in the amount not to exceed $130,000 for the
Northwestern Pacific Rail Trail Project Phase1, and approve corresponding budget authorization
for FY 15/16. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown,
Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS: 7:50 – 8:00 P.M.
13. NEW BUSINESS
a. Consideration of Request to Utilize Eight Public Parking Spaces for a Tesla Motors
Electric Vehicle Supercharging Station – Community Services.
Presenters: Shannon Riley, Program and Grant Administrator and Mel Grandi, Electric Utility
Director.
Public Comment: Cameron Waldman, Tesla Super Charger Team Regional Project Manager;
Janet Lauren, Mendocino Council of Governments.
Council Consensus directs staff to explore: alternative sites, use of the space to serve universal
charging stations, documentation of user trips, and economic analysis and then bring back to
Council.
i. Discuss and Provide Direction Regarding the Request from Redwood Valley County
Water District to Forgo a Portion of the City of Ukiah’s Contractual Right of Water
with the Russian River Flood Control District to Provide Drought Assistance, and if
Appropriate Authorize the City Manager to Negotiate and Execute Corresponding
Agreements – Public Works.
City Council Minutes for July 15, 2015, Continued: Page 4 of 6
Presenter: Jarod Thiele, Public Works Project Analyst.
Public Comment: Bill Koehler, Redwood Valley Water District General Manager.
Motion/Second: Brown/Mulheren to authorize the City Manager to negotiate and execute an
agreement (COU No. 1516-009) to forgo a portion of the City of Ukiah’s contractual right of water
with the Russian River Flood Control District to provide drought assistance. Motion carried by the
following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None.
ABSENT: None. ABSTAIN: None.
c. Discuss and Consider Allowing the City’s Fire Ad-Hoc Committee to Self-Determine
Noticing and Outreach as Necessary for the Development of Work Product. –
Administration.
Presenters: Sage Sangiacomo, City Manager and John Bartlett, Fire Chief.
Motion/Second: Mulheren/Brown to authorize the City’s Fire Ad-hoc Committee to self-determine
noticing and outreach as necessary for the development of work product. Motion carried by the
following roll call votes: AYES: Mulheren, Doble, and Brown. NOES: Scalmanini and Crane.
ABSENT: None. ABSTAIN: None.
b. Adoption of Resolution Reappointing Eric Crane to the Airport Commission – City
Clerk.
Presenter: Kristine Lawler, City Clerk.
Vice Mayor Scalmanini nominated Eric Crane to the Airport Commission.
Motion/Second: Scalmanini/Doble to approve the nomination and adopt the Resolution (2015-27)
reappointing Eric Crane to the Airport Commission as a City Representative. Motion carried by the
following roll call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None.
ABSENT: None. ABSTAIN: None.
d. Discussion and Direction Regarding the Possible Disposition of Two City-Owned
Parcels at 345 North Main Street and 215 Norton Street – Community Services.
Presenter: Shannon Riley, Program and Grant Administrator.
Motion/Second: Brown/Doble to authorize staff to market and seek proposals from market-rate
developers for the lease or sale of the City-owned properties at 345 North Main Street and 215
Norton Street. Motion carried by the following roll call votes: AYES: Mulheren, Doble, Brown,
Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
e. Discussion and Recommended Introduction By Title Only of an Ordinance
Amending, Section 1001 in Division 1, Chapter 4, Article 1 of the Ukiah City Code to
Reduce the Parks, Recreation and Golf Commission (PRGC) from Seven Members to
Five Members and to Make Them All At-Large Members – Community Services.
Presenters: Maya Simerson, Community Services Supervisor and Martin Bradley, Community
Services Assistant.
Motion/Second: Mulheren/Doble to introduce the ordinance by title only. Motion carried by the
following roll call votes: AYES: Mulheren, Doble, Brown, and Crane. NOES: Scalmanini. ABSENT:
None. ABSTAIN: None.
City Council Minutes for July 15, 2015, Continued: Page 5 of 6
City Clerk, Kristine Lawler, read the title of the Ordinance.
Motion/Second: Doble/Brown to introduce the ordinance amending section 1001 in Division 1,
Chapter 4, Article1 of the Ukiah City Code to reduce the Parks, Recreation and Golf Commission
from seven members to five At-Large members. Motion carried by the following roll call votes:
AYES: Mulheren, Doble, Brown, and Crane. NOES: Scalmanini. ABSENT: None. ABSTAIN: None.
f. Award Contract for Slurry Seal of Local Streets and Airport Parking, Specification
No. 15-07 and Approve Corresponding Budget Authorization for FY 15/16 – Public
Works.
Presenter: Rick Seanor, Deputy Director of Public Works.
Motion/Second: Doble/Brown to award contract (COU No. 1516-010 to Sierra Nevada
Construction, Inc.) for Slurry Seal of Local Streets and Airport Parking, Specification No. 15-07 to
the lowest responsive, responsible bidder based on bids submitted on July 14, 2015 and approve
corresponding budget authorization for FY 15/16. Motion carried by the following roll call votes:
AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN:
None.
g. Discussion and Consideration of Electrical Billing Over/Under Charges – Electric
Utility.
Presenter: Mel Grandi, Electric Utility Director.
Council Consensus directs staff to render a bill, based on the corrected information, not
exceeding three (3) months, unless the cause is determined to be by the customer.
h. Nomination and Possible Adoption of Resolution Appointing Linda Sanders to the
Planning Commission to Fill the Remaining Term of Judy Pruden – City Clerk
Presenter: Kristine Lawler, City Clerk and Vice Mayor Scalmanini.
Vice Mayor Scalmanini nominated Linda Sanders to fill the remaining term of Judy Pruden to the
Planning Commission.
Motion/Second: Scalmanini/Brown to nominate Linda Sanders to the Planning Commission filling
the remaining term of Judy Pruden. Motion carried by the following roll call votes: AYES:
Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None. ABSTAIN: None.
Motion/Second: Doble/Brown to adopt the resolution (2015-28) appointing Linda Sanders to the
Planning Commission filling the remaining term of Judy Pruden. Motion carried by the following roll
call votes: AYES: Mulheren, Doble, Brown, Scalmanini, and Crane. NOES: None. ABSENT: None.
ABSTAIN: None.
14. CLOSED SESSION
a. Conference with Legal Counsel – Pending Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) (1 case)
b. Conference with Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to Cal. Gov’t Code Section 54956.9(d)(2)Number
of potential cases (1)
City Council Minutes for July 15, 2015, Continued: Page 6 of 6
c. Conference With Legal Counsel – Existing Litigation (Cal. Gov’t 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 Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Mendocino County Superior
Court Case No. SCUK-CVC-13-63024
No action was taken on Closed Session items.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 11:27 p.m.
________________________________
Kristine Lawler, City Clerk
CITY OF UKIAH
REQUEST FOR PROPOSAL
PARK PLANNING, DESIGN &
OPERATION CONSULTANT SERVICES
Proposals are due by 5:00 PM
Thursday, May 21, 2015
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Phone (707) 463-6233
FAX (707) 463-6234
May 4, 2015
RFP – Park Planning, Design and Operation
2
CITY OF UKIAH
Request for Proposal for Park Planning, Design and Operation Consultant Services
I. INTRODUCTION
General Information/Background
The City of Ukiah is requesting proposals for park planning, design, and operation
consultant services on an as-needed basis. Proposals from qualified firms with recent
experience in park facility planning and operations are to provide professional services
related to the design and maintenance of various park, open space, and landscape
facilities for the City
Easily accessible from Highway 101, Ukiah is located 110 miles north of San Francisco.
Ukiah has a population of approximately 16,000 and serves over 35,000 residents of the
greater Ukiah area as the county seat of Mendocino County.
The City presently owns or controls approximately 335 acres of parkland, open space and
landscape.
Included in Ukiah’s park inventory are athletic fields, tennis courts, community centers,
play areas, golf course, general landscaped areas, and open space. The City’s park and
leisure facilities vary substantially in terms of size, amenities, and use, and are
highlighted by the 38-acre Riverside Park, the 16 acre Todd Grove Park, and the 10 acre
Ukiah Sports Complex.
An ongoing relationship with a design firm will maximize the City’s capability to
implement quality park improvements, establish/revise maintenance procedures,
eliminate redundancy and duplication in the design firm selection and design processes,
expedite the improvement of Ukiah’s park facilities, and reduce overall project costs.
The scope and schedule for each project will be negotiated on a project by project basis
and compensated at an hourly rate.
Term of Engagement
The City desires to establish a five (5) year contract with the selected vendor with an
option to renew for an additional term of up to an additional five (5) years subject to
mutually agreeable pricing modifications and service performance. Pricing shall be fixed
for the term of the initial contract. All prices to be in U.S. dollars.
II. SCOPE OF WORK TO BE PERFORMED
All services shall be provided in accordance with the City’s standard Professional Services Agreement, a sample of which is included as Attachment A.
May 4, 2015
RFP – Park Planning, Design and Operation
3
Description of Anticipated Services:
As is true in many municipalities, a number of Ukiah’s parks have entered their “middle
age”, and are in need of rehabilitation, improvement, and, at times, reconfiguration. In
addition, the City continues to add parkland, open space and landscape areas to its
inventory to better meet the leisure needs of the community.
The City is constantly working to improve and expand its park and leisure facilities. In
addition to the development of new parklands, there is a strong desire to rehabilitate and
enhance existing park facilities. Typical park improvements will frequently include the
installation/replacement of automatic irrigation systems, landscaping, walkways, security
lighting, play equipment, restrooms, site furnishings, and sports and picnic facilities.
It is expected that this work will be implemented on a project-by-park basis as funds are
appropriated by the City C ouncil and/or awarded through grants and donations.
Community involvement in the park design process is important to the City, as is a desire
to capture Ukiah’s unique heritage and character in its park improvement efforts and
preservation of open space.
In general, the successful firm will be expected to prepare:
1. Schematic and conceptual plans and cost estimates for various park and
landscape improvement, development and expansion projects;
2. Plans, specifications and construction assistance for said improvements; and
3. Feasibility studies, park assessments, and other related work as required.
4. Maintenance and operations assessments and procedures.
The firm selected will be expected to work with designated City representatives, and may
be asked to make presentations before community members, City advisory bodies, and
the Ukiah City Council.
III. QUALIFICATIONS AND SKILLS REQUIRED
A brief description of the qualifications of the firm, and key personnel to be assigned to this
project.
A description of previous experience, with special emphasis on that experience relevant to
municipal park, open space and landscape planning, design, and operations.
A brief statement indicating the firm’s philosophy regarding park, recreation and landscape
facility development, open space management, design experience, client and community
relationships, and program implementation. The firm should be specific as to how it intends
to thoughtfully address the expectations of the City’s requests.
IV. INSURANCE REQUIREMENTS
The insurance requirements are set forth in Attachment B.
May 4, 2015
RFP – Park Planning, Design and Operation
4
V. CITY BUSINESS LICENSE
A City of Ukiah Business License is required for work performed in the City of Ukiah.
For information for how to apply for a license and the fees associated it, please go to the
City’s website at www.cityofukiah.com.
VI. PROPOSAL REQUIREMENTS
Inquiries
Inquiries concerning this request for proposal must be made in writing to:
Mary Horger
Purchasing Supervisor
City of Ukiah
411 West Clay Street, Ukiah, California 95482
P: (707) 463-6233, F: (707) 463-6234
Email: mhorger@cityofukiah.com
Submission of Proposals Six (6) hard copies of the Proposal are required. Proposals that are emailed or faxed will not be accepted. Proposals must be received by 5:00 PM, Thursday, Ma y 21, 2015 to be considered. Proposals received after this date and time will not be considered. Proposals shall be labeled: “Park Planning Consultant”, and addressed to:
Mary Horger, Purchasing Supervisor
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Proposal Format
Proposals must include the following:
1. Title Page
Title page shall show the proposal subject, the vendor’s name, primary contact and
contact information, and the vendor’s Federal Identification Number. 2. Cover Letter The cover letter should briefly state the vendor’s understanding of the work to be performed, the commitment to perform the work and statements as to why the vendor believes it is qualified to perform the engagement. The cover letter should also make a statement that the vendor’s offer is a firm, irrevocable offer for 90 days. The cover letter should indicate that the vendor is an Equal Opportunity Employer. 3. Vendor Qualifications and Experience The proposal should state the size of the vendor, the size of the vendor's technical staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement. If the vendor proposes a joint venture or consortium, the qualifications of each vendor comprising the joint venture or consortium should be separately
May 4, 2015
RFP – Park Planning, Design and Operation
5
identified and the vendor that is to serve as the principal should be noted, if applicable. The range of activities performed by the local office should be described. 4. Partner, Supervisory and Staff Qualifications and Experience Identify the partners, manager and senior staff who will provide services to the City. Include a resume for each individual. Resumes should include all relevant experience, education, certifications, licenses and continuing education of the individuals over the past 5 years.
Engagement partners, managers, other supervisory staff and specialists may be
changed if those personnel leave the vendor, are promoted or are assigned to another
office. These personnel may also be changed for other reasons with the express prior
written permission of the City of Ukiah. However, in either case, the City of Ukiah
retains the right to approve or reject replacements.
Other support personnel may be changed at the discretion of the vendor provided that replacements have substantially the same or better qualifications or experience. 5. Prior Experience with Local Governments Sufficient information should be provided regarding current local governmental and commercial clients, and dates that the client has been served. References for a minimum of five clients should be included. 6. Approach, Scope and Timing of the Engagement
Provide sufficient detail of your vendor’s approach to the City of Ukiah’s
engagement. Describe your vendor’s understanding of the objectives and scope of
the work. Include information on the vendor’s approach, timing, and utilization of
resources.
7. Capabilities in General Consulting and Special Services
Provide information on all other consulting and special services provided by the
vendor.
8. Hourly Rates and Reimbursable Costs
SEPARATELY SEALED RATE SCHEDULE: Hourly Rates of the Firm’s Employees shall be provided IN A SEPARTELY SEALED ENVELOPE for services which may be requested within the scope of the engagement by Classification and Hourly Rate. The vendor shall list specific reimbursable costs.
9. Conflicts of Interest
Vendors submitting a proposal in response to this RFP must disclose any actual,
apparent, direct, indirect, or potential conflicts of interest that may exist with respect
to the vendor, management, or employees of the vendor or other persons relative to
the services to be provided. If a vendor has no conflicts of interest, a statement to that
effect shall be included in the proposal.
10. Exceptions
Identify any exceptions proposed with respect to the Scope of Services. Additionally,
if there are any exceptions to the City’s insurance requirements, the City’s draft
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RFP – Park Planning, Design and Operation
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professional services agreement as shown in the attachments, or background check
requirement, the vendor shall list the exceptions in the proposal.
11. Proprietary Information Vendors submitting a proposal in response to this RFP must provide a statement that nothing contained in the submitted proposal will be proprietary. All proposals shall become the property of the City once submitted. 12. Signatures The proposal shall be signed by an official authorized to bind the vendor and shall expressly state that the proposal is valid for 90 days.
VII. EVALUATION PROCEDURES
Criteria
Qualifications will be evaluated based on the following criteria:
1. The vendor’s experience and qualifications in providing park and open space planning, design, and operation support services for local governments and/or commercial clients. 2. The vendor’s knowledge and expertise related to the requested scope of services. 3. Quality of references from 5 clients that can attest to qualifications and quality of work of the vendor on projects with similar types of services. 4. Vendor’s ability and approach to providing the requested services 5. Demonstration of the understanding of the objectives and scope of the work. 6. Commitment to timeliness in the conduct of the work. 7. Adherence to the instructions in this Request for Proposals on preparing and submitting the proposal.
Upon the request of and at the discretion of the City of Ukiah, proposers may be required
to supply additional information, or to make assigned personnel available for interviews,
or to make additional or supplemental submissions, if deemed necessary by the City.
VIII. RIGHT OF REFUSAL
The City reserves the right in the exercise of their discretion to reject any and all
proposals. Proposals will be considered only in their entirety. The City reserves the right
to negotiate the specific requirements and costs of the work described herein.
COU No. ______________
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this day of , 2008 (“Effective Date”), by
and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
_________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited liability
company, etc] organized and in good standing under the laws of the state of ______________,
hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to
provide these services, and is willing to provide them according to the terms of this
Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as
Attachment "A", describing contract provisions for the project and setting forth the completion
dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant. The written Agreement shall be in the form of an Amendment to
this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required by the
Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services
within ________________ from receipt of the Notice to Proceed. Consultant shall complete
the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant
contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this Agreement,
Consultant shall be compensated on a time and expense basis not to exceed a guaranteed
maximum dollar amount of $-------. Labor charges shall be based upon hourly billing rates for
the various classifications of personnel employed by Consultant to perform the Scope of Work
as set forth in the attached Attachment B, which shall include all indirect costs and expenses
Design – ProfSvcsAgreement-November 20, 2008
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of every kind or nature, except direct expenses. The direct expenses and the fees to be
charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope
of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed
that amount.
4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-
Work of this Agreement, the parties shall agree in writing to any changes in compensation.
"Changes to the Scope-of-Work" means different activities than those described in Attachment
"A" and not additional time to complete those activities than the parties anticipated on the date
they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of
the work of this Agreement shall be approved by City prior to commencement of work. The
cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in
Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of invoice less any amount already paid to Consultant, which
amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall
provide a description of each item of work performed, the time expended to perform each task,
the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall
be accompanied by documentation sufficient to enable City to determine progress made and
the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for
its acts or omissions. Consultant (including its agents, servants, and employees) is not City's
agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent contractor
and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall
have no right to, and shall not control the manner or prescribe the method of accomplishing
those services contracted to and performed by Consultant under this Agreement, and the
general public and all governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been inserted
solely to achieve compliance with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this Agreement shall be interpreted or
construed as creating or establishing the relationship of employer and employee between
Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self -employment
taxes that are due the state and federal government and shall furnish and pay worker's
compensation insurance, unemployment insurance and any other benefits required by law for
himself and his employees, if any. Consultant agrees to indemnify and hold City and its
officers, agents and employees harmless from and against any claims or demands by federal,
state or local government agencies for any such taxes or benefits due but not paid by
Consultant, including the legal costs associated with defending against any audit, claim,
demand or law suit.
Design – ProfSvcsAgreement-November 20, 2008
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Consultant warrants and represents that it is a properly licensed professional or professional
organization with a substantial investment in its business and that it maintains its own offices
and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement. Consultant shall not in the performance of this
Agreement employ a person having such an interest. If the City Manager determines that the
Consultant has a disclosure obligation under the City’s local conflict of interest code, the
Consultant shall file the required disclosure form with the City Clerk within 10 days of being
notified of the City Manager’s determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for the
full period of time allowed by law, surviving the termination of this Agreement insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form
No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed
Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant’s
profession. Architects’ and engineers’ coverage is to be endorsed to include
contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit 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, the general aggregate limit shall apply
separately to the work performed under this Agreement, or the aggregate limit
shall be twice the prescribed per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
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3. Worker's Compensation and Employers Liability: Worker's compensation limits
as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. 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 to the City, its officers, officials,
employees and volunteers; or the Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or
used by the Consultant, or automobiles owned, hired or borrowed by the
Consultant for the full period of time allowed by law, surviving the
termination of this Agreement. The coverage shall contain no special
limitations on the scope-of-protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance as
respects to the City, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the City, its officers,
officials, employees or volunteers shall be in excess of the Consultant's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or
volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from Consultant's
performance of the work, pursuant to this Agreement.
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3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective
date of this Agreement. The policy period shall extend from ------ to ------------.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of
no less than A- for financial strength, AA for long-term credit rating and AMB-1 for
short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates and
Endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The Certificates and Endorsements are to
be on forms provided or approved by the City. All Certificates and Endorsements are
to be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time. If Consultant fails to provide the coverages
required herein, the City shall have the right, but not the obligation, to purchase any or
all of them. In that event, after notice to Consultant that City has paid the premium, the
cost of insurance may be deducted from the compensation otherwise due the
contractor under the terms of this Contract.
G. Subcontractors
Consultant shall include all sub-contractors or sub-consultants as insured under its
policies or shall furnish separate certificates and endorsements for each sub-contractor
or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject
to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination
of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or
pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant
and its agents in the performance of services under this contract, but this indemnity does not
apply to liability for damages for death or bodily injury to persons, injury to property, or other
loss, arising from the sole negligence, willful misconduct or defects in design by the City, or
arising from the active negligence of the City.
“Indemnify,” as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include all
costs associated with defending the claim, including, but not limited to, the fees of attorneys,
investigators, consultants, experts and expert witnesses, and litigation expenses.
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References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Documents and Ownership of Work. All documents furnished to Consultant by City and all
documents or reports and supportive data prepared by Consultant under this Agreement are
owned and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no additional cost
to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents
produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant
shall produce the digital format, using software and media approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States,
the State of California, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be governed by California law and any
action arising under or in connection with this Agreement must be filed in a Court of competent
jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set
forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement of
both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not
assign, transfer, or sub-contract its interest or obligation under all or any portion of this
Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be
a waiver of any other or subsequent breach of the same or any other covenant, term or
condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultant for services provided
under this Agreement; or 3) City has abandoned and does not wish to complete the project for
which Consultant was retained. A party shall notify the other party of any alleged breach of
the Agreement and of the action required to cure the breach. If the breaching party fails to
cure the breach within the time specified in the notice, the contract shall be terminated as of
that time. If terminated for lack of funds or abandonment of the project, the contract shall
terminate on the date notice of termination is given to Consultant. City shall pay the
Consultant only for services performed and expenses incurred as of the effective termination
date. In such event, as a condition to payment, Consultant shall provide to City all finished or
unfinished documents, data, studies, surveys, drawings, maps, models, photographs and
reports prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder,
subject to off-set for any direct or consequential damages City may incur as a result of
Consultant's breach of contract.
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7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be executed
and delivered by facsimile or other electronic transmission, and in more than one counterpart,
each of which shall be deemed an original, and all of which together shall constitute one and
the same instrument. When executed using either alternative, the executed agreement shall
be deemed an original admissible as evidence in any administrative or judicial proceeding to
prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally
delivered or deposited in the mail (certified or registered) addressed to the parties as follows:
CITY OF UKIAH --------------
DEPT. OF_____________ --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
Date
CITY MANAGER
ATTEST
____________________
CITY CLERK Date
Page 1 of 2
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) 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 Consultant(s), his agents, representatives, or employees.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability
Insurance.
D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and
engineers’ coverage is to be endorsed to include contractual liability.
II. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations, as applicable. 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. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis,
insurance coverage must cover claims filed within 3 years after contract work completed.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may
require the insurer to reduce or eliminate such deductibles or self -insured retentions with respect to the
City, its officers, officials, employees and volunteers; or the Consultant to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and
defense expenses; or to approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
A. 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 Consultant 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 Consultant’s insurance, or as a separate owner’s policy.
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B. 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. NOTE: You cannot be added as
an additional insured on a workers’ compensation policy.
C. For any claims related to this project, the Consultant’s insurance coverage shall be primary
insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in
excess of the Consultant’s insurance and shall not contribute with it.
D. 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.
V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than
A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements
are on forms other than the City’s forms, those endorsements must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these
specifications at any time.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 11/20/08
I. RATE SCHEDULE
EFFECTIVE THROUGH JUNE 2020
Hourly Fees for Services of:
Partner
Principal
Senior Associate
Associate
Irrigation Designer
Visual Communications Designer
Administrative/Drafter
Rate Per Hour:
$155.00
$145.00
$100.00
$80.00
$120.00
$115.00
$80.00
I. Hourly Fees
A. The consultant fees are not to exceed the hourly rates above, without prior
City authorization.
B. Other direct expenses at cost which may include:
1. Printing and reproduction costs will be pre-approved for each project. Cost will be
based on in-house cost plus 5%.
2. Mileage will be billed at 50% of the current IRS Standard Mileage Rate, and as yearly
updated.
3. Travel expenses will be billed at 50% of the current U.S. General Services
Administration Per Diem rates for zip code 95482 (www.gsa.gov/portal/
category/100120) and as yearly updated. Consultant hourly rate will not be billed
while traveling.
II. Expenses (Reimbursables)
Progress Billing for services rendered invoiced on monthly basis
DEPARTMENT OF PUBLIC WORKS
REQUEST FOR PROPOSAL
FOR THE PREPARATION OF THE
2015 URBAN WATER MANAGEMENT PLAN
FOR THE CITY OF UKIAH
PROPOSAL DUE 4 PM ON JULY 9, 2015
Attachment 1
1
REQUEST FOR PROPOSAL
FOR THE PREPARATION OF THE
2015 URBAN WATER MANAGEMENT PLAN
FOR THE CITY OF UKIAH
JUNE 11, 2015
I. PROJECT DESCRIPTION
The City of Ukiah seeks to contract for professional consulting services for the preparation of
its 2015 Urban Water Management Plan. This RFP describes the scope of work, proposal
content, selection criteria, and request conditions.
II. SCOPE OF WORK
This section presents a brief description of the scope of work.
A. Urban Water Management Plan Preparation. Prepare a 2015 Urban Water Management
Plan that fulfills the requirements of the California Urban Water Management Planning
(UWMP) Act, including all reasonable changes to the UWMP Act. This shall include a
description of the water system, historical and projected water use, and water supplies. Also
included is an evaluation of the water conservation best management practices and a water
shortage contingency plan.
B. Work Products. Provide a first draft of the 2015 Urban Water Management Plan and three
(3) review copies and a second draft of the 2015 Urban Water Management Plan (unbound
original) and twenty (20) bound copies. After incorporation of review comments, provide one
final 2015 Urban Water Management Plan (unbound original), twenty (20) bound copies, and
a digital version on a compact disk (CD) in both Word and Adobe Acrobat file formats.
C. Public Presentations. Prepare for and attend one public workshop/meeting for presentation
of draft Water Shortage Contingency Plan and draft 2015 Urban Water Management Plan.
Prepare for and attend a miminum of two public presentations at a City Council meeting in
conjunction with adoption of the Water Shortage Contingency Plan and 2015 Urban Water
Management Plan.
D. Plan Submission. Submit the Urban Water Management Plan to the California Department of
Water Resources (DWR) and respond to any review comments.
III. PROPOSAL CONTENT AND REQUIREMENTS
Proposals submitted shall conform to the following format. The maximum number of pages,
including all graphics, shall be limited to 25 pages, not including resumes, standard company
brochures or other attachments. The proposal shall address all the following items and be
presented in the following order:
A. Cover Letter
The cover letter should include a brief overview of the specific approach and procedures the
firm proposes to complete the tasks described in Exhibit “A”, Scope of Services. An
explanation of why the specific plan detailed in the proposal is the best plan for the City
should be included.
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The cover letter must be signed by an official authorized to bind the proposer contractually and
shall contain a statement to the effect the proposal is a firm offer for a minimum period of sixty
(60) days after the submittal date. The letter accompanying the proposal shall also provide the
following: name, title, address, and telephone number of individuals with the authority to
negotiate a contract and bind the Consultant to the terms of the contract.
B. Project Approach
Detailed scope of work suitable for attachment to a contract.
C. Project team
List the key staff to be assigned to the project. A concise statement of qualifications and
experience of each related specifically to this project and the hours that each shall be
committed to this project shall be furnished. Resumes and work experience for each team
member shall be included, along with a list of references with contact names and telephone
numbers of similar projects completed by each team member. Only those personnel to be
involved specifically in this project shall be listed.
Also, include the names, addresses and telephone numbers of any subconsultants. Describe
the qualifications and experience of any proposed subconsultants and identify the tasks or
sub-tasks to be assigned to them along with the expected hours (or contract percentage) they
shall participate in the project.
D. Schedule and Estimated Budget
The Consultant shall provide a bar chart schedule for the proposed work showing the
interrelationship of the various discreet tasks. These tasks are to be those identified in Exhibit
“A”, Scope of Services.
The final agreement with the Consultant shall include a schedule for completion of the major
milestones based upon selected consultant's schedule. The City's review periods shall not be
counted against the time of completion for the various tasks or milestones.
The Consultant shall propose an estimated fee based on an hourly rate schedule with a "not to
exceed" maximum cost for all work identified in Exhibit “A”, Scope of Services. Labor hour
projections for all personnel categories shall be provided for each discreet task. A copy of the
Consultant’s current itemized hourly rate fee schedule for all personnel categories shall be
submitted.
The Consultant shall provide a breakdown of the estimated fee by task and separate out any
costs associated with the proposed services. Include budgets for any mileage, travel time,
reproduction, photographs, etc., which are not associated with strict hourly rates. Fees shall
include all markup, overhead, and profit for each task of the project. Estimated subconsultant
fees and expenses shall also be individually identified.
The Consultant shall submit the estimated fee in a separate, sealed envelope with the name of
the firm and project name clearly noted on the front of the envelope. The request for
submission of estimated fees to complete all tasks of the project is for use by the City in
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determining whether the Consultant has a proper understanding of the project scope and has
adequately staffed the project to insure its timely and proper completion.
The final agreement shall include a payment schedule including the following provisions:
1. Payment shall be on a time and materials basis in accordance with the consultant's attached
fee schedule and payments shall be made monthly as the work progresses. The total
payment for completion of all the tasks included in the agreement shall not exceed the
agreed upon "not to exceed" amount.
2. The total amount paid during the course of the work shall not exceed certain set
percentages of the total "not to exceed" amount. Part of the completion of associated major
milestones or tasks (set percentage of the total payment) shall be determined from the
consultant's submitted fee schedule or negotiated before the final agreement.
E. Related Experience
Consultant shall provide a statement of relevant experience of the project team members and
firm in developing urban water management plans meeting DWR requirements. Describe the
DWR acceptance status of the firm’s previous Urban Water Management Plans. Project
descriptions shall include sufficient information to verify comparability with this project and
shall also include the name of a contact person, address and telephone number of references
who may be contacted to verify the Consultant’s previous performance. Include client
references for any proposed subconsultants.
F. Exceptions
The Consultant shall identify any exceptions proposed with respect to Exhibit “B”, Scope of
Services, the City's insurance requirements and/or the City's contract provisions.
IV. SELECTION CRITERIA
A. Proposal Review
Written proposals submitted by the deadline shall be reviewed to determine if the proposal
requirements contained in Section III have been met. Failure to meet the requirements for the
Request for Proposals shall be cause for rejection of the proposal.
The City may reject any proposal if it is conditional, incomplete, or contains irregularities.
The City may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation
shall in no way modify the Request for Proposals documents or excuse the proposer from full
compliance with the contract requirements if the proposer is awarded the contract.
B. Proposal Evaluation
The Consultant shall be selected based upon favorable evaluation of written proposals and
supplemented, if required, by presentations during formal interviews scheduled by the City.
The City reserves the right to select a consultant after review of the written proposals or after
completion of interviews.
The City shall evaluate proposals using a number of factors, as described below:
1. Fulfillment of the requirements as stated in this RFP.
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2. Technical Approach
Thoroughness of Consultant’s scope of work and depth of understanding of DWR
requirements for Urban Water Management Plans shall be carefully assessed.
3. Project Personnel Experience
The direct experience of the project manager and key support personnel shall be considered
closely in the evaluation of the Consultant.
4. Past Performance on Similar Projects
The Consultant’s performance on similar projects relating particularly to the quality of
work, promptness of performance, cost control, cooperativeness with the owner’s staff and
regulatory agencies and DWR acceptance of the Consultant’s previous Urban Water
Management Plans is important.
5. Current Workload of Consultant
Of particular interest to the City is the consulting firm’s capability to staff this project
adequately to meet scheduling requirements. Adequacy of the consultant’s technical
resources, including staff and office facilities and sufficiency of technical and clerical
support staff to properly complete the project is important.
6. Suitability of Project Schedule
Information furnished on the proposed work plan, organizational chart and labor-hour
projections shall be closely considered to establish whether the consultant is capable of
completing the work with available staff in a timely manner.
7. Cost
The City shall consider cost as part of the evaluation criteria. Low cost is not essential to
win; however, large cost differentials between respondents shall be carefully examined.
Cost shall be used as a final indicator for determining the finalist when all other criteria
have been normalized.
8. Conciseness
Consultants are encouraged to limit their information to that directly pertinent to the
completion of the project. Promotional or other unsolicited materials shall not be
submitted. Elaborate proposals with company brochures, non-related project pictures, etc.,
are discouraged. The proposal is limited to 25 pages, excluding resumes and other similar
material which may be placed in the Appendix.
VI. RIGHT OF REFUSAL
The City reserves the right to reject any and all proposals without qualifications. Proposals shall
be considered only in their entirety. The City reserves the right to negotiate the specific
requirements and costs using the selective proposals as a basis.
VII. INSURANCE REQUIREMENTS
5
The insurance requirements are set forth in the City’s Standard Consultant Services Agreement
and General Provisions as attached on Exhibit “B”.
VIII. PROPOSAL SUBMISSION REQUIREMENTS
Proposals are due on or before 4 PM PDT on Thursday, July 9, 2015, at the following address:
Mr. Jarod Thiele, Project Analyst
Department of Public Works
City of Ukiah
300 Seminary Ave
Ukiah, California 95482-5400
Proposers shall submit five (5) copies of the proposal. All proposals shall be in accordance with
the instructions for preparing proposals as set forth herein.
All shipping containers for the proposals shall be clearly marked on the outside as follows:
[INSERT NAME OF PROPOSER] Proposal to the City of Ukiah for the
Preparation of a 2015 Urban Water Management Plan
The delivery of the proposals to the City of Ukiah on the above date and prior to the specified time
is solely the responsibility of the proposer. The City shall not be responsible for delays caused by
the U.S. Postal Service or any private delivery service. Proposals delivered after the specified time
shall not be accepted and shall be returned unopened to the submitting proposer with the notation,
“This proposal was received after the delivery time designated for the receipt and opening of the
proposals”. No faxed responses shall be accepted.
IX. OTHER PROCUREMENT TERMS AND CONDITIONS
A. Period of Validity/Binding Offers
All priced proposals shall be deemed to remain valid for a minimum period of sixty (60)
days after their submittal date. No priced proposal may be modified or withdrawn by any
qualified respondent within such sixty (60) day period without the prior written consent
of the City.
B. Interpretations and Addenda
No interpretation, explanation or clarification of this RFP, including without limitation,
the Appendices hereto, by any official, employee, consultant, attorney or other
representative of the City shall be considered authoritative or binding on the City unless
contained in a written addenda to this RFP. The City shall not be bound by any
information, explanation, clarification or any interpretation, oral or written, by whoever
made that is not incorporated into a written addendum to this RFP. All addenda shall be
distributed to each interested firm or qualified respondent (as applicable). All such
addenda shall become part of this RFP and all interested parties or qualified Respondents
(as applicable) shall be bound by such addenda.
C. Prohibited Contacts
6
All Respondents, including persons affiliated with, or in any way related to them, are
prohibited from contacting the City, the City’s employees, consultants or attorneys, on
any matter relating to this RFP other than as contemplated herein. Failure of any
Respondent to adhere to this prohibition may, at the sole discretion of the City, result in
disqualification and rejection of any proposal. Any and all contacts with such persons
associated with the City shall be made only through and in coordination with:
Mr. Jarod Thiele, Program Analyst
Department of Public Works
City of Ukiah
300 Seminary Ave
Ukiah, California 95482-5400
(707) 463-6755
(707) 463-6204 (fax)
email address: jthiele@cityofukiah.com
D. Expense of Proposal Preparation
The City accepts no liability under any circumstances for any costs or expenses incurred
by respondents in acquiring, clarifying, or responding to any condition, request or
standard contained in this RFP, any addenda, or any revised RFP, including without
limitation, meetings. Each respondent that participates in this procurement process does
so at its own expense and risk and agrees that the City shall not reimburse any costs
incurred during this process, and each respondent shall indemnify and hold harmless the
City from and against any claims (including any costs and attorney’s fees) for such
reimbursement, directly or indirectly, made by or on behalf of such respondent.
E. Rights of the City
This RFP constitutes an invitation to submit a proposal to the City. This RFP does not
obligate the City to procure or contract for the scope of services set forth in this RFP.
Without limitation, the City, including its agents and designated representatives, reserves
and holds at its sole discretion, the following rights and options:
1. To waive any minor informalities in a proposal;
2. To prepare and issue modifications and/or addenda to the RFP prior to the receipt of a
proposal that may expand, restrict, or cancel any portion or all work described in this
RFP;
3. To receive questions from respondents and to provide such answers as it deems
appropriate;
4. To reject any and all proposals and other submittals;
5. To change the date for receipt of proposals or any deadlines and dates specified in this
RFP and other submittals;
6. To conduct investigations with respect to the information provided by each respondent
and to request additional information to support such respondents responses and
submittals;
7. To seek clarification of proposals and other submittals from such respondents;
7
8. To select the respondent that in the sole judgement of the RFP evaluation committee
has the most advantageous proposal, from a responsible and responsive standpoint
taking into consideration price and the evaluation criteria set forth in this RFP; and
9. To cancel this RFP with or without the substitution of another RFP.
F. Schedule
The tentative schedule of activities related to this RFP is as follows:
Activity Date
RFP Mail-out ……………………………………… June 11, 2015
Deadline for Submission of Questions ……………. June 25, 2015
Proposal Submittal Deadline ……………………… July 9, 2015
Evaluation Of Proposals …………………………... July 16, 2015
Consultant Selection Recommendation …………… July 21, 2015
Consultant Award …………………………………. August 5, 2015
Project Starting Date ………………………………. August 17, 2015
Project Completion Date………………………….... February 19, 2016
G. Property Rights
Proposals received within the prescribed deadline become the property of the City of
Ukiah and all rights to the contents therein become those of the City.
H. Public Domain
All products used or developed in the execution of any contract resulting from this RFP
shall remain the public domain at the completion of the contract.
I. Cancel Solicitation and Rejection of Any and All Proposals
The City reserves the right to cancel this solicitation and to reject, in whole or in part, any
and all proposals and is not bound to accept any proposals if any proposals are deemed by
the City, in its sole judgement, to not be in the best interest of the City. The City reserves
the right to take any action with regard to this RFP and the facilities and services which
are the subject of this RFP that it considers, in its sole judgement, to be in its best interest.
J. Outstanding Claims and Disputes
The City reserves the right to reject proposals from any respondent if such respondent, or
any firm comprising such respondent, or any of its affiliates, or any of their respective
officers, parents or subsidiaries, is the subject of, or is party to, any outstanding claim or
financial dispute relating to contract performance with the City.
EXHIBIT “A”
SCOPE OF WORK
8
This scope of work consists of preparing a 2015 Urban Water Management Plan for the City of
Ukiah (City). The objective for the urban water management plan is to fulfill the requirements of
the California Urban Water Management Planning Act. This plan should be consistent with the
2015 Urban Water Management Plan Guidebook from the Department of Water Resources.
The scope of work tasks shall provide a plan that is in conformance with the Urban Water
Management Plan Checklists and Worksheets provided by the California Department of Water
Resources.
Task 1. Detailed Water Management Plan Outline
Before starting the detailed preparation of the urban water management plan, a detailed outline
shall be prepared for review with City staff. The goal is to reach a consensus regarding the
detailed outline, structure, and content of the plan.
Task 2. Data Collection and Review
Pertinent information needed to prepare the urban water management plan shall be collected
and reviewed. A written data request shall be submitted to the City. The data and the prior
plan shall be reviewed to allow the team to become acquainted with the service area, existing
sources of supply, transmission and distribution facilities, existing system operations, historical
demands, potential sources of supply, and any other information as required to prepare the
urban water management plan.
Task 3. Description of Water System (Supplier Service Area)
The characteristics of the water system including geographic location, demographic
information, customer description, climate, system facilities, and sources of supply shall be
described. The Consultant shall utilize as much as possible the information in the last plan
prepared for the City. The following subtasks describe the work for this task.
Task 3.1–Prepare Service Area Map
A color map for inclusion in the plan as a report figure depicting the service area and
principal features of the water system shall be prepared.
Task 3.2–Describe Existing Water Systems
A description of the climate, geography, and characteristics of the water system shall be
presented. The physical characteristics of the water system, including significant supply
and distribution facilities, shall be described.
Task 3.3–Describe Existing and Future Land Use and Population
Existing and future population, dwelling units, and employment shall be quantified using
available census data and other information sources. The number of existing customers
broken down by customer category shall be presented.
Task 4. Agency Coordination
The Consultant shall coordinate preparation of the plan with appropriate agencies, including
other water suppliers, water management agencies, and relevant public agencies.
9
Task 5. Water Use
Past and current water use shall be quantified and projected in 5-year increments to 25 years,
identifying the uses among water use sectors. The following subtasks describe the work for this
task.
Task 5.1–Describe Existing Water Use Characteristics
Existing and historical water use shall be defined in terms of annual demand and by user
class. Unit water demands (gallons/capita/day) for each major user class (residential,
commercial, industrial, public), and indoor and outdoor water use shall be presented.
Task 5.2–Develop Future Water Requirements
Future water requirements shall be expressed for each 5-year increment to 25 years and for
build out conditions.
Task 6. Water Supplies
The existing and planned sources of water available to the City in 5-year increments to 25 years
or as far as data are available shall be identified and quantified. These sources include local
water supplies (groundwater, surface water, recycled water, other), imported water supplies
(local and regional water wholesalers and interconnections with neighboring systems), and
potential water supplies from any other source. The potential for water supplies from
desalination shall be defined. The groundwater supplies shall be also defined.
Task 6.1–Transfer or Exchange Opportunities
Opportunities for exchanges or transfers of water on a short-term or long-term basis for
each water system shall be described.
Task 6.2–Inconsistent Water Source
For any water source that may not be available at a consistent level of use, given specific
legal, environmental, water quality or climatic factors, plans to replace that source with
alternative sources or water demand management measures to the extent practicable shall be
described. The factors that make a water source inconsistent shall be explained. Actions to
remove factors that prevent a consistent water supply and/or possible water supplies that
could replace inconsistent supplies shall be described.
Task 6.3–Three-Year Minimum Water Supply
An estimate of the minimum water supply available during a 3-year dry period shall be
provided.
Task 6.4–Water Supply Reliability
The reliability and vulnerability of the water supply to seasonal or climatic shortage shall be
described.
Task 6.5–Water Supply Reliability Comparison
Water supply reliability data shall be presented for an average water year, a single dry water
year, and multiple dry water years, based on historical water supply data.
Task 7. Recycled Water Potential
10
The plan shall include a description of the wastewater collection and treatment systems in the
service area and the potential for use of recycled water. This task shall be coordinated with the
Recycled Water Master Plan. This plan is currently being drafted.
Task 7.1–Wastewater Generation, Collection, and Treatment
The plan shall provide quantification of the current and projected future amounts of
wastewater collected and treated in the service area.
Task 7.2–Wastewater Disposal and Recycled Water Uses
Recycled water and its potential for use as a water source in the service area shall be
addressed. The plan shall describe methods of wastewater disposal in the service area. The
plan shall also include a description of the recycled water currently being used in the service
area, including the type, place, and quantity of use. Potential uses of recycled water shall be
identified and quantified. The technical and economic feasibility of serving those uses shall
be determined based on information available from the local wastewater agency. The use of
recycled water within the service area shall be projected for 5, 10, 15 and 25 years.
The work under this task shall be based on information and evaluations available from the
local wastewater agencies.
Task 8. Water Supply and Demand Comparison
The total water supply shall be compared to total projected water use. This water supply and
demand comparison shall compare the total water supply sources available with the total
projected water use over the next 25 years, in 5-year increments, for a normal water year, a
single dry water year, and multiple dry water years.
Task 9. Evaluation of Water Conservation Best Management Practices
This task consists of presenting an economic evaluation of water conservation best management
practices (BMPs). An economic evaluation shall be conducted only for those BMPs not
proposed for implementation. The following subtasks describe the work for this task.
Task 9.1–Summarize Water Management Accomplishments
The Consultant shall summarize the water management activities conducted in the system.
Task 9.2–Define Water Management Programs
Current and recent water management programs implemented by the City shall be
documented based on information provided by the City.
Task 9.3–Develop Cost Estimates
Cost estimates for each of the water management programs to be evaluated shall be
prepared. Costs shall be expressed as capital, operations and maintenance, present worth,
and cost per acre-foot of supplied water.
Task 9.4–Estimate Water Savings
Water savings from each of the BMPs to be evaluated shall be estimated. Data sources
shall include the estimates of reliable water savings for BMPs including the Memorandum
of Understanding Regarding Urban Water Conservation in California (MOU) and data
prepared by others.
Task 9.5–Prepare Economic Analysis
An economic analysis of conservation measures not proposed for implementation shall be
prepared for the water system. The costs of the water management program shall be
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summarized. Dollar savings from reduced water demand shall be quantified. A benefit/cost
analysis shall be prepared. A summary of the benefit/cost ratio of each water management
program alternative shall be provided. Water management programs shall be recommended
for implementation.
Task 9.6–Summary of Water Management Programs Considered But Not
Recommended
The Consultant shall describe programs that were considered but not recommended. The
reasons why these programs were not recommended shall be discussed.
Task 10. The Adopted Water Shortage Contingency Plan Shall Be Reviewed
An urban water shortage contingency plan shall be reviewed. The Consultant shall identify and
evaluate actions to be undertaken to prepare for and implement during a catastrophic interruption
of water supplies, including a regional power outage, an earthquake, or other disaster.
The water shortage contingency analysis shall include actions in response to water supply
shortages including up to a 50-percent reduction in water supply. Stages of action to be
undertaken by the City shall be described, including a description of water supply conditions for
each stage.
The adopted water shortage contingency plan shall be reviewed and minor revisions shall be made
as necessary.
Task 11. Plan Preparation
Task 11.1–Draft Plan
A draft plan shall be prepared for the water system incorporating the results of the above tasks.
The Consultant shall submit first and second draft plans. Five copies of the first draft plan and
twenty copies of the second draft plan shall be submitted to the City.
Task 11.2–Final Plan Document
Based on the results of the public hearing, the final plan shall be prepared. Twenty copies of
the final plan shall be submitted, as well as one electronic copy.
Task 12. Meetings
The Consultant shall attend up to a minimum of two meetings with City staff to review work
progress and present results.
Task 13. Public Participation
As required by the Urban Water Management Planning Act and subsequent amendments, a public
hearing regarding the water management plan must be conducted. The Consultant shall prepare
for and attend one public workshop/meeting for presentation of draft Water Shortage Contingency
Plan and draft 2015 Urban Water Management Plan. The Consultant shall prepare for and attend
a minimum of two public presentations at a City Council meeting in conjunction with adoption of
the Water Shortage Contingency Plan and 2015 Urban Water Management Plan. The City shall
be responsible for posting public notification for all hearings.
Page 1 of 2
Exhibit “B”
INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant(s) 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 w ork
hereunder by the Consultant(s), his agents, representatives, or employees.
I. Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and
Commercial General Liability – Completed Operations Form No. CG 20 37 10 01).
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Workers’ Compensation insurance as required by the State of Califor nia and Employer’s Liability
Insurance.
D. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and
engineers’ coverage is to be endorsed to include contractual liability.
II. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage
including operations, products and completed operations, as applicable. 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. Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Insurance must
be written on an occurrence basis.
C. Workman’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
D. Errors and Omissions liability: $1,000,000 per occurrence. If written on a claims-made basis,
insurance coverage must cover claims filed within 3 years after contract work completed.
III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may
require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the
City, its officers, officials, employees and volunteers; or the Consultant to provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and
defense expenses; or to approve the deductible without a guarantee.
IV. REQUIRED Insurance Provisions
Proof of general liability and automobile liability policies are to contain, or be endorsed to
contain, the following provisions:
A. 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 Consultant 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 Consultant’s insurance, or as a separate owner’s policy.
Page 2 of 2
B. 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. NOTE: You cannot be added as
an additional insured on a workers’ compensation policy.
C. For any claims related to this project, the Consultant’s insurance coverage shall be primary
insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in
excess of the Consultant’s insurance and shall not contribute with it.
D. 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.
V. RATING - Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than
A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage
required by this clause. The endorsements should be on forms provided by the City. If endorsements
are on forms other than the City’s forms, those endorsements must provide coverage that is equivalent to or
better than the forms requested by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to re quire complete, certified
copies of all required insurance policies, including endorsements affecting the coverage required by these
specifications at any time.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707) 463-6287 or FAX (707) 463-6204
Revised: 11/20/08
COU No. ______________
Std --- ProfSvcsAgreement- November 20, 2008
PAGE 1 OF 7
AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2008 (“Effective
Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
_________________, a _____________ [sole proprietorship, corporation, partnership, limited partnership, limited
liability company, etc.] organized and in good standing under the laws of the state of
______________, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to ________________________________.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services within ________________ from receipt of the Notice to Proceed.
Consultant shall complete the work to the City's reasonable satisfaction, even if contract
disputes arise or Consultant contends it is entitled to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $-------. Labor charges shall be based
upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment B,
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Std --- ProfSvcsAgreement- November 20, 2008
PAGE 2 OF 7
which shall include all indirect costs and expenses of every kind or nature, except direct
expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
COU No. ______________
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PAGE 3 OF 7
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City’s
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager’s determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage –
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant’s
profession. Architects’ and engineers’ coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit 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, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
COU No. ______________
Std --- ProfSvcsAgreement- November 20, 2008
PAGE 4 OF 7
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of Calif ornia and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. 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 to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
COU No. ______________
Std --- ProfSvcsAgreement- November 20, 2008
PAGE 5 OF 7
3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from ------
to ------------.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, surviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability that
arises out of, or pertains to, or relates to any negligent act or omission or the willful
misconduct of Consultant in the performance of services under this contract by
Consultant, but this indemnity does not apply to liability for damages for death or bodily
injury to persons, injury to property, or other loss, arising from the sole negligence, willful
misconduct or defects in design by the City, or arising from the active negligence of the
City.
COU No. ______________
Std --- ProfSvcsAgreement- November 20, 2008
PAGE 6 OF 7
“Indemnify,” as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include
all costs associated with defending the claim, including, but not limited to, the fees of
attorneys, investigators, consultants, experts and expert witnesses, and litigation
expenses.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
COU No. ______________
Std --- ProfSvcsAgreement- November 20, 2008
PAGE 7 OF 7
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH --------------
DEPT. OF_____________ --------------
300 SEMINARY AVENUE --------------
UKIAH, CALIFORNIA 95482-5400
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
Date
CITY MANAGER
ATTEST
____________________
CITY CLERK Date
At
t
a
c
h
m
e
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ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE DOOLIN
CREEK RESTORATION AND ENHANCEMENT PLAN
WHEREAS, the 1995 General Plan calls for the creation of Stream and Creek Restoration
Master Plans for each creek flowing through the City limits; and
WHEREAS, The City commissioned a restoration and enhancement plan for Doolin Creek
and the Paths, Open Space and Creeks Commission, with the assistance of community partners
has completed the Plan; and
WHEREAS, the purpose of the Plan is to create a vision for the long-term preservation of
the healthy portions of the creek, restoration and enhancement of degraded areas, and
reestablishing part of the creek as a place for human use and appreciation; and
WHEREAS, Doolin Creek Restoration and Enhancement Plan includes: 1) an assessment of
the existing conditions on Doolin Creek as it flows through the City limits; 2) creek enhancement and
public access opportunities; 3) a case study of the Santa Rosa Creek Stewardship Program; 4) a
description of potential project areas along the creek; 5) recommended strategies for enhancement;
6) estimated costs for possible improvements; and 7) a listing of potential funding sources; and
WHEREAS, the Plan identifies potential project areas along Doolin Creek including 1) South
of Talmage Road; 2) North of Talmage Road; and 3) Mulberry Street; and
WHEREAS, the draft document was distributed for review and comment to all participating
and interested groups, organizations, citizens, and property owners adjacent to the potential project
areas; and
WHEREAS, The Paths, Open Space and Creeks Commission worked with staff, interested
groups and citizens, modified language, added language, and prepared a final draft version of the
document; and
WHEREAS, The Ukiah City Council has reviewed and discussed the proposed Doolin Creek
Restoration and Enhancement Plan.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as
follows:
1. The Doolin Creek Restoration and Enhancement Plan is consistent with the goals and
policies of the Ukiah General Plan because if fulfills Goal OC-9: Conserve and enhance
channels for creeks and waters flowing through the Planning Area; and Policy OC-9.1:
Establish a Stream and Creek Restoration Master Plan for each creek flowing through the
City limits.
2. The purpose of the Doolin Creek Restoration and Enhancement Plan is to create a vision for
the long-term preservation of the healthy portions of the creek, restoration and enhancement
of degraded areas, and reestablishing part of the creek as a place for human use and
appreciation.
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3. The Doolin Creek Restoration and Enhancement Plan represents a strategy for contributing
to the enhancement of the quality of life in the City of Ukiah.
4. The California Environmental Quality Act does not apply to the project because pursuant to
CEQA Guidelines Section 15306, Class 6, (Information Collection) because it’s a data
collection and a resource evaluation activity that would not result in a serious or major
disturbance to the environment. In addition, it can be seen with certainty that there is no
possibility that the activity resulting from the document will not have a significant effect on
the environment. This conclusion is reached because the purpose of the document is to
ensure the maintenance, restoration, enhancement and protection of Doolin Creek.
PASSED AND ADOPTED this 5th day of August 2015, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Douglas F. Crane, Mayor
ATTEST:
Kristine Lawler, City Clerk
1
Doolin Creek
A Vision for
Restoration and Enhancement
July 14, 2015
Attachment 2
2
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3
Doolin Creek
A Vision for Restoration and Enhancement
Acknowledgements
The effort to create a vision for the restoration and enhancement of Doolin Creek was a collaborative effort
by many individuals and groups over a twelve-year time span. The effort began in 2002 when the City
contracted with the RRM Design Group, but the project was never completed. In late 2012, intere sted
citizens and City staff brought the incomplete document to the attention of the Paths, Open Space, and
Creeks Commission. Although over a decade had passed since it was initially drafted, the Commission
decided that the ideas for restoring and enhanc ing the creek were worth revisiting. However, more work
needed to be done to finish the document. The Commission, with the help of community partners,
embarked on a project to revise and complete the Vision document and present it to the Ukiah City Counc il.
Prepared by:
City of Ukiah Paths, Open Space, and Creeks Commission
Deborah Edelman
David Grim
Beth Lang
Amanda Samana
Christopher Watt
Charley Stump, Director of Planning and Community Development
Rick Seanor, Deputy Director of Public Works
AO Consulting
Aram Ovsepian
RRM Design Group
With special thanks to the following community partners:
Robert Neale, Susan Knopf, Linda Sanders, and Joseph Scriven
4
Table of Contents
PURPOSE ..................................................................................................................................................... 5
EXISTING CONDITIONS .............................................................................................................................. 5
Reach A – Foothills to Helen Avenue ........................................................................................................ 6
Reach B – Helen Avenue to Dora Street ................................................................................................... 6
Reach C – Dora Street to State Street ...................................................................................................... 7
Reach D – State Street to Northwestern Pacific Railroad ......................................................................... 8
Reach E – Northwestern Pacific Railroad to Russian River ...................................................................... 9
CREEK ENHANCEMENT AND PUBLIC ACCESS OPPORTUNITIES ......................................................... 9
Creek Improvements ............................................................................................................................... 10
General Improvement Measures ............................................................................................................. 12
CASE STUDY – CITY OF SANTA ROSA CREEK STEWARDSHIP PROGRAM ........................................ 13
DOOLIN CREEK PROJECT AREAS ........................................................................................................... 15
South of Talmage .................................................................................................................................... 15
North of Talmage..................................................................................................................................... 17
Mulberry Street ........................................................................................................................................ 18
Washington Avenue – An Example of Flexible Creek Setback Design ................................................... 20
Overall Project ......................................................................................................................................... 21
RECOMMENDED STRATEGIES FOR ENHANCEMENT ........................................................................... 21
General Recommendations ..................................................................................................................... 21
Project Area Recommendations .............................................................................................................. 22
Project Prioritization ................................................................................................................................ 23
APPENDIX A – PROJECT SUMMARY ....................................................................................................... 24
APPENDIX B – POTENTIAL FUNDING SOURCES ................................................................................... 25
APPENDIX C – ADDITIONAL INFORMATION............................................................................................ 27
5
PURPOSE
The purpose of the Doolin Creek Restoration and Enhancement Plan is to provide long-term guidance for
the preservation of the healthy portions of the creek, restoration and enhancement of degraded areas, and
reestablishing parts of the creek as a place for human use and appreciation. In attempt ing to manage the
creek in an environmentally sensitive manner and protect it from further degradation , the City of Ukiah hired
RRM Design Group and Golden Bear Biostudies to prepare a conceptual restoration and enhancement
plan. In the interest of implementation, this document presents guidelines to achieve these goals over time.
Although this Plan is site-specific and provides some detail, it is conceptual in nature. It is intended to help
inform long-term planning and development decisions that would affect Doolin Creek. It is not intended to
replace or supersede existing City plans or codes. If any of the improvements presented in this document
were to be planned or built, the City would need to perform environmental review pursuant to the California
Environmental Quality Act (CEQA) and follow all other applicable regulations and City planning review
procedures. Furthermore, in many areas along its length, private property ownership extends to the
centerline of the creek; permission must be obtained from private landowners prior to working on private
property. Also, a California Department of Fish & Game Streambank Alteration Per mit would be required to
implement many of the enhancement opportunities discussed later in this document.
EXISTING CONDITIONS
The creeks in the Ukiah Valley serve as drainage channels for stormwater runoff, groundwater recharge,
domestic and agricultural water supply, flood management, and habitat for fish and other aquatic life.
Different types of urban activity have varying effects on vegetation and wildlife in a riparian corridor. Doolin
Creek is a confined, heavily modified drainage channel that is s urrounded by residential, commercial, open
space and recreational land. Many of these uses over time have altered the natural features of t he creek.
As a tributary that flows to the Russian River, Doolin Creek is a valuable natural resource capable of
supporting a variety of habitats and wildlife. The majority of the creek only has flows during the wet winter
months. A series of bridges and culverts allow for both pedestrian and vehicle crossings along the creek.
For the purpose of this Plan, the project area has been divided into reaches, distinguished by vegetation,
hydrology, topology, adjacent land use, and access. The following map shows each of these reaches, with
the creek bed roughly outlined to help orient the reader. The coloration of the reach boundaries indicates
the ecological integrity of that portion of the creek, with blue indicating where the creek retains more of its
natural characteristics, with each color thereafter indicating generally progressive degradation as it is
channeled through urban and agricultural uses before emptying into the Russian River.
6
Doolin Creek Reach Map
Reach A – Foothills to Helen Avenue
Reach A stretches from the foothills down to Helen Avenue.
It is the westernmost stretch of creek and remains the most
natural section of the corridor. Along this stretch there are
areas of severe erosion exposing tree roots and concrete
footings. The vegetation is low with a medium density. The
banks are narrow and steep, exaggerating the erosion
problem.
Reach B – Helen Avenue to Dora Street
Reach B starts at Helen Avenue and continues to the
intersection of Washington and Dora Streets. Many of the
banks in this reach are covered in non -native and invasive
species. This stretch of the creek is mainly residential,
although it abuts school property. While a small number of
residents have decided to make it a prominent feature of
their home, the majority has turned its back to the potential. In one residential area there are bridges across
the creek leading to slivers of land covered with rundown sheds. At the eastern most part of this reach an
eight-foot tall wooden fence at the immediate back of a sidewalk blocks the creek from street view. On the
west side of this narrow strip is Nokomis School which has a high chain link fence separating the school
from the creek.
Looking west at the end of Helen Avenue
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Reach C – Dora Street to State Street
This reach begins near a senior living center with a landscaped parking lot where Doolin Creek daylights at
the north-eastern corner of Dora Street and Washington Avenue. This landscaped area is located in front of
the retirement residence and features an attractive pedestrian bridge over the creek to the entrance of the
building. Downstream, the creek widens into a rock-lined channel installed as part of a subdivision along
Creekside Court and Mulberry Street. The homes are oriented with their back to the creek and the
improvements lack the vegetation to provide a more natural look. Despite the lack of designed integration
of the creek into nearby residences, there is an active community garden on the west side of Mulberry
Street (visible in the images above), and community members incorporate outdoor space between the
garden and the subdivision into their neighborhood when permitted by the season . The creek then follows
along Mulberry Street’s edge until it is choked down to a width of a few feet. This tight segment is covered
in dense vegetation.
Mulberry Street culvert – after a storm – looking west Mulberry Street culvert – in dry period – looking west
Washington and Dora – looking west Washington and Dora – looking east
8
Reach D – State Street to Northwestern Pacific Railroad
This reach begins as a culvert under State Street. It continues under a gas station and then day lights as no
more than a confined channel approximately six feet wide along the south side of Talmage Road. The
creek then tunnels under to the north side of the street where it meanders between residential
neighborhoods and commercial and industrial uses. This reach provides the most opportunity for a
restoration and enhancement project due to the City-owned property in the Runway Protection Zone, and
the potential Talmage Road widening project.
Mulberry Street – looking east Brookside Retirement Residence – looking west
South of Talmage Street – looking west North of Talmage Street – looking east
9
Reach E – Northwestern Pacific Railroad to Russian River
Doolin Creek passes beneath the Northwestern Pacific Railroad (owned by the North Coast Railroad
Authority) and then back into a residential area where high brick walls force it into a narrow channel where
it is crossed by three residential streets. An apartment complex and undeveloped parcel, zoned for
medium-density residential development (R-2; up to 14 dwelling units per acre), borders the east end of this
reach. At this point, Doolin Creek crosses under Highway 101 and is channeled around an orchard, finally
emptying into the Russian River.
CREEK ENHANCEMENT AND PUBLIC ACCESS OPPORTUNITIES
The goal of the Doolin Creek Restoration and Enhancement Plan is to create guidelines to help restore the
creek to a more ecologically functioning and visually appealing amenity that safely conveys storm flows.
The community should view Doolin Creek as an attractive resource, where people can observe natural
processes through the seasons, and even gather for a picnic, have dinner at a restaurant along the creek ,
or learn more about their environment. To support this vision, restoration should include the following
measures:
Removal of invasive non-native plant species;
Revegetation of degraded areas with native plant species;
Annual debris clean-up;
Sedimentation and/or erosion control measures;
Restrictions to incompatible human activities including camping, graffiti, litter, etc.;
Reconfiguration and naturalization of modified channels; and
Enhancement of aquatic resources.
Betty Street – looking east Caldwell Frontage Road – looking west
10
To improve aquatic habitat, shading of the creek bottom and pools may be established by planting and
maintaining native trees, shrubs and emergent vegetation wherever possible , while maintaining creek flow.
At least 75% of water surface area should be shaded at any given time to help keep the water temperature
consistent and low. Logs, root wads, tree bundles, and boulders can serve as the primary cover elements
added to pools. Cover may be incorporated with other stream enhancement structures such as log and
boulder weirs, boulder clusters, and single and opposing wing deflectors. In all cases, proper hydraulic
analysis by a registered civil engineer shall be required prior to installation of habitat structures in order to
not create problems downstream. The following section explains these improvements in more detail.
Creek Improvement Measures
This section includes the following improvement measures designed to preserve healthy portions of the
creek, restore and enhance degraded areas, and reestablish parts of the creek for human use and
appreciation for the benefit of Ukiah residents.
1. Boulders
Boulder structures may be placed in the channel and along outside bends of the creek bank to create a
desired habitat. They can be used to break up stream flow and to provide stream cover. It is desirable to
create a variety of stream flow velocities, because young fish will select different velocities depending on
whether they are feeding or resting. Different water velocities will also sort gravel and create diversity in the
substrate. Boulders are well suited for diversifying flows because they are resis tant to being displaced by
high flows. They can be placed mid-channel without constructing a full-channel spanning structure. The
interval in boulder clusters and between large boulders can provide escape cover for juvenile and adult fish.
There are some disadvantages to using boulders. One problem is that boulders often must be hauled to the
construction site from a quarry. If there is not a quarry nearby, the cost of buying and trucking boulders can
be very high. A second problem with using boulders is that if they are placed in mobile substrate, perimeter
scour may cause the boulder to bury itself. For this reason, it may be necessary to use large boulders, or to
secure boulders using polyester resin adhesive and cable to form a larger structure. Design of boulder
structures depends upon the primary function to be served. The range of flows to which a particular
structure or series of structures may be subjected will dictate size of boulders to be used, and proper
anchoring techniques.
Boulders can be used in a variety of situations and configurations to perform a desired function or fulfill a
particular habitat need. Possible configurations of boulders include weirs, clusters, and single and opposing
wing-deflectors.
2. Boulder Weirs
Boulder weirs are primarily used to collect and retain gravel for spawning habitat, or to create one or more
jump pools to facilitate fish passage on marginally accessible or impassable stream reaches. The boulders
11
used should be larger than boulders occurring naturally in the stream. Large angular boulders are most
desirable as they are least likely to roll out of place during high flows.
Weirs that span the full channel width can be configured in several shapes including: 1) perpendicular to
the flow (if used for back-flooding); 2) diagonal; 3) downstream-oriented “V”; and 4) “U”-shaped (if used to
improve spawning gravel). Weirs should be keyed 4 to 6 feet horizontally into stream banks with a gradual
downward slope of the weir height toward the lowest point of the creek. At the low point of the weir a
“spillway” should be constructed by creating an opening one to two feet wide. This creates a notch through
which flow is concentrated at low flows. The notch should be roughly triangular in shape with the apex of
the triangle oriented down. Flat, broad spillways make fish passage difficult.
3. Boulder Clusters
Boulder clusters can be used to create scour pockets around boulders, provide rearing habitat for young
fish, build quiet water resting areas for upstream migrating spawners, and sort spawning gravel. At least 3 -
to 5-foot diameter boulders are recommended.
In general, adjacent boulders should be 0.5 to 1 foot apart. The best configuration for boulders is usually a
triangle of three boulders. Several of these clusters may be aggregated to increase scour area and create
greater habitat complexity. If large angular quarry boulders are available, a single boulder can create good
cover for juvenile and adult fish. Boulders should be placed within the middle two quarters of channel width,
and not in a deposition zone. If boulders are too big they will divert the stream from its channel, or into soft
stream banks.
4. Single and Opposing Boulder Wing-Deflectors
Single wing-deflectors are built to protect a portion of one bank by deflecting the flow away from the bank.
They are also used to create scour by constricting the channel, thereby accelerating the flow. Wing-
deflectors can also create quiet water resting areas for use by upstream migrating spawne rs. Opposing
wing-deflectors are built to constrict the flow to create a scour pool and sort spawning gravel. These
structures are best installed in long, uniform glides or riffles. They create rearing habitat for younger fish , as
well as resting areas for upstream migrating spawners. The upstream side of the deflector will develop
deposition that may become suitable spawning habitat.
5. Log Structures
Applications for log structures are similar to those for boulder structures. Logs may be used to provid e in-
stream cover for young fish and spawning adults, to scour pools for rearing habitat, to collect spawning
gravel, and to stabilize eroding stream banks. Log structures have a variety of shapes and uses. These
include straight log weirs, downstream-V weirs, diagonal weirs, upstream-V weirs, upsurge weirs, wing-
deflectors, divide logs, digger logs, and Hewitt ramps. The various structures have specific purposes, which
often dictate the specifications to which they are built. Many of these structures serve the dual purpose of
trapping, sorting, and stabilizing gravel for spawning habitat as well as creating scour pools which act as
rearing habitat for young fish and escape cover or resting areas for spawning adults.
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6. Paths
There are several options for paths along Doolin Creek. A multiple-use soft path provided to serve
pedestrians and all terrain cyclists could be created from decomposed granite, bark, compacted rock, or
hard packed materials and earth. The material chosen should depend on the particul ar location of the path
and the ability to accommodate multiple users. Depending on space and topography , a soft path may be
appropriate at the top of the bank in order to reduce the maintenance due to washout. This type of pathway
should be a width that is safe, be environmentally and aesthetically sensitive, provide for intended user
groups, and meet funding requirements. In general, new public paths should also be ADA-accessible.
A multiple-use hard path would best accommodate individuals with disabilities, road bicycles and
pedestrians. The surface could be constructed of smooth, hard or hard -packed, all weather material that is
appropriate to the particular location and constructed to standards that consider use, safety, site
characteristics, and funding. The optimal width would be eight feet with two-foot shoulders; however, path
dimensions depend on surrounding properties and channel characteristics . To minimize impacts on fish,
wildlife and vegetative habitat, and to reduce maintenance costs, the hard path trail should be keep out of
environmentally sensitive creek channels.
If it is determined that a pedestrian-only path is the best alternative, then a soft path is the most cost-
effective approach. These paths are low-impact trails approximately four feet wide and have earth, bark or
other soft, appropriate, and aesthetically pleasing surface material.
Where creek channel characteristics make it undesirable to have a path on the bank, a cantilevered
boardwalk may be an option, provided that any environmental impacts are appropriately mitigated.
General Improvement Measures
Within the City of Ukiah, storm water discharges to Doolin Creek are permitted under the State Water
Resources Control Board Phase II Municipal Separate Storm Sewer System (MS4). As of this writing, the
City of Ukiah is covered under a Phase II permit which has expired; the City has elected to seek coverage
with the City of Santa Rosa and County of Sonoma when their Phase I permit is renewed in the near future.
The Stormwater Low Impact Development (LID) Technical Design Manual1 was developed by the City of
Santa Rosa, County of Sonoma, and Sonoma County Water Agency (SCWA) to provide technical guidance
and best management practices (BMPs) for project design. The new Phase I permit will require
development projects of a certain size, type, and location to consider the types of measures that are
included in the manual. The following is a brief list of measures for consideration in the Doolin Creek
corridor as a means to improve storm water quality and to reduce the potential for further erosion.
1 Available at: http://srcity.org/departments/utilities/stormwatercreeks/swpermit/Pages/swLIDtechManual.aspx
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1. Trash Removal
The Mulberry Street stretch of Doolin Creek requires direct efforts of trash removal. During the summer
months, the dry creek bed is used as a pedestrian footpath due to the proximity of nearby housing
complexes and lack of direct access to State Street. An Adopt-A-Creek program should be feasible within
this area of Doolin Creek (General Recommendation 7).
2. Plant Native Species and Invasive Species Removal
Planting native species to increase bank vegetation density is recommended along Reach D, particularly
along Talmage Road at the airport, as well as North of Talmage Road. Plantings of native willow species
should replace creek-choking blackberry and ornamental bushes.
3. Removal of debris
Failed riprap should be removed in Reach C, in the area of Mulberry Street.
4. Community Education
Phase II permit holders are required to educate the public on the impacts of human activities on waterways
and the environment. However, specific community education efforts should be undertaken specifically
targeting the Doolin Creek corridor to increase awareness of activities which have a direct and/or indirect
effect on the quality and integrity of the creek. Such efforts can include a focused outreach campaign for
residential areas and businesses along Doolin Creek to help minimize polluted runoff, which can contain
fertilizer and pesticides from lawns, oil and antifreeze from driveways, and organic matter from pet waste
and gardens.2 These education activities could also be combined with a city-wide creek stewardship
program, discussed in the following case study.
CASE STUDY – CITY OF SANTA ROSA CREEK STEWARDSHIP PROGRAM
In 2002, the City of Santa Rosa partnered with the Sonoma County Water Agency to form the Creek
Stewardship Program.3 The stewardship program is responsible for managing 35-miles of trails along
creeks and 100 creek miles and helps fulfill the City’s General Plan goals for storm water treatment and
recreational enhancements. The program’s objectives include the following:
1. Increase the public’s awareness of the values provided by local creeks by providing creek
restoration, education, and recreation activities in conjunction with community partners.
2. Support volunteer Creek Stewards who serve as additional “eyes, ears and voice” to identify and
report undesirable conditions and activities. Creek Stewards also perform minor maintenance and
monitoring tasks and provide suggestions to enhance creek areas.
2 U.S. EPA. Getting in Step: A Guide for Conducting Watershed Outreach Campaigns. Available at:
http://www.epa.gov/owow/watershed/outreach/documents/getnstep.pdf
3 More information available at: http://srcity.org/departments/utilities/stormwatercreeks/steward/Pages/default.aspx
14
3. Provide timely and effective response to citizens’ concerns regarding creek related maintenance,
environmental, safety, and recreational issues.
In the mid-1990s, the City of Santa Rosa adopted a parcel fee for storm water treatment. A parcel is
currently assessed by the amount of impervious surface area; parcels are generally assessed at $39 for
homeowners and approximately $1,000 for large retail developments. The program collects about two
million dollars annually through these fees. Half of the funds are used for compliance with regulatory
permits under the National Pollutant Discharge Elimination System (NPDES) and the Small Municipal
Separate Storm Sewer System (MS-4). The remaining $1 million are used for creek restoration,
stewardship projects, and community outreach. With its stable source of funding, the program has
successfully leveraged additional grant funding for large restoration projects.
A Creek Stewardship Program employee works with the City’s creek committee and is responsible for
maintaining various records including a reporting system that tracks problems; coordinates with city
departments; communicates an exact location, known situation and telephone number of the property
owner. The public appreciates having one phone numbe r for reporting their concerns. The program acts as
a clearinghouse for complaints about trash, vandalism, graffiti, camping, poaching, etc. Such activities are
dispatched to the appropriate department for a response. According to City staff, the program is especially
valued by fire, police, and public works.
The program partners with the community, schools, government, watershed groups and property owners.
Creek cleanup days are well attended; in 2013, approximately 2,000 volunteers participated. Like the City
of Ukiah, the City of Santa Rosa is a member of the Russian River Watershed Association and ha s
participated in the “Ours to Protect” signage program. These signs are posted near creeks and bridges
throughout Sonoma and Mendocino County. The City of Santa Rosa is also presently working on an urban
creek guide.
The stewardship program funds an environmental educational consultant that provides outreach to 6,000
students annually as part of their award winning educational program. The program has received awards
from the Association of Environmental Professionals and from the California Storm Water Quality
Association for its annual water quality survey work conducted by Santa Rosa high school students.4
The stewardship program supports improved water quality, flood control, and public safety. Members of the
public also value having trails nearby for a nature and recreational experience within walking distance.
According to City of Santa Rosa staff, the program has an excellent relationship with t he Regional Water
Quality Control Board since its functions support the RWQCB permit, and the general public, community
groups, decision-makers, and regulators are satisfied with the program’s accomplishments.
4 The City of Santa Rosa’s Aquatic Macroinvertebrate Bioassessment Program involves area high schools each monitoring a
creek near their campus. More information regarding this specific program is available at:
http://ci.santa-rosa.ca.us/departments/utilities/stormwatercreeks/schoolresources/Pages/study.aspx
15
DOOLIN CREEK PROJECT AREAS
South of Talmage
Four potential project areas are identified along Doolin Creek. The first and largest is in Reach D along
Talmage Road. This site presents the timeliest opportunity to be implemented due to the potential Talmage
Road widening project. This stretch of creek is on City-owned land and is currently designated as Runway
Protection Zone (RPZ). This zone prohibits “assemblages of people” but allows pastures, field crops, and
vineyards. Prior to any of the concepts discussed in this document being built, a positive Airport Land Use
Plan consistency determination would need to be made by the Airport Land Use Commission.
While this zone has density and building restrictions, it lends itself well to a passive park-like setting. This
Plan includes two separate alternative conceptual designs, both of which would require modifying the
configuration of the present channel.
Alternative 1, below the existing culvert under State Street and the gas station , bends the creek channel
away from Talmage to create a small park contained by Talmage and Lewis Streets. In this alternative,
paths follow along the streets and bridge over the creek.
Alternative 2 includes a new culvert under State Street and day lighting between businesses where Lewis
Street is today. After passing those businesses, Lewis Street would be removed to create a large greenway
flanked by landscaped berms between the greenway and the Runway Protection Zone. This more natural
approach to the greenway allows for a slightly larger park area and more meandering of the path. Based on
meetings held with staff and stakeholders, this alternative represents the preferred direction for the South of
Talmage area.
16
17
North of Talmage
The second project area is also in Reach D on the North side of Talmage Road near Cunningham Street.
This area is immediately downstream from the South of Talmage project area. At this corner there are large
aluminum sided warehouses. The part of this lot facing Talmage is sizeable and open with a large canopy
tree.
Alternative 1 for this site envisions widening the creek channel and providing a weir. A wide sidewalk
between the creek and Talmage will contain street trees that will provide shade and allow for optimal
viewing of the creek. Alternative 2 shows a more standard sidewalk with benches and grass mounds near
the creek. Trees shade the creek on the south side and a small bridge provides a pedestrian connection to
a possible restaurant or retail shop plaza area.
18
Mulberry Street
The third project area is bordered by a dead-end street that could be used for access off Washington
Avenue. This site is in Reach C and is zoned for high-density residential (R-3; up to 28 units per acre).
Alternative 1 includes developing the vacant parcel east of Mulberry Street with six homes on a small court
set back from the creek, with a meandering path and trees shading the widened creek. Alternative 2
includes a small neighborhood park and playground with a parking lot, picnic tables, and a trail system that
bridges the creek. Trees would buffer the park front adjacent business and while providing shade for the
creek and playground. Stakeholders reviewing these concepts preferred Alterna tive 2. Both alternatives
would complement the existing community garden located on the west side of Mulberry Street south of the
bridge. Both alternatives could provide access from Mulberry Street to State Streeet.
19
20
Washington Avenue – An Example of Flexible Creek Setback Design
This site is located at the southwest corner of Washington Avenue and Dora Street, in an area where the
creek is fenced off from the street. This concept demonstrates how residents could turn the creek into an
attractive feature of their property to both their benefit and that of the streetscape and surrounding
community. This could include removing the tall fence, opening the back yards, and creating a secondary
access to these homes off of Washington Avenue. The sidewalk could be connected to with small bridges
crossing the landscaped creek, leading to decks where residents could enjoy the creek view.
Rather than focusing on this concept as an isolated project, it serves as an example of how homeowners
and developers could incorporate the natural features of a creek into the design of their homes. Retaining
or restoring the natural characteristics of the waterway could be incentivized through flexible creek setback
requirements. As of this writing, City staff members are preparing to draft the City’s first setback
regulations. It is recommended that these regulations incorporate incentives that allow a flexible siting and
design approach for development near waterways. If property owners maintain, protect, and develop their
properties in accordance with the natural features of the creek, or restore and enhance degraded creek
areas, they should be given appropriate flexibility in siting and design.
It is recommended that the City adopt this strategy citywide to benefit the waterways within its jurisdiction
and provide opportunities for creative creek-side property development.
21
Overall Project
The Mulberry, South of Talmage, and North of Talmage projects discussed above should be viewed as
three components of one overall project. Taken together, these subprojects would restore and enhance
Doolin Creek in those areas where most opportunity exists. These areas are both within the city limits and
include vacant and under-developed properties. The following image shows all of these projects overlaid on
an aerial map of the vicinity.
RECOMMENDED STRATEGIES FOR ENHANCEMENT
General Recommendations
1. Approve the Doolin Creek Restoration and Enhancement Plan as a strategic guide for enhancing
the Doolin Creek corridor.
2. Treat the three corridor improvement project areas and enhancement strategies in this Plan as
components of an overall long-term plan to restore Doolin Creek. The City should act
opportunistically to enhance these areas as funds and opportunities become available.
3. Anticipate the future Talmage Road widening project as the best opportunity of greatest positive
impact to Doolin Creek by mitigating the environmental effects of widening the road.
22
4. Adopt creek setback regulations to protect riparian vegetation and prevent further ecological
degradation of the creek. These guidelines should be flexible so that they can adapt to the differing
conditions that are found along the creek. They should also contain incentives to encourage
property owners to incorporate the natural features of the creek into the siting and design of
individual projects.
5. Where creek-side pedestrian paths parallel streets, they should be separated from the street by a
landscaping strip/berm.
6. Apply for appropriate grants to enhance certain stretches of Dooli n Creek and to repair areas of
degradation, particularly in and near the Mulberry Street and Talmage Road project areas.
7. Work with local environmental organizations and the schools to sponsor a Doolin Creek “clean-up
day” similar to the annual Gibson Creek and Orr Creek clean up days, to clear out garbage and
debris.
8. Develop Adopt-A-Creek programs where active neighbors will work together to maintain and
enhance their particular stretch of creek. The first such Adopt-A-Creek program should focus on
the Mulberry Street neighborhood, given the residential density, nearby community garden, and
opportunities for significant creek enhancement.
Project Area Recommendations
South of Talmage
1. Alternative 2 was the preferred approach to this area in public meetings when the Plan was first
developed, and is also preferred by the Paths, Open Space, and Creeks Commission . It is
recommended that the City identify this alternative as a priority in conjunction with a potential
Talmage Road widening project and any other p rojects within its jurisdiction that would require
impact mitigation for this waterway.
2. Plans for this area should include abandoning the stretch of culvert that g oes beneath State Street
and the service station at the corner of State and Talmage , and creating a new culvert connection
along the alignment of Lewis Lane and the natural alignment of the creek.
3. A new and enhanced creek channel could be constructed from State Street to Talmage Road that
would connect to the existing culvert at the northeastern edge of this planning area.
4. With the rerouting of Doolin Creek and the elimination of Lewis Lane, a pas sive use park area with
landscaping could be created along this stretch of creek.
5. The City should consider further refining the design of Alternative 2 for the South of Talmage
project to show a wider spreading basin, particularly in the eastern portion of the property, which
could be planted with reeds and used to enhance water quality in the area.
6. Under this option, the segment of Lewis Lane between the businesses fronting State Street would
be an open channel with pedestrian pathways on either side of the creek connecting to the park.
Should this prove to be difficult with the existing businesses (who are presently using it for a
service alley and garbage storage), then the culvert should be placed under the section of Lewis
Lane and terminate at the back of businesses to allow access not just to the businesses, but to the
park, as well.
23
North of Talmage
1. This area could be enhanced along the lines of Alternative 1 or 2.
2. The actual enhancement of the creek itself and the provision of pub lic access improvements could
be a part of a potential Talmage Road widening project, and could be included to mitigate the
environmental effects of the widening Talmage Road and also to improve pedestrian and bicycle
access.
Mulberry Street
1. Although staff and participants in the 2002 Doolin Creek Workshops preferred Alternative 2, which
proposes that the City acquire vacant property on the west side of Doolin Creek at Mulberry Street,
the City should consider both the housing and non-housing approaches to this stretch of creek.
2. If the City is able to obtain funds in order to acquire this key p roperty, a refined plan should be
developed for a small park to be constructed at this location along the lines of that designed in
Alternative 2.
3. If the City does not feel it can acquire this property, it should then dev elop the design guidelines
and creek setback regulations suggested under the general recommendations to assure that the
property develops in a manner that is respectful of and enhancing to the creek environment
(Alternative 1).
Washington Avenue – An Example of Flexible Creek Setback Design
1. The City could use this concept as a model to develop creek setback requirements that include
incentives for restoring and retaining the natural characteristics of waterways by giving project
applicants more siting and design flexibility.
Project Prioritization
If possible, the three projects presented in this document should be programmed as a single project.
However, if not possible, they may be pursued individually as funds become available, and prioritized in the
following order:
1. South of Talmage (Alternative 2)
2. Mulberry Street (Alternative 2 preferred; Alternative 1 without grant or mitigation funding)
3. North of Talmage (Alternative 1 or 2)
24
APPENDIX A – PROJECT SUMMARY
Project Estimated Cost* Potential
Funding Source
Other Considerations
South of Talmage Alternative 1: $1.5M Impact mitigation/grants City-owned property. Project may be consistent with
current zoning (Public Facilities Zone); trees or structures
must not obstruct air navigation
Alternative 2: $3.0M Impact mitigation/grants
North of Talmage Alternative 1: $800K Impact mitigation/grants Project may be consistent with current zoning (Public
Facilities)
Alternative 2: $1.5M Private development Restaurant or retail plaza would not be consistent with
current zoning (Public Facilities)
Mulberry Street Alternative 1: $1.5M Private development Consistent with current zoning (R-3)
Alternative 2: $1.5M Grants Park may be permitted in current zoning (R-3), subject to
a use permit
* Estimated costs include planning, design, environmental compliance and construction. Estimates determined by City of Ukiah Public Works
Department.
25
APPENDIX B – POTENTIAL FUNDING SOURCES
Funding Source Description Amount Deadline Website
Grants
CA State Water
Resources Control Board
Grant 319 (h) – Funding for
improving water quality including
riparian restoration projects
resulting from non-point source
pollution.
$4 million per year August http://www.waterboards.ca.gov/wate
r_issues/programs/nps/grant_progra
ms
Funder’s Network for
Smart Growth
Matching funds for local
sustainability.
N/A – matching
fund
January 8 http://www.fundsnetwork.org/particip
ate/green-building/local-
sustainability-matching-fund/
National Endowment For
the Arts
Must involve two partners: local
government and a non-profit
organization that create
transformative projects which are
sustainable and beautify the
community.
$25,000 –
$200,000
Jan 13 http://arts.gov/grants-
organizations/our-town/grant-
program-description/
The Forest Service’s
Community Forest and
Open Space Program
Provides assistance to establish
community forests for community
benefit.
Not stated January 15 http:www.grants.gov/web/grants/vie
w-opportunity.html?oppId=241953
Environmental Justice
Collaborative Problem
Focuses on local environmental
issues that affect communities –
provides small grants to save
native species and wild
ecosystems.
Not stated, but
small amounts
May 1 http://fundwildnature.org/proposal-
dates-of-guidelines/dates-a-
guidelines.html
US Fish and Wildlife
Service Coastal Program
Provides funding for projects that
restore and protect fish and
wildlife habitat on public and
private land.
Not stated September 30 http:www.grants.gov/web/grants/vie
w-opportunity.html?oppId=246793
CA Wildlife Conservation
Board
Provides funding for wetland,
riparian, oak woodland and fish
habitat improvement projects
concerning wastewater technical
assistance.
Up to $50,000 Not stated Meghan Brown (916) 341-5729
mgbrown@waterboards.ca.gov
Diana Conkle
(916) 341-5660
dconkle@waterboards.ca.gov
Fisheries Restoration
Grant Program,
California Dept of Fish
and Wildlife and NOAA
The purpose of the program is to
restore, enhance, or protect
anadromous salmonid habitat in
the coastal watersheds of
California, or fund projects that
lead to the restoration,
enhancement, or protection of
anadromous salmonid habitat.
In 2014, $150,000
was available for
restoration of
steelhead streams
(referred to as the
Steelhead Report
Card or SHRRC
Focus)
Mid-March https://www.dfg.ca.gov/fish/Administ
ration/Grants/FRGP/Solicitation.asp
NFWF (National Fish and
Wildlife Foundation)
5 Star and Urban
Streams Program
Purpose
Provides wetland, riparian, in-
stream and/or coastal habitat
restoration.
Implements meaningful education
and training activities, either
through community outreach,
participation and/or integration
5 Star: In 2014,
NFWF anticipates
that approximately
$1,800,000 of
funding will be
available.
5 Star: Jan-
Feb
Bring Back
the Natives:
Late April
5 Star:
Claire Thorp claire.thorp@nfwf.org
(415) 243-3104
http://www.nfwf.org/fivestar/Pages/2
014rfp.aspx
Bring Back the Natives:
26
Bring Back the Natives with K-12 environmental
curriculum.
Bring Back the
Natives:
In 2012 funded 23
projects, minimum
award $23,000.00
to $300,000.00
Non-federal grant
match required
http://www.nfwf.org/bbn/Pages/hom
e.aspx
State of CA Department
of Water Resources
Flood potential
Public agency with citizen group
or non profit
grant cap of 1
million
Not stated www.grantsloans.water.ca.gov/
Loans
CA Infrastructure and
Economic Development
Bank (I-Bank)
revolving direct loan program
sustain long term employment
Interest rates change monthly
until board approval
up to 20 Million
over 30 years
Not stated www.ibank.ca.gov
State Water Resources
Control Board
CWSRF Program Clean
Water State Revolving
Fund
Nonpoint source projects
identified in CA NPS Plan
stormwater reduction and
treatment facilities
stormwater Grant Program (Prop
84)
project must reduce and/or
prevent stormwater contamination
of rivers, lakes and streams
$250,000 minimum
grant proposal with
a maximum
amount of
$3,000,000
20% funding
match
2-3% low interest
loan, standard 20
years; repayment
begins 1 yr after
construction
Not stated http://www.waterboards.ca.gov/wate
r_issues/programs/grants_loans/srf/
US Department of
Agriculture
curb and gutter improvements
road and automobile bridge
3.5% low interest
loan
Not stated www.usda.gov/
CA Fisheries Fund Provides three types of loans:
fishing association fund,
infrastructure loans, business
loans
Not stated Not stated http:/www.californiafisheriesfund.org
/loan.html
27
APPENDIX C – ADDITIONAL INFORMATION
U.S. Environmental Protection Agency. Low Impact Development (LID) "Barrier Busters" Fact Sheet Series.
Available at: http://water.epa.gov/polwaste/green/bbfs.cfm
City of Ukiah. 2006 Storm Water Management Plan. Available at:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/swmp/ukiah_swmp.pdf
City of Santa Rosa and County of Sonoma. Low Impact Development Technical Design Manual. Available
at: http://srcity.org/departments/utilities/stormwatercreeks/swpermit/Pages/swLIDtechManual.aspx
At
t
a
c
h
m
e
n
t
3
Attachment 4
RESOLUTION NO. 2015-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING MEGAN ELLIOTT
PARKER TO THE PATHS, OPEN SPACE, & CREEKS COMMISSION AS A CITY SPHERE OF
INFLUENCE RESIDENT REPRESENTATIVE
WHEREAS, there are currently three vacancies on the Paths, Open Space, & Creeks Commission;
and
WHEREAS, The vacancies for the Paths, Open Space, & Creeks Commission were last posted on
July 8, 2015, with only one application having been received from Megan Elliott Parker; and
WHEREAS, Ms. Parker meets the qualifications for the residency within the city sphere of influence
position.
NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination
submitted per procedures outlined in Resolution No. 2014-48, and do hereby appoint Megan Elliott
Parker to the Paths, Open Space, and Creeks Commission, as a City Sphere of Influence Resident
Representative.
PASSED AND ADOPTED this 5th day of August, 2015, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________________
Douglas F. Crane, Mayor
ATTEST:
__________________________________
Kristine Lawler, City Clerk
Attachment 1
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
NORTH STATE STREET SEWER MAIN
IMPROVEMENT PROJECT
SPECIFICATION NO. 14-04
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: September 9, 2015
2:00 p.m.
Office of City Clerk
Attachment 2
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
AUGUST 2014
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS ....................................................................................................................................8
INSTRUCTIONS TO BIDDERS .................................................................................................................... 10
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ........................................... 12
1-01. Definitions
1-02. Examination 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 California Standard Specifications
SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 15
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 16
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 ................................................................................................................................... 17
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....................................................... 18
5-01. Minimum Scope of Insurance
Spec. No. 14-04 North State Street Sewer Main
Improvement Project
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ...................................................... 20
6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 25
7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................. 28
8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
North State Street Sewer Main
Improvement Project Spec. No. 14-04
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 29
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 ............................................................................................................................ 31
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 ............................................................................................................... 34
11-01. Notice
11-02. Computation of Time
11-03. Litigation and Forum Selection
11-04. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 35
12-01. Arrangement of Technical Specifications
12-02. Arrangement of Plans
12-03. Business Licenses
12-04. Permits
12-05. Standard Specifications and Standard Plans
12-06. Temporary Facilities
12-07. Public Convenience and Safety
12-08. Maintaining Traffic
12-09. Traffic Control System for Lane and Ramp Closure
12-10. Warranties
12-11. Utilities
12-12. Preconstruction Conference
Spec. No. 14-04 North State Street Sewer Main
Improvement Project
12-13. Safety Requirements
12-14. Existing Utilities
12-15. Cooperation
12-16. Dust Control
12-17. Existing Highway Facilities
12-18. Notification of Underground Service Alert (USA)
SECTION 13. CONSTRUCTION DETAILS ................................................................................................ 40
13-01. Order of Work
13-02. Location and Scope of Work and Order of Work
13-03. Preservation of Property
13-04. Watering
13-05. Cost Break-Down
13-06. Surplus Material
13-07. Mobilization
13-08. Clearing and Grubbing
13-09. Aggregate Base
13-10. Asphalt Concrete Trench Paving
13-11. Curb, Gutter, and Sidewalk
13-12 Sanitary Sewer Main
13-13. Trench Shoring and Bracing
13-14. Soil and Ground Water Disposal
13-15. Traffic Stripes and Pavement Markings
13-16. Pavement Markers
13-17. Portland Cement Concrete
13-18. Material Recycling
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................ 56
14-01. Provisions to be Excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 57
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
PROPOSAL ............................................................................................................................................ 58
BIDDING SCHEDULE .................................................................................................................................. 59
FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 61
WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 62
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT .................................................................. 63
LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 64
STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................. 65
North State Street Sewer Main
Improvement Project Spec. No. 14-04
SIGNATURE(S) OF BIDDER ........................................................................................................................ 66
BIDDER'S BOND .......................................................................................................................................... 67
NON-COLLUSION AFFIDAVIT..................................................................................................................... 68
AGREEMENT ............................................................................................................................................ 69
INDEMNIFICATION AGREEMENT .............................................................................................................. 74
FAITHFUL PERFORMANCE BOND ............................................................................................................ 75
MATERIAL AND LABOR BOND ................................................................................................................... 77
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 79
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 80
Spec. No 14-04 10 North State Street Sewer Main
Improvement Project
INSTRUCTIONS TO BIDDERS
NORTH STATE STREET SEWER MAIN IMPROVEMENT PROJECT, Spec. No. 14-04, shall be performed in
accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby
made.
Each bidder must supply all the information required by the bid documents and Special Provisions.
Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color or national origin in consideration for an award
of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all
areas of employment. However, the employment of women shall not diminish the standards 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 (10%) of the bid, or by a bond in said amount and signed by the bidder
and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable
to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that
the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of
insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special
Provisions.
No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for
the opening thereof.
The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the
start of any work.
The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as
scheduled.
The work is to be completed within thirty (30) calendar days commencing with the 10th day following receipt of
the notice to proceed. The Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for
each and every calendar day's delay beyond the time prescribed.
Any bid protest must be filed with the City Clerk not more than five (5) 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 two (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 five (5) days after receipt of the written protest will be presented
to the City Council at its next regular meeting occurring not less than twelve (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.
North State Street Sewer Main
Improvement Project 11 Spec. No. 14-04
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions,
construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions
attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with
the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument,
addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in
no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The
drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is
neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the
Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or
any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a
variance between the conditions shown on the drawings and the conditions actually revealed during the
progress of the work or otherwise.
The bidder's attention is directed to the possible existence of obstructions and public improvements within the
limits of the work or adjacent thereto, which may or may not be shown on the Drawings.
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 is within the City of Ukiah. General locations and linear quantities of the work
are shown on the Cover Sheet of Plans.
The work location is located at North State Street between the intersections of Brush Street and Garrett Drive,
west of the US Highway 101 interchange, as shown on Sheet 1 of the Plans.
Spec. No 14-04 12 North State Street Sewer Main
Improvement Project
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 (24) hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated
in the contract to construct the improvement, including all alterations, amendments or
extensions thereto made by contract change order or other written orders of the Engineer.
h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans
which may have been prepared by or on behalf of the City, as a basis for proposals, when
duly signed and made a part of this contract by incorporation or reference, 2) all drawings
submitted in pursuance of the terms of this contract by the successful bidder with his or her
proposal and by the Contractor to the City if and when approved by the Engineer and 3) all
drawings submitted by the Engineer to the Contractor during the progress of the work as
provided for herein.
i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall
be understood that reference to the drawings accompanying these Special Provisions is
made unless stated otherwise.
Where "as directed", "as permitted", "approved" or words of similar import are used, it shall
be understood that the direction, requirements, permission, approval or acceptance of the
Engineer is intended unless stated otherwise.
As used herein, "provide" or "install" shall be understood to mean "provide or install
complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive.
1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the
Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be
North State Street Sewer Main
Improvement Project 13 Spec. No. 14-04
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.
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 (10%) of the bid as a guarantee that the bidder will enter into a contract, if awarded the work.
1-07. Qualification of Bidders. Each bidder shall be licensed under the provisions of Chapter 9, Division 3
of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type
of work called for under this contract. A statement setting forth this experience and business standing shall
be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract
only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability
and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work
successfully and promptly within the time and in the manner agreed.
In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the
bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other
contracts of like nature and magnitude or comparable difficulty at similar rates of progress.
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 (1%) of the prime
contractor's total bid.
Spec. No 14-04 14 North State Street Sewer Main
Improvement Project
(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 California Standard Specifications. All provisions of the General
Provisions, Sections 1 through 9, of the California Standard Specifications, shall be applicable to the contract
except as modified by these Special Provisions. The California Standard Specifications are set forth in
Section 12-06 of these Special Provisions.
North State Street Sewer Main
Improvement Project 15 Spec. No. 14-04
SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder
whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30)
days after opening of the bids. The City reserves the right to reject any and all bids and to waive any
irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully
executed, after which they will be returned 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.
Spec. No 14-04 16 North State Street Sewer Main
Improvement Project
SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any
order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any
part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall
operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any
right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent
breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in
the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of
its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work
shall be considered a part hereof and shall be subject to each and all of its terms and requirements.
3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the
written consent of the City acting through its authorized agents. Consent will not be given to any proposed
assignment which would relieve the original contractor or its surety of their responsibilities under the contract
nor will the Engineer consent to any assignment of a part of the work under the contract.
3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her
subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and
omissions of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to
bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.
Nothing contained in this contract shall be construed to create or shall be relied upon to create any
contractual relationship between any subcontractor and the City and no action may be brought by any
subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract
Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not
in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or
conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern.
All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately
followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed,
where given, though they differ from scaled measurements. Large scale drawings shall be followed in
preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative
thereto, are not sufficiently detailed or explained in these contract documents, including the contract
drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and
shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In
the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference
shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a
clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must
comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions.
Contractor’s attention is directed to Section 12-05 of the Technical Specifications regarding the California
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 three hundred and seventy-five thousand dollars ($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.
North State Street Sewer Main
Improvement Project 17 Spec. No. 14-04
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 (100%) 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 (50%) 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.
Spec. No 14-04 18 North State Street Sewer Main
Improvement Project
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, his or her agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Worker's Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Course of Construction insurance covering for “all risks” of loss.
5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property
damage including operations, products and completed operations. If
Commercial General Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.
5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers, officials, employees and
volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following
provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as additional insured with
respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the
contractor; and with respect to liability arising out of work or operations performed by or on behalf of
the Contractor including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance
company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers,
North State Street Sewer Main
Improvement Project 19 Spec. No. 14-04
officials, employees and volunteers for losses paid under the terms of this policy which arises from
the work performed by the named insured for the City.
3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees or volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid under
Subdivision (b) of Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City.
5-05. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of
no less than the following:
A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by
the City or on other than the City's forms, provided those endorsements or policies conform to the
requirements. All certificates and endorsements are to be received within fifteen (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.
Spec. No 14-04 20 North State Street Sewer Main
Improvement Project
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
specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of
any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty
or liability being made herein merely for the purpose of explanation.
The right of general supervision by the City shall not make the Contractor an agent of the City and the liability
of the Contractor for all damages to persons or to public or private property, arising from the Contractor's
execution of the work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the
work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair,
restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by
causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the
work, except as otherwise stipulated.
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers,
directors, agents and employees from and against all claims, damages, losses and expenses including but
not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any
necessary private investigators arising out of or resulting from the performance of the work, provided that any
such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property, other than the work itself, including the loss of use resulting
therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor,
or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence
or omission of a party indemnified herein.
In any and all claims against the City or any of its agents or employees by any employee of the Contractor,
any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor
under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The
North State Street Sewer Main
Improvement Project 21 Spec. No. 14-04
obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or
omissions which may cause negligence.
The City shall have the right to estimate the amount of such damage and to cause the City to pay the same
and the amount so paid for such damage shall be deducted from the money due the Contractor under this
contract; or the whole or so much of the money due or to become due the Contractor under this contract as
may be considered necessary by the City, shall be retained by the City until such suits or claims for damages
shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City.
6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences,
warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to
prevent damage or injury to persons or property.
All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and,
if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees
or agents, shall be restored to a condition as good as when he or she entered upon the work.
6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention,
article or method that may be used upon or in any manner connected with the work under this contract shall
be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the
City, together with all of its officers, agents, servants and employees, harmless against any and all demands
made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested
by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.
Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing
or using any invention, article, material or appliance supplied or required to be supplied or used under this
contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of
equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer.
Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use,
any such invention, article, material or appliance, as may by this contract be required to be supplied, in that
event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and
necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention,
article, material or appliance without being disturbed or in any way interfered with by any proceeding in law
or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to
pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have
the right to make such substitution, or the City may pay such royalties and secure such licenses and charge
the cost thereof against any money due to the Contractor from the City or recover the amount thereof from
him or her and his or her sureties notwithstanding final payment under this contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies
and materials from damage due to the nature of the work, the action of the elements, trespassers, or any
cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City
nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing
damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and
comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and
specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or
she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in
the contract for changes in the work. The Contractor and any subcontractors shall each secure and maintain
a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the
Contractor allowing him or her to perform work within City right of way or within City property after the
Contract Documents have been executed and insurance certificates and endorsements have been approved
by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or
her work under this contract, all necessary utilities, such as special connection to water supply, telephones,
power lines, fences, roads, watchmen, suitable storage places, etc.
Spec. No 14-04 22 North State Street Sewer Main
Improvement Project
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of
work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of
his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or
liability by the City or any officer or employee thereof and the Contractor shall have no claim under this
contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such
approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using,
upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the
Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be
used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no
responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a
satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the
Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference
points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and
bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or
disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions.
6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or
her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements
and surveys and in establishing temporary or permanent reference marks. Payment for such materials and
assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of
setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the
Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the
work, without delay, all rejected and condemned materials or structures of any kind brought to or
incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing,
within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material
or work may be removed by the City and the cost of such removal shall be taken out of the money that may
be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or
condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the
Contractor has complied with the requirements of this contract, not readily enforceable through inspection
and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer
properly authenticated documents or other satisfactory proofs as to his or her compliance with such
requirements.
6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in
plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between
the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in
writing and the Engineer shall promptly verify the same. Any work done after such discovery, until
authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work
in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to
be done under this contract with the work of such contractors or workmen, he or she shall make good
promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or
employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor
and other contractors, or between the contractor and workmen of the City in regard to their work shall be
adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or
North State Street Sewer Main
Improvement Project 23 Spec. No. 14-04
omissions of any other contractor or of the City, the Contractor shall on that account have no claim against
the City other than for an extension of time.
6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right,
if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the
Engineer and recover from the City payment for all work actually performed and for all satisfactory materials
actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the
estimate of the Engineer.
(1) If the work 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 Engineer fails to issue the monthly certificate for payment in accordance with the terms
of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as
provided by the terms of this contract, any sum certified by the Engineer or awarded by the
City.
All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10)
days after the alleged existence of such condition and if written notice of such action be not at that time
delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to
this section.
6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics
and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall
notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful,
intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or
abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such
person shall be discharged immediately from the work and shall not be re-employed upon it except with the
consent of the Engineer.
6-21. Wage Rates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work
unconditionally and without subsequent deductions or rebate on any account the full amounts due at
the time of payment at wage rates not less than those contained in the applicable prevailing wage
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor and subcontractors and such laborers and mechanics.
2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said
Section 1775, Contractor shall forfeit as a penalty to the Owner, fifty dollars ($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:
Spec. No 14-04 24 North State Street Sewer Main
Improvement Project
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 apprentice s.
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.
7. No contractor of 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 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.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and
waste material, but shall maintain the same in a neat and orderly condition throughout the construction
period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the
place and manner of disposal.
On or before the completion of the work, the Contractor shall without charge therefor carefully clean out all
pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her
and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in
first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one (1) 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 (10) 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 (5%) of the final contract
price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.
North State Street Sewer Main
Improvement Project 25 Spec. No. 14-04
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner
and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of
all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine
the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid
for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of
the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the
classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall
have the power to reject or condemn all work or material which does not conform to the terms of this
contract, his or her estimate and decision in all matters shall be a condition precedent to an appeal for
arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation
under this agreement and a condition precedent to any liability on the part of the City to the Contractor on
account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other
cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties
and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the wor k.
The Engineer and his or her representatives shall at all times have access to the work whenever it is in
preparation or progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any
work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness
for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such
inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If
any work shall be covered up without approval or consent of the Engineer, it must, if required by the
Engineer, be uncovered for examination and properly restored at the Contractor's expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered
by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay
the cost of re-examination and replacement. If such work is not in accordance with the contract documents,
the Contractor shall pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City
limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship
of those portions of the work to which they are assigned, either individually or collectively, under instructions
of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract
provisions which may come to their notice. Any inspector may be considered to have the right to order the
work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary,
until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of
all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make
sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all
slope stakes and batter boards. Contractor shall also develop all additional working points, lines and
elevations as he or she may desire to facilitate his or her methods and sequence of construction.
Contractor shall provide “cutsheets” for the Engineer to review and use in checking grades. Finished grades
shall be within 1/8th inch in elevation and 1/3 inch horizontal layout.
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
Spec. No 14-04 26 North State Street Sewer Main
Improvement Project
undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the
imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the
payments due or to become due the Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions
from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or
amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of
construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the
work under this contract shall not exceed 10 percent (10%) of original contract amount or twenty-five
thousand dollars ($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 Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall
proceed with the work as changed and the value of such change shall be determined as provided for in
section 10-07 of these Special Provisions.
Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that
which is necessarily affected by such alterations and is clearly the evident intention of the parties to this
contract.
7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution
are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In
addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time
during the progress of the work as are necessary to make clear or to define in greater detail the intent of the
Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all
such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor
has not taken sufficient precautions for the safety of the public or the protection of the works to be
constructed under this contract, or of adjacent structures or property which may be injured by the processes
of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall
arise and immediate action shall be considered necessary in order to protect public or private, personal or
property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide
suitable protection to the said interests by causing such work to be done and such material to be furnished
as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the
same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any
amounts due or to become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the
Contractor from any damages which may occur during or after such precaution has been taken by the
Engineer.
7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five
(5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days
after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the
Contractor for expense incurred by the Contractor in connection with the work under this contract as a result
of such suspension.
If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not
give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the
written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or
she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any,
plus 5 percent (5%) of the value of the work so abandoned, to compensate for loss of overhead, plant
expense and anticipated profit.
North State Street Sewer Main
Improvement Project 27 Spec. No. 14-04
7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she
should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed
on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail,
except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or
proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or
labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of
a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that
sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after
giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take
possession of the premises and of all materials, tools and appliances and finish the work by whatever
method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further
payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of
finishing the work, including compensation for additional managerial and administrative services, such
excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor
shall pay the difference to the City. The expense incurred by the City as herein provided and the damage
incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any
completed or partially completed portions of the work, notwithstanding the time for completing the entire work
or such portions which may not have expired; but such taking possession and using shall not be deemed an
acceptance of any work not completed in accordance with the contract documents. If such prior use
increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or
extension of time or both, as the Engineer may determine.
Spec. No 14-04 28 North State Street Sewer Main
Improvement Project
SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or
approved. Work shall be done and completed in a thorough and workmanlike manner.
8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the
Contractor shall furnish materials or manufactured articles or shall do work for which no detailed
specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and
workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in
stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due
consideration of the use to which they are to be put. In general, the work performed shall be in full
conformity and harmony with the intent to secure the best standard of construction and equipment of the
work as a whole or in part.
8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or
specified by patent or proprietary name or by the name of the manufacturer, such specification shall be
considered as used for the purpose of describing the material or equipment desired and shall be considered
as followed by the words "or approved equal". The Contractor may offer any material or equipment which
shall be equal in every respect to that specified, provided that written approval first is obtained from the
Engineer.
8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the
Contractor for supplies grown, manufactured or produced in the State of California and, next, for such
products partially produced in this State in accordance with Government Code Section 4332.
8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and
fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may
be made.
8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor
shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and
detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the
provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates
the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval;
otherwise, one (1) copy will be returned with an explanation of why the equipment or material is
unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any
delay due to the revision of drawings or rejection of material. Fabrication or other work performed in
advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material,
the Contractor shall not deviate in any way from the design and specifications given without the written
consent of the Engineer.
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use
in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in
such quantities and sizes as may be required for proper examination and tests, with all freight charge s
prepaid and with information as to their sources.
All samples shall be submitted before shipment and in ample time to permit the making of proper tests,
analyses, or examination before the time at which it is desired to incorporate the material into the work. All
tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and
tested whenever necessary to determine the quality of the material.
North State Street Sewer Main
Improvement Project 29 Spec. No. 14-04
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools,
machinery, apparatus and labor and by such methods as are necessary to the complete execution of
everything described, shown, or reasonably implied. If at any time before the beginning or during the
progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of
execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required
quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or
her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance
with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her
obligation to secure the degree of safety, the quality of the work and the rate of progress required of the
Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her
plant, equipment and methods.
9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall
complete and make ready for full use all portions of the project made the subject of this contract within the
time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all
delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part
of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in
the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily
prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the
time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the
Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such
interruptions as may occur in the prosecution of the work on account of the reasonable interference of other
contractors employed by the City which do not necessarily prevent the completion of the whole work within
the time herein specified.
9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this
contract shall include all delays which may result, through cause beyond the control of the Contractor and
which he or she could not have provided against by the exercise of care, prudence, foresight and diligence.
Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or
the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of
other contractors under contract with the City will be considered unavoidable delays, so far as they
necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally
adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts
of rainfall, temperatures or other weather conditions for the location of the work and time of year may be
considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the
work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in
any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable
delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its
cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or
continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered
avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the
work are to be delayed thereby.
9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as
herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time
proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and
liquidated damages for delay shall not be charged against the Contractor by the City during an extension of
time granted because of unavoidable delay or delays.
Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice
delivered to the Engineer within fifteen (15) days of the occurrence of the event giving rise to the claim.
Spec. No 14-04 30 North State Street Sewer Main
Improvement Project
Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the
full extent of the claim and all supporting data must be delivered to the Engineer within forty-five (45) days of
the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must
be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the
work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be
constructed while these conditions remain, unless, by special means or precautions approved by the
Engineer, the Contractor shall be able to overcome them.
The Contractor shall be granted a time extension of one (1) day for each unfavorable weather day which
prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such
unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing
the work more than four (4) continuous hours within the authorized work period or a temperature day where
the ambient temperature is below that specified for the placement of materials associated with the controlling
work item for more than four (4) continuous work hours of the authorized work period.
9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m.
and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper
care and protection of work already performed, or except in cases of absolute necessity and in any case only
with the permission of the Engineer.
It is understood, however, that night work may be established as a regular procedure by the Contractor if he
or she first obtains the written permission of the Engineer and that such permission may be revoked at any
time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable
prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any
subcontractor shall not require or permit more than eight (8) 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 (8) 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.
North State Street Sewer Main
Improvement Project 31 Spec. No. 14-04
SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of
certificates in writing from the Engineer and shall show that the work covered by the payments has been
done and the payments thereof are due in accordance with this contract.
10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each
month, make an estimate of the value of the work performed in accordance with this contract during the
previous calendar month.
The first estimate shall be of the value of the work satisfactorily completed in place and meeting the
requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value
of the work satisfactorily completed in place since the last preceding estimate was made; provided, however,
that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer
shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated
damages to the date of said estimate, until such time as the compliance with the program has been restored.
The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to
the Contractor in the manner provided by law, an amount equal to 95 percent (95%) 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) 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 one hundred and eighty (180) days'
maturity, nor represent more than 10 percent (10%) of the outstanding paper of an issuing
corporation.
(f) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as
bankers acceptances, which are eligible for purchase by the Federal Reserve System.
(g) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan
association.
Spec. No 14-04 32 North State Street Sewer Main
Improvement Project
(h) The portion of bank loans and obligations guaranteed by the United States Small Business
Administration or the United States Farmers Home Administration.
(i) 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).
(j) 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.
(k) Bonds, debentures and notes issued by corporations organized and operating within the United
States. Such securities eligible for substitution shall be within the top three ratings of a nationally
recognized rating service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall
arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any
interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory
completion of the contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in
the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure
performance of the Contract. In order to comply with this condition, Contractor shall deposit additional
securities as necessary upon request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure
performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and
executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall
specify, among other matters, value of securities to be deposited; procedures for valuing the securities and
for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to
the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in
case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow.
City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral
right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the
whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the
completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to
the actual completion of the work in accordance with the terms of the contract and shall thereupon
recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance
of the work done under this contract, make a final estimate of the amount of work done thereunder and the
value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or
cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due
hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of
this contract prescribe.
In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of
completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault
of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for
a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate
of 6 percent (6%) 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 (20th) 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
North State Street Sewer Main
Improvement Project 33 Spec. No. 14-04
case of the final estimate, from the forty-fifth (45th) day after acceptance to the date of payment of the final
estimate.
The date of payment of any estimate shall be considered the day on which the payment is offered or mailed
as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed
payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the
interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or
any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain.
10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work
under this contract ordered by the Engineer and approved by the City increase the amount of work to be
done, such added work shall be known as "extra work"; and when such corrections, alterations, or
modifications decrease the amount of work to be done, such subtracted work shall be known as "work
omitted".
When the Contractor considers that any changes ordered involve extra work, he or she shall immediately
notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is
to be performed and shall make claim for compensation therefor each month not later than the first (1st) day
of the month following that in which the work claimed to be extra work was performed and he or she shall
submit a daily complete statement of materials and labor used and expenses incurred on account of extra
work performed, showing allocation of all materials, labor and expenses.
All such claims shall state the date of the Engineer's written order and the date of approval by the City
authorizing the work on account of which claim is made. Unless such notification is made in writing within
the time specified and unless complete statements of materials used and expenses incurred on account of
such extra work are furnished as above required, the Contractor shall not be entitled to payment on account
of extra work and Contractor shall be deemed to have waived the right to make any future claims for
compensation for such extra work.
When changes decrease the amount of work to be done, they shall not constitute a claim for damages on
account of anticipated profits on the work that may be omitted.
10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or
modifications in the work under this contract change the amount of work to be done or the amount of
compensation due the Contractor, excepting increases or decreases in contract items having unit contract
prices for each measurable quantity installed in place, and such changes have been ordered in writing by the
Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be
agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra
work pursuant to the provisions of Section 4-1.03 D, "Extra Work", and Section 9-1.03, "Force Account
Payment" of the California Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is
required or reasonably implied to be performed or furnished under this contract.
10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is
not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to
extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge
to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering,
inspection, superintendence and other overhead expenses which are directly chargeable to the contract and
which accrue during the period of such extension, except that the cost of final unavoidable delays shall not
be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the
essence and that, in case all the work is not completed before or upon the expiration of the time limit as set
forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it
is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is
therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for
each and every calendar day's delay beyond the time prescribed.
Spec. No 14-04 34 North State Street Sewer Main
Improvement Project
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 thereunder,
shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies
available to any or all of them which are otherwise imposed or available by law or contract, by special
warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph
shall be as effective as if repeated specifically in the contract documents in connection with each particular
duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract
document shall survive final payment and termination or completion of this contract.
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.
North State Street Sewer Main
Improvement Project 35 Spec. No. 14-04
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. 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
12-02. Arrangement of Plans. The Plans consist of seven (7) sheets, which are bound as a separate
document and are hereby made a part of the Contract Documents.
12-03. 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.
12-04. Permits. The Contractor shall provide, procure, and pay for all permits including encroachment
permits required to carry on and complete this work. The City will issue a no fee encroachment permit to the
Contractor allowing him to perform work within City right of way after the Contract documents have been
executed and insurance certificate and endorsements have been approved by the City.
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." The Standard Specifications and Standard Plans of the California State Department of
Transportation, 2010, are hereby made a part of these Special Provisions for Section 13-15 “Hot Mix
Asphalt” only.
Whenever in the California Standard Specifications and the California Standard Plans the following terms are
used, they shall be understood to mean and refer to the following:
Department of Transportation - The City Council.
Director of Public Works - The City of Ukiah Director of Public Works.
Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized
agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in
the contract.
State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have
the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.
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
Spec. No 14-04 36 North State Street Sewer Main
Improvement Project
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of
said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all
damages to existing facilities which are a result of the work.
12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish
such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours,
pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the
public that work is in progress and that dangerous conditions exist, to provide access to abutting properties
and to permit the flow of pedestrian, cyclists, and vehicular traffic to safely and expeditiously pass the work.
Should the Contractor fail to provide public safety as specified or if, in the opinion of the Engineer, the
warning devices furnished by the Contractor are not adequate, the City may place any warning lights or
barricades or take any necessary action to protect or warn the public of any dangerous condition connected
with the Contractor’s operations and the Contractor will be liable to the City for, and the City may deduct from
amounts due or that may become due the Contractor under the Contract, all costs incurred including, but
limited to, administrative costs.
12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience,” 7-1.09, "Public
Safety,” Section 12, "Construction Area Traffic Control Devices,” and 12-2.02, "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.
When leaving a work area and entering a roadway carrying public traffic, the Contractor’s equipment,
whether empty or loaded, shall in all cases yield to public traffic.
The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and
designated City holidays, after 3:00 pm, Fridays and the day preceding designated City holidays, and when
construction operations are not actively in progress.
Designated City holidays are: January 1st, the third Monday in January, the third Monday in February, the last
Monday in May, July 4th, the first Monday in September, the second Monday in September, the second
Monday in October, the second Monday in November, Thanksgiving Day, the day following Thanksgiving
Day, December 24th, December 25th, December 31st. When a designated City holiday falls on a Sunday, the
following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the
preceding Friday shall be a designated City holiday.
Minor deviations from the requirements of this section concerning hours of work which do not significantly
change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of
the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted
until the Engineer has indicated his written approval. All other modifications will be made by contract chan ge
order.
At the end of each working day if a difference in excess of two (2) inches exists between the elevations of the
existing pavement between lines, the contractor shall furnish and place portable delineators along said drop-
off. “Do Not Pass” signs shall also be placed at five hundred (500) feet intervals when delineators are
required. Full compensation for furnishing and placing delineators and signs shall be considered as included
in the various items of work and no additional compensation will be allowed.
Whenever the Contractor’s operations obliterate pavement delineation (lane lines, either pavement markers
or painted lines or both, or temporary delineation), such pavement delineation shall be replaced by either
permanent or temporary delineation before opening the traveled way to public traffic. Temporary delineation
North State Street Sewer Main
Improvement Project 37 Spec. No. 14-04
shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches
wide spaced not more then 10 feet apart on curves nor more than 20 feet apart on tangents. Reflective traffic
line tape shall be applied in accordance with the manufacturer’s instruction. Full compensating for temporary
delineation shall be considered as included in the prices paid for the contract items of work that obliterated
the existing delineation and no separate payment will be made.
Payment: Full costs for “Maintaining Traffic”, including “Flagging Costs”, shall be considered as part of the
lump sum payment for Traffic Control System and no additional compensation will be made.
12.09. Traffic Control System for Lane and Ramp Closure. A traffic control system shall consist of
closing traffic lanes and ramps in accordance with the Caltrans Manual of Traffic Controls for Construction
and Maintenance Work Zones, the provisions of Section 12, “Construction Area Traffic Control Devices”, of
the Standard Specifications, and provisions under "Maintaining Traffic" elsewhere in these Special
Provisions.
The provisions in this section will not relieve the CONTRACTOR from their responsibilities that may be
necessary to comply with the provisions in Section 7-1.09, "Public Safety", of the California Standard
Specifications.
The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood
in the State Right-of-Way.
The Contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of
one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic
control during construction. At a minimum the plan shall incorporate the following restrictions.
No more than two adjacent streets crossing the project site will be closed to cross traffic at any one
time.
A minimum of one 12-foot wide through lane shall be provided through the length of the working
area, except that traffic may be delayed up to 15 minutes.
The following information shall be included in the Traffic Control Plan:
Sequencing of construction.
Street layout, with street names and direction of flow.
Location and types of construction area signs (including pedestrian notification).
Locations of barriers or other traffic control devices.
Location of flaggers.
A contingency plan for how to handle emergency vehicles.
The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved
by the Engineer. The City reserves the right to delay the Contractor’s operations until such time that a Traffi c
Control Plan has been reviewed and approved by the Engineer.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from
any cause, during the progress of the work, the Contractor shall immediately repair said component to its
original condition or replace said component and shall restore the component to its original location.
When lane closures are made for work periods only, at the end of each work period, all components of the
traffic control system, except portable delineators placed along open trenches or excavation adjacent to the
traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, said
components may be stored at selected central locations, approved by the Engineer, within the highway right-
of-way.
Payment: The contract lump sum price paid for Traffic Control System shall include full compensation for
furnishing a Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment and
incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new
locations, replacing and disposing of the components of the traffic control system as shown on the plans, as
Spec. No 14-04 38 North State Street Sewer Main
Improvement Project
specified in the California Standard Specifications and these special provisions, and as directed by the
Engineer.
12-10. 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.
12-11. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's
sole responsibility to arrange such services as necessary.
In additions to USA notifications per section 12-18, the Contractor should be prepared to contact the various
agencies directly.
Utilities shown on the plans have uncertain depths. The record information available indicates that this work
should not conflict with existing utilities. However, all utility companies recommend/ require that the
Contractor pot hole at sufficient intervals along the USA markings to the depth of work on this project as a
check.
Coordinate work with various utilities within project limits. Notify applicable utilities at least two days before
commencing work or if damage occurs, or if conflicts or emergencies arise during work.
1. Ukiah Water & Sewer Departments
a. Contact person: Dan Hunt, Supervisor
b. Telephone (707) 467-5790
2. Ukiah Electric Department
a. Contact person: Tim Santo, Electric Supervisor
b. Telephone (707) 467-5778
3. Pacific Gas and Electric
a. Contact person: Gary Farnsworth, Gas and Electric Construction Supervisor
b. Telephone (707) 468-3955, Pager (707)466-6363
4. AT&T
a. Contact person: Bernie Sopp, Construction Supervisor
b. Telephone: (707) 468-2811, cell (707)391-0172
Payment: Full compensation for Utility coordination shall be considered as included in the prices paid for
various contract items of work and no additional allowances will be made therefore.
12-12. Preconstruction Conference. A preconstruction conference will be held before any work will be
allowed to commence. This meeting will cover inspection, schedule for work, offsite yards, subcontractors,
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, including disposal sites and traffic
control plans.
12-13. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of
Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or
modifications thereto, in effect during construction of this project.
12-14. Existing Utilities. In general, the locations of existing utilities are indicated on the drawings and/ or
will be marked on the ground at the site. The accuracy of completeness of this information is not guaranteed,
however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless
otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits,
structures, house connections lines and other surface or subsurface structures of any nature that may be
affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or
damaged by him or her during the progress of the work; provided, that should the Contractor in the
performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature
arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor.
North State Street Sewer Main
Improvement Project 39 Spec. No. 14-04
In case it should be necessary to move permanently or to maintain temporarily the property of any public
utility or other property, the cost must be borne by the Contractor. However, the City reserves the right, if
requested by the owner, to permit the owner to move or maintain the utility at the Contractor’s expense. All
existing utilities shall be kept in service during the progress of the work. Where protection is required to
insure support located substantially as shown on the Project Plans, the Contractor shall furnish and place the
necessary protection at his or her expense.
The right is reserved to the State, the County, or the City therein and to the owners of public utilities and
franchised, to enter upon any street, road, right-of-way or easement for the purpose of maintaining or of
making necessary repairs or changes in their property made necessary by the work.
12-15. Cooperation. Attention is directed to Section 7-1.14 of the California Standard Specifications.
Other construction work by other forces relocation power lines, telephone lines and pipe lines, and
construction other improvement, may be in progress within and adjacent to the limits of this contract at the
time work under these Special Provisions is being performed.
The Contractor for the work herein specified shall cooperate with the force engaged in performing other work
as above described to the end that such forces may conduct their operations with as little inconvenience and
delay as possible, and the Contractor shall permit such forces passage through the work as is reasonable
and necessary to transport their materials and equipment to the site of their operations.
Full compensation for conforming to the requirements of this article shall be considered as included in the
prices paid for the various c0ntract items of work and no additional allowance will be made therefore.
12-16. Dust Control. Dust control shall conform to the provisions in Section 10 of the California Standard
Specifications and these Special Provisions.
Full compensation for dust control shall be considered as included in the prices paid for the various contract
items of work, and no additional compensation will be allowed therefore.
12-17. Existing Highway Facilities. The work performed in connection with various existing highway
facilities shall conform to the provisions in Section 15 of the California Standard Specifications and these
Special Provisions.
All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-
way.
Such disposal shall conform to the provisions in Section 7-1.13, “Disposal of Material Outside the Highway
Right-of-Way.”
12-18. 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
The Contractor will be required to work around public and private utility facilities and other improvements that
are to remain in place within the construction area and he will be held liable to the owners of such facilities or
interference with service from his operations.
Spec. No 14-04 40 North State Street Sewer Main
Improvement Project
SECTION 13. CONSTRUCTION DETAILS
13-01. Order of Work. General. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. Physical work on the site shall not commence until a “No Fee” encroachment permit is issued by the City of Ukiah. Measurement and 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 and no additional compensation will be allowed therefor. 13-02. Location and Scope of Work and Order of Work. The work is located on North State Street between Brush Street and Garrett Drive and involves the construction of new 8” sewer main and associated appurtenances, and the abandonment/removal of existing sewer system. Existing traffic signal, power and telephone lines in the vicinity of the work shall be protected from injury by Contractor during construction and until completion of the work. Contractor shall be liable for all damages to such facilities. There are a number of existing underground utilities located within the project limits. It is the Contractor’s responsibility to verify the horizontal and vertical locations of all utilities a minimum of 7 working days in advance of doing water main work. Any conflicts shall be brought to the attention of the Engineer. Incidental items of construction necessary to complete the whole work in a satisfactory and acceptable manner as shown on the Project Plans and as provided for in the Special provisions and not specifically referred to in this section will be understood to be furnished by the Contractor. All areas or fixtures disturbed by the Contractor’s activities shall be restored to their original condition. The Contractor should familiarize himself with the local conditions of the project site. 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 Rick Seanor at (707) 463-6296. 13-03. Preservation of Property. The Contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the California Standard Specifications and to these Special Provision. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore. Protect existing surveying control points and monuments within the project areas. Any disturbed survey control points and monuments shall be reset by a Land Surveyor registered in the State of California. Payment: Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no separate compensations will be allowed therefore.
13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the
California Standard Specifications and these Special Provisions. Water shall not be obtained from any of the
nearby property owners without their written permission.
Payment: Full compensation for developing and applying water conforming to the above requirements shall
be considered as included in the prices paid for the various contract items of work requiring water, and no
additional compensation will be allowed therefore.
13-05. Cost Break-Down. Cost break-downs shall conform to the provisions in Section 86-1.03, "Cost Break-Down," of the California Standard Specifications and these Special Provisions. The Engineer shall be furnished a cost break-down for each contract lump sum item of work described in these Special Provisions.
North State Street Sewer Main
Improvement Project 41 Spec. No. 14-04
The cost break-down shall be submitted to the Engineer for approval within 10 days after the contract has been approved. The cost break-down shall be approved, in writing, by the Engineer before any partial payment for the pertinent items of work will be made.
13-06. Surplus Material. All material removed or excavated during the course of construction will be
surplus. All surplus material will be the property of the Contractor and be disposed of outside the right-of-
way.
13-07. Mobilization. Mobilization shall conform to the provisions in Section 11, “Mobilization“, of the
California Standard Specifications.
Mobilization shall include the obtaining of all permits, moving onto the site of all equipment, temporary
buildings, if needed, and other construction facilities as required for the proper performance and completion
of the work.
Mobilization shall include but not be limited to the following principal items:
1. Signed Contract by the City and the Contractor.
2. Completion of all tasks and submittal of all documents (bonds, insurance, schedule, etc.) required as
conditions of issuing the Notice to Proceed.
3. Moving onto the site of all Contractor’s equipment required for operations.
4. Installing temporary construction water supply, power, wiring and lighting facilities, as required.
5. Providing field office trailers if needed by the Contractor.
6. Providing all on-site communication facilities, including telephones and radio pagers.
7. Obtaining all required permits.
8. Having all OSHA required notices and establishment of safety programs.
9. Attendance at Pre-Construction Conference of Contractor’s principal construction personnel.
10. Beginning work on the project or at the subject site as applicable, including submittal of required
Construction Schedule to Engineer.
Payment: Mobilization will be measured and paid for as a lump sum which price shall include all labor,
materials, and equipment and incidentals, and for doing all work involved in mobilization and specified
herein.
13-08. Clearing and Grubbing. Clearing and grubbing shall conform to the provisions in Section 16,
“Clearing and Grubbing,” of the California Standard Specifications. Concrete removal shall conform to
applicable provisions of Section 15-3, “Removing Concrete,” of the California Standard Specifications and
these Special Provisions.
The Contractor’s attention is directed to Section 7-1.11, “Preservation of Property” of the California Standard
Specifications.
All concrete which is to be removed from sidewalk, curb, gutter, and gutter pan, shall be removed to the
nearest score mark or construction joint as directed by the Engineer unless otherwise noted on plans.
Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will
be made for the removal of such steel.
Sawcut: Where no joint exists between concrete or asphalt concrete to be removed and concrete or asphalt
concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to a minimum depth
Spec. No 14-04 42 North State Street Sewer Main
Improvement Project
of 2 inches with a power driven saw before the concrete or asphalt concrete is removed. All sawcutting
operations shall be “wet” for dust control purposes.
Full compensation for concrete saw cutting, removal and disposal will be considered as included in the prices
paid for various contract items of work, which price shall include full compensation for furnishing all labor,
materials, tools and equipment and doing all work involved in concrete saw cutting and removal of sidewalk,
curb & gutter, as specified herein, and as directed by the Engineer and no additional allowance will be made
therefor.
All improvements which are not planned to be removed as part of this work, but are damaged or destroyed
by reason of the Contractor’s operations shall be replaced in kind or restored to a condition as good as when
the Contractor encountered the work at the Contractor’s expense.
The Contractor shall dispose of all debris off site and in a legal manner.
Payment: Full compensation for clearing and grubbing shall be considered as included in the prices paid for
the various contract items of work and no additional allowance will be made therefore.
13-09. Aggregate Base. Aggregate base shall be Class 2, ¾” maximum gradation, conforming to the
provisions in Section 26, “Aggregate Bases,” of the California Standard Specifications. Aggregate base shall
be placed, moisture conditioned, graded, and compacted to the grade or limits shown on the plans.
Quality Requirements: The minimum sand equivalent shall be 31 for any individual test.
Payment: Full compensation for aggregate base shall be considered as included in the prices paid for the
various contract items of work and no additional allowance will be made therefore.
13-10. Asphalt Concrete Trench Paving. Asphalt concrete and the placing thereof shall conform to the
requirements of Section 39, “Asphalt Concrete,” of the California Standard Specifications, and these Special
Provisions.
Asphalts: Temporary paving on all trenches shall be cold mix asphalt concrete installed a minimum 2” thick
placed each day over the work.
The amount of asphalt binder to be mixed with the aggregate will be specified by the Engineer at the time of
paving. A different asphalt binder content may be specified for each lift and each location.
General Requirements: The Contractor shall provide compaction of backfill and base material as the job
progresses, each day. Temporary paving will be placed over the work, each day, leaving not more than 25
feet unpaved. This temporary paving shall be removed for final trench paving. The balance of the trench
shall be covered with skid resistant steel plates (with a coefficient of friction of 0.35 or greater per CTM342),
capable of sustaining normal (H20) traffic loads without shifting or bouncing, and shall be secured per
Caltrans requirements. Cold Mix asphalt concrete shall be placed and compacted around all edges of steel
plates with a sufficient width and gradual slope in order to provide a smooth transition to existing pavement.
Finished asphalt trench paving shall be even, smooth riding and have an appearance that is compatible to
the surrounding surface, unless proper written approval has been provided by the Engineer.
The Engineer may require additional paving beyond the minimum dimensions shown in STD. 220 (36”
beyond the trench wall), or as shown on the plans, where records indicate that the existing pavement or
structural section is as shown on the plans.
Asphalt concrete used for temporary trench paving shall be removed and disposed of in accordance with the
Standard Specifications, Section 7-1.13 “Disposal of Materials Outside the Highway Right-of-Way”.
Payment: Full compensation for furnishing and installing temporary and permanent trench paving asphalt
shall be considered as included in the prices paid for the various contract items of work and shall include full
compensation for furnishing all labor, materials, tools, equipment and doing all work involved in placing
North State Street Sewer Main
Improvement Project 43 Spec. No. 14-04
permanent trench paving, including but not limited to: saw cutting, tack coat, compaction and any other work
required for permanent trench paving no additional allowance will be made therefor.
13-11. Curb, Gutter, and Sidewalk. Portland cement concrete curb, gutter and sidewalk, shall be
constructed in conformance to the standard details and details shown on plans and at the locations shown
on the plans and in accordance with the applicable provisions of the City Construction Specifications and
these special provisions. Contractor shall be responsible for replacing all Portland cement concrete surfaces
damaged or destroyed by his operations at no additional cost to the City.
The work shall be constructed of minor concrete conforming to the provisions in the Standard Specifications
Section 90-10, “Minor Concrete,” except as follows:
The maximum size of aggregate used for extruded or slip-formed curb construction shall be at the option of
the Contractor, but in no case shall the maximum size be larger than one inch nor smaller than 3/8 inch.
The cement content of the minor concrete shall not be less than 463 pounds per cubic yard, except that
when extruded or slip-formed curbs are constructed using 3/8 inch maximum size aggregate, the cement
content shall be not less than 548 pounds per cubic yard.
All concrete which is to be removed from curb and gutter areas shall be removed to the nearest construction
joint or as directed by the Engineer. Said joint shall be sawcut to eliminate any defects.
All concrete which is to be removed from sidewalks shall be removed to the nearest transverse score mark
across the full width of sidewalk or construction joint as directed by the Engineer. Joints between old and
new concrete shall be neat and free of defects. Sawcutting may be required to achieve this effect.
All soft or spongy material shall be removed and replaced with suitable material as required by the Engineer.
Concrete curb, gutter, and sidewalk shall be cured in accordance with the requirements of Section 90-7,
“Curing Concrete,” of the California Standard Specifications except that the Contractor may substitute other
than a pigmented sealer upon the approval in writing of such substituted sealer by the Engineer.
All oil, paint, tire marks, and other discoloring shall be removed from the curb and gutter by sandblasting
prior to acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblastin g.
Full compensation for constructing and installing curb ramp detectable warning surfaces shall be considered
as included in the contract price paid per each for pedestrian ramps and no separate payment will be made
therefore.
Payment: Full compensation for removing and constructing new curb, gutter and sidewalk shall be
considered as included in the prices paid for the pipe items and no additional allowance will be made
therefor.
13-12. Sanitary Sewer Main. All sanitary sewer system components and related items shall be constructed
in accordance with these Special Provisions, the Plans, the City Standards and the latest version of the
Standard Specifications, any deviation must first be approved in writing by the Engineer.
Permanent paving shall not take place until all underground work is finished, except as otherwise
noted in these Special Provisions, and the City has given written notice of acceptance to the
Contractor, unless otherwise directed or approved by the Engineer.
Materials: Sanitary Sewer pipe to be installed shall be SDR 35 PVC as specified in Sections 71-1.02A and
71-1.06A, and shall conform to these Special Provisions, the Plans, the City Standards, and as directed by
the Engineer.
Couplings used to connect PVC pipe to PVC pipe shall be SDR 35 PVC Gasketed type. Transition couplings
shall have stainless steel sheer bands and submittals are required.
Spec. No 14-04 44 North State Street Sewer Main
Improvement Project
The pipe manufacturer shall legibly mark pipe materials. Name and/or trademark of manufacturer, nominal
pipe size and manufacturing standard reference number shall be printed on the pipe.
Excavation and Backfill: Excavation and backfill of sanitary sewer line trenches under this contract shall
conform to City Standard STD-220, or as modified on the Plans and/or in these Special Provisions.
Blasting will not be permitted.
Contractor shall exercise caution when working in close proximity to existing trenches.
Trenching operations shall be conducted in such a manner that will not disturb existing facilities. The
Contractor shall incur all costs associated with repairs needed, in the opinion of and to the satisfaction of the
Engineer, by any such damage due to their operations.
All excavated material shall be removed from the job site the same day unless otherwise specified by the
Engineer.
Excavations around new and existing manholes shall be a minimum of 24 inches wider than the barrel
section. All excavations shall be able to accommodate equipment and personnel required for backfilling and
compaction testing. . If, in the opinion of the Engineer, typical compaction methods cannot be used, the
Engineer may require the use of a pneumatic Pogo Stick/Powder Puff type compactor at no additional cost to
the City.
Pipe Laying: The Contractor shall provide the equipment, materials and personnel to maintain continuous
sanitary sewer service to all customers, 24 hours a day and 7 days a week during construction, including but
not limited to the installation of temporary lines and pumping equipment at no additional cost to the City
unless otherwise specified in these Special Provisions. Any deviation from this requirement must first be
approved by the Engineer. Sewage must be controlled in a pipeline at all times and flows or leaks in the
street or open ditches will not be allowed. The Contractor shall submit a temporary connection plan to the
City for approval prior to start of work. The temporary connection plan shall include a schedule of work. The
Contractor shall continuously monitor the upstream manhole of any temporary connection. Any deviation
from this requirement must first be approved by the Engineer.
It is the Contactor’s responsibility to ensure that sanitary sewer pipe is laid and bedded on sound materials,
existing and new. Any field conditions that may affect alignment and/or grade shall be brought to the
attention of the Engineer prior to installation. All disturbed native material must be removed from the trench
prior to the installation of new bedding material.
If proper separation between new sanitary sewer lines and water mains, per the latest guidelines from the
California Department of Public Health (CDPH), formerly the Department of Health Services (DHS) cannot
be maintained, the Contractor shall inform the Engineer immediately to get direction, unless direction is
already provided on the Plans or in these Special Provisions.
At locations where a new sanitary sewer main is to be installed into or out of an existing manhole the
manhole shall be modified to accept the new size of pipe, including any chipping and/or grouting required to
form an acceptable flow channel in the manhole base. The wall of the manhole shall be breached by core
drilling, sawing, or other approved technique, which does not disturb the manhole any more than the
aforementioned cutting techniques. The Contractor shall seal the penetration with StopAQ™ or an approved
equivalent water stop and shall grout the sealed penetration to protect sealer. The Contractor shall also
backfill the exterior of the manhole around the pipe penetration with concrete to stabilize the connection.
Sewer Laterals: Sanitary sewer laterals shall be installed or replaced in accordance with City Std. 210, and
any modifications herein or on the Project Plans.
The estimated location of the existing sanitary sewer laterals as depicted on the Project Plans are based on
record information, television inspection and field evidence. This information is available for review upon
request. The City assumes no responsibility for the accuracy of this information or the inadvertent omission
of any such information. Not all existing sanitary sewer laterals are guaranteed to be located through these
North State Street Sewer Main
Improvement Project 45 Spec. No. 14-04
means and the Contractor may, therefor, encounter sanitary sewer laterals not shown on the Project Plans.
The Contractor shall have the sole responsibility for locating all existing live laterals within the project limits.
Prior to the installation of each individual new sanitary sewer wye on the main, the Contractor shall
determine the exact location of the existing sanitary sewer lateral at the back of sidewalk. Two acceptable
methods of locating a sanitary sewer lateral at the back of sidewalk are:
1. Removing sidewalk and/or potholing by hand digging at the back of sidewalk to locate the existing
lateral pipe a minimum of 24 hours prior to sanitary sewer main installation in that area.
2. Inserting a metallic electrician’s “fish tape” into the existing lateral pipe after the pipe is exposed
during sanitary sewer main excavation and tracing the “fish tape” to the back of sidewalk using a pipe and
cable metal locator.
If the Contractor chooses to use method 2 and cannot locate the existing sanitary sewer lateral at the back of
sidewalk or PUE, they shall locate the lateral by potholing at the back of sidewalk or PUE prior to the
installation of the wye at the main at no additional cost to the City.
Typically, each active sanitary sewer lateral found to exist shall be replaced.
If the Contractor encounters an active sanitary sewer lateral not shown on the Project Plans or a sanitary
sewer lateral that is shown to be replaced but appears to be inactive, they shall notify the Engineer
immediately.
Sanitary sewer laterals shall be installed perpendicular to the curb unless otherwise depicted on the Project
Plans. Any lateral that is not installed perpendicular to the curb shall have one continuous piece of No.12
insulated solid copper wire installed in the following manner:
1. Wrap wire two times around wye connection at main and secure.
2. Lay both ends on top of and along the lateral to the cleanout and up the cleanout riser. Both ends of
wire shall extend approximately 6” beyond riser.
3. Secure wire to top of lateral pipe at approximately 5’ intervals. Ends of wire must be easily
accessible inside the cleanout box.
Active sanitary sewer laterals are to remain in service at all times. The Contractor shall install a temporary
connection between the new wye and the existing lateral until the new sanitary sewer lateral is constructed.
If the Project Plans show new sewer main invert(s) proposed to be at a higher elevation than the existing
invert(s) the Contractor shall submit a temporary connection plan to the Engineer for approval a minimum of
5 working days prior to start of work. The temporary connection plan shall include a schedule of work. The
Contractor shall continuously monitor the upstream manhole of any temporary connection.
Plastic flex pipe may be used for temporary connections between active existing sanitary sewer laterals and
the new wyes on the main. Plastic flex pipe shall be the same size as the existing lateral pipe and shall be
connected to the new wye and the existing lateral by means of a Fernco coupling, or approved equivalent.
Squeezing the flex pipe and inserting it into the cut end of the existing lateral or into the lateral opening of the
wye will not be allowed. All temporary connection material shall be removed from the trench prior to final
compaction.
Temporary sanitary sewer lateral connections shall be replaced with permanent laterals after installation of
the sanitary sewer mainline is completed for each block, or at a maximum of 20 calendar days, whichever is
sooner.
Provide 1’ minimum clearance between wyes on all sanitary sewer mains as measured between adjacent
bell ends.
Spec. No 14-04 46 North State Street Sewer Main
Improvement Project
Sanitary sewer wyes installed at incorrect locations shall be removed and replaced with a 4’ minimum length
of pipe and approved couplings. Capping of wyes installed at incorrect locations will not be allowed. Prior to
installing wyes on the main, and regardless to what the Project Plans show, the Contractor shall investigate
to ensure that the proposed alignment of new laterals will not be in conflict with any other facilities, existing or
proposed. If the Contractor determines that a conflict is possible, the Engineer shall be notified immediately
to provide direction.
A minimum separation of 3’ shall exist between new sanitary sewer laterals and existing water and gas
services. If this separation requirement cannot be met, the Contractor shall notify the Engineer immediately
for direction prior to continuing work on this lateral. When a new water service is installed along with the new
sanitary sewer lateral the minimum separation shall be 5’.
One-way cleanouts shall typically be installed behind the face of curb as directed by the City in a Christy G5
box with a metal lid.
All sewer laterals constructed under curb, gutter and driveway culverts shall be done so utilizing a City
approved trenchless method unless otherwise shown on the Project Plans or approved by the Engineer. The
boreholes shall be only large enough to allow for the size of pipe to be installed. If the Contractor uses
another method that in the opinion of the Engineer disturbs the supporting soil, the Engineer may require, at
no additional cost to the City, the removal and replacement of any undermined curb, gutter or culvert, and/or
the use of CDF backfill. The limits of curb and gutter replacement as well as any necessary doweling, shall
be as required by the Engineer at no additional cost to the City. All installations under concrete planter
and/or sidewalk shall be open cut.
The Contractor shall remove and replace concrete planter strip and the full width of sidewalk for the
installation of sewer laterals to the nearest transverse score mark on both sides of the lateral. All areas of
sidewalk removed for construction shall be backfilled and compacted level with temporary asphalt concrete
or covered with 1” thick plywood, laid flat with a 6:1 taper on both ends.
Connections to existing laterals shall typically be made at back of sidewalk or PUE unless otherwise shown
on the Project Plans. Prior to making the connection the Contractor shall investigate to see if there is an
existing cleanout not already shown to be removed located beyond where the typical connection point would
be and up to three feet behind the back of sidewalk. If an existing cleanout is discovered within these limits
the Contractor shall remove it and any existing lateral piping as needed and then make the connection using
approved pipe and couplings.
A 4” high letter ‘S’ shall be legibly inscribed in the face of new and existing curbs at the location of each
lateral. Where bends are required behind the curb to make a connection an additional ‘S’ shall be legibly
inscribed at the back of sidewalk where the connection to the existing lateral was made.
All sanitary sewer laterals that have 3’ or less cover at the connection to the main, as depicted on the Project
Plans, shall have a ‘Clean Check PVC Extendable’ backwater valve or approved equivalent. Size of
backwater valve shall be same as lateral. The exact location shall be determined in the field by the Engineer
after the Contractor has located the alignment using a fish tape and pipe and metal locator or other approved
method. Backwater valves shall be installed with 1’ sections of pipe minimum on both ends and connected
to the existing lateral with approved couplings. 6” backwater valves shall be covered with a Christy G5 box,
or approved equivalent, and set to grade with a lid marked ’Sewer’. Backwater valves shall be set so the
riser pipe is not more than 5 degrees out of plumb. The Engineer must first approve any deviation from this
requirement.
Where an excavation for a new sanitary sewer lateral occurs within the drip line of any tree the Contractor
shall hand dig to protect tree roots. Root pruning shall be done in accordance with these Special Provisions
and accomplished by use of sharp tools appropriate for the size of the root to be cut. Each cut shall be clean
with no torn bark or splintered wood remaining on the root. Roots shall not be pulled on by excavating
equipment.
Existing irrigation facilities not shown on the Project Plans may be encountered during sanitary sewer lateral
installation. The Contractor shall repair any damage to existing irrigation facilities caused by their operations
North State Street Sewer Main
Improvement Project 47 Spec. No. 14-04
at the Contractor’s expense.
The Contractor shall notify and coordinate the replacement of individual sanitary sewer laterals with the
effected resident or business.
Abandonment and Removal of Existing Sanitary Sewer System: Existing sanitary sewer components to
be abandoned shall be done per these Special Provisions, any details shown on the Plans and/or as directed
by the Engineer.
Existing sanitary sewer system components shall be removed where shown on the Plans or to facilitate the
progress of work per these Special Provisions and the City Standards. The excavation shall then be
backfilled and compacted as specified in these Special Provisions and Section 19, “Earthwork,” of the
Standard Specifications with suitable fill material approved by the Engineer.
Sewer Structures: For the purpose of this contract all manholes, existing and new, shall be considered
confined spaces and treated as such.
All manholes, regardless of diameter, installed for this project shall have concentric tapered sections unless
otherwise approved or directed by the Engineer.
It is the Contactor’s responsibility to ensure that all sanitary sewer structures are bedded on sound materials,
existing and new. Any field conditions that may affect alignments and/or grades shall be brought to the
attention of the Engineer prior to installation. All disturbed native material must be removed from the trench
prior to the installation of new bedding material.
Concrete for manhole bases shall be minor concrete conforming to the applicable requirements of Section
90, “Portland Cement Concrete,” of the Standard Specifications. The Portland cement shall be Type V
conforming to ASTM Designation: C 150 or low-alkali Type II cement meeting the requirements for Type V
cement.
All cracks, chips and gaps on existing manholes left in service shall be patched and the entire interior surface
of all manholes, existing and new, shall be coated, including the flow channel down to spring line. Coating
and patching materials shall be per the Engineer's List of Approved Items and shall be applied in accordance
with the manufacturer's recommendations.
All manholes on active mains shall be accessible to City forces at all times unless otherwise approved by the
Engineer or specified in these Special Provisions.
Testing of Sanitary Sewers: The testing of sanitary sewers shall conform to the City of Ukiah Construction
Standards and these Special Provisions.
The Contractor shall provide all labor, tools, equipment, and materials required for testing and inspection of
the sanitary sewers.
The Contractor shall provide all means necessary, to the satisfaction of the Engineer that ensures
continuous service to all customers during and after work hours, weekends and holidays, including the
installation of temporary lines and/or temporary pumping equipment. Sewage must be controlled in a pipeline
at all times and flows or leaks in the street or open ditches will not be allowed.
Any bypass pumping plan must be submitted to, and approved by the Engineer prior to use.
Vacuum Testing of Sanitary Sewer Manholes: Testing of Sanitary Sewer Manholes may be done by
Vacuum Testing in lieu of the water test required in the City Standards, Section 71-1.08. If the vacuum-
testing method is used, all manholes shall be tested for leakage in accordance with ASTM C 1244-93.
Vacuum Testing shall not take place until after permanent paving in complete, unless otherwise
directed or approved by the Engineer.
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Improvement Project
Installation and operation of vacuum equipment and indicating devices must be in accordance with
manufactures recommendations and performance specifications, which must be provided by the
manufacturer and accepted by the Engineer. The equipment must be capable of testing the entire manhole,
including the cast iron frame and grade adjustment rings.
All new or rehabilitated sanitary sewer manholes shall be tested unless otherwise directed by the Engineer. If
the manhole fails the test, the manhole shall be repaired at the Contractor’s expense and retested. If
manhole joint sealants are compromised during the vacuum test, the manhole must be disassembled and
the joint sealants replaced. If there is reason to believe that the manhole has been disturbed after the initial
vacuum test the Engineer may request additional tests at the Contractor’s expense.
The Contractor may pre-test manholes at any time during construction. Any pre-test results are solely for the
Contractor’s use and shall not be accepted as the final test.
Testing will be done in the following manner:
1. All lift holes and joints shall be grouted and the entire manhole, including grade rings, sealed prior to
testing.
2. All pipes entering the manhole shall be temporarily plugged, taking care to securely brace the pipes
and plugs to prevent them from being drawn into the manhole.
3. The test head shall be placed in accordance with the manufacturer’s recommendations. The test unit
shall be braced against the manhole frame and not the grade ring(s) or taper.
4. The vacuum gauge and test equipment used for this test shall be supplied by the Contractor and shall
be operated per manufacturer’s specifications by qualified personnel. Accuracy and calibration of the
gauge shall be certified by a reliable testing firm at six month intervals, or when requested by the
Engineer.
5. A vacuum of 10 inches Hg (4.91 PSI) of mercury shall be drawn on the manhole, the valve on the
vacuum line of the test head closed, and the vacuum pump shut off. The time it takes the indicator
gauge to drop from 10 inches Hg (4.91 PSI) to 9 inches Hg (4.4 PSI) shall be measured. The manhole
will pass the vacuum test if the time is equal to or greater than those shown in Table 1:
Table 1
Minimum Test Time Based On Manhole Diameter (sec.)
Manhole Depth in Feet Manhole Diameter in Inches
48 60 72
Ti
m
e
i
n
S
e
c
o
n
d
s
0-4 10 13 16
4-8 20 26 33
8-12 30 39 49
12-16 40 52 67
After the vacuum test, manholes will be visually inspected for leaks and/or defects and repaired as required
by the Engineer.
Television Inspection: The television inspection shall be in accordance with these Special Provisions.
When all sanitary sewer main work has been completed and inspected, except as otherwise noted in these
Special Provisions or the City Standards, the Contractor shall notify the Engineer in writing 2 working days in
advance of the date for television inspection. The Engineer or their authorized representative shall be given
the opportunity to be present during the inspection. Upon receipt of the completed televising inspection video
North State Street Sewer Main
Improvement Project 49 Spec. No. 14-04
discs and written logs, the Engineer requires 10 working days to review the video records and logs before
giving written notice of acceptance and/or deficiencies of the lines to the Contractor.
The General Contractor shall supply plans and specifications for this work to the televising contractor with
manhole numbers, street names, addresses and any other information required to facilitate the work.
During this inspection, the General Contractor or their authorized representative shall be present to observe
the televising inspection. Acceptance of any portion of the sanitary sewer work shall not be given in the field
at the time of televising.
The City shall only receive video and written logs for areas not known by the Contractor to need correction. If
while conducting the initial television inspection in the field, the General Contractor or their authorized
representative discovers areas that need correction, these corrections shall be made and the area televised
again prior to submitting the logs to the City for review. If footage of video that is not required for inspection,
such as; areas known to need repair, stationary video footage in sanitary sewer lines other than where
required and footage not of sanitary sewer facilities, the submittal will be rejected.
The televising contractor is responsible for all stuck, broken, or lost equipment and any damage to sanitary
sewer facilities due to their operations and shall bear all necessary costs to retrieve or replace said
equipment and make required repairs to sanitary sewer facilities.
Any damage to facilities or obstruction to service caused by the televising operations shall be corrected
immediately by the General Contractor at no cost to the City.
The Contractor shall obtain permission from the Engineer prior to the removal of any manmade or natural
obstruction needed to complete this work. Any item removed shall be replaced in kind to the satisfaction of
the Engineer, and will be done at the Contractor’s expense.
Any line cleaning that the Contractor is required to do in order to televise the lines will be included and no
additional compensation will be allowed.
All lines shall be flushed clean with a high-pressure commercial sewer flusher unit or by balling prior to
televising. If required to televise an existing line it may be necessary to remove roots, grease or other
obstructions prior to flushing per these Special Provisions. The equipment shall be appropriate for the type of
obstruction being removed and shall not damage the pipe in any way. All debris shall be trapped at the first
downstream manhole and removed. Debris will be hauled to an appropriate disposal site at the Contractor’s
expense.
After flushing and prior to televising, an approved source of water will be discharged into the upstream
manhole or mainline cleanout until water flows out of the downstream manhole. This is to be done no more
than 24 hours before the video inspection takes place. High pressure flushing of the line is not to be
considered as a substitute for this requirement. This shall be done to insure that all dips or sags are
filled before televising, if the sanitary sewer has live flow, the Engineer may waive this requirement. Live
flows that are greater than the depth of the gauge shall be temporarily plugged upstream and bypass
pumped to allow for proper televising.
The televising of all lines shall be recorded on DVD non re-writable discs in a format that can be played on
any DVD player without installation of special software. The discs and written logs shall become the property
of the City of Ukiah. Every televised run (manhole to manhole, manhole to mainline cleanout, and laterals)
shall be recorded as a separate video file, with the name of the file being the manhole and/or mainline
cleanout numbers for the main and the address of the lateral. A lateral file shall consist of the run from the
clean out to the connection at the main and the run from the clean out to the connection at the back of
sidewalk.
A pan and tilt color camera shall be used for all video inspection of main lines and shall be one specifically
designed and constructed for such inspections. The camera shall be mounted on adjustable skids or a
tractor to keep it in the center of the pipe. Lighting for the camera shall be supplied by a lamp on the camera,
capable of being dimmed or brightened remotely from the control panel. The lighting system shall be
Spec. No 14-04 50 North State Street Sewer Main
Improvement Project
capable of lighting the entire periphery of the pipe. The camera shall be operative in 100% humidity
conditions and shall have a minimum of 330 lines of resolution. The camera equipment shall produce a
continuously monitored color picture, which will have the resolution capability to discern small hairline cracks
and other minor and major defects in the sanitary sewer line. The camera equipment shall be capable of
producing digital still pictures for permanent record as required. The camera shall be self-propelled or pulled
by a cable winch from the downstream manhole, through the line along the axis of the pipe, at a uniform rate
of 1/2 foot per second maximum.
Where infiltration in the sanitary sewer line is suspected, the camera shall be stopped for at least 30 seconds
in the area of question and the camera shall pan and/or tilt as needed to ascertain that infiltration is occurring
and the possible cause. The camera shall stop at all lateral connections, defects, sags, etc. for a period of at
least 10 seconds and the camera shall pan and/or tilt as needed so that all portions of the connection or
defect that is visible from within the main line can be completely inspected.
Each pipe run between manholes being inspected may be required to be isolated from the remainder of the
line by the use of a line plug to insure total viewing of the inside periphery of the pipe. The inspection shall be
performed in a forward and/or backward direction according to line conditions at the time of the inspection.
Every effort shall be made by the Contractor to televise in the same direction as the flow, especially during
live flow conditions. The Engineer must approve any video inspection that goes against the flow.
Telephones, sound, power, communication systems, or other suitable means of communication shall be set
up between the winch at the downstream manhole and the monitor control and operations van unless
camera tractor is used.
The Contractor shall keep a copy of the written logs on site that clearly show the exact location, in relation to
the starting manhole/mainline cleanout or lateral cleanout, of each following item discovered during the
television inspection; infiltration points, lateral locations, cracks, open/pulled joints, roots, broken or collapsed
sections, grease, debris, location of dips (starting and ending footage plus depth), and any other discernible
features. In addition to the items noted, the video and written logs shall also note; name of project, general
contractor, date, line size, length of section, manhole condition and live flow. Measurement for location of
defects shall be at ground level by means of a metering device. Markings on the cable, or the like, which
would require interpolation for depth of manhole or lateral cleanout will not be allowed. Measurement meters
will be accurate to plus or minus one foot in a thousand and must show on video. A one-inch depth gauge
pulled or pushed in front of the camera is required for all main lines up to and including 12 inch. For any line
larger the Contractor shall verify required gauge size with the Engineer prior to scheduling television
inspection. Measurement of laterals must be recorded on video and written log from bottom of cleanout to
main and bottom of cleanout to connection at existing lateral.
The following conditions shall exist prior to the television inspection:
1. All sanitary sewer lines shall be installed, backfilled and compacted.
2. All structures shall be in place, all channeling complete and all pipelines accessible from structures.
3. All other underground facilities, utility piping and conduit shall be installed and accepted by the
Engineer.
4. Mainlines to be inspected shall be balled/high pressure flushed and mandrel tested.
5. The final air or water test on lines shall have been completed.
All work performed must meet the quality and clarity standards set by the City of Ukiah and are subject to
City review and rejection.
Deficiencies revealed by the television inspection, in the opinion of the Engineer, shall be repaired by the
Contractor to the satisfaction of the Engineer. After all required repairs are completed the areas of repair
shall be televised again at the Contractor's expense.
North State Street Sewer Main
Improvement Project 51 Spec. No. 14-04
The Contractor is advised to not proceed with reconstruction, overlay or final trench paving until receiving
notice from the Engineer that the sewer main is acceptable.
Bypass Pumping: Bypass pumping of sanitary sewers shall conform to these Special Provisions and the
City Standards.
The Contractor shall provide bypass pumping and/or diversion when required for installation of a sanitary
sewer system. Bypass pumping shall consist of furnishing, installing, and maintaining all equipment, tools,
power, plugs, appurtenances, piping and anything else required to maintain existing flows and services
without interruption.
The Contractor shall submit separate bypass pumping and/or diversion plans for every setup required to
facilitate the work for review by the Engineer at least 10 working days prior to each individual setup. The
plans shall identify the bypass pumping locations and methods with sufficient detail to assure that the work
can be accomplished without sewage spill. The bypass pumping plans shall include an emergency response
plan to be followed in the event of a failure of the bypass pumping system. The Engineer shall approve the
Contractor’s plan for bypass pumping before the Contractor will be allowed to commence bypass pumping.
The Contractor shall notify the Engineer 2 working days prior to commencing with the bypass pumping
operation.
Bypass pumping shall be done in such a manner as not to damage private or public property, or create a
nuisance or public menace. The pumped sewage shall be in an enclosed hose or pipe that is adequately
protected from traffic, and shall be redirected into the sanitary sewer system. Dumping, leaks or free flow of
sewage on private property, gutters, streets, sidewalks, or into storm sewers is prohibited.
The Contractor shall take all necessary precautions including constant monitoring of bypass pumping to
ensure that no private residences or properties are subjected to a sewage backup or spill. The Contractor
shall be liable for all cleanup, damages, and resultant fines in the event of a spill. After the work is
completed, flow shall be restored to normal.
The generator system must be enclosed with a sound attenuated enclosure and shall produce noise
emissions less than 60 decibels from a distance of 60 feet away, if bypass pumping is allowed between the
hours of 6 PM and 7 AM. All other City noise ordinances shall also be adhered to.
All pumps shall be set into or surrounded by spill containment devices.
All raised pavement markers, traffic stripes and pavement markings or any other traffic markings disturbed
during this contract work shall be replaced in kind by the Contractor to the satisfaction of the Engineer. The
replacement shall be in accordance with Sections “Traffic Stripes and Pavement Markings” of these Special
Provisions.
Payment:
10” Sewer Main will be paid for at the contract price per lineal foot, which price shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals, and doing all the work
involved for sanitary sewer main installation, including but not limited to, excavation and disposal of
excavated materials; any necessary hand digging; dewatering trench; disposal of soil and groundwater
bypass pumping if needed; contamination awareness; sewer main, fittings and couplings; felt expansion joint
material if required; temporary connections as needed; connections to new or existing or mains including
sealing of penetrations water tight; wrapping of joints crossing over water mains; watertight plugs on
“stubbed” mains; supporting or removal and disposal as necessary of existing utilities in the same trench;
placing and compacting all required bedding and backfill including control density fill if required; trench plates
as needed; temporary trench paving; cleaning and flushing; all required testing; video inspection and any
other work required for the installation of sanitary sewer mains not specifically enumerated in the City
Standards, these Special Provisions or on the Plans, and no additional allowance will be made therefor.
The actual quantity of sanitary sewer main to be paid for will be the length measured from center of manhole
to center of manhole/tie-in along the finished grade to the nearest foot, excluding the sweep and the portion
of pipe used for constructing the mainline cleanout. Pipe purchased by the Contractor in excess of the
Spec. No 14-04 52 North State Street Sewer Main
Improvement Project
measured amount will not be paid for by the City.
48” Sewer Manhole of the various types will be paid for at the contract price each, which price shall include
full compensation for furnishing all labor, materials, tools, equipment and incidentals, and doing all the work
involved for sanitary sewer manhole installation, including but not limited to, excavation and disposal of
excavated materials; any necessary hand digging; dewatering trench; disposal of soil and groundwater
bypass pumping if needed; contamination awareness; installation of inside drop as required, couplings and
pipe if connecting to existing mains; furnishing and installing manhole components, sealing of penetrations
water tight; coating and patching; supporting or removal and disposal as necessary of existing utilities in the
same trench; placing and compacting all required bedding and backfill including control density fill if required;
trench plates as needed; temporary trench paving; concrete collar; installing and adjusting the cast iron
frame and cover to grade after final paving is complete; testing and any other work required for the
installation of sanitary sewer manholes not specifically enumerated in the City Standards, these Special
Provisions or on the Plans, and no additional allowance will be made therefor.
4” Sewer Lateral shall be paid for at the contract unit price each, which price shall include full compensation
for furnishing all labor, materials, tools, equipment and incidentals, and doing all the work involved for sewer
lateral installation, including but not limited to: potholing to facilitate the progress of work; investigation for
existing cleanout within three feet of back of walk; sawcutting of existing pavement, excavation and disposal
of excavated materials; hand digging if needed; root pruning; dewatering and disposal of trench groundwater;
fittings/couplings; temporary connections; connection to main and existing lateral; long radius sweeps as
required, supporting or removal and disposal of existing utilities in the same trench, if required; tracer wire if
required; placing and compacting all required bedding and backfill including control density fill if required;
trench plates as needed; temporary trench paving; removal and replacement of curb, gutter, sidewalk and
driveways if needed; setting cleanout to grade and installing concrete collars as required; wrapping of joints
that cross water mains, restoration of irrigation and landscaping; cleaning and flushing; testing; video
inspection; as specified herein, and no additional allowance will be made therefor.
Abandon and/or Remove Existing Sewer System will be paid for at the contract lump sum price, which
price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and
doing all the work involved for the abandonment and/or removal of existing sanitary sewer system
components, including but not limited to, excavation and disposal of excavated materials; any necessary
hand digging; dewatering trench; disposal of soil and groundwater; contamination awareness; supporting or
removal and disposal as necessary of existing utilities in the same trench; abandonment or removal and
disposal of existing sanitary sewer pipes, manholes and cleanouts; sealing/plugging entrance to manhole
where abandoned pipe is removed; placing and compacting all required bedding and backfill including
controlled density fill if required; trench plates as needed; temporary trench paving; removal and replacement
of concrete curb, gutter and sidewalk as needed; bypass pumping if needed and any other work required for
the abandonment and removal of existing sanitary sewer system components not specifically enumerated in
the City Standards, these Special Provisions or on the Plans, and no additional allowance will be made
therefor.
13-13. Trench Shoring and Bracing. Trench shoring and bracing shall conform to the provisions in Section
5-1.02A, “Excavation Safety Plans,” of the California Standard Specifications and these Special Provisions.
Trench sheeting and boxing shall be withdrawn in such a manner as to prevent caving at the walls of
excavations or damage to piping or other structures. Except as may be hereinafter modified, no sheeting
shall be left in the trench and no backfill shall be made against the sheeting before it is removed. And
sheeting extending below the invert of the pipe shall be left in place by cutting off in a manner satisfactory to
the Engineer.
The Contractor shall obtain any necessary permits from the State of California, Division of Industrial Safety.
The Contractor shall pay all costs in connection with said permits and proof of such permits shall be
submitted to the Engineer prior to commencing the trench work.
Payment: Trench Shoring and Bracing will be measured and paid for on a lump sum basis. The lump sum
price paid for Trench Shoring and Bracing shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals and for doing all the work involved in shoring and bracing for water, sewer
North State Street Sewer Main
Improvement Project 53 Spec. No. 14-04
and storm drain as specified in these Special Provisions and shall include the removal and disposal of all
material required to accomplish the work.
Progress payments will be based on the percentage of trench requiring shoring and bracing that has been
backfilled, as determined by the Engineer.
The adjustment provisions in Section 4-1.03, “Changes,” of the California Standard Specifications, shall not
apply to the item of trench shoring and bracing. Adjustments in compensation for trench shoring and bracing
will be made only for increased or decreased trench shoring and bracing required by changes ordered by the
Engineer, and will be made on the basis of the cost of the increased or decreased trench shoring and
bracing necessary. Such adjustment will be made on a force account basis as provided in Section 9-1.03,
“Force Account Payment,” of the California Standard Specifications for increased work and estimated on the
same basis in the case of decreased work.
13-14. Soil and Groundwater Disposal.
13-14 (A) General: Bidder’s attention is directed to the fact that the proposed project is located in an area
that contains no known subsurface petroleum hydrocarbon contamination.
The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout
the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination
may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.)
Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40 hour
OSHA-HAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field
Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the
contaminated materials removal and handling operation. All workers in this circumstance must have their
initial and annual renewal refresher training, medical clearance and personal protection equipment in
accordance with 8CCR Section 5192.
13-14 (B) Soil: None of the excavated material shall be disposed of on the work site. All material excavated
from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess
material from the work site, the Contractor shall submit to the Engineer written authorization for such
disposal and entry permission signed by the approved disposal site. Contractor shall comply with all
disposal regulations such as City, County, and/or State permits and license, as may be required.
13-14 (C) Water: Groundwater may be encountered during the course of excavation. If it is encountered,
the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates
in the excavation during the progress of work until the pipe or other structures are installed and until
backfilling has progressed to a sufficient height to anchor the work against possible flotation or leakage. At
all times, the Contractor shall have a minimum of 2 working pumps available for immediate use at all times.
Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City
staff. Said water shall be disposed of in a manner as to cause no injury to public or private property, or be a
menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by
placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean
gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment.
If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping
and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or
storm drain system.
Contractor shall be responsible for constructing, operating and maintaining all necessary features to
complete the work including furnishing, installing and maintaining all pumping and other equipment required
to dewater any trenches containing water as may be encountered during performance of the work.
Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the
permanent conclusion of dewatering operations, all dewatering equipment shall be removed from the job
site.
Spec. No 14-04 54 North State Street Sewer Main
Improvement Project
Payment: Full compensation for disposal of all excavated material and trenchwater, including, but not
limited to, transportation costs and soil disposal fees and providing all necessary equipment and labor
(including back-up pumping equipment) shall be considered as included in the contract prices paid for
various contract items of work and no additional compensation will be allowed therefor. The City will pay
discharge fees for the necessary disposal of trenchwater.
In general, the Contractor shall maintain awareness of potential signs of soil and groundwater contamination
throughout the project limits and shall notify the City immediately upon discovery.
All excavated material from trenches shall be the property of the Contractor and shall be immediately
removed. None of the excavation material shall be dumped, stockpiled or disposed of on the work site.
Where excavation occurs within the drip line of any street tree the Contractor shall hand dig to protect tree
roots as directed by the Engineer. Root pruning shall be done only when directed by the Engineer and shall
be accomplished by use of sharp tools appropriate for the size of the root to be cut. Each cut shall be clean
with no torn bark or splintered wood remaining on the root. At no time shall roots be pulled on by excavating
equipment.
Construction Water: Construction water for the work under this contract will NOT be furnished by the City.
The Contractor must obtain water according to these Special Provisions.
13-15. Traffic Stripes and Pavement Markings. Traffic stripes and pavement markings shall conform to
the applicable provisions of Section 84, “Traffic Stripes and Pavement Markings,” of the California Standard
Specifications, City of Ukiah Standards, and these Special Provisions and shall be placed at the locations
shown on the plans.
Stripes and pavement markings shall be thermoplastic.
Existing stripes and pavement markings which are damaged by the work shall be replaced. Replaced
sections shall match existing sections. Patching is not acceptable in lieu of complete replacement.
Payment: Full compensation for removing and replacing damaged thermoplastic marking, and stripes as
specified herein shall be considered as included in the contract prices paid for various items of work, and no
additional compensation will be allowed therefor.
13-16. Pavement Markers. Installation of both reflective and raised pavement markers shall conform to the
provisions in Section 85, “Pavement Markers,” of the California Standard Specifications. Pavement markers
shall be placed in the same pattern and locations as they were previously, except as shown on the plans or
modified herein. Pavement Adhesive used to install pavement markers shall conform to the requirements of
Section 85, “Pavement Markers,” of the California Standard Specifications.
Blue, reflective, pavement markers shall be placed across from City fire hydrants, and conform to the
provisions in Section 3B-03 of the California Manual on Uniform Traffic Control Devices.
Existing pavement markers which are damaged by the work shall be replaced.
Payment: Full compensation for removing and replacing damaged pavement markers as specified herein
shall be considered as included in the contract prices paid for various items of work, and no additional
compensation will be allowed therefor.
13-17. Portland Cement Concrete. All Portland cement concrete on this project shall be in accordance
with Section 90, “Portland Cement Concrete,” of the Amendments to July 2002 California Standard
Specifications, updated April 30, 2003.
All references to Class “A” concrete and Class “A” PCC in the City Standards and the City Specifications
shall be changed to Class 2 concrete in accordance with Section 90, “Portland Cement Concrete,” of the
North State Street Sewer Main
Improvement Project 55 Spec. No. 14-04
Amendments to July 2002 California Standard Specifications updated April 30, 2003.
13-18. Material Recycling. The Contractor shall dispose of all Portland cement concrete and asphalt
concrete, generated from removal or demolition activities on the project, at a recycler for these materials.
The Contractor shall provide receipts verifying delivery and approximate quantity (in tons) of the material
delivered to a material recycler.
All other excess materials from the project shall become the property of the Contractor and shall be disposed
of by him, at his expense.
Full compensation for material recycling as specified herein shall be considered as included in the contract
prices paid for various items of work, and no additional compensation will be allowed therefor.
Spec. No 14-04 56 North State Street Sewer Main
Improvement Project
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the
General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are
hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents
as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
No other exclusions.
North State Street Sewer Main
Improvement Project 57 Spec. No. 14-04
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Provisions of General Conditions to be Amended.
The following designated sections of the Special provisions are hereby amended to read as follows:
Various section of the General Conditions have been modified to require execution of contract an return of all
supporting documents within ten (10) calendar days of notice of award. This is deemed necessary due to the
lead time associated with procuring pipe materials.
The calculations of Contract Days is modified. Article 1 of the Contract agreement is modified to read
“Contract days shall be counted starting with the tenth (10th)day following notice of award of contract by the
City and shall be counted as calendar days.” All work of this contract shall be completed within thirty (30)
calendar days.
Spec. No 14-04 58 North State Street Sewer Main
Improvement Project
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
NORTH STATE STREET
SEWER MAIN IMPROVEMENT PROJECT
Specification No. 14-04
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents
herein contained, that this proposal is made without collusion with any other person, firm or corporation and
that all laws and ordinances relating to the interest of public officers in this contract have been complied with
in every respect.
AND he or she proposes and agrees, if this proposal is accepted,
1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of
the copy of the agreement herein contained
a) to provide all necessary machinery, tools, apparatus and other means of construction;
b) to furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of
whatever nature necessary to complete the job in conformity with the specifications and
drawings and other contract provisions herein or reasonably implied hereby or as
necessary to complete the work in the manner and within the time named herein and
according to the requirements and to the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling;
2) that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:
North State Street Sewer Main
Improvement Project 59 Spec. No. 14-04
BIDDING SCHEDULE
In case of discrepancy between words and figures, the words shall prevail. ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID
(in words and in figures)
EXTENDED AMOUNT FOR ITEM
(in figures)
1 1 LS
Traffic Control System for the lump sum price of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
2 1894
Mobilization for the lump sum price of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
3 8 EA
10” Sewer Main for a unit price per lineal foot of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
4 1 EA
48” Sewer Manhole for a unit price each of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
5 1 EA
48” Cut-In Sewer Manhole for a unit price each of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
6 1 EA
48” Shallow Sewer Manhole for a unit price each of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
7 9 EA
4” Sewer Lateral for a unit price each of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
8 1 LS
Abandon and/or Remove Existing Sewer System for a lump
sum price of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
9 1 LS
Trench Shoring and Bracing lump sum price of:
___________________________________________
_________________Dollars ($___________________)
$_____________________
TOTAL BID AMOUNT ==
Total bid amount in words:
________________________________________________________________________
________________________________________________________________________
$_____________________
In case of discrepancy between words and figures, the words shall prevail.
Bidder acknowledges that many of the quantities associated with the forgoing bid items are directly related to
the Contractor’s chosen work methods. Bidder confirms that he or she has made the necessary conversions
in calculating the above unit prices to the units specified for measurement and payment.
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 ten (10)
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
Spec. No 14-04 60 North State Street Sewer Main
Improvement Project
said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty
accompanying this proposal shall be returned to the undersigned.
Witness our hands this day of ___________________, 20____.
Licensed in accordance with an act providing for the registration of California Contractors License No.
___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE
UNDER PENALTY OF PERJURY.
Signature of bidder or bidders, with business address, phone number and fax number:
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and
addresses of the President, Secretary, Treasurer.
_________________________________________________________________
_________________________________________________________________
_________________________________________________________________
North State Street Sewer Main
Improvement Project 61 Spec. No. 14-04
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.
North State Street Sewer Main Improvement Project
Specification No. 14-04
________________________________________________________________
(Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
Spec. No 14-04 62 North State Street Sewer Main
Improvement Project
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 _______________, 20____
Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
North State Street Sewer Main
Improvement Project 63 Spec. No. 14-04
CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject
to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order
10925; that he or she has/has not, filed all required compliance reports; and that representations indicating
submission of required compliance prior to subcontract awards.
Signature and address of Bidder:
__________________________________________________ Date_____________
__________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the
President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and
11114.)
Spec. No 14-04 64 North State Street Sewer Main
Improvement Project
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 (1%) of the total bid and (b) the portion of the work to be
done by each subcontractor.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
North State Street Sewer Main
Improvement Project 65 Spec. No. 14-04
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.
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
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____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
Spec. No 14-04 66 North State Street Sewer Main
Improvement Project
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: __________________
North State Street Sewer Main
Improvement Project 67 Spec. No. 14-04
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 September 9, 2015 for North State Street Sewer Main
Improvement Project, Specification No. 14-04.
NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner
required under the specifications, after the prescribed forms are presented to him or her for signatures,
enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the
City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and
materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in
full force and virtue.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of
________________, A.D. 20_____.
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Principal
__________________________________________________(Seal)
__________________________________________________(Seal)
__________________________________________________(Seal)
Surety
Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
Spec. No 14-04 68 North State Street Sewer Main
Improvement Project
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 North State Street Sewer Main Improvement Project,
Specification No. 14-04 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive bidding in connection with
such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________
__________________________________________________
__________________________________________________
Place of Residence:__________________________________________________
__________________________________________________
__________________________________________________
NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____.
__________________________________________________
Notary Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
North State Street Sewer Main
Improvement Project 69 Spec. No. 14-04
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
NORTH STATE STREET
SEWER MAIN IMPROVEMENT PROJECT
Specification No. 14-04
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of
Ukiah, Mendocino County, California, hereinafter called the City and _______________________
hereinafter called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other
contract documents for the work herein described and shown and has approved and adopted these contract
documents, specifications and drawings and has caused to be published in the manner and for the time
required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms
of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal
accompanied by a proposal guaranty in an amount of not less than 10 percent (10%) of the bid price for the
construction of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the
proposals submitted and as a result has determined and declared the Contractor to be the lowest and best
regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction;
shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature
necessary for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall
complete the work within thirty (30) working days. Contract days shall be counted starting with the 10th day
following receipt of notice that the contract has been executed by the City. Contract days shall be counted
starting with the 10th day following notice of award of contract 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
Spec. No 14-04 70 North State Street Sewer Main
Improvement Project
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
North State Street Sewer Main
Improvement Project 71 Spec. No. 14-04
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.
Spec. No 14-04 72 North State Street Sewer Main
Improvement Project
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time
of submitting the bid.
North State Street Sewer Main
Improvement Project 73 Spec. No. 14-04
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
Spec. No 14-04 74 North State Street Sewer Main
Improvement Project
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____,
by and between the City of Ukiah (Ukiah) and ______________________________________
(Contractor).
Contractor is
_________________________________________________________________________________
___________________________________________ for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will
protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and
employees from and against any claim, loss, or damage, including the legal and other costs of defending
against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance
under the work order attached hereto, except for claims, losses, or damages resulting from the sole and
exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.
CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________
North State Street Sewer Main
Improvement Project 75 Spec. No. 14-04
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)
___________________________________
Spec. No 14-04 76 North State Street Sewer Main
Improvement Project
(City/State/Zip Code)
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the
______________________________ Secretary of the corporation named as Principal in the foregoing bond;
that _______________________________________, who signed the said bond on behalf of the Principal,
was then ____________________________________________ of said corporation; that I know his
signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested
to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal
North State Street Sewer Main
Improvement Project 77 Spec. No. 14-04
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS
PRINCIPAL, and
__________________________________________________________________________
__________________________________________________________________________, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of
dollars ($____________________)
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)
Spec. No 14-04 78 North State Street Sewer Main
Improvement Project
___________________________________
(City/State/Zip Code)
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix
(Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company
must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the
______________________________ Secretary of the corporation named as Principal in the foregoing bond;
that _______________________________________, who signed the said bond on behalf of the Principal,
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
North State Street Sewer Main
Improvement Project 79 Spec. No. 14-04
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.
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
80
Utilities CIP Team Consultant: (GVCE)
Attachment 3
Item No.Bid Item Quantity Units Unit Cost Total Cost
1 Traffic Control 1 LS 15,000.00
2 Mobilization 1 LS 10,000.00
3 10" Sewer Main 1,894 LF 100.00 189,400.00
4 48" Sewer Manhole 8 EA 5,500.00 44,000.00
5 48" Cut-In Sewer Manhole 1 EA 7,500.00 7,500.00
6 48" Shallow Sewer Manhole 1 EA 4,000.00 4,000.00
7 4" Sewer Lateral 11 EA 4,000.00 44,000.00
8 Abandon and Remove Existing Sewer System 1 LS 15,000.00
9 Trench Bracing & Shoring 1 LS 5,000.00
Totals 333,900.00
75% ENGINEERS ESTIMATE
NORTH STATE STREET SEWER MAIN REPLACEMENT
October 1, 2014
100%_Est_2014_0818 7/30/2015 3:04 PM
Attachment 3
SB-350 Clean Energy and Pollution Reduction Act of 2015.(2015-2016)
AMENDED IN ASSEMBLY JULY 16, 2015
AMENDED IN ASSEMBLY JULY 08, 2015
CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION
SENATE BILL No. 350
Introduced by Senators De León and Leno
(Coauthors: Senators Hancock and Monning)
February 24, 2015
An act to amend Section 43013 of, and to add Section 44258.5 to, the Health and Safety Code, to
amend Sections 25000.5 and 25943 of the Public Resources Code, and to amend Sections 399.11,
399.12, 399.13, 399.15, 399.16, 399.18, 399.21, 399.30, 701.1, and 740.8 of, to add Sections 237.5,
454.51, and 740.12 to, and to add Article 17 (commencing with Section 400) to Chapter 2.3 of Part 1
of Division 1 of, the Public Utilities Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
SB 350, as amended, De León. Clean Energy and Pollution Reduction Act of 2015.
(1) Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities,
including electrical corporations, as defined, while local publicly owned electric utilities, as defined, are under
the direction of their governing boards. Under existing law, a violation of the Public Utilities Act is a crime.
Existing law establishes the California Renewables Portfolio Standard (RPS) Program, which is codified in the
Public Utilities Act and expresses the intent of the Legislature that Act, with the target to increase the amount of
electricity generated per year from eligible renewable energy resources be increased to an amount that equals
at least 33% of the total electricity sold to retail customers in California per year by December 31, 2020.
Existing law requires the PUC, by January 1, 2012, to establish the quantity of electricity products from eligible
renewable energy resources to be procured by each retail seller for specified compliance periods, sufficient to
ensure that the procurement of electricity products from eligible renewable energy resources achieves 25% of
retail sales by December 31, 2016, and 33% of retail sales by December 31, 2020, and that retail sellers
procure not less than 33% of retail sales in all subsequent years. For these purposes, a retail seller is defined to
include electrical corporations, electric service providers, and community choice aggregators. The RPS Program
requires an electrical corporation to submit to the PUC, for its approval, a renewable energy procurement plan.
Existing law includes as an eligible renewable energy resource a specified facility engaged in the combustion of
municipal solid waste.
Existing law makes the requirements of the RPS Program applicable to a local publicly owned electric utilities,
utility, as defined, except that the utility’s governing board is responsible for implementation of those
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Attachment #2
requirements, instead of the PUC, and certain enforcement authority with respect to local publicly owned
electric utilities is given to the State Energy Resources Conservation and Development Commission (Energy
Commission) and State Air Resources Board, instead of the PUC.
This bill would additionally express the intent of the Legislature for the purposes of the RPS Program require
that the amount of electricity generated per year from eligible renewable energy resources be increased to an
amount equal to at least 50% by December 31, 2030, and would require the PUC, by January 1, 2017, to
establish the quantity of electricity products from eligible renewable energy resources to be procured by each
retail seller for specified compliance periods sufficient to ensure that the procurement of electricity products
from eligible renewable energy resources achieves 50% of retail sales by December 31, 2030. The bill would
require the governing boards of local publicly owned electric utilities to ensure that specified quantities of
electricity products from eligible renewable energy resources to be procured for specified compliance periods to
ensure that the procurement of electricity products from eligible renewable energy resources achieve 50% of
retail sales by December 31, 2030. The bill would exclude all facilities engaged in the combustion of municipal
solid waste from being eligible renewable energy resources. The bill would require community choice
aggregators and electric service providers to prepare and submit renewable energy procurement plans. The bill
would revise other aspects of the RPS Program, including, among other things, the enforcement provisions and
would require penalties collected from retail sellers for noncompliance to be deposited in the Electric Program
Investment Charge Fund. The bill would require the PUC to direct electrical corporations to include in their
proposed procurement plans a strategy for procuring a diverse portfolio of resources that provide a reliable
electricity supply. The bill would require the PUC and the Energy Commission to take certain actions in
furtherance of meeting the state’s clean energy and pollution reduction objectives.
This bill would authorize the PUC to authorize a procurement entity, and would authorize a local publicly owned
utility, to procure an unspecified percentage of retail sales of onsite generation meeting certain requirements
within the area served by the procurement entity to serve local electricity needs.
Existing law requires the PUC, in cooperation with specified entities, to evaluate and implement policies to
promote development of equipment and infrastructure needed to facilitate the use of electricity and natural gas
to fuel low-emission vehicles. Existing law requires those policies to prohibit utilities from passing the costs and
expenses related to programs for the development of that equipment or infrastructure through to ratepayers
unless the PUC finds and determines that those programs are in the interest of ratepayers. Existing law defines
“interests” of the ratepayers for this purpose.
This bill would revise the definition of “interests” of the ratepayers. The bill would require the PUC, in
consultation with specified entities, to direct electric corporations to propose multiyear programs and
investments to accelerate widespread transportation electrification as a means to achieve certain goals. The bill
would require the commission to review data concerning current and future electric transportation adoption
rates and charging infrastructure utilization rates no less than every 3 years.
Because the above provisions are codified in the Public Utilities Act, a violation of these provisions would impose
a state-mandated local program by expanding the definition of a crime or establishing a new crime.
By placing additional requirements upon local publicly owned electric utilities, this bill would impose a state-
mandated local program.
(2) Existing law requires the State Air Resources Board to adopt and implement various standards related to
emissions from motor vehicles.
This bill would require those standards to be in furtherance of achieving a reduction in petroleum use in motor
vehicles by 50% by January 1, 2030. The bill would require the state board, by January 1, 2017, to prepare a
strategy and implementation plan to achieve this reduction.
Existing law requires the State Air Resources Board to adopt greenhouse gas emission limits and emissions
reduction measures, by regulations, to achieve the maximum technologically feasible and cost-effective
reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions
limit. Existing law requires the state board, in adoption regulations, to, among other things, design the
regulations to include distribution of emissions allowance, where appropriate, to minimize the costs and
maximize total benefits to California.
The Charge Ahead California Initiative states goals of, among other things, placing in service at least 1,000,000
zero-emission and near-zero-emission vehicles by January 1, 2023, and increasing access for disadvantaged,
low-income, and moderate-income communities and consumers to zero-emission and near-zero-emission
vehicles.
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This bill would require the state board to identify and adopt appropriate policies to remove regulatory
disincentives facing retail sellers and local publicly owned electric utilities from facilitating the achievement of
greenhouse gas emissions reduction in other sectors through increased investments in transportation and
building electrification that includes allocation of greenhouse gas emissions allowances to retail sellers and local
publicly owned electric utilities to account for increased greenhouse gas emissions in the electric sector from
transportation electrification.
(3) Existing law states the policy of the state to exploit all practicable and cost-effective conservation and
improvements in the efficiency of energy use and distribution, and to achieve energy security, diversity of
supply sources, and competitiveness of transportation energy markets based on the least environmental and
economic costs.
This bill would additionally state the policy of the state to exploit those conservation and improvements in
furtherance of reducing petroleum use in the transportation sector by 50% by January 1, 2030. The bill would
state the policy of the state to encourage transportation electrification natural gas vehicles as a short-term
measure, fuel cell vehicles, and transportation innovations as means to achieve certain to achieve ambient air
quality standards and the state’s climate goals.
(4) Existing law requires the Energy Commission to establish a regulatory proceeding to develop and implement
a comprehensive program to achieve greater energy savings in California’s existing residential and
nonresidential building stock and to periodically update criteria for the program.
This bill would require the Energy Commission, by January 1, 2017, and at least once every 3 years thereafter,
to adopt an update to the program in furtherance of achieving a doubling of energy efficiency in buildings by
January 1, 2030. The bill would require the Energy Commission to adopt, implement, and enforce certain policy
regarding ratepayer-funded energy efficiency programs.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain
costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Clean Energy and Pollution Reduction Act of 2015.
SEC. 2. (a) The Legislature finds and declares that the Governor has called for a new set of objectives in clean
energy, clean air, and pollution reduction for 2030 and beyond. Those objectives consist of the following:
(1) To increase from 33 percent to 50 percent, the procurement of our electricity from renewable sources.
(2) To reduce today’s petroleum use in cars and trucks by up to 50 percent.
(3) To double the efficiency of existing buildings.
(b) It is the intent of the Legislature in enacting this act to codify the targets described under subdivision (a) to
ensure they are permanent, enforceable, and quantifiable.
SEC. 3. Section 43013 of the Health and Safety Code is amended to read:
43013. (a) The state board shall adopt and implement motor vehicle emission standards, in-use performance
standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution
which the state board has found to be necessary, cost effective, and technologically feasible, to carry out the
purposes of this division and in furtherance of achieving a reduction in petroleum use in motor vehicles by 50
percent by January 1, 2030, unless preempted by federal law.
(b) The state board shall, consistent with subdivision (a), adopt standards and regulations for light-duty and
heavy-duty motor vehicles, medium-duty motor vehicles, as determined and specified by the state board,
portable fuel containers and spouts, and off-road or nonvehicle engine categories, including, but not limited to,
off-highway motorcycles, off-highway vehicles, construction equipment, farm equipment, utility engines,
locomotives, and, to the extent permitted by federal law, marine vessels.
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(c) Prior to adopting standards and regulations for farm equipment, the state board shall hold a public hearing
and find and determine that the standards and regulations are necessary, cost effective, and technologically
feasible. The state board shall also consider the technological effects of emission control standards on the cost,
fuel consumption, and performance characteristics of mobile farm equipment.
(d) Notwithstanding subdivision (b), the state board shall not adopt any standard or regulation affecting
locomotives until the final study required under Section 5 of Chapter 1326 of the Statutes of 1987 has been
completed and submitted to the Governor and Legislature.
(e) Prior to adopting or amending any standard or regulation relating to motor vehicle fuel specifications
pursuant to this section, the state board shall, after consultation with public or private entities that would be
significantly impacted as described in paragraph (2) of subdivision (f), do both of the following:
(1) Determine the cost-effectiveness of the adoption or amendment of the standard or regulation. The cost-
effectiveness shall be compared on an incremental basis with other mobile source control methods and options.
(2) Based on a preponderance of scientific and engineering data in the record, determine the technological
feasibility of the adoption or amendment of the standard or regulation. That determination shall include, but is
not limited to, the availability, effectiveness, reliability, and safety expected of the proposed technology in an
application that is representative of the proposed use.
(f) Prior to adopting or amending any motor vehicle fuel specification pursuant to this section, the state board
shall do both of the following:
(1) To the extent feasible, quantitatively document the significant impacts of the proposed standard or
specification on affected segments of the state’s economy. The economic analysis shall include, but is not
limited to, the significant impacts of any change on motor vehicle fuel efficiency, the existing motor vehicle fuel
distribution system, the competitive position of the affected segment relative to border states, and the cost to
consumers.
(2) Consult with public or private entities that would be significantly impacted to identify those investigative or
preventive actions that may be necessary to ensure consumer acceptance, product availability, acceptable
performance, and equipment reliability. The significantly impacted parties shall include, but are not limited to,
fuel manufacturers, fuel distributors, independent marketers, vehicle manufacturers, and fuel users.
(g) (1) No later than January 1, 2017, the state board, after one or more public workshops, shall prepare a
strategy and implementation plan to achieve a reduction in petroleum use in motor vehicles by 50 percent by
January 1, 2030, and provide a copy of the strategy and plan to the appropriate policy committees of the
Legislature.
(2) Beginning January 1, 2020, and every three years thereafter, the state board shall provide an update to the
strategy and plan that reflects any changes made to the strategy and plan.
(h) To the extent that there is any conflict between the information required to be prepared by the state board
pursuant to subdivision (f) and information required to be prepared by the state board pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the requirements
established under subdivision (f) shall prevail.
(i) It is the intent of the Legislature that the state board act as expeditiously as is feasible to reduce nitrogen
oxide emissions from diesel vehicles, marine vessels, and other categories of vehicular and mobile sources
which significantly contribute to air pollution problems.
SEC. 4. Section 44258.5 is added to the Health and Safety Code, to read:
44258.5. (a) For the purposes of this section, the following terms mean the following:
(1) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public
Utilities Code.
(1)
(2) “Retail seller” has the same meaning as set forth in Section 399.12 of the Public Utilities Code.
(2)
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(3) “Transportation electrification” has the same meaning as set forth in Section 237.5 of the Public Utilities
Code.
(b) The state board shall identify and adopt appropriate policies to remove regulatory disincentives facing retail
sellers and local publicly owned electric utilities from facilitating the achievement of greenhouse gas emission
reductions in other sectors through increased investments in transportation electrification. Those policies shall
include, but are not limited to, an allocation of greenhouse gas emissions allowances to retail sellers and local
publicly owned electric utilities to account for increased greenhouse gas emissions in the electric sector from
transportation electrification.
SEC. 5. Section 25000.5 of the Public Resources Code is amended to read:
25000.5. (a) The Legislature finds and declares that overdependence on the production, marketing, and
consumption of petroleum based fuels as an energy resource in the transportation sector is a threat to the
energy security of the state due to continuing market and supply uncertainties. In addition, petroleum use as
an energy resource contributes substantially to the following public health and environmental problems: air
pollution, acid rain, global warming, and the degradation of California’s marine environment and fisheries.
(b) Therefore, it is the policy of this state to fully evaluate the economic and environmental costs of petroleum
use, and the economic and environmental costs of other transportation fuels and options, including the costs
and values of environmental impacts, and to establish a state transportation energy policy that results in the
least environmental and economic cost to the state. In pursuing the “least environmental and economic cost”
strategy, it is the policy of the state to exploit all practicable and cost-effective conservation and improvements
in the efficiency of energy use and distribution, and to achieve energy security, diversity of supply sources, and
competitiveness of transportation energy markets based on the least environmental and economic cost, and in
furtherance of reducing petroleum use in the transportation sector by 50 percent by January 1, 2030.
(c) It is also the policy of this state to minimize the economic and environmental costs due to the use of
petroleum-based and other transportation fuels by state agencies. In implementing a least-cost economic and
environmental strategy for state fleets, it is the policy of the state to implement practicable and cost-effective
measures, including, but not necessarily limited to, the purchase of the cleanest and most efficient automobiles
and replacement tires, the use of alternative fuels in its fleets, and other conservation measures.
(d) For the purposes of this section, “petroleum based fuels” means fuels derived from liquid unrefined crude
oil, including natural gas liquids, liquefied petroleum gas, or the energy fraction of methyl tertiary-butyl ether
(MTBE) or other ethers that is not attributed to natural gas.
SEC. 6. Section 25943 of the Public Resources Code is amended to read:
25943. (a) (1) By March 1, 2010, the commission shall establish a regulatory proceeding to develop and
implement a comprehensive program to achieve greater energy savings in California’s existing residential and
nonresidential building stock. This program shall comprise a complementary portfolio of techniques,
applications, and practices that will achieve greater energy efficiency in existing residential and nonresidential
structures that fall significantly below the current standards in Title 24 of the California Code of Regulations, as
determined by the commission.
(2) The comprehensive program may include, but need not be limited to, a broad range of energy assessments,
building benchmarking, energy rating, cost-effective energy efficiency improvements, public and private sector
energy efficiency financing options, public outreach and education efforts, and green workforce training.
(3) The commission shall adopt, implement, and enforce a responsible contractor policy for use across all
ratepayer-funded energy efficiency programs that involve installation or maintenance, or both installation and
maintenance, by building contractors to ensure that retrofits meet high-quality performance standards and
reduce energy savings lost or foregone due to poor-quality workmanship.
(b) To develop and implement the program specified in subdivision (a), the commission shall do both of the
following:
(1) Coordinate with the Public Utilities Commission and consult with representatives from the Bureau of Real
Estate, the Department of Housing and Community Development, investor-owned and publicly owned utilities,
local governments, real estate licensees, commercial and homebuilders, commercial property owners, small
businesses, mortgage lenders, financial institutions, home appraisers, inspectors, energy rating organizations,
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consumer groups, environmental and environmental justice groups, and other entities the commission deems
appropriate.
(2) Hold at least three public hearings in geographically diverse locations throughout the state.
(c) In developing the requirements for the program specified in subdivision (a), the commission shall consider
all of the following:
(1) The amount of annual and peak energy savings, greenhouse gas emission reductions, and projected
customer utility bill savings that will accrue from the program.
(2) The most cost-effective means and reasonable timeframes to achieve the goals of the program.
(3) The various climatic zones within the state.
(4) An appropriate method to inform and educate the public about the need for, benefits of, and environmental
impacts of, the comprehensive energy efficiency program.
(5) The most effective way to report the energy assessment results and the corresponding energy efficiency
improvements to the owner of the residential or nonresidential building, including, among other things, the
following:
(A) Prioritizing the identified energy efficiency improvements.
(B) The payback period or cost-effectiveness of each improvement identified.
(C) The various incentives, loans, grants, and rebates offered to finance the improvements.
(D) Available financing options including all of the following:
(i) Mortgages or sales agreement components.
(ii) On-bill financing.
(iii) Contractual property tax assessments.
(iv) Home warranties.
(6) Existing statutory and regulatory requirements to achieve energy efficiency savings and greenhouse gas
emission reductions.
(7) A broad range of implementation approaches, including both utility and nonutility administration of energy
efficiency programs.
(8) Any other considerations deemed appropriate by the commission.
(d) The program developed pursuant to this section shall do all of the following:
(1) Minimize the overall costs of establishing and implementing the comprehensive energy efficiency program
requirements.
(2) Ensure, for residential buildings, that the energy efficiency assessments, ratings, or improvements do not
unreasonably or unnecessarily affect the home purchasing process or the ability of individuals to rent housing. A
transfer of property subject to the program implemented pursuant to this section shall not be invalidated solely
because of the failure of a person to comply with a provision of the program.
(3) Ensure, for nonresidential buildings, that the energy improvements do not have an undue economic impact
on California businesses.
(4) Determine, for residential buildings, the appropriateness of the Home Energy Rating System (HERS)
program to support the goals of this section and whether there are a sufficient number of HERS-certified raters
available to meet the program requirements.
(5) Determine, for nonresidential structures, the availability of an appropriate cost-effective energy efficiency
assessment system and whether there are a sufficient number of certified raters or auditors available to meet
the program requirements.
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(6) Coordinate with the California Workforce Investment Board, the Employment Training Panel, the California
Community Colleges, and other entities to ensure a qualified, well-trained workforce is available to implement
the program requirements.
(7) Coordinate with, and avoid duplication of, existing proceedings of the Public Utilities Commission and
programs administered by utilities.
(e) A home energy rating or energy assessment service does not meet the requirements of this section unless
the service has been certified by the commission to be in compliance with the program criteria developed
pursuant to this section and is in conformity with other applicable elements of the program.
(f) (1) The commission shall periodically update the criteria and adopt any revision that, in its judgment, is
necessary to improve or refine program requirements after receiving public input.
(2) On or before January 1, 2017, and at least once every three years thereafter, the commission shall adopt an
update to the program in furtherance of achieving an overall doubling of the energy efficiency of buildings by
January 1, 2030.
(g) Before implementing an element of the program developed pursuant to subdivision (a) that requires the
expansion of statutory authority of the commission or the Public Utilities Commission, the commission and the
Public Utilities Commission shall obtain legislative approval for the expansion of their authorities.
(h) The commission shall report on the status of the program in the integrated energy policy report pursuant to
Section 25302.
(i) The commission shall fund activities undertaken pursuant to this section from the Federal Trust Fund
consistent with the federal American Recovery and Reinvestment Act of 2009 (Public Law 111-5) or other
sources of nonstate funds available to the commission for the purposes of this section.
(j) For purposes of this section, the following terms mean the following:
(1) “Energy assessment” means a determination of an energy user’s energy consumption level, relative
efficiency compared to other users, and opportunities to achieve greater efficiency or improve energy resource
utilization.
(2) “Energy efficiency” means delivering equal or more services with less energy input from an energy source.
SEC. 7. Section 237.5 is added to the Public Utilities Code, to read:
237.5. “Transportation electrification” means the use of electricity from the electric electrical grid to power all or
part of vehicles, vessels, trains, boats, or other equipment that are mobile sources of air pollution and
greenhouse gases.
SEC. 8. Section 399.11 of the Public Utilities Code is amended to read:
399.11. The Legislature finds and declares all of the following:
(a) In order to attain a target of generating 20 percent of total retail sales of electricity in California from
eligible renewable energy resources by December 31, 2013, 33 percent by December 31, 2020, and 50 percent
by December 31, 2030, it is the intent of the Legislature that the commission and the Energy Commission
implement the California Renewables Portfolio Standard Program described in this article.
(b) Achieving the renewables portfolio standard through the procurement of various electricity products from
eligible renewable energy resources is intended to provide unique benefits to California, including all of the
following, each of which independently justifies the program:
(1) Displacing fossil fuel consumption within the state.
(2) Adding new electrical generating facilities in the transmission network within the Western Electricity
Coordinating Council service area.
(3) Reducing air pollution in the state.
(4) Meeting the state’s climate change goals by reducing emissions of greenhouse gases associated with
electrical generation.
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(5) Promoting stable retail rates for electric service.
(6) Meeting the state’s need for a diversified and balanced energy generation portfolio.
(7) Assistance with meeting the state’s resource adequacy requirements.
(8) Contributing to the safe and reliable operation of the electrical grid, including providing predictable electrical
supply, voltage support, lower line losses, and congestion relief.
(9) Implementing the state’s transmission and land use planning activities related to development of eligible
renewable energy resources.
(c) The California Renewables Portfolio Standard Program is intended to complement the Renewable Energy
Resources Program administered by the Energy Commission and established pursuant to Chapter 8.6
(commencing with Section 25740) of Division 15 of the Public Resources Code.
(d) New and modified electric transmission facilities may be necessary to facilitate the state achieving its
renewables portfolio standard targets.
(e) (1) Supplying electricity to California end-use customers that is generated by eligible renewable energy
resources is necessary to improve California’s air quality and public health, and the commission shall ensure
rates are just and reasonable, and are not significantly affected by the procurement requirements of this article.
This electricity may be generated anywhere in the interconnected grid that includes many states, and areas of
both Canada and Mexico.
(2) This article requires generating resources located outside of California that are able to supply that electricity
to California end-use customers to be treated identically to generating resources located within the state,
without discrimination.
(3) California electrical corporations have already executed, and the commission has approved, power purchase
agreements with eligible renewable energy resources located outside of California that will supply electricity to
California end-use customers. These resources will fully count toward meeting the renewables portfolio standard
procurement requirements.
SEC. 9. Section 399.12 of the Public Utilities Code is amended to read:
399.12. For purposes of this article, the following terms have the following meanings:
(a) “Conduit hydroelectric facility” means a facility for the generation of electricity that uses only the
hydroelectric potential of an existing pipe, ditch, flume, siphon, tunnel, canal, or other manmade conduit that is
operated to distribute water for a beneficial use.
(b) “Balancing authority” means the responsible entity that integrates resource plans ahead of time, maintains
load-interchange generation balance within a balancing authority area, and supports interconnection frequency
in real time.
(c) “Balancing authority area” means the collection of generation, transmission, and loads within the metered
boundaries of the area within which the balancing authority maintains the electrical load-resource balance.
(d) “California balancing authority” is a balancing authority with control over a balancing authority area
primarily located in this state and operating for retail sellers and local publicly owned electric utilities subject to
the requirements of this article and includes the Independent System Operator (ISO) and a local publicly owned
electric utility operating a transmission grid that is not under the operational control of the ISO. A California
balancing authority is responsible for the operation of the transmission grid within its metered boundaries which
may not be limited by the political boundaries of the State of California.
(e) “Eligible renewable energy resource” means an electrical generating facility that meets the definition of a
“renewable electrical generation facility” in Section 25741 of the Public Resources Code, subject to the
following:
(1) (A) An existing small hydroelectric generation facility of 30 megawatts or less shall be eligible only if a retail
seller or local publicly owned electric utility procured the electricity from the facility as of December 31, 2005. A
new hydroelectric facility that commences generation of electricity after December 31, 2005, is not an eligible
renewable energy resource if it will cause an adverse impact on instream beneficial uses or cause a change in
the volume or timing of streamflow.
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(B) Notwithstanding subparagraph (A), a conduit hydroelectric facility of 30 megawatts or less that commenced
operation before January 1, 2006, is an eligible renewable energy resource. A conduit hydroelectric facility of 30
megawatts or less that commences operation after December 31, 2005, is an eligible renewable energy
resource so long as it does not cause an adverse impact on instream beneficial uses or cause a change in the
volume or timing of streamflow.
(C) A facility approved by the governing board of a local publicly owned electric utility prior to June 1, 2010, for
procurement to satisfy renewable energy procurement obligations adopted pursuant to former Section 387,
shall be certified as an eligible renewable energy resource by the Energy Commission pursuant to this article, if
the facility is a “renewable electrical generation facility” as defined in Section 25741 of the Public Resources
Code.
(D) (i) A small hydroelectric generation unit with a nameplate capacity not exceeding 40 megawatts that is
operated as part of a water supply or conveyance system is an eligible renewable energy resource only for the
retail seller or local publicly owned electric utility that procured the electricity from the unit as of December 31,
2005. No unit shall be eligible pursuant to this subparagraph if an application for certification is submitted to the
Energy Commission after January 1, 2013. Only one retail seller or local publicly owned electric utility shall be
deemed to have procured electricity from a given unit as of December 31, 2005.
(ii) Notwithstanding clause (i), a local publicly owned electric utility that meets the criteria of subdivision (j) of
Section 399.30 may sell to another local publicly owned electric utility electricity from small hydroelectric
generation units that qualify as eligible renewable energy resources under clause (i), and that electricity may be
used by the local publicly owned electric utility that purchased the electricity to meet its renewables portfolio
standard procurement requirements. The total of all those sales from the utility shall be no greater than
100,000 megawatthours of electricity.
(iii) The amendments made to this subdivision by the act adding this subparagraph are intended to clarify
existing law and apply from December 10, 2011.
(2) (A) A facility engaged in the combustion of municipal solid waste shall not be considered an eligible
renewable energy resource.
(B) Subparagraph (A) does not apply to contracts entered into before January 1, 2016, for the procurement of
renewable energy resources from a facility located in Stanislaus County that was operational prior to September
26, 1996.
(f) “Procure” means to acquire through ownership or contract.
(g) “Procurement entity” means any person or corporation authorized by the commission to enter into contracts
to procure eligible renewable energy resources on behalf of customers of a retail seller pursuant to subdivision
(f) of Section 399.13.
(h) (1) “Renewable energy credit” means a certificate of proof associated with the generation of electricity from
an eligible renewable energy resource, issued through the accounting system established by the Energy
Commission pursuant to Section 399.25, that one unit of electricity was generated and delivered by an eligible
renewable energy resource.
(2) “Renewable energy credit” includes all renewable and environmental attributes associated with the
production of electricity from the eligible renewable energy resource, except for an emissions reduction credit
issued pursuant to Section 40709 of the Health and Safety Code and any credits or payments associated with
the reduction of solid waste and treatment benefits created by the utilization of biomass or biogas fuels.
(3) (A) Electricity generated by an eligible renewable energy resource attributable to the use of nonrenewable
fuels, beyond a de minimis quantity used to generate electricity in the same process through which the facility
converts renewable fuel to electricity, shall not result in the creation of a renewable energy credit. The Energy
Commission shall set the de minimis quantity of nonrenewable fuels for each renewable energy technology at a
level of no more than 2 percent of the total quantity of fuel used by the technology to generate electricity. The
Energy Commission may adjust the de minimis quantity for an individual facility, up to a maximum of 5 percent,
if it finds that all of the following conditions are met:
(i) The facility demonstrates that the higher quantity of nonrenewable fuel will lead to an increase in generation
from the eligible renewable energy facility that is significantly greater than generation from the nonrenewable
fuel alone.
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(ii) The facility demonstrates that the higher quantity of nonrenewable fuels will reduce the variability of its
electrical output in a manner that results in net environmental benefits to the state.
(iii) The higher quantity of nonrenewable fuel is limited to either natural gas or hydrogen derived by reformation
of a fossil fuel.
(B) Electricity generated by a small hydroelectric generation facility shall not result in the creation of a
renewable energy credit unless the facility meets the requirements of subparagraph (A) or (D) of paragraph (1)
of subdivision (e).
(C) Electricity generated by a conduit hydroelectric generation facility shall not result in the creation of a
renewable energy credit unless the facility meets the requirements of subparagraph (B) of paragraph (1) of
subdivision (e).
(D) Electricity generated by a facility engaged in the combustion of municipal solid waste shall not result in the
creation of a renewable energy credit. This subparagraph does not apply to renewable energy credits that were
generated before January 1, 2016, by a facility engaged in the combustion of municipal solid waste located in
Stanislaus County that was operational prior to September 26, 1996, and sold pursuant to contacts entered into
before January 1, 2016.
(i) “Renewables portfolio standard” means the specified percentage of electricity generated by eligible
renewable energy resources that a retail seller or a local publicly owned electric utility is required to procure
pursuant to this article.
(j) “Retail seller” means an entity engaged in the retail sale of electricity to end-use customers located within
the state, including any of the following:
(1) An electrical corporation, as defined in Section 218.
(2) A community choice aggregator. A community choice aggregator shall participate in the renewables portfolio
standard program subject to the same terms and conditions applicable to an electrical corporation.
(3) An electric service provider, as defined in Section 218.3. The electric service provider shall be subject to the
same terms and conditions applicable to an electrical corporation pursuant to this article. This paragraph does
not impair a contract entered into between an electric service provider and a retail customer prior to the
suspension of direct access by the commission pursuant to Section 80110 of the Water Code.
(4) “Retail seller” does not include any of the following:
(A) A corporation or person employing cogeneration technology or producing electricity consistent with
subdivision (b) of Section 218.
(B) The Department of Water Resources acting in its capacity pursuant to Division 27 (commencing with Section
80000) of the Water Code.
(C) A local publicly owned electric utility.
(k) “WECC” means the Western Electricity Coordinating Council of the North American Electric Reliability
Corporation, or a successor to the corporation.
SEC. 10. Section 399.13 of the Public Utilities Code is amended to read:
399.13. (a) (1) The commission shall direct each electrical corporation to annually prepare a renewable energy
procurement plan that includes the matter in paragraph (5), to satisfy its obligations under the renewables
portfolio standard. To the extent feasible, this procurement plan shall be proposed, reviewed, and adopted by
the commission as part of, and pursuant to, a general procurement plan process. The commission shall require
each electrical corporation to review and update its renewable energy procurement plan as it determines to be
necessary. The commission shall require all other retail sellers to prepare and submit renewable energy
procurement plans that address the requirements identified in paragraph (5).
(2) Every electrical corporation that owns electrical transmission facilities shall annually prepare, as part of the
Federal Energy Regulatory Commission Order 890 process, and submit to the commission, a report identifying
any electrical transmission facility, upgrade, or enhancement that is reasonably necessary to achieve the
renewables portfolio standard procurement requirements of this article. Each report shall look forward at least
five years and, to ensure that adequate investments are made in a timely manner, shall include a preliminary
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schedule when an application for a certificate of public convenience and necessity will be made, pursuant to
Chapter 5 (commencing with Section 1001), for any electrical transmission facility identified as being
reasonably necessary to achieve the renewable energy resources procurement requirements of this article. Each
electrical corporation that owns electrical transmission facilities shall ensure that project-specific interconnection
studies are completed in a timely manner.
(3) The commission shall direct each retail seller to prepare and submit an annual compliance report that
includes all of the following:
(A) The current status and progress made during the prior year toward procurement of eligible renewable
energy resources as a percentage of retail sales, including, if applicable, the status of any necessary siting and
permitting approvals from federal, state, and local agencies for those eligible renewable energy resources
procured by the retail seller, and the current status of compliance with the portfolio content requirements of
subdivision (c) of Section 399.16, including procurement of eligible renewable energy resources located outside
the state and within the WECC and unbundled renewable energy credits.
(B) If the retail seller is an electrical corporation, the current status and progress made during the prior year
toward construction of, and upgrades to, transmission and distribution facilities and other electrical system
components it owns to interconnect eligible renewable energy resources and to supply the electricity generated
by those resources to load, including the status of planning, siting, and permitting transmission facilities by
federal, state, and local agencies.
(C) Recommendations to remove impediments to making progress toward achieving the renewable energy
resources procurement requirements established pursuant to this article.
(4) The commission shall adopt, by rulemaking, all of the following:
(A) A process that provides criteria for the rank ordering and selection of least-cost and best-fit eligible
renewable energy resources to comply with the California Renewables Portfolio Standard Program obligations on
a total cost basis. This process shall take into account all of the following:
(i) Estimates of indirect costs associated with needed transmission investments.
(ii) The cost impact of procuring the eligible renewable energy resources on the electrical corporation’s
electricity portfolio.
(iii) The viability of the project to construct and reliably operate the eligible renewable energy resource,
including the developer’s experience, the feasibility of the technology used to generate electricity, and the risk
that the facility will not be built, or that construction will be delayed, with the result that electricity will not be
supplied as required by the contract.
(iv) Workforce recruitment, training, and retention efforts, including the employment growth associated with
the construction and operation of eligible renewable energy resources and goals for recruitment and training of
women, minorities, and disabled veterans.
(v) (I) Estimates of electrical corporation expenses resulting from integrating and operating eligible renewable
energy resources, including, but not limited to, any additional wholesale energy and capacity costs associated
with integrating each eligible renewable resource.
(II) No later than December 31, 2015, the commission shall approve a methodology for determining the
integration costs described in subclause (I).
(B) Rules permitting retail sellers to accumulate, beginning January 1, 2011, excess procurement in one
compliance period to be applied to any subsequent compliance period. The rules shall apply equally to all retail
sellers. In determining the quantity of excess procurement for the applicable compliance period, the commission
shall deduct from actual procurement quantities the total amount of procurement associated with contracts of
less than 10 years in duration and electricity products meeting the portfolio content of paragraph (3) of
subdivision (b) of Section 399.16.
(C) Standard terms and conditions to be used by all electrical corporations in contracting for eligible renewable
energy resources, including performance requirements for renewable generators. A contract for the purchase of
electricity generated by an eligible renewable energy resource, at a minimum, shall include the renewable
energy credits associated with all electricity generation specified under the contract. The standard terms and
conditions shall include the requirement that, no later than six months after the commission’s approval of an
electricity purchase agreement entered into pursuant to this article, the following information about the
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agreement shall be disclosed by the commission: party names, resource type, project location, and project
capacity.
(D) An appropriate minimum margin of procurement above the minimum procurement level necessary to
comply with the renewables portfolio standard to mitigate the risk that renewable projects planned or under
contract are delayed or canceled. This paragraph does not preclude an electrical corporation from voluntarily
proposing a margin of procurement above the appropriate minimum margin established by the commission.
(5) Consistent with the goal of increasing California’s reliance on eligible renewable energy resources, the
renewable energy procurement plan shall include all of the following:
(A) An assessment of annual or multiyear portfolio supplies and demand to determine the optimal mix of
eligible renewable energy resources with deliverability characteristics that may include peaking, dispatchable,
baseload, firm, and as-available capacity.
(B) Potential compliance delays related to the conditions described in paragraph (5) of subdivision (b) of Section
399.15.
(C) A bid solicitation setting forth the need for eligible renewable energy resources of each deliverability
characteristic, required online dates, and locational preferences, if any.
(D) A status update on the development schedule of all eligible renewable energy resources currently under
contract.
(E) Consideration of mechanisms for price adjustments associated with the costs of key components for eligible
renewable energy resource projects with online dates more than 24 months after the date of contract
execution.
(F) An assessment of the risk that an eligible renewable energy resource will not be built, or that construction
will be delayed, with the result that electricity will not be delivered as required by the contract.
(6) In soliciting and procuring eligible renewable energy resources, each electrical corporation shall offer
contracts of no less than 10 years duration, unless the commission approves of a contract of shorter duration.
(7) In soliciting and procuring eligible renewable energy resources for California-based projects, each electrical
corporation shall give preference to renewable energy projects that provide environmental and economic
benefits to communities afflicted with poverty or high unemployment, or that suffer from high emission levels of
toxic air contaminants, criteria air pollutants, and greenhouse gases.
(b) A retail seller may enter into a combination of long- and short-term contracts for electricity and associated
renewable energy credits. The commission may authorize a retail seller to enter into a contract of less than 10
years’ duration with an eligible renewable energy resource, if the commission has established, for each retail
seller, minimum quantities of eligible renewable energy resources to be procured through contracts of at least
10 years’ duration.
(c) The commission shall review and accept, modify, or reject each electrical corporation’s renewable energy
resource procurement plan prior to the commencement of renewable energy procurement pursuant to this
article by an electrical corporation.
(d) Unless previously preapproved by the commission, an electrical corporation shall submit a contract for the
generation of an eligible renewable energy resource to the commission for review and approval consistent with
an approved renewable energy resource procurement plan. If the commission determines that the bid prices are
elevated due to a lack of effective competition among the bidders, the commission shall direct the electrical
corporation to renegotiate the contracts or conduct a new solicitation.
(e) If an electrical corporation fails to comply with a commission order adopting a renewable energy resource
procurement plan, the commission shall exercise its authority to require compliance.
(f) (1) The commission may authorize a procurement entity to enter into contracts on behalf of customers of a
retail seller for electricity products from eligible renewable energy resources to satisfy the retail seller’s
renewables portfolio standard procurement requirements. The commission shall not require any person or
corporation to act as a procurement entity or require any party to purchase eligible renewable energy resources
from a procurement entity.
(2) Subject to review and approval by the commission, the procurement entity shall be permitted to recover
reasonable administrative and procurement costs through the retail rates of end-use customers that are served
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by the procurement entity and are directly benefiting from the procurement of eligible renewable energy
resources.
(3) The commission may authorize a procurement entity to procure ____ percent of retail sales of onsite
generation within the area served by the procurement entity to serve local electricity needs. Onsite renewable
generation shall be eligible renewable energy resources certified by the Energy Commission pursuant to Section
399.25 with a tracking system described in subdivision (c) of Section 399.25. Estimation of energy production
from onsite generation shall not be used to demonstrate compliance with this article.
(g) Procurement and administrative costs associated with contracts entered into by an electrical corporation for
eligible renewable energy resources pursuant to this article and approved by the commission are reasonable
and prudent and shall be recoverable in rates.
(h) Construction, alteration, demolition, installation, and repair work on an eligible renewable energy resource
that receives production incentives pursuant to Section 25742 of the Public Resources Code, including work
performed to qualify, receive, or maintain production incentives, are “public works” for the purposes of Chapter
1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
SEC. 11. Section 399.15 of the Public Utilities Code is amended to read:
399.15. (a) In order to fulfill unmet long-term resource needs, the commission shall establish a renewables
portfolio standard requiring all retail sellers to procure a minimum quantity of electricity products from eligible
renewable energy resources as a specified percentage of total kilowatthours sold to their retail end-use
customers each compliance period to achieve the targets established under this article. For any retail seller
procuring at least 14 percent of retail sales from eligible renewable energy resources in 2010, the deficits
associated with any previous renewables portfolio standard shall not be added to any procurement requirement
pursuant to this article.
(b) The commission shall implement renewables portfolio standard procurement requirements only as follows:
(1) Each retail seller shall procure a minimum quantity of eligible renewable energy resources for each of the
following compliance periods:
(A) January 1, 2011, to December 31, 2013, inclusive.
(B) January 1, 2014, to December 31, 2016, inclusive.
(C) January 1, 2017, to December 31, 2020, inclusive.
(D) January 1, 2021, to December 31, 2024, inclusive.
(E) January 1, 2025, to December 31, 2027, inclusive.
(F) January 1, 2028, to December 31, 2030, inclusive.
(2) (A) No later than January 1, 2017, the commission shall establish the quantity of electricity products from
eligible renewable energy resources to be procured by the retail seller for each compliance period. These
quantities shall be established in the same manner for all retail sellers and result in the same percentages used
to establish compliance period quantities for all retail sellers.
(B) In establishing quantities for the compliance period from January 1, 2011, to December 31, 2013, inclusive,
the commission shall require procurement for each retail seller equal to an average of 20 percent of retail sales.
For the following compliance periods, the quantities shall reflect reasonable progress in each of the intervening
years sufficient to ensure that the procurement of electricity products from eligible renewable energy resources
achieves 25 percent of retail sales by December 31, 2016, 33 percent by December 31, 2020, 40 percent by
December 31, 2024, 45 percent by December 31, 2027, and 50 percent by December 31, 2030. The
commission shall establish appropriate multiyear compliance periods for all subsequent years that require retail
sellers to procure not less than 50 percent of retail sales of electricity products from eligible renewable energy
resources.
(C) Retail sellers shall be obligated to procure no less than the quantities associated with all intervening years
by the end of each compliance period. Retail sellers shall not be required to demonstrate a specific quantity of
procurement for any individual intervening year.
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(3) The commission may require the procurement of eligible renewable energy resources in excess of the
quantities specified in paragraph (2).
(4) Only for purposes of establishing the renewables portfolio standard procurement requirements of paragraph
(1) and determining the quantities pursuant to paragraph (2), the commission shall include all electricity sold to
retail customers by the Department of Water Resources pursuant to Division 27 (commencing with Section
80000) of the Water Code in the calculation of retail sales by an electrical corporation.
(5) The commission shall waive enforcement of this section if it finds that the retail seller has demonstrated any
of the following conditions are beyond the control of the retail seller and will prevent compliance:
(A) There is inadequate transmission capacity to allow for sufficient electricity to be delivered from proposed
eligible renewable energy resource projects using the current operational protocols of the Independent System
Operator. In making its findings relative to the existence of this condition with respect to a retail seller that
owns transmission lines, the commission shall consider both of the following:
(i) Whether the retail seller has undertaken, in a timely fashion, reasonable measures under its control and
consistent with its obligations under local, state, and federal laws and regulations, to develop and construct new
transmission lines or upgrades to existing lines intended to transmit electricity generated by eligible renewable
energy resources. In determining the reasonableness of a retail seller’s actions, the commission shall consider
the retail seller’s expectations for full-cost recovery for these transmission lines and upgrades.
(ii) Whether the retail seller has taken all reasonable operational measures to maximize cost-effective deliveries
of electricity from eligible renewable energy resources in advance of transmission availability.
(B) Permitting, interconnection, or other circumstances that delay procured eligible renewable energy resource
projects, or there is an insufficient supply of eligible renewable energy resources available to the retail seller. In
making a finding that this condition prevents timely compliance, the commission shall consider whether the
retail seller has done all of the following:
(i) Prudently managed portfolio risks, including relying on a sufficient number of viable projects.
(ii) Sought to develop one of the following: its own eligible renewable energy resources, transmission to
interconnect to eligible renewable energy resources, or energy storage used to integrate eligible renewable
energy resources. This clause shall not require an electrical corporation to pursue development of eligible
renewable energy resources pursuant to Section 399.14.
(iii) Procured an appropriate minimum margin of procurement above the minimum procurement level necessary
to comply with the renewables portfolio standard to compensate for foreseeable delays or insufficient supply.
(iv) Taken reasonable measures, under the control of the retail seller, to procure cost-effective distributed
generation and allowable unbundled renewable energy credits.
(C) Unanticipated curtailment of eligible renewable energy resources if the waiver would not result in an
increase in greenhouse gas emissions.
(D) Unanticipated increase in retail sales due to transportation electrification. In making a finding that this
condition prevents timely compliance, the commission shall consider all of the following:
(i) Whether transportation electrification significantly exceeded forecasts in that retail seller’s service territory
based on the best and most recently available information filed with the State Air Resources Board, the Energy
Commission, or other state agency.
(ii) Whether the retail seller has taken reasonable measures to procure sufficient resources to account for
unanticipated increases in retail sales due to transportation electrification.
(6) If the commission waives the compliance requirements of this section, the commission shall establish
additional reporting requirements on the retail seller to demonstrate that all reasonable actions under the
control of the retail seller are taken in each of the intervening years sufficient to satisfy future procurement
requirements.
(7) The commission shall not waive enforcement pursuant to this section, unless the retail seller demonstrates
that it has taken all reasonable actions under its control, as set forth in paragraph (5), to achieve full
compliance.
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(8) If a retail seller fails to procure sufficient eligible renewable energy resources to comply with a procurement
requirement pursuant to paragraphs (1) and (2) and fails to obtain an order from the commission waiving
enforcement pursuant to paragraph (5), the commission shall assess penalties for noncompliance. A schedule of
penalties shall be adopted by the commission that shall be comparable for electrical corporations and other
retail sellers. For electrical corporations, the cost of any penalties shall not be collected in rates. Any penalties
collected under this article shall be deposited into the Electric Program Investment Charge Fund and used for
the purposes described in Chapter 8.1 (commencing with Section 25710) of Division 15 of the Public Resources
Code.
(9) Deficits associated with the compliance period shall not be added to a future compliance period.
(c) The commission shall establish a limitation for each electrical corporation on the procurement expenditures
for all eligible renewable energy resources used to comply with the renewables portfolio standard. This
limitation shall be set at a level that prevents disproportionate rate impacts.
(d) If the cost limitation for an electrical corporation is insufficient to support the projected costs of meeting the
renewables portfolio standard procurement requirements, the electrical corporation may refrain from entering
into new contracts or constructing facilities beyond the quantity that can be procured within the limitation,
unless eligible renewable energy resources can be procured without exceeding a de minimis increase in rates,
consistent with the long-term procurement plan established for the electrical corporation pursuant to Section
454.5.
(e) (1) The commission shall monitor the status of the cost limitation for each electrical corporation in order to
ensure compliance with this article.
(2) If the commission determines that an electrical corporation may exceed its cost limitation prior to achieving
the renewables portfolio standard procurement requirements, the commission shall do both of the following
within 60 days of making that determination:
(A) Investigate and identify the reasons why the electrical corporation may exceed its annual cost limitation.
(B) Notify the appropriate policy and fiscal committees of the Legislature that the electrical corporation may
exceed its cost limitation, and include the reasons why the electrical corporation may exceed its cost limitation.
(f) The establishment of a renewables portfolio standard shall not constitute implementation by the commission
of the federal Public Utility Regulatory Policies Act of 1978 (Public Law 95-617).
SEC. 12. Section 399.16 of the Public Utilities Code is amended to read:
399.16. (a) Various electricity products from eligible renewable energy resources located within the WECC
transmission network service area shall be eligible to comply with the renewables portfolio standard
procurement requirements in Section 399.15. These electricity products may be differentiated by their impacts
on the operation of the grid in supplying electricity, as well as meeting the requirements of this article.
(b) Consistent with the goals of procuring the least-cost and best-fit electricity products from eligible renewable
energy resources that meet project viability principles adopted by the commission pursuant to paragraph (4) of
subdivision (a) of Section 399.13 and that provide the benefits set forth in Section 399.11, a balanced portfolio
of eligible renewable energy resources shall be procured consisting of the following portfolio content categories:
(1) Eligible renewable energy resource electricity products that meet either of the following criteria:
(A) Have a first point of interconnection with a California balancing authority, have a first point of
interconnection with distribution facilities used to serve end users within a California balancing authority area,
or are scheduled from the eligible renewable energy resource into a California balancing authority without
substituting electricity from another source. The use of another source to provide real-time ancillary services
required to maintain an hourly or subhourly import schedule into a California balancing authority shall be
permitted, but only the fraction of the schedule actually generated by the eligible renewable energy resource
shall count toward this portfolio content category.
(B) Have an agreement to dynamically transfer electricity to a California balancing authority.
(2) Firmed and shaped eligible renewable energy resource electricity products providing incremental electricity
and scheduled into a California balancing authority.
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(3) Eligible renewable energy resource electricity products, or any fraction of the electricity generated, including
unbundled renewable energy credits, that do not qualify under the criteria of paragraph (1) or (2).
(c) In order to achieve a balanced portfolio, all retail sellers shall meet the following requirements for all
procurement credited toward each compliance period:
(1) Not less than 50 percent for the compliance period ending December 31, 2013, 65 percent for the
compliance period ending December 31, 2016, and 75 percent for the compliance period ending December 31,
2020, of the eligible renewable energy resource electricity products associated with contracts executed after
June 1, 2010, shall meet the product content requirements of paragraph (1) of subdivision (b). Each retail seller
shall continue to satisfy the product content requirements applicable to procurement quantities associated with
the compliance period ending December 31, 2020, and ensure that, for compliance periods ending after
December 31, 2020, not less than 75 percent of the incremental renewable procurement requirements in each
compliance period shall be satisfied with eligible renewable energy resource electricity products meeting the
requirements of paragraph (1) of subdivision (b).
(2) Not more than 25 percent for the compliance period ending December 31, 2013, 15 percent for the
compliance period ending December 31, 2016, and 10 percent for the compliance period ending December 31,
2020, of the eligible renewable energy resource electricity products associated with contracts executed after
June 1, 2010, shall meet the product content requirements of paragraph (3) of subdivision (b). For the
compliance periods ending after December 31, 2020, not more than 10 percent of the incremental renewable
procurement requirements in each compliance period shall be satisfied with eligible renewable energy resource
electricity products meeting the requirements of paragraph (3) of subdivision (b).
(3) Any renewable energy resources contracts executed on or after June 1, 2010, not subject to the limitations
of paragraph (1) or (2), shall meet the product content requirements of paragraph (2) of subdivision (b).
(4) For purposes of electric service providers only, the restrictions in this subdivision on crediting eligible
renewable energy resource electricity products to each compliance period shall apply to contracts executed after
January 13, 2011.
(d) Any contract or ownership agreement originally executed prior to June 1, 2010, shall count in full toward
the procurement requirements established pursuant to this article, if all of the following conditions are met:
(1) The renewable energy resource was eligible under the rules in place as of the date when the contract was
executed.
(2) For an electrical corporation, the contract has been approved by the commission, even if that approval
occurs after June 1, 2010.
(3) Any contract amendments or modifications occurring after June 1, 2010, do not increase the nameplate
capacity or expected quantities of annual generation, or substitute a different renewable energy resource. The
duration of the contract may be extended if the original contract specified a procurement commitment of 15 or
more years.
(e) A retail seller may apply to the commission for a reduction of a procurement content requirement of
subdivision (c). The commission may reduce a procurement content requirement of subdivision (c) to the extent
the retail seller demonstrates that it cannot comply with that subdivision because of conditions beyond the
control of the retail seller as provided in paragraph (5) of subdivision (b) of Section 399.15. The commission
shall not, under any circumstance, reduce the obligation specified in paragraph (1) of subdivision (c) below 65
percent for any compliance period obligation after December 31, 2016.
SEC. 13. Section 399.18 of the Public Utilities Code is amended to read:
399.18. (a) This section applies to an electrical corporation that as of January 1, 2010, met either of the
following conditions:
(1) Served 30,000 or fewer customer accounts in California and had issued at least four solicitations for eligible
renewable energy resources prior to June 1, 2010.
(2) Had 1,000 or fewer customer accounts in California and was not connected to any transmission system or to
the Independent System Operator.
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(b) For an electrical corporation or its successor, electricity products from eligible renewable energy resources
may be used for compliance with this article, notwithstanding any procurement content limitation in Section
399.16, provided that all of the following conditions are met:
(1) The electrical corporation or its successor participates in, and complies with, the accounting system
administered by the Energy Commission pursuant to subdivision (b) of Section 399.25.
(2) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the
requirements of Section 399.15.
(3) The electrical corporation continues to satisfy either of the conditions described in subdivision (a).
SEC. 14. Section 399.21 of the Public Utilities Code is amended to read:
399.21. (a) The commission, by rule, shall authorize the use of renewable energy credits to satisfy the
renewables portfolio standard procurement requirements established pursuant to this article, subject to the
following conditions:
(1) The commission and the Energy Commission shall ensure that the tracking system established pursuant to
subdivision (c) of Section 399.25, is operational, is capable of independently verifying that electricity earning
the credit is generated by an eligible renewable energy resource, and can ensure that renewable energy credits
shall not be double counted by any seller of electricity within the service territory of the WECC.
(2) Each renewable energy credit shall be counted only once for compliance with the renewables portfolio
standard of this state or any other state, or for verifying retail product claims in this state or any other state.
(3) All revenues received by an electrical corporation for the sale of a renewable energy credit shall be credited
to the benefit of ratepayers.
(4) Renewable energy credits shall not be created for electricity generated pursuant to any electricity purchase
contract with a retail seller or a local publicly owned electric utility executed before January 1, 2005, unless the
contract contains explicit terms and conditions specifying the ownership or disposition of those credits.
Procurement under those contracts shall be tracked through the accounting system described in subdivision (b)
of Section 399.25 and included in the quantity of eligible renewable energy resources of the purchasing retail
seller pursuant to Section 399.15.
(5) Renewable energy credits shall not be created for electricity generated under any electricity purchase
contract executed after January 1, 2005, pursuant to the federal Public Utility Regulatory Policies Act of 1978
(16 U.S.C. Sec. 2601 et seq.). Procurement under the electricity purchase contracts shall be tracked through
the accounting system implemented by the Energy Commission pursuant to subdivision (b) of Section 399.25
and count toward the renewables portfolio standard procurement requirements of the purchasing retail seller.
(6) A renewable energy credit shall not be eligible for compliance with a renewables portfolio standard
procurement requirement unless it is retired in the tracking system established pursuant to subdivision (c) of
Section 399.25 by the retail seller or local publicly owned electric utility within 36 months from the initial date
of generation of the associated electricity.
(b) The commission shall allow an electrical corporation to recover the reasonable costs of purchasing, selling,
and administering renewable energy credit contracts in rates.
SEC. 15. Section 399.30 of the Public Utilities Code is amended to read:
399.30. (a) To fulfill unmet long-term generation resource needs, each local publicly owned electric utility shall
adopt and implement a renewable energy resources procurement plan that requires the utility to procure a
minimum quantity of electricity products from eligible renewable energy resources, including renewable energy
credits, as a specified percentage of total kilowatthours sold to the utility’s retail end-use customers, each
compliance period, to achieve the targets of subdivision (c).
(b) The governing board shall implement procurement targets for a local publicly owned electric utility that
require the utility to procure a minimum quantity of eligible renewable energy resources for each of the
following compliance periods:
(1) January 1, 2011, to December 31, 2013, inclusive.
(2) January 1, 2014, to December 31, 2016, inclusive.
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(3) January 1, 2017, to December 31, 2020, inclusive.
(4) January 1, 2021, to December 31, 2024, inclusive.
(5) January 1, 2025, to December 31, 2027, inclusive.
(6) January 1, 2028, to December 31, 2030, inclusive.
(c) The governing board of a local publicly owned electric utility shall ensure all of the following:
(1) The quantities of eligible renewable energy resources to be procured for the compliance period from January
1, 2011, to December 31, 2013, inclusive, are equal to an average of 20 percent of retail sales.
(2) The quantities of eligible renewable energy resources to be procured for all other compliance periods reflect
reasonable progress in each of the intervening years sufficient to ensure that the procurement of electricity
products from eligible renewable energy resources achieves 25 percent of retail sales by December 31, 2016,
33 percent by December 31, 2020, 40 percent by December 31, 2024, 45 percent by December 31, 2027, and
50 percent by December 31, 2030. The Energy Commission shall establish appropriate multiyear compliance
periods for all subsequent years that require the local publicly owned electric utility to procure not less than 50
percent of retail sales of electricity products from eligible renewable energy resources.
(3) A local publicly owned electric utility shall adopt procurement requirements consistent with Section 399.16.
(4) A local publicly owned electric utility may procure ____ percent of retail sales of onsite generation within the
area served by that utility to serve local electricity needs. Onsite renewable generation shall be eligible
renewable energy resources certified by the Energy Commission pursuant to Section 399.25 with a tracking
system described in subdivision (c) of Section 399.25. Estimation of energy production from onsite generation
shall not be used to demonstrate compliance with this article.
(d) The governing board of a local publicly owned electric utility may adopt the following measures:
(1) Rules permitting the utility to apply excess procurement in one compliance period to subsequent compliance
periods in the same manner as allowed for retail sellers pursuant to Section 399.13.
(2) Conditions that allow for delaying timely compliance consistent with subdivision (b) of Section 399.15.
(3) Cost limitations for procurement expenditures consistent with subdivision (c) of Section 399.15.
(e) The governing board of the local publicly owned electric utility shall adopt a program for the enforcement of
this article. The program shall be adopted at a publicly noticed meeting offering all interested parties an
opportunity to comment. Not less than 30 days’ notice shall be given to the public of any meeting held for
purposes of adopting the program. Not less than 10 days’ notice shall be given to the public before any meeting
is held to make a substantive change to the program.
(f) (1) Each local publicly owned electric utility shall annually post notice, in accordance with Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code, whenever its
governing body will deliberate in public on its renewable energy resources procurement plan.
(2) Contemporaneous with the posting of the notice of a public meeting to consider the renewable energy
resources procurement plan, the local publicly owned electric utility shall notify the Energy Commission of the
date, time, and location of the meeting in order to enable the Energy Commission to post the information on its
Internet Web site. This requirement is satisfied if the local publicly owned electric utility provides the uniform
resource locator (URL) that links to this information.
(3) Upon distribution to its governing body of information related to its renewable energy resources
procurement status and future plans, for its consideration at a noticed public meeting, the local publicly owned
electric utility shall make that information available to the public and shall provide the Energy Commission with
an electronic copy of the documents for posting on the Energy Commission’s Internet Web site. This
requirement is satisfied if the local publicly owned electric utility provides the uniform resource locator (URL)
that links to the documents or information regarding other manners of access to the documents.
(g) A public utility district that receives all of its electricity pursuant to a preference right adopted and
authorized by the United States Congress pursuant to Section 4 of the Trinity River Division Act of August 12,
1955 (Public Law 84-386) shall be in compliance with the renewable energy procurement requirements of this
article.
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(h) For a local publicly owned electric utility that was in existence on or before January 1, 2009, that provides
retail electric service to 15,000 or fewer customer accounts in California, and is interconnected to a balancing
authority located outside this state but within the WECC, an eligible renewable energy resource includes a
facility that is located outside California that is connected to the WECC transmission system, if all of the
following conditions are met:
(1) The electricity generated by the facility is procured by the local publicly owned electric utility, is delivered to
the balancing authority area in which the local publicly owned electric utility is located, and is not used to fulfill
renewable energy procurement requirements of other states.
(2) The local publicly owned electric utility participates in, and complies with, the accounting system
administered by the Energy Commission pursuant to this article.
(3) The Energy Commission verifies that the electricity generated by the facility is eligible to meet the
renewables portfolio standard procurement requirements.
(i) Notwithstanding subdivision (a), for a local publicly owned electric utility that is a joint powers authority of
districts established pursuant to state law on or before January 1, 2005, that furnish electric services other than
to residential customers, and is formed pursuant to the Irrigation District Law (Division 11 (commencing with
Section 20500) of the Water Code), the percentage of total kilowatthours sold to the district’s retail end-use
customers, upon which the renewables portfolio standard procurement requirements in subdivision (b) are
calculated, shall be based on the authority’s average retail sales over the previous seven years. If the authority
has not furnished electric service for seven years, then the calculation shall be based on average retail sales
over the number of completed years during which the authority has provided electric service.
(j) A local publicly owned electric utility in a city and county that only receives greater than 67 percent of its
electricity sources from hydroelectric generation located within the state that it owns and operates, and that
does not meet the definition of a “renewable electrical generation facility” pursuant to Section 25741 of the
Public Resources Code, shall be required to procure eligible renewable energy resources, including renewable
energy credits, to meet only the electricity demands unsatisfied by its hydroelectric generation in any given
year, in order to satisfy its renewable energy procurement requirements.
(k) (1) A local publicly owned electric utility that receives greater than 50 percent of its annual retail sales from
its own hydroelectric generation that is not an eligible renewable energy resource shall not be required to
procure additional eligible renewable energy resources in excess of either of the following:
(A) The portion of its retail sales not supplied by its own hydroelectric generation. For these purposes, retail
sales supplied by an increase in hydroelectric generation resulting from an increase in the amount of water
stored by a dam because the dam is enlarged or otherwise modified after December 31, 2012, shall not count
as being retail sales supplied by the utility’s own hydroelectric generation.
(B) The cost limitation adopted pursuant to this section.
(2) For the purposes of this subdivision, “hydroelectric generation” means electricity generated from a
hydroelectric facility that satisfies all of the following:
(A) Is owned solely and operated by the local publicly owned electric utility as of 1967.
(B) Serves a local publicly owned electric utility with a distribution system demand of less than 150 megawatts.
(C) Involves a contract in which an electrical corporation receives the benefit of the electric generation through
June of 2014, at which time the benefit reverts back to the ownership and control of the local publicly owned
electric utility.
(D) Has a maximum penstock flow capacity of no more than 3,200 cubic feet per second and includes a
regulating reservoir with a small hydroelectric generation facility producing fewer than 20 megawatts with a
maximum penstock flow capacity of no more than 3,000 cubic feet per second.
(3) This subdivision does not reduce or eliminate any renewable procurement requirement for any compliance
period ending prior to January 1, 2014.
(4) This subdivision does not require a local publicly owned electric utility to purchase additional eligible
renewable energy resources in excess of the procurement requirements of subdivision (c).
(l) A local publicly owned electric utility shall retain discretion over both of the following:
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(1) The mix of eligible renewable energy resources procured by the utility and those additional generation
resources procured by the utility for purposes of ensuring resource adequacy and reliability.
(2) The reasonable costs incurred by the utility for eligible renewable energy resources owned by the utility.
(m) The Energy Commission shall adopt regulations specifying procedures for enforcement of this article. The
regulations shall include a public process under which the Energy Commission may issue a notice of violation
and correction against a local publicly owned electric utility for failure to comply with this article, and for referral
of violations to the State Air Resources Board for penalties pursuant to subdivision (n).
(n) (1) Upon a determination by the Energy Commission that a local publicly owned electric utility has failed to
comply with this article, the Energy Commission shall refer the failure to comply with this article to the State Air
Resources Board, which may impose penalties to enforce this article consistent with Part 6 (commencing with
Section 38580) of Division 25.5 of the Health and Safety Code. Any penalties imposed shall be comparable to
those adopted by the commission for noncompliance by retail sellers.
(2) Any penalties collected by the State Air Resources Board pursuant to this article shall be deposited in the Air
Pollution Control Fund and, upon appropriation by the Legislature, shall be expended for reducing emissions of
air pollution or greenhouse gases within the same geographic area as the local publicly owned electric utility.
SEC. 16. Article 17 (commencing with Section 400) is added to Chapter 2.3 of Part 1 of Division 1 of the Public
Utilities Code, to read:
Article 17. Clean Energy and Pollution Reduction
400. The commission and the Energy Commission shall do all of the following in furtherance of meeting the
state’s clean energy and pollution reduction objectives:
(a) Take into account the use of distributed generation to the extent that it provides economic and
environmental benefits in disadvantaged communities as identified pursuant to Section 39711 of the Health and
Safety Code.
(b) Take into account the opportunities to decrease costs and increase benefits, including pollution reduction
and grid integration, using technologies with zero onsite greenhouse gas emissions in proceedings associated
with meeting the objectives.
(c) Where feasible, authorize procurement of resources to provide grid reliability services that minimize reliance
on system power and fossil fuel resources and, where feasible, cost-effective, and consistent with other state
policy objectives, increase the use of large- and small-scale energy storage with a variety of technologies,
targeted energy efficiency, demand response, eligible renewable energy resources, or other technologies with
zero onsite greenhouse gas emissions to protect system reliability.
(d) Review technology incentive, research, development, deployment, and market facilitation programs
overseen by the commission and the Energy Commission and make recommendations to advance state clean
energy and pollution reduction objectives and provide benefits to disadvantaged communities as identified
pursuant to Section 39711 of the Health and Safety Code.
(e) To the extent feasible, give first priority to the manufacture and deployment of clean energy and pollution
reduction technologies that create employment opportunities, including high wage, highly skilled employment
opportunities, and increased investment in the state.
(f) Establish a publicly available tracking system to provide up-to-date information on progress toward meeting
the clean energy and pollution reduction goals of the Clean Energy and Pollution Reduction Act of 2015.
(g) Establish an advisory group consisting of representatives from disadvantaged communities identified in
Section 39711 of the Health and Safety Code. The advisory group shall review and provide advice on programs
proposed to achieve clean energy and pollution reduction and determine whether those proposed programs will
be effective and useful in disadvantaged communities.
SEC. 17. Section 454.51 is added to the Public Utilities Code, to read:
454.51. The commission shall direct each electrical corporation to include in its proposed procurement plan a
strategy for procuring a diverse portfolio of resources that provide a reliable electricity supply, including
renewable energy integration needs, using zero carbon-emitting resources to the maximum extent reasonable.
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The net capacity costs of those resources shall be allocated on a fully nonbypassable basis consistent with the
treatment of costs identified in paragraph (2) of subdivision (c) of Section 365.1.
SEC. 18. Section 701.1 of the Public Utilities Code is amended to read:
701.1. (a) (1) The Legislature finds and declares that, in addition to other ratepayer protection objectives, a
principal goal of electric and natural gas utilities’ resource planning and investment shall be to minimize the cost
to society of the reliable energy services that are provided by natural gas and electricity, and to improve the
environment and to encourage the diversity of energy sources through improvements in energy efficiency and
development of renewable energy resources, such as wind, solar, biomass, geothermal energy, and widespread
transportation electrification.
(2) The amendment made to this subdivision by the Clean Energy and Pollution Reduction Act of 2015 does not
expand the authority of the commission beyond that provided by other law.
(b) The Legislature further finds and declares that, in addition to any appropriate investments in energy
production, electrical and natural gas utilities should seek to exploit all practicable and cost-effective
conservation and improvements in the efficiency of energy use and distribution that offer equivalent or better
system reliability, and which are not being exploited by any other entity.
(c) In calculating the cost effectiveness of energy resources, including conservation and load management
options, the commission shall include, in addition to other ratepayer protection objectives, a value for any costs
and benefits to the environment, including air quality. The commission shall ensure that any values it develops
pursuant to this section are consistent with values developed by the State Energy Resources Conservation and
Development Commission pursuant to Section 25000.1 of the Public Resources Code. However, if the
commission determines that a value developed pursuant to this subdivision is not consistent with a value
developed by the State Energy Resources Conservation and Development Commission pursuant to subdivision
(c) of Section 25000.1 of the Public Resources Code, the commission may nonetheless use this value if, in the
appropriate record of its proceedings, it states its reasons for using the value it has selected.
(d) In determining the emission values associated with the current operating capacity of existing electric
powerplants pursuant to subdivision (c), the commission shall adhere to the following protocol in determining
values for air quality costs and benefits to the environment. If the commission finds that an air pollutant that is
subject to regulation is a component of residual emissions from an electric powerplant and that the owner of
that powerplant is either of the following:
(1) Using a tradable emission allowance, right, or offset for that pollutant, which (A) has been approved by the
air quality district regulating the powerplant, (B) is consistent with federal and state law, and (C) has been
obtained, authorized, or acquired in a market-based system.
(2) Paying a tax per measured unit of that pollutant.
The commission shall not assign a value or cost to that residual pollutant for the current operating capacity of
that powerplant because the alternative protocol for dealing with the pollutant operates to internalize its cost for
the purpose of planning for and acquiring new generating resources.
(e) (1) The values determined pursuant to subdivision (c) to represent costs and benefits to the environment
shall not be used by the commission, in and of themselves, to require early decommissioning or retirement of
an electric utility powerplant that complies with applicable prevailing environmental regulations.
(2) Further, the environmental values determined pursuant to subdivision (c) shall not be used by the
commission in a manner which, when those values are aggregated, will result in advancing an electric utility’s
need for new powerplant capacity by more than 15 months.
(f) This subdivision shall apply whenever a powerplant bid solicitation is required by the commission for an
electric utility and a portion of the amount of new powerplant capacity, which is the subject of the bid
solicitation, is the result of the commission’s use of environmental values to advance that electric utility’s need
for new powerplant capacity in the manner authorized by paragraph (2) of subdivision (e). The affected electric
utility may propose to the commission any combination of alternatives to that portion of the new powerplant
capacity that is the result of the commission’s use of environmental values as authorized by paragraph (2) of
subdivision (c). The commission shall approve an alternative in place of the new powerplant capacity if it finds
all of the following:
(1) The alternative has been approved by the relevant air quality district.
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(2) The alternative is consistent with federal and state law.
(3) The alternative will result in needed system reliability for the electric utility at least equivalent to that which
would result from bidding for new powerplant capacity.
(4) The alternative will result in reducing system operating costs for the electric utility over those which would
result from the process of bidding for new powerplant capacity.
(5) The alternative will result in equivalent or better environmental improvements at a lower cost than would
result from bidding for new powerplant capacity.
(g) This section does not require an electric utility to alter the dispatch of its powerplants for environmental
purposes.
(h) This section does not preclude an electric utility from submitting to the commission any combination of
alternatives to meet a commission-identified need for new capacity, if the submission is otherwise authorized by
the commission.
(i) This section does not change or alter any provision of commission decision 92-04-045, dated April 22, 1992.
SEC. 19. Section 740.8 of the Public Utilities Code is amended to read:
740.8. As used in Section 740.3, “interests” of ratepayers, short- or long-term, mean direct benefits that are
specific to ratepayers in the form of any of the following:
(a) Safer, more reliable, or less costly gas or electrical service, consistent with Section 451.
(b) More efficient use of the electric system.
(c) Improve integration of renewable energy generation.
(d) Activities that both directly benefit ratepayers and that promote at least one of the following:
(1) Energy efficiency.
(2) Reduction of health and environmental impacts from air pollution.
(3) Reduction of greenhouse gas emissions related to electricity and natural gas production and use.
(4) Increased use of alternative fuels.
SEC. 20. Section 740.12 is added to the Public Utilities Code, to read:
740.12. (a) (1) The Legislature finds and declares all of the following:
(A) Transportation electrification, natural gas vehicles as a short-term measure, fuel cell vehicles, and
transportation innovations Advanced clean vehicles and fuels are needed to reduce petroleum use, to meet air
quality standards, to improve public health, and to achieve greenhouse gas emissions reduction goals.
(B) Widespread transportation electrification is needed to achieve the goals of the Charge Ahead California
Initiative (Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of the Health and Safety
Code).
(C) Reducing emissions of greenhouse gases to 40 percent below 1990 levels by 2030 and to 80 percent below
1990 levels by 2050 will require widespread transportation electrification.
(D) Widespread transportation electrification requires electrical corporations to increase access to the use of
electricity as a transportation fuel.
(E) Deploying electric vehicles should assist in integrating generation from eligible renewable energy resources
and reduce fuel costs for vehicle drivers who charge in a manner consistent with electric electrical grid
conditions.
(F) Deploying electric vehicle charging infrastructure should facilitate increased sales of electric vehicles by
making charging easily accessible and should provide the opportunity to access electricity as a fuel that is
cleaner than gasoline or other fossil fuels.
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(G)Deploying natural gas and fuel cell infrastructure should facilitate increased sales of natural gas or fuel cell
vehicles by making refueling easily accessible and should provide the opportunity to access fuels that are
cleaner than gasoline.
(H)
(G) According to the State Alternative Fuels Plan analysis by the Energy Commission and the State Air
Resources Board, light-, medium-, and heavy-duty vehicle electrification results in approximately 70 percent
fewer greenhouse gases emitted, over 85 percent fewer ozone-forming air pollutants emitted, and 100 percent
fewer petroleum used. These reductions will become larger as renewable generation increases.
(2) It is the policy of the state and the intent of the Legislature to encourage transportation electrification as a
means to achieve ambient air quality standards and the state’s climate goals. Agencies designing and
implementing regulations, guidelines, plans, and funding programs to reduce greenhouse gas emissions should
take the finding described in subparagraph (H) (G) of paragraph (1) into account.
(b) The commission, in consultation with the State Air Resources Board and the Energy Commission, shall direct
electrical corporations to propose multiyear programs and investments to accelerate widespread transportation
electrification to reduce dependence on petroleum, meet air quality standards, achieve the goals set forth in the
Charge Ahead California Initiative (Chapter 8.5 (commencing with Section 44258) of Part 5 of Division 26 of the
Health and Safety Code), and reduce emissions of greenhouse gases to 40 percent below 1990 levels by 2030
and to 80 percent below 1990 levels by 2050. The commission shall approve programs and investments that
deploy charging infrastructure, as distribution system costs, if they are consistent with this section and Section
740.3.
(c) The commission shall review data concerning current and future electric transportation adoption rates and
charging infrastructure utilization rates no less than every three years and prior to any further authorization for
an electrical corporation to collect additional new program costs related to transportation electrification in
ratepayer rates. If market barriers unrelated to the investment made by an electric corporation prevent electric
transportation from adequately utilizing available charging infrastructure, the commission shall not permit
additional investments in transportation electrification without adequate assurance that the investments would
not result in stranded costs recoverable from ratepayers.
SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California
Constitution because a local agency or school district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service mandated by this act or because costs that
may be incurred by a local agency or school district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6
of Article XIIIB of the California Constitution.
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