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2017-09-20 Packet
1 2 3 4 5 6 7 8 9 UVSDLitigationUpdateAttachment#23 10 11 1 Attachment 1 - DRAFT CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 6, 2017 6:00 p.m. 1. ROLL CALL 2.PLEDGE OF ALLEGIANCE Ukiah City Council met at a Regular Meeting on September 6, 2017, having been legally noticed on September 1, 2017. Mayor Brown called the meeting to order at 6:02 p.m. Roll was taken with the followingCouncilmembers Present: Stephen G. Scalmanini, Douglas F. Crane, Maureen Mulheren, Kevin Doble, and Jim O. Brown. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Ashley Cocco, Deputy City Clerk. MAYOR BROWN PRESIDING. The Pledge of Allegiance was led by Councilmember Mulheren. 3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a.Proclamation for Pollution Prevention Week and Creek Week 2017. Presenter:Rick Seanor, Deputy Director of Public Works / City Engineer Public Comment: Deborah Edelman Proclamation was read by Mayor Brown and received by Deborah Edelman with the Mendocino County Resource Conservation District. b.Status Report, Discussion and Possible Action Regarding the Ukiah Valley Sanitation District’s Litigation Against the City of Ukiah Related to the Operation of the Sanitary Sewer System. Presenter:Sage Sangiacomo, City Manager Report was received. 4.PETITIONS AND COMMUNICATIONS 5.APPROVAL OF MINUTES a. Minutes of August 16, 2017, a Regular Meeting. b. Minutes of August 24, 2017, a Special Meeting. Motion/Second: Mulheren/Dobleto approve Minutes of August 16, 2017, a Regular Meeting,as submitted and Minutes of August 24, 2017, a Special Meeting, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 2 Page1 of 4 City Council Minutes for September 6, 2017, Continued: c. Minutes of August 30, 2017, a Special Meeting. Motion/Second: Mulheren/Dobleto approve Minutes of August 30, 2017, a Special Meeting,as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, and Doble. NOES: None. ABSENT: None. ABSTAIN: Brown. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR a. Report of Disbursements for the Month of July 2017 – Finance. b. Authorization to Submit an Application for Department of Finance Transitional Housing Grant and Authorization for the City Manager to Execute All Necessary Documents Along with the Addition of Corresponding Budget Amendments if Funds Are Awarded – Economic Development. c. Notification to City Council for the Purchase of a New 2017 Toyota Tacoma, from Thurston Chevrolet, Toyota, Scion for the Water Resources Department in the Total Amount of - Water Resources. d. Authorize Execution of an Amendment (COU No. 1516-229-A5) to the Agreement with SHN in an Amount Not to Exceed $30,465 for Additional Services for the North State Street – Low Gap Road Storm Drain and Traffic Signal Project and Approve Budget Amendments – Public Works. e. Authorize City Manager to Execute the Subrecipient Agreement (COU No. 1718-104) with the Mendocino Council of Governments – Public Works. f. Authorize City Manager to Negotiate and Execute Lease Agreement (COU No. 1718-105) with North Coast Opportunities for the Development and Operation of the Oak Street Park Veterans Community Garden – Community Services. g. Notification of Purchase of Professional Consulting Services for Landscape Design and Grant Writing Assistance for California Urban Rivers Grant for Riverside Park from Ann Baker Landscaping in the Amount of $11,987.31 (COU No. 1718-106)– Community Services. h. Notification of Acquisition of Professional Services from SHN Consulting Engineers and Geologists for Materials, Compaction and Geotechnical Testing and Inspection Services for the North State Street Intersection Improvements at Low Gap Road/Brush Street, Specification No 17-02, in the Amount of $13,060 (COU No. 1718-108) and Approval of Corresponding Budget Amendment – Public Works. Motion/Second: Scalmanini/Doble to approve Consent Calendar Items 7a-7h, as submitted. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Presenters: Edward Haynes – homeless shelter; Bill Phasett – homeless shelter 3 Page2 of 4 City Council Minutes for September 6, 2017, Continued: 9. COUNCIL REPORTS Presenters:Councilmember Mulheren; Vice Mayor Doble 10. CITY MANAGER/CITY CLERK REPORTS Presenters:Sage Sangiacomo, City Manager; Kirk Thomsen, Interim Fire Chief; Jarod Thiele, Public Works Management Analyst; Shannon Riley, Deputy City Manager 11. PUBLIC HEARINGS (6:15PM) 12. UNFINISHED BUSINESS a. Authorize Execution of Amendment to the Agreement with GHD in an Amount Not to Exceed $251,025 for Construction Engineer and Management Services for the Redwood Business Park Transportation Improvements and the Talmage Interchange Projects. Presenters:Tim Eriksen, Director of Public Works / City Engineer; Jarod Thiele, Public Works Management Analyst Motion/Second: Crane/Dobletoauthorize execution of amendment to the agreement (COU No. 1213-142-A12) with GHD, Inc. in an amount not to exceed$251,025 for Construction Engineer and Management Services for the Redwood Business Park Transportation Improvements and the Talmage Interchange projects. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Award Contract for Transportation Improvements for Redwood Business Park, Specification No. 17-09, to Ghilotti Construction Company in the Amount of $4,608,888. Presenters:Tim Eriksen, Director of Public Works / City Engineer; Jarod Thiele, Public Works Management Analyst Motion/Second: Crane/Scalmaninitoaward contract (COU No. 1718-107) for Transportation Improvements for Redwood Business Park, Specification No. 17-09, to Ghilotti Construction Company the lowest responsive, responsible bidder based on bids submitted on August 30, 2017. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 13. NEW BUSINESS a. Discussion and Possible Action to Determine the City’s Position on the 2017 Resolutions being Considered by the League of California Cities and Provide Corresponding Voting Instructions to the City of Ukiah’s Voting Delegate. Presenter:Sage Sangiacomo, City Manager Motion/Second: Brown/Craneto give direction to the City’s Voting Delegate to express City support for both proposed resolutions. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. b. Authorize Staff by Resolution to Purchase Two 2018 Pierce Enforcer Type 1 Engines, and Authorize Negotiating/Executing an Equipment Lease with Umpqua Bank Along with the Corresponding Budget Amendment. Presenters:Kirk Thomsen, Interim Fire Chief; Dave Kirch, Fleet Maintenance Supervisor; Dan Buffalo, Director of Finance Motion/Second: Doble/Scalmaninitoauthorize staff to purchase two 2018 Pierce Enforcer Type 1 Engines, authorize the City Manager to negotiate and execute an equipment lease with Umpqua Bank, and adopt corresponding resolution (2017-42) and budget amendment. Motion carried by the 4 Page3 of 4 City Council Minutes for September 6, 2017, Continued: following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. c. Discussion and Consideration of Modifications to the 2017 Council Special Assignment and Ad Hoc List, and Adoption of Resolution Establishing the Fire Executive Committee. Presenter:Sage Sangiacomo, City Manager Motion/Second: Crane/Mulherento disband the Fire District Merger Ad Hoc; adopt the Resolution (2017-43) to establish the Fire Executive Committee with Mayor Brown and Vice Mayor Doble as assigned. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second: Doble/Cranetoestablish and appoint two members, Mayor Brown and Councilmember Mulheren, to serve on the Solid Waste Rate Ad Hoc. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. Motion/Second: Crane/Dobletoestablish and appoint two members, Mayor Brown as primary and nd Vice Mayor Doble as alternate, to serve on the assignment of County 2 District Liaison. Motion carried by the following roll call votes: AYES: Scalmanini, Crane, Mulheren, Doble, and Brown. NOES: None. ABSENT: None. ABSTAIN: None. 14. CLOSED SESSION THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 7:20 PM. a. 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 (Palace Hotel) b. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)) Name of case: Ukiah Valley Sanitation District v. City of Ukiah, Sonoma County Superior Court, Case No. SCV 256737 (UVSD) c. Conference with Real Property Negotiators (Cal. Gov’t Code Section 54956.8) Property: 429 South Dora St. Ukiah, CA 95482 Negotiator: Sage Sangiacomo, City Manager; Negotiating Parties: City of Ukiah and Ukiah Unified School District; Under Negotiation: Price & Terms of Payment 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:10 p.m. ________________________________ Ashley Cocco, Deputy City Clerk 5 Page4 of 4 1 2 CITY OF UKIAHAttachment 1 REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF AUGUST FUNDS: 100General Fund$262,494.51700Sanitary Disposal Site Fund$10,111.63 105Measure S General Fund$60,281.49701Landfill Corrective Fund 110Special General Fund702Disposal Closure Reserve Fund 201Worker's Comp Fund704Post Closure Fund - Solid Waste$0.00 202Liability Fund$433,487.00720Golf Fund$2.73 203Garage Fund$6,287.49730Confernence Center Fund$7,382.46 204Purchasing Fund $1,204.49750Visit Ukiah $0.00 205Billing & Collections Fund$6,319.14777Airport Fund$110,048.16 206Public Safety Dispatch Fund$2,912.76778Airport Capital Improvement Fund$7,840.50 207Payroll Posting Fund$241,003.10779Special Aviation Fund$81,356.10 208Building Maintenance/Corp Yard Fund$22,392.25800Electric Fund$813,683.65 209IT Fund$127,573.28801Electric Capital Reserve Fund$228,043.60 220Equipment Reserve Fund$63,957.14803Lake Mendocino Bond Reserve 250Special Revenue Fund$1,258.67805Street Lighting Fund$12,240.29 251 Special Projects Reserve Fund 806Public Benefits Fund$4,498.14 300Park Development Fund820Water Fund$104,648.97 301Anton Stadium Fund$0.00822Water Capital Improvement Fund$1,147,294.30 302Observatory Park Fund830Recycled Water Fund$1,046.53 304Swimming Pool Fund $0.00 305Riverside Park Fund$0.00840City/District Sewer Fund $611,386.96 306Skate Park Fund$0.00841Sewer Contruction Fund$1,385,381.14 310Museum Grants$151,354.82843Sewer Capital Fund 311Alex Rorbaugh Recreation Center Fund$3,273.33900Special Deposit Trust$2,553.85 312Downtown Business Improvement Fund$28.00901General Service (Accts Recv)$1,286.54 313LMIHF Housing Asset Fund902U.S.W. Billing & Collection$27,078.88 314Winter Special Events$189.86903Public Safety - AB 109$0.00 5002106 Gas Tax Fund905Federal Emergency Shelter Grant 5012107 Gas Tax Fund905Mendocino Emergency Service Authority 5032105 Gas Tax Fund911Russian River Watershed Association 505Signalization Fund940Sanitation District Special Fund$1,923,384.24 506Bridge Fund943Sanitation District Capital Improvement Fund$917,291.99 5071998 STIP Augmentation Fund952REDIP Sewer Enterprise Fund($202,547.17) 508SB325 Reimbursement Fund960Community Redevelopment Agency 509S.T.P. Fund961RDA Housing Pass-Through 510Trans-Traffic Congest Relief Fund$2,863.65962Redevelopment Housing Fund 600Community Development Block Grant963Housing Debt 601EDBG 94-333 Revolving Loan964RDA Capital Pass-Through 602Community Development Fund965Redevelopment Capital Improvement Fund$4,917.66 60308-HOME-4688966Redevelopment Debt Service 604CDBG Grant 09-STBG-6417967Housing Bond Proceeds 60511-HOME-7654 Fund$0.00968Non-Housing Bond Proceeds 606CDBG Grant 10-EDEF-7261969RDA Obligation Retirement Fund$1,308.00 607Prop 84 Grant Fund844/944Sewer Capital Projects Fund$1,782,555.94 60913-CDBG-8940915UVFD$12,347.11 610City RDA Projects FundRetainage Withheld$47,535.30 630Asset Seizure Fund$11,817.78942Rate Stablilization - UVSD Fund$26,615.95 631Asset Seizure Fund (Drug/Alcohol)951REDIP Fund - UVSD$140,268.61 633H & S Education 11489(B)(2)(A1)$5,000.00 634Federal Asset Seizure Grants 635SUP Law Enforcement Service Fund$2,404.64 637Local Law Enforcement Block Grant 638Asset Forfeiture 11470.2 H & S 639Special Revenue - Police$0.00 640Parking District Fund$584.13 691Museum Fund$4,111.13 PAYROLL CHECK NUMBERS: 505135 - 505197TOTAL DEMAND PAYMENTS- A/P CHECKS$10,620,360.72 DIRECT DEPOSIT NUMBERS: 83019 - 83241TOTAL DEMAND PAYMENTS-WIRES* & EFT's$424.00 PAYROLL PERIOD: 7/16/17 - 7/29/17TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$866,748.03 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) PAYROLL CHECK NUMBERS: 505198 - 505259$538,491.28 DIRECT DEPOSIT NUMBERS: 83242 - 53472* vendor name( if applicable) PAYROLL PERIOD: 7/30/17 - 8/12/17 PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: TOTAL PAYMENTS$12,026,024.03 3023027, 3023170, 3022729, 3022007, 3022749, 3021386 MANUAL CHECK NUMBERS: WIRE TRANSFER NUMBERS: CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on ____________________. _____________________________________________________ City Clerk APPROVAL OF CITY MANAGERCERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. 3 ____________________________________________________________________________________________ City ManagerDirector of Finance Account Code Summary Attachment 2 10000000General Fund20526430Electric Department - Meter Readers 10010000City Council20620231Ukiah Dispatch 10011100City Clerk20620232Ft Bragg Dispatch 10011300Elections20700000Payroll Posting Fund 10012100City Manager20822500Building Maintenance 10012200Administrative Support20824300Corporation Yard 10012400Miscellaneous General Government20922900IT Fund 10013400Finance Department22013300FA Replace - Finance UB 10014000City Attorney22020200FA Replace - Police Operations 10015100Treasury Management22021210FA Replace - Fire Administration 10016100Human Resources22022900FA Replace - Information Technology 10017100Economic Development22024100FA Replace - Garage 10018000Community Outreach 22024220FA Replace - Streets 10020217Animal Control 22024413FA Replace - Water Distribution Cap 10022100Parks 22024414FA Replace - Water Distribution O&M 10022300Aquatics22024421FA Replace - City Wastewater 10022800Recreation 25024210Engineering Reserve 10022810Recreation Administration25024300Corporation Yard Reserve 10022821Adult Basketball 25122900CIP - IT 10022822Adult Softball25123100CIP - Planning 10022824Co-Ed Volleyball25124210CIP - Engineering 10022831Youth Basketball25124220CIP - Streets 10022832Youth Softball25124410CIP - Water 10022840Day Camp25124421CIP - City Wastewater 10022850Classes & Clinics25126410CIP - Electric 10022860Special Activities30022200Park Development 10023100Community Planning30122210Anton Stadium 10023320Building Inspection30222220Observatory Park 10024210Engineering30522250Riverside Park 10024214Traffic Signals30622260Skate Park 10024220Streets 30822280Project Planning 10024224Storm Drains31022700Museum Grant 10514000Police - City Attorney31122870Alex Rorabaugh Recreation Center 10520210Patrol31217100Downtown Business Improvement District 10520214Police Reserves50524210Engineering - Signalization Fund 10520216COPS Grant50624210Capital Engineering 10520218Police - CSO50824210SB325 - Engineering 10520224Police - Major Crimes Task Force50824220SB325 - Streets 10521210Fire Administration50924210STP - Engineering 10521312Fire Volunteer Station50924220STP - Streets 20112400Worker's Compensation Fund51024220Trans - Traffic Slurry Seal 20212400Liability Fund 510X9999Trans -Traffic Project 20324100Garage Fund60217441Grant - CDBG 602 20413500Purchasing Fund60317442Grant - HOME 603 20513300Billing and Collections60417441Grant - CDBG 604 20514000Billing and Collections - City Attorney60517442Grant - HOME 605 4 20524412Water Department - Meter Readers60517461First Time Homebuyer Program Account Code Summary Attachment 2 60517462FTHB Activity Delivery80026130Electric Substation 60517467FTHB - PIR80026140Reimbursable Work for Others 60600000CDBG Grant 10-EDEF-7261 Fund80026200Electric Metering 60617441Grant - CDBG 60680026300Electric Generation 60617451General Administration80026312Mendocino Hydro 60617452AD ED Direct Financial Assistance80026330Hydro Electric 60617453ED Direct Financial Assistance80026400Electric Administration 60717443Grant Prop 8480026410Electric General Administration 60724413Prop 84 Water Distribution Cap80026430Interdepartmental Charges 6090000013-CDBG-894080326330Hydro Plant 6091745813-CDBG-894080526610Street Lighting 63020210Asset Seizure Expenditure80626500Public Benefit 63120210Drug & Alcohol Education82024410Water 63320210H&S Asset Seizure Expenditure 82024411Water - Production O&M 63420250Fed Asset Seizure Expenditure 82024413Water - Distribution Capital 63520210SLESF82024414Water - Distribution O&M 63820210Asset Forfeiture 11470 82024415Water - Production Capital 64020213Parking Enforcement82224413Water - Distribution Capital 69122700Museum84024420Wastewater 70024500Landfill 70084024421Wastewater City - O&M 70224500Landfill Closure84024422Wastewater City - Capital 70424500Landfill Post closure84024425Wastewater Treatment - O&M 72022400Golf84124426Wastewater Treatment - Capital 73022600Conference Center84224420Wastewater 75017110Visit Ukiah84324422Wastewater City - Capital 77725200Airport Operations84424421Wastewater City Capital - O&M 77817411FAA Grant84424422Wastewater City - Capital 80026100Electric Administration90000000Special Deposit Trust Fund 80026110Electric Overhead91190100Russian River Watershed Assoc 80026120Electric Underground96900000Successor Agency 5 hĬƆĻĭƷ /ƚķĻ {ǒƒƒğƩǤ Attachment 3 12102INVENTORY OF SUPPLIES52526FRAUD INVEST. ASSESSMENT 12103STORES PURCHASES52527A.D.P. PREMIUM & DEDUCTIBLE 12104INVENTORY - PURCHASES52528LIABILITY INSURANCE 12105STORES ISSUES52529EARTHQUAKE & FLOOD PREMIUMS 51211PERS UNFUNDED LIABILITY52530POLLUTION-ENVIRON INS PREMIUM 51280OVERTIME/CALLOUT MEALS52531UMEMPLOY. INS EXPENSE 51285CALLOUT MILEAGE REIMBURSEMENTS52532SAFETY & TRAINING SUPPORT 52100CONTRACTED SERVICES52600RENT 52107CONTRACTED SERVICES-EIR52841SUCCESSOR AGENCY ADMIN 52108CONTRACT SERVICES-GPU54100SUPPLIES 52110AMBULANCE BILLING54101POSTAGE 52111MAINT. CONTRCTS - DEFIBRULATOR54102SMALL TOOLS 52112M. S. OVERSIGHT54105PHOTOGRAPHIC EXPENSE 52113PLANNING STUDIES54106SPECIALTY SUPPLIES 52114COMPLIANCE STUDIES54120PW - SPECIAL SUPPLIES 52120LABOR CHARGES FROM OTHER DEPAR54121PW - ASPHALT CONCRETE 52130EDUCATIONAL & MARKETING MATL'S54122PW - AGGREGATE BASE 52131ASSISTANCE TO SENIORS54123PW - CRACK SEALANT 52132EMERGENCY ASSISTANCE54124PW - CONCRETE/SUPPLIES 52133MONTHLY DISCOUNT PROGRAM54125PW - TRAFFIC PAINT 52134CONTRACT ADMINISTRATION54126PW-PREMARKS 52135ENERGY CONSERVATION PROGRAM54127PW - SIGN POSTS/SHEETING 52136PHOTOVOLTAIC RATES/INCENTIVE54128PW - COLD PATCH MATERIAL 52137PUBLIC BENEFITS PROGRAM MGMT54129PW - TACK OIL 52138NCPA PUBLIC BENEFITS PROGRAM54130PW - SAFETY 52139RESEARCH, DEVELOPMENT & DEMO54131PW - BARRICADES & CONES 52140LITIGATION EXPENSES54160HR - CITY LIABILITY & CONTRACT 52145DETACHMENT-SEWER-UVSD54161HR - BACKGROUND & PHYSICALS 52150LEGAL SERVICES/EXPENSES54162HR - ADVERTISING 52151AFLAC & PERS INSUR ADMIN FEES54163HR - INTERVIEW SUPPLIES 52170UKIAH WASTE SOLUTIONS54164HR - FORMS & OTHER DIV. EXP. 52171RESIDENTIAL BILLING CHARGE54165HR - NEW EMPLOYEE FINGERPRINT 52172COMMERCIAL OVERSIGHT FEE54166HR - DOT TESTING PROGRAM 52180SECURITY SERVICES54167HR - EMPLOYEE DEVELOPMENT 52301PROPERTY TAX ADMIN FEE54168HR - REMIF SAFETY TRNG & SUPPO 52302AMBULANCE FEES54201PRISONER EXPENSE 52303REHIT SUPPORT54202MAJOR CRIME INVETIGATIONS 52304LAFCO FEES AND PROP TAX EXP54320SOFTWARE 52500TRUSTEE FEES55100TELEPHONE 52510ADVERTISING & PROMOTION55200PG&E 52515ADVERTISING & PUBLICATION55210UTILITIES 52521LIABILITY INSURANCE PREMIUM56100VEHICLE & EQUIPMENT MAINT. & R 52522LIABILITY INSURANCE DEDUCT56110CITY GARAGE - PARTS 52523BOILER/MACHINERY PREMIUMS56111CITY GARAGE - LABOR 52524PROPERTY INSURANCE56112EQUIPMENT PARTS FOR RESALE 6 52525WORKER'S COMP. EXPENSE56120EQUIPMENT MAINTENANCE & REPAIR 56121R & M RADIO EQUIPMENT80235SYSTEM MAINTENANCE 56122R & M NON-AUTO EMS EQUIPMENT80236EMERGENCY/CONTINGENCY 56123R & M COMPUTERS90100LOAN PROCEEDS 56124MAINT CONTRACT DEFIBULATORS90101LOAN PAYMENT RECEIVED 56130EXTERNAL SERVICES90301LOAN REPAYMENT 56210FUEL & FLUIDS90410BOND PROCEEDS 56300BUILDING MAINT. & REPAIR 56410EQUIPMENT RENTAL - PRIVATE 56504FACILITY MAINTENANCE & REPAIR 56600AIRFIELD MAINTENANCE & REPAIR 56700LANDFILL CLOSURE EXPENSE 57100CONFERENCE & TRAINING 57101CONF & TRAINING-AQUATICS 57102CONF & TRAINING-PARKS STAFF 57200MEETINGS 57300MEMBERSHIPS & SUBSCRIPTIONS 58101NCPA PLANT GENERATION 58102NCPA POWER PURCHASES 58103NCPA TRANSMISSION 58104NCPA MANAGEMENT SERVICES 58105NCPA THIRD PARTY SALES 58106NCPA PASS THROUGH COSTS 58107NCPA COMMITMENTS ACTIVITY 58201WATER PURCHASES 58202WATER TREATMENT PLANT CHEMICAL 58401AVIATION FUEL 58410GARAGE LUBRICANTS & PARTS 58510REIMBRSABLE JOBS 59100PROPERTY TAXES PAID 59101FEES 59102FRANCHISE FEES 59350PURCHASE DISCOUNTS TAKEN 59400OTHER EXPENSES 70101LOAN PAYMENTS MADE 70102BOND INTEREST PAYMENTS 70110BOND ISSUANCE COSTS 70201LOAN PRINCIPAL PAYMENTS 70202BOND PRINCIPAL PAYMENTS 80100MACHINERY & EQUIPMENT 80200BUILDINGS ACQUISITION 80210LAND ACQUISITION 80220BUILDING IMPROVEMENTS 80230INFRASTRUCTURE 80231RECYCLING STUDY 50% GRANT MATC 80232LINE REPLACEMENTS 80233MAIN REPLACEMENTS 7 80234INFLOW/INFILTRATION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1 2 Attachment 1 RESOLUTION2017-XX RESOLUTION OF THE CITY COUNCILOF THE CITY OF UKIAH AUTHORIZING INVESTMENT OF MONIESOF THE SUCCESSOR AGENCY OF THE UKIAH REDEVELOPMENT AGENCY IN THE LOCAL AGENCY INVESTMENT FUND WHEREAS, The Local Agency Investment Fund is established in the State Treasury under Government Code section 16429.1 et. seq. for the deposit of money of a local agency for the purposes of investment by the State Treasurer; and WHEREAS, the City Council hereby finds that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided herein is in the bestinterests of the City of Ukiah. NOW THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the deposit and withdrawal of City of Ukiah monies in the Local Agency Investment Fund in the State Treasury in accordance with Government Code section 16429.1 et. seq. for the purpose of investment as provided therein. BE IT FURTHER RESOLVED, URA Resolution 2011-09is supersededby the adoption of this resolution and the following City of Ukiah officers holding the title(s) specified herein below or their successors in office are each hereby authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Sage Sangiacomo, City Manager________________________________ Shannon Riley, Deputy City Manager ________________________________ Daniel Buffalo, Finance Director ________________________________ R. Allen Carter, City Treasurer ________________________________ This resolution shall remain in force and effect until rescinded by City Council by resolution and a copy of the resolution rescinding this resolution is filed with the State Treasurer’s Office. th PASSED AND ADOPTED this 20day of September, 2017,by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ______________________ Jim O. Brown,Mayor ATTEST: __________________________ Kristine Lawler, CityClerk 3 1 1 2 There are no Attachments to this Agenda Item. 3 1 2 Attachment 1 RESOLUTION NO. 2017-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, APPROVING ASSOCIATE MEMBERSHIP BY THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY; AUTHORIZING AND DIRECTING THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY; AUTHORIZING THE CITY TO JOIN THE FIGTREE PACE PROGRAM; AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TOCONDUCTCONTRACTUAL ASSESSMENT PROCEEDINGSAND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF UKIAH; AND AUTHORIZING RELATED ACTIONS WHEREAS,the Cityof Ukiah, California (the “City”), a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS,the City, upon authorization of the City Council, may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS,the Cityand other public agencies wish to jointly participate in economic development financing programs for the benefit of businesses and nonprofit entities within their jurisdictions offered by membership in the California Enterprise Development Authority (the "CEDA") pursuant to an associate membership agreement and Joint Exercise of Powers Agreement Relating to the California Enterprise Development Authority (the “Agreement”); and WHEREAS,under the JPA Law and the Agreement, CEDA is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of CEDA will notbe the debts, liabilities or obligations of the Cityor the other members of the Authority; and WHEREAS,the form of Associate Membership Agreement (the “Associate Membership Agreement”) between the Cityand CEDA is attached; and WHEREAS,the Cityis willing to become an Associate Member of CEDA subject to the provisions of the Associate Membership Agreement; and WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and Job Creation Program (the “Program” or “Figtree PACE”), to allow the financing of certain renewable energy, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, and water efficiency improvements (the "Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual assessments; and WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only with the free and willing consent of the owner of each lot or parcel on which an assessment is levied at the time the assessment is levied; and 3 Attachment 1 WHEREAS, the City desires to allow the owners of property (“Participating Parcel”) within its jurisdiction ("Participating Property Owners") to participate in Figtree PACE, and to allow CEDA to conduct assessment proceedings underChapter 29 and to issue Bonds under the 1915 Act to finance the Improvements; and WHEREAS, CEDA will conduct assessment proceedings under Chapter 29 to establish an assessment district (the “District”) and issue Bonds under the 1915 Act to finance Improvements; and WHEREAS, there has been presented to this meeting aproposed form of Resolution of Intention to be adopted by CEDA in connection with such assessment proceedings (the "ROI"), a copy of which is attached hereto as Exhibit A; and WHEREAS,said ROI sets forth the territory within which assessments may be levied for Figtree PACE which territory shall be coterminous with the City's official boundaries of record at the time of adoption of the ROI (the "Boundaries"); and WHEREAS, pursuant toChapter 29, the City authorizes CEDA to conduct assessment proceedings,levy assessments, pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness to finance the Improvements in connection with Figtree PACE; and WHEREAS, to protect the City in connection with operation of the Figtree PACE program, Figtree Energy Financing, the program administrator, has agreed to defend and indemnify the City; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies, the issuance, sale or administration of the bonds or other indebtedness issued in connection with Figtree PACE. NOW, THEREFORE, BE IT RESOLVED,that the CityCouncilof the Cityof Ukiah, hereby finds, determines and declares as follows: Section 1. The City Councilhereby specifically finds and declares that the actions authorized hereby constitute public affairs of the City. The City Councilfurther finds that the statements, findings and determinations of the Cityset forth in the preambles above are true and correct. Section 2. The Associate Membership Agreement presented to this meeting and on file with the City Clerk is hereby approved. The Mayor of the City, the City Manager, the City Clerk and other officials of the City are each hereby authorized and directed, for and on behalf of the City, to execute and deliver the Associate Membership Agreement in substantially said form, with such changes therein as such officer may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The officers and officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate, carry out, give effect to and comply with the terms and intent of this resolution and the Associate Membership Agreement. All such actions heretofore taken by such officers and officials are hereby 4 Attachment 1 confirmed, ratified and approved. Section 4. Good Standing. The City is a municipal corporation and in good standing. Section 5. Public Benefits. On the date hereof, the City Council hereby finds and determines that the Program and issuance of Bonds by CEDA in connection with Figtree PACE will provide significant public benefits, including without limitation, savings in effective interest rates, bond preparation, bond underwriting and bond issuance costs and reductions in effective user charges levied by water and electricity providers within the boundaries of the City. Section 6. Appointment of CEDA. The City hereby appoints CEDA as its representative to (i) record the assessment against the Participating Parcels, (ii) administer the District in accordance with the Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets and Highways Code (commencing with Section 8500 et seq.) (the “Law”), (iii) prepare program guidelines for the operations of the Program and (iv) proceed with any claims, proceedings or legal actions as shall be necessary to collect past due assessments on the properties within the District in accordance with the Law and Section 6509.6 of the California Government Code. The City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this Resolution. Section 7. Assessment Proceedings. In connection with Figtree PACE, the City hereby consents to the special assessment proceedings by CEDA pursuant to Chapter 29 on any property within the Boundaries and the issuance of Bonds under the 1915 Act, provided that: (1)Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; (2)The Participating Property Owners, who shall be the legal owners of such property, voluntarily execute a contract pursuant to Chapter 29 and comply with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (3)The City will not be responsible for the conduct of any assessment proceedings, the levy of assessments, any required remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds in connection with Figtree PACE. Section 8. Program Report.The City Council hereby acknowledges that pursuant to the requirements of Chapter 29, CEDA has prepared and will update from time to time the "Program Report" for Figtree PACE (the "Program Report") and associated documents, and CEDA will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report. Section 9. Foreclosure. The City Council hereby acknowledges that the Law permits foreclosure in the event that there is a default in the payment of assessments due on a property. The City Council hereby designates CEDA as its representative to proceed with collection and foreclosure of the liens on the defaulting properties within the District, including accelerated foreclosure pursuant to the Program Report. Section 10. Indemnification. The City Council acknowledges that Figtree has provided the City with an indemnification agreement, as shown in Exhibit B, for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, its officers, employees, 5 Attachment 1 subcontractors and agents. The City Council hereby authorizes the appropriate officials and staff of the City to execute and deliver the Indemnification Agreement to Figtree. Section 11. City Contact Designation. The appropriate officials and staff of the City are hereby authorized and directed to make applications for Figtree PACE available to all property owners who wish to finance Improvements. The following staff persons, together with any other staff designated by the City Manager from time to time, are hereby designated as the contact persons for CEDA in connection with Figtree PACE: Shannon Riley, Deputy City Manager, sriley@cityofukiah.com. Section 12. CEQA. The City Council hereby finds that adoption of this Resolution is not a "project" under the California Environmental Quality Act (“CEQA”), because the Resolution does not involve any commitment to a specific project which may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b )( 4)). Section 13. Effective Date. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to Figtree Energy Financing. Section 14. Costs. Services related to the formation and administration of the assessment district will be provided by CEDA at no cost to the City. th PASSED AND ADOPTEDthis 20day of September, 2017,by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: __________, Mayor,City Council ATTEST: _______, Clerk of theCity Council APPROVED AS TO FORM: ___________________ City Attorney 6 Attachment 1 CERTIFICATE OF CLERK OF THE CITY COUNCIL CITYOF UKIAH I, Kristine Lawler, Clerk of the City of Ukiah, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Councilof the City of Ukiahduly and regularly held in theCouncilChambers, ______________________, on September 20,2017, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. th day of September, IN WITNESS WHEREOF, I have executed this certificate this 20 2017. ____________________________________ Kristine Lawler, City Clerk, City of Ukiah 7 Attachment 1 EXHIBIT A CEDA Resolution of Intention 8 Attachment 1 RESOLUTION OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY DECLARING INTENTION TO FINANCE INSTALLATION OF DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY EFFICIENCY, SEISMIC RETROFITS, ELECTRIC VEHICLE CHARING INFRASTRUCTURE, AND WATER EFFICIENCY IMPROVEMENTS IN THE CITY OF UKIAH WHEREAS,the California Enterprise Development Authority (“CEDA”) is a joint powers authority authorized and existing pursuant to Joint Powers Act (Government Code Section 6500 et seq.) and that certain Joint Exercise of Powers Agreement (the “Agreement”) dated as of June 1, 2006, by and among the cities of Eureka, Lancaster and Selma; and WHEREAS,CEDA is authorized under the Agreement and Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California and in accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State of California (“Chapter 29”) to authorize assessments to finance the installation of distributed generation renewable energy sources, energy efficiency, seismic retrofits, electric vehicle charging infrastructure, and water efficiency improvements that are permanently fixed to real property (“Authorized Improvements”); and WHEREAS,CEDA has obtained authorization from the County__________ (the “City”) to enter into contractual assessments for the financing of the installation of Authorized Improvements in the City; and WHEREAS,CEDA desires to declare its intention to establish a Figtree PACE program (“Figtree PACE”) in the City, pursuant to which CEDA, subject to certain conditions set forth herein, would enter into contractual assessments to finance the installation of Authorized Improvements in the City. NOW, THEREFORE, BE IT RESOLVEDBY THE BOARD OF DIRECTORS OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS: The Board of Directors hereby finds and determines the Section 1. Findings. following: (a)The above recitals are true and correct and are incorporated herein by this reference. (b)Energy and water conservation efforts, including the promotion of Authorized Improvements to residential, commercial, industrial, or other real property, are necessary to address theissue of global climate change and the reduction of greenhouse gas emissions in the City. (c)The upfront cost of making residential, commercial, industrial, or other real property more energy and water efficient, along with the fact that most commercial loans for that purpose are due on the sale of the property, prevents many property owners from installing Authorized Improvements. (d)A public purpose will be served by establishing a contractual assessment program, to be known as Figtree PACE, pursuant to which CEDA will finance the 9 Attachment 1 installation of Authorized Improvements to residential, commercial, industrial, or other real property in the City. Section 2. Determination of Public Interest. The Board of Directors hereby determines that (a) it would be convenient, advantageous, and in the public interest to designate an area, which shall encompass the entire geographic territory within the boundaries of the City, within which CEDA and property owners within the Citymay enter into contractual assessments to finance the installation of Authorized Improvements pursuant to Chapter 29 and (b) it is in the public interest for CEDA to finance the installation of Authorized Improvements in the County pursuant to Chapter 29. Section 3. Identification of Authorized Improvements. CEDA hereby declares its intention to make contractual assessment financing available to property owners to finance installation of Authorized Improvements, including but not limited to those improvements detailed in the Report described in Section 8 hereof (the “Report”), as that Report may be amended from time to time. Section 4. Identification of Boundaries. Contractual assessments may be entered into by property owners located within the entire geographic territory of the Cityincluding unincorporated territory within CityBoundaries. A property owner located within a City within the Citymay enter into contractual assessments with CEDA only after such City has adopted a resolution to authorize participation in the PACE Program. Section5. Proposed Financing Arrangements. Under Chapter 29, CEDA may issue bonds, notes or other forms of indebtedness (the “Bonds”) pursuant to Chapter 29 that are payable by contractual assessments. Division 10 (commencing with Section 8500) of the Streets& Highways Code of the State (the “Improvement Bond Act of 1915”) shall apply to any indebtedness issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict with Chapter 29. The creditworthiness of a property owner to participate in the financing of Authorized Improvements will be based on the criteria developed by Figtree Energy Financing (the “Program Administrator”) upon consultation with Figtree PACE Program underwriters or other financial representatives, CEDA general counsel and bond counsel, and as shall be approved by the Board of Directors of CEDA. In connection with indebtedness issued under the Improvement Bond Act of 1915 that are payable from contractual assessments, serial and/or term improvement bonds or other indebtedness shall be issued in such series and shall mature in such principal amounts and at such times (not to exceed 20 years from the second day of September next following their date) and at such rate or rates of interest (not to exceed the maximum rate permitted by applicable law) as shall be determined by the Board of Directors at the time of the issuance and sale of the indebtedness. The provisions of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is the intention of the Board of Directors to create a special reserve fund for the bonds under Part 16 of the Improvement Bond Act of 1915. Neither CEDA, nor any of its members participating in the Figtree PACE Program, shall advance available surplus funds from its treasury to cure any deficiency in the redemption fund to be created with respect to the indebtedness; provided, however, that this determination shall not prevent CEDA or any of its members from, in their sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding, upon the conditions specified by and upon determination of CEDA. CEDA hereby authorizes the Program Administrator, uponconsultation with CEDA general counsel, bond counsel and the Figtree PACE underwriter, to commence preparation of 10 Attachment 1 documents and take necessary steps to prepare for the issuance of bonds, notes or other forms of indebtedness as authorized by Chapter 29. In connection with the issuance of bonds payable from contractual assessments, CEDA expects to obligate itself, through a covenant with the owners of the bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment installments under specified circumstances. Section 6. Public Hearing. Pursuant to the Act, CEDA hereby orders that a public hearing be held before CEDA Board (the “Board”), at 550 Bercut Drive, Suite G, Sacramento, CA 95811, on _________, __________, at _____ A_,for the purposes of allowing interested persons to object to, or inquire about, the proposed Figtree PACE Program. The public hearing may be continued from time to time as determined by the Board for a time not exceeding a total of 180 days. At the timeof the hearing, the Report described in Section 8 hereof shall be summarized, and the Board shall afford all persons who are present an opportunity to comment upon, object to, or present evidence with regard to the proposed Figtree PACE Program, the extent of the area proposed to be included within the boundaries of the assessment district, the terms and conditions of the draft assessment contract described in Section 8 hereof (the “Contract”), or the proposed financing provisions. Following the public hearing, CEDA may adopt a resolution confirming the Report (the “Resolution Confirming Report”) or may direct the Report’s modification in any respect, or may abandon the proceedings. The Board hereby orders the publication of a notice of public hearing once a week for two successive weeks. Two publications in a newspaper published once a week or more often, with at least five days intervening between the respective publication dates not counting such publication dates are sufficient. The period of notice will commence upon the first day of publication and terminate at the end of the fourteenth day. The first publication shall occur not later than 20 days before the date of the public hearing. Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the Streets & Highways Code, written notice of the proposed contractual assessment program within the Cityto all water and electric providers within the boundaries of the Cityhas been provided. Section 8. Report. The Board herebydirects the Program Administrator to prepare the Report and file said Report with the Board at or before the time of the public hearing described in Section 6 hereof containing all of the following: (a)A map showing the boundaries of the territory within which contractual assessments are proposed to be offered, as set forth in Section 4 hereof. (b)A draft contractual assessment contract (the “Contract”) specifying the terms and conditions of the agreement between CEDA and a property owner. (c)A statement of CEDA’s policies concerning contractual assessments including all of the following: (1)Identification of types of Authorized Improvements that may be financed through the use of contractual assessments. (2)Identification of the CEDA official authorized to enter into contractual assessments on behalf of CEDA. (3)A maximum aggregate dollar amount of contractual assessments. 11 Attachment 1 (4)A method for setting requests from property owners for financing through contractual assessments in priority order in the event that requests appear likely to exceed the authorization amount. (d)A plan for raising a capital amount required to pay for work performed in connection with contractual assessments. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The plan (i) shall includea statement of, or method for determining, the interest rate and time period during which contracting property owners would pay any assessment, (ii) shall provide for any reserve fund or funds, and (iii) shall provide for the apportionment of all or any portion of the costs incidental to financing, administration and collection of the contractual assessment program among the consenting property owners and CEDA. A report on the results of the discussions with the County Auditor-Controller described in Section 10 hereof, concerning the additional fees, if any, that will be charged to CEDA for inclusion of the proposed contractual assessments on the general property tax roll of the City, and a plan for financing the payment of those fees. Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and the interest and any penalties thereon, will constitute a lien against the lots and parcels of land on which they are made, until they are paid. Unless otherwise directed by CEDA, the assessments shall be collected in the same manner and at the same time as the general taxes of the Cityon real property are payable, and subject to the same penalties and remedies and lien priorities in the event of delinquency and default. Section 10. Consultations with County Auditor-Controller. CEDA hereby directs the Program Administrator to enter into discussions with the County Auditor-Controller in order to reach agreement on what additional fees, if any, will be charged to CEDA for incorporating the proposed contractual assessments into the assessments of the general taxes of the County on real property. Section 11. Preparation of Current Roll of Assessment. Pursuant to Section 5898.24(c), CEDA hereby designates the Program Administrator as the responsible party for annually preparing the current roll of assessment obligations by assessor’s parcel number on property subject to a voluntary contractual assessment. Section 12. Procedures for Responding to Inquiries. The Program Administrator shall establish procedures to promptly respond to inquiries concerning current and future estimated liability for a voluntary contractual assessment. 12 Attachment 1 Section 13. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTEDthis _____ day of ______, 201_. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By:____________________________ Gurbax Sahota, Chair ATTEST: ______________________________________ Helen Schaubmayer, Assistant Secretary 13 EXHIBIT B Indemnification Agreement 14 INDEMNIFICATIONAGREEMENT BYANDBETWEEN THE CITY OF UKIAHAND FIGTREECOMPANY,INC. This Indemnification Agreement (the “Agreement”) is entered intoby andbetweentheCity of Ukiah,amunicipalcorporationor political subdivision, duly organized and existing under the laws of the State of California (the “City”)andFigtree Company, Inc.,aCaliforniacorporation,the administratoroftheFigtreePropertyAssessedClean EnergyandJobCreationProgram(the “Administrator”),whichisaprogramofthe CaliforniaEnterprise Development Authority,a Californiajoint exerciseofpowers authority(the“Authority”). RECITALS WHEREAS,theAuthorityisajointexerciseofpowersauthoritywhosemembersinclude theCityinaddition toother cities and countiesintheStateofCalifornia; and WHEREAS,theAuthorityestablishedthe Figtree PropertyAssessedCleanEnergyand Job CreationProgram(the “Figtree PACEProgram”)toallowthefinancing ofcertainrenewable energy, energy efficiencyand water efficiencyimprovements thatare permanently affixed toreal property throughthelevy ofassessments voluntarily agreed toby the participating property ownerspursuanttoChapter29ofDivision 7ofthe Streetsand Highways Code (“Chapter 29”) and the issuance ofimprovement bonds, or other forms of indebtedness, under the Improvement Bond Actof1915 upon the securityofthe unpaid assessments;and WHEREAS,theAuthorityhasconductedorwillconductproceedingsrequiredby Chapter 29withrespecttotheterritorywithintheboundariesof theCity;and WHEREAS,thelegislative body oftheCityadopted or will adopt a resolution authorizingthe CitytojointheFigtree PACEProgram;and WHEREAS,the Citywill not be responsible forthe formation,operation and administration oftheFigtree PACEProgramas wellas the saleandissuance ofanybondsor other forms of indebtedness in connection therewith,including the conducting ofassessment proceedings,the levy and collectionofassessmentsandanyremedialactioninthecaseofsuchassessment payments,and the offer,sale and administration ofany bondsissued by theAuthority on behalfof the Figtree PACEProgram;and WHEREAS,theAdministratoristheadministratoroftheFigtree PACEProgramandagrees to indemnifytheCityinconnectionwiththeoperations oftheFigtree PACEProgram assetforth herein; NOW,THERFORE,inconsiderationofthe above premises andofthe City’s agreement to jointheFigtree PACEProgram, thepartiesagreeasfollows: 15 13 1.Indemnification. Figtree has provided the CEDA with an indemnification for negligence or malfeasance of any type as a result of the acts or omissions of Figtree, itsofficers, employees, subcontractors and agents, arising from or related to the Figtree PACE Program, the assessments, the assessment districts, the improvements or the financing and marketing thereof. Figtree agrees to defend, indemnify and hold harmlessthe City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys’ fees, for injury or damagedue to negligence or malfeasance of any type claims as a result of the acts or omissions of Figtree, except for such loss or damage which was caused by the sole negligence or willful misconduct of the City. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Figtree. 2.Amendment/Interpretation ofthisAgreement.ThisAgreementrepresentsthe entire understandingofthe parties as tothose matterscontained herein.No prior oralor written understanding shall be ofanyforceor effectwithrespectto thosematterscoveredhereunder.No supplement,modificationor amendmentofthisAgreementshallbebindingunlessexecutedin writingbybothofthe parties hereto.ThisAgreement shallnotbe interpreted foror againstany partyby reasonofthefactthatsuchpartymayhavedraftedthisAgreementoranyofits provisions. 3.SectionHeadings.Sectionheadings in this Agreementare included for convenience ofreferenceonly and shall not constitute a partofthisAgreement forany other purpose. 4.Waiver.NowaiverofanyoftheprovisionsofthisAgreementshallbebinding unlessintheformofwritingsignedbythepartyagainst whomenforcementissought, and no such waiver shall operate asa waiverofany other provisions hereof(whether or notsimilar), nor shallsuchwaiverconstituteacontinuingwaiver.Exceptasspecifically provided herein, no failure toexercise or anydelay in exercising any rightor remedy hereundershallconstitute awaiver thereof. 5.SeverabilityandGoverningLaw.Ifany provision or portionthereofofthis Agreement shallbe heldby a court ofcompetent jurisdiction tobeinvalid, void, or otherwise unenforceable,theremainingprovisionsshallremainenforceabletothe fullestextentpermittedby law. ThisAgreementshallbegovernedbyandconstrued and enforcedin accordance withthe laws oftheStateofCaliforniaapplicable to contracts made and tobe performed in California. 6.Notices.Allnotices,demandsandothercommunicationsrequiredorpermitted hereunder shall be made in writing andshall be deemed tohave been duly givenif delivered by hand,againstreceipt, ormailedcertifiedorregisteredmailandaddressed asfollows: If totheAdministratorFigtreeCompany,Inc. 9330 Scranton Road, Suite600 SanDiego,California 92121 Attn: Chief Executive Officer If totheCity: _______________________________________ _______________________________________ 16 14 _______________________________________ _______________________________________ 7.Counterparts.ThisAgreementmaybeexecutedinoneormorecounterparts, each ofwhichshallbedeemedtobeanoriginal,whichtogethershallconstitutethe sameinstrument. 8.EffectiveDate.ThisAgreement willbe effectiveas ofthe dateofthe signature of City’s representativeasindicated belowin thesignature block. INWITNESSHEREOF,the partieshereto duly executed thisAgreement as ofthe date below. 17 15 APPROVEDASTOFORM: City Attorney City of Ukiah By Name: Title: Date: Figtree Company, Inc., a California corp. By Name: Peter Grabell Title: Senior Vice President Date: 18 4825-8409-6773.1 1 Attachment #2 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITYOF UKIAH, CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this “Associate Membership Agreement”), dated as of _____________________by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the “Authority”) and the CITYOF UKIAH, CALIFORNIA, a municipal corporation, duly organized and existing under the laws of the State of California (the “City”); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a “Member” and collectively, the “Members”), have entered into a Joint Powers Agreement, dated as of June1, 2006 (the “Agreement”), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an “Associate Member”); and WHEREAS, the Citydesires to become an Associate Member of the Authority; WHEREAS, City Council of the Cityhas adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof; WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the Citydo hereby agree as follows: 19 4833-7301-9141.1 1 Section1. Associate Member Status. The Cityis hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the Cityand the Authority, the Cityshall be and remain an Associate Member of the Authority. Section2. Restrictions and Rights of Associate Members. The Cityshall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. In addition, no officer, employee or representative of the Cityshall have any right to become an officer or director of the Authority by virtue of the Citybeing an Associate Member of the Authority. Section3. Effect of Prior Authority Actions. The Cityhereby agrees to be subject to and bound by all actions previously taken by the Members and the Board of Directors of the Authority to the same extent as the Members of the Authority are subject to and bound by such actions. Section4. No Obligations of Associate Members. The debts, liabilities and obligationsof the Authority shall not be the debts, liabilities and obligations of the City. Section5. Execution of the Agreement. Execution of this Associate Membership Agreement and the Agreement shall satisfy the requirements of the Agreement and ArticleXII of the Bylaws of the Authority for participation by the Cityin all programs and other undertakings of the Authority. 20 4833-7301-9141.1 2 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY By: Gurbax Sahota, Chair Board of Directors Attest: Helen Schaubmayer, Asst. Secretary CITYOFUKIAH, CALIFORNIA By: _____________, Mayor City Council Attest: ________________ City Clerk 21 4833-7301-9141.1 3 1 Pacific EcoRisk Cost Quote 2250 Cordelia Rd. Fairfield, CA 94534 Quote #:U102 PH (707)207-7760 Date:8/18/17 FAX (707)207-7916 Good For:FY17/18 Prepared For: City of Ukiah Contact: Joan Kelly 300 Plant Road Phone:(707) 467-2818 Ukiah, CA 95582E-mail:jkelly@cityofukiah.com ServiceQuantityUnitUnit FeeNet Fee NPDES Toxicity Testing for 2017/2018 Discharge Season Acute Toxicity Testing (100% Effluent) 96-hr static-renewal test (48h) with rainbow trout8ea.$614$4,912 96-hr static-renewal test (48h) with Ceriodaphnia dubia 2ea.$622$1,244 Chronic Toxicity Testing (Dilution Series) 96-hr algal growth test with Selenastrum capricornutum 1ea.$1,474$1,474 Monthly reference toxicant test1ea.$1,179 fee waived 3-brood survival and reproduction test with Ceriodaphnia dubia (standard replication)1ea.$1,708$1,708 3-brood survival and reproduction test with Ceriodaphnia dubia (double replication)1ea.$2,217$2,217 Monthly reference toxicant test1ea.$1,363 fee waived 7-day survival and growth test with fathead minnow1ea.$1,826$1,826 Concurrent reference toxicant test (50% Batch Discount Applied)1ea.$731$731 Accelerated Monitoring Contingency Contingency budget set-asde for as-needed accelerated monitoring to be$10,000 utilized at client request only. Cooler/Sample Container Shipment and Sample Transport direct cost + 10% G&A Report Preparation (per report) Senior Scientist1hrs.$124 fee waived Project Manager0.5hrs.$196 fee waived Total$24,112 Notes and Assumptions 1.Quote covers initial species screening testing required in NPDES permit. Rainbow trout is assumed to be most sensitive acute species after screening is complete. 2.Chronic test results will be reported using the NOEC and TST. 3.Accelerated monitoring contingency would be utlized only upon client request and approval. 3.Cost includes Standard Report TAT of 14 calendar days from test termination. 4.Sample delivery and transport costs not included in quote. 2 1 2 3 4 5 6 7 8 1 2 There are no Attachments to this Agenda Item. 3 1 2 There are no Attachments to this Agenda Item. 3 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 $84.00 $42.00 $675.00 LƷĻƒ ƚƷğƌ $1,972.50 $20,986.79 $17,000.00 $177,457.71 $218,218.00 $1.93 $0.60 $0.60 $0.30 $15.00 ƓźƷ tƩźĭĻ $20,986.79 $17,000.00 Intermountain Slurry Seal 9062 Union Park WayElk Grove, CA 95624 Chrisp Company Striping $84.00 $42.00 $675.00 LƷĻƒ ƚƷğƌ $1,972.50 $39,500.00 $17,900.00 $136,081.56 $196,255.06 $1.48 $0.60 $0.60 $0.30 $15.00 ƓźƷ tƩźĭĻ $39,500.00 $17,900.00 Telfer Pavement Technologies LLC 4522 Parker Ave Building McClellan, CA 95652 Chrisp Company Traffic Control (Partial) Striping, markers & marking $84.00 $42.00 $675.00 LƷĻƒ ƚƷğƌ $6,705.00 $1,972.50 $15,230.00 $157,229.37 $181,937.87 $1.71 $0.60 $0.60 $0.30 $15.00 ƓźƷ tƩźĭĻ $6,705.00 $15,230.00 American Asphalt 24200 Clawiter RoadHayward, CA 94540 Chrisp Company Striping $84.00 $42.00 $675.00 LƷĻƒ ƚƷğƌ $1,972.50 $57,861.80 $15,230.00 $101,141.70 $177,007.00 $1.10 $0.60 $0.60 $0.30 $15.00 ƓźƷ tƩźĭĻ $57,861.80 $15,230.00 Sierra Nevada Construction PO Box 50760Sparks, NV 89435 Chrisp Company Installation of striping, markings and markers $86.80 $43.40 $695.25 LƷĻƒ ƚƷğƌ $2,038.25 $11,090.00 $15,690.00 $124,128.45 $153,772.15 $1.35 $0.62 $0.62 $0.31 $15.45 ƓźƷ tƩźĭĻ $11,090.00 $15,690.00 AMERICAN PAVEMENT SYSTEMS 1012 11TH STREET SUITE 1000Modesto, CA 95354 Chrisp Company Striping, marker and marking replacement $88.20 $44.10 $708.75 LƷĻƒ ƚƷğƌ $2,038.25 $27,188.03 $15,991.50 $102,061.17 $148,120.00 $1.11 $0.63 $0.63 $0.31 $15.75 ƓźƷ tƩźĭĻ $27,188.03 $15,991.50 VSS International Inc.3785 Channel DrWest Sacramento, CA 95691 Chrisp Company Striping $96.60 $48.30 $765.00 LƷĻƒ ƚƷğƌ $9,000.00 $2,301.25 $17,501.16 $116,772.69 $146,485.00 $1.27 $0.69 $0.69 $0.35 $17.00 ƓźƷ tƩźĭĻ $9,000.00 $17,501.16 Pavement Coatings Co.2290 E Main StWoodland, CA 95776 Chrisp Company Partial traffic control Striping $294.00 $147.00 $236.25 LƷĻƒ ƚƷğƌ $7,000.00 $3,484.75 $14,600.00 $110,336.40 $136,098.40 $1.20 $2.10 $2.10 $0.53 $5.25 ƓźƷ tƩźĭĻ $7,000.00 $14,600.00 California Pavement Maintenance Company, Inc.9390 Elder Creek RoadSacramento, CA 95829 Centerline Striping Items 3,4,5,6 and 7 LSSYLFLFLFLS EA ha 11 7045 v 140 6575 91947 09/13/17 LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ TRAFFIC CONTROLSLURRY SEALSOLID DOUBLE YELLOW 4" TRAFFIC STRIPESOLID 8" WHITE TRAFFIC STRIPEBROKEN YELLOW 4" TRAFFIC STRIPEPAVEMENT MARKINGBLUE REFLECTIVE PAVEMENT MARKER LƷĻƒ /ƚķĻ 1234567 Spec 17-10 Slurry Seal of Local Streets & Airport Service Roads City of Ukiah Bid Opening:Base Bid LƷĻƒ ϔ Total Bid AmountListed Subs 4 5 6 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS SPECIFICATION NO. 17-10 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: Wednesday, September 13, 2017 2:00 p.m. Office of City Clerk 27 28 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS .................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 4 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 6 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 6 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION 4. BONDS ................................................................................................................................... 7 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 7 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors SLURRY SEAL OF LOCAL STREETS & Spec No. 17-10 29 AIRPORT SERVICE ROADS iii SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ...................................................... 9 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty 6-24. Public Notification SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ...................................................................... 14 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................ 16 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK ................................................................................................. 17 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays SLURRY SEAL OF LOCAL STREETS & Spec No. 17-10 30 AIRPORT SERVICE ROADS iv 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ........................................................................................................................... 18 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................. 21 11-01. Notice 11-02. Computation of Time 11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION ................................................................................................ 24 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 Street Closure 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Dust Control 12-14. Noise Control 12-15. Watering 12-16. Preconstruction Conference 12-17. Progress Schedule 12-18. Safety Requirements SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 28 13-01. Location and Scope of Work 13-02. Existing Highway Facilities 13-03. Preservation of Property SLURRY SEAL OF LOCAL STREETS & Spec No. 17-10 31 AIRPORT SERVICE ROADS v 13-04. Watering 13-05. Utility Boxes 13-06. Slurry Seal 13-07. General – Slurry Seal 13-08. Traffic Striping 13-09. Pavement Markings 13-10. Reflective Pavement Markers (Blue) 13-11. Operational Safety on Airports During Construction SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 31 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 31 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST .................................................................................................................... 32 PROPOSAL ........................................................................................................................................... 33 BIDDING SCHEDULE ................................................................................................................................. 34 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 37 WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 38 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 39 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 40 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 41 SIGNATURE OF BIDDER ........................................................................................................................... 42 BIDDER'S BOND ........................................................................................................................................ 43 NON-COLLUSIONAFFIDAVIT ................................................................................................................... 44 AGREEMENT ........................................................................................................................................... 45 INDEMNIFICATION AGREEMENT ............................................................................................................ 49 EXAMPLE BOND FORMS .......................................................................................................................... 50 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 54 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 55 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: SLURRY SEAL OF LOCAL STREETS & Spec No. 17-10 32 AIRPORT SERVICE ROADS vi INSTRUCTIONS TO BIDDERS SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within thirty (30) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or 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. 34 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 1 Spec. No. 17-10 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Procurement Manager Fax: (707) 313-3621 Email:mhorger@cityofukiah.com The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening. 35 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 2 Spec. No. 17-10 Location of the Work All of the work to be performed is within the City of Ukiah. STREETNAMEFromTo AIRPORTAREA1SERVICEROAD AIRPORTAREA2SERVICEROAD ALICEAVENUEN/SIDELUCEAVE.S/SIDEMENDOCINOAVE. BETTYSTREETN/SIDEMARLENEST.N/SIDELORRAINEST. CAPPSLANEE/SIDEDESPINADR.E/SIDEHOMEWOODDR. CHURCHSTREET(WEST)HIGHLANDAVE.SPRINGSTREET CUNNINGHAMSTREETTALMAGEN.END DEBORAHCOURTBETTYST.END GARRETTDRIVEW/SIDEELMST.W/SIDESTATE HENRY STREET E/SIDE DORA ST. W/SIDE OAK ST. JONES STREET MC PEAK ST. N. OAK ST. (MINUS DORA ST.) LORRAINE STREET BETTY ST. MARLENE ST. MARLENESTREETBETTYST.MARLENECT. MCPEAKSTREETCLAYST.MILLST. MILLCOURTW.MILLST.W.MILLST. MILLSTREET(EAST)S.STATEST.S.MAINST. MILLSTREET(WEST)MCPEAKST.S.DORAST. MILLSTREET(WEST)E/SIDES.DORAST.S.STATEST. NEHOCCOURTS/SIDENOKOMISDR.ENDOFCOURT PERRYSTREETTALMAGETHOMAS RUPESTREETCUNNINGHAMST.END SCHOOLSTREET(NORTH)S/SIDERUDDOCKAVE.N/SIDEHENRYST.(MINUSSCOTTST.) SCOTTSTREETPINEST.STATEST. SEMINARYAVENUEOAKST.STATEST.(E/BOUNDLANE) SEMINARYAVENUEOAKST.STATEST.(W/BOUNDLANE) SMITH STREET (WEST) W/SIDE N. PINE ST W/SIDE OAK ST SMITH STREET (WEST) E/SIDE OAK ST. W/SIDE SCHOOL ST. SNUFFINSTREETN.PINEST.N.OAKST. STANDLEYSTREET(EAST)E/SIDEMAINST.W/SIDEMASONST. STANDLEYSTREET(WEST)W/SIDEBARNESST.W/SIDEDORAST. STANDLEYSTREET(WEST)E/SIDEDORAST.W/SIDEPINEST. THOMPSONSTREETCLAYST.PERKINSST.MINUSCHURCH WAUGH LANE 824 WAUGH LN. E. GOBBI ST. 36 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 3 Spec. No. 17-10 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 37 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 4 Spec. No. 17-10 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. 38 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 5 Spec. No. 17-10 (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special 39 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 6 Spec. No. 17-10 Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) 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 40 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 7 Spec. No. 17-10 Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 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. 41 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 8 Spec. No. 17-10 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing 42 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 9 Spec. No. 17-10 the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. 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 43 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 10 Spec. No. 17-10 the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and 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. 44 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 11 Spec. No. 17-10 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the 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. 45 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 12 Spec. No. 17-10 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. 46 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 13 Spec. No. 17-10 On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work within the subject intersection, including detours, lane and street closures, hours of operations, and notification of effected commercial businesses within 1000 feet of the construction. For any business impacted by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction for pedestrian traffic. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, school buses, County of Mendocino offices, the high school, junior high school, elementary schools effected by potential detours and street closures, with recommended alternate routes of travel. Through street access from will be restricted to businesses and residents only during construction days. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior to noticing the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of the intersection shall be noted All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. 47 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 14 Spec. No. 17-10 If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to 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. 48 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 15 Spec. No. 17-10 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 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. 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. 49 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 16 Spec. No. 17-10 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 copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 50 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 17 Spec. No. 17-10 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 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. 51 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 18 Spec. No. 17-10 It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. 52 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 19 Spec. No. 17-10 (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 53 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 20 Spec. No. 17-10 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an 54 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 21 Spec. No. 17-10 agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract. (B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. b. (1) (A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. 55 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 22 Spec. No. 17-10 (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the 56 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 23 Spec. No. 17-10 claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. 11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. 57 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 24 Spec. No. 17-10 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 two (2) sheets numbered 1 through 2 and they 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 obtain and pay for all permits required to complete this work except the required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2010, are hereby made a part of these Technical Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be understood to mean and refer to the following: Department or Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works/City Engineer. Engineer - The Engineer, designated by the Director of Public Works, 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 (Technical Specifications) 2. (City) Project Plans 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 and 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 installation and removal of the Contractor’s temporary facilities. 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 and vehicular traffic to safely and expeditiously pass through the work. The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. Full cost for “Public Convenience and Safety“ shall be considered as included in the various items of work and no additional compensation will be made. 12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public 58 Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 25 Spec. No. 17-10 Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. Street Closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System for Street Closure.” 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 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress. st Designated City holidays are: January 1, the third Monday in January, the third Monday in February, the last th Monday in May, July 4, the first Monday in September, the second Monday in October, the second Monday in thth November, Thanksgiving Day, the day following Thanksgiving Day, December 24, December 25, December thst 30, December 31. 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 change order. The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications. 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 Street Closure. A traffic control system shall consist of closing streets 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 of their responsibilities that may be necessary to comply with the provisions in Section 12-08, “Public Safety”, of the 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. 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 Traffic Control Plan has been reviewed and approved by the Engineer. If any component in the traffic control system is damaged, 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 59 location. SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 26 Spec. No. 17-10 When street closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the street right-of-way. Payment. The contract lump sum price paid for traffic control 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 and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. The Contractor’s attention is also directed to Section 7-1.01G, “Water Pollution,” of the Standard Specifications and to Section 13, “Water Pollution Control”, of the Construction Details Section concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses during the construction of the project. Said written program shall include the erosion control provisions required by Section 13, “Temporary Erosion Control”, of these Construction Details.” 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during this warranty period. 12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). 12-13. Dust Control. Dust control shall conform to the provisions of Section 10 of the Standard Specifications. Full compensation for dust control shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. This includes the application of water for the purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use dust palliative in accordance with the provisions of Section 18, “Dust Palliative’” of the Standard Specifications except that the full compensation for applying dust palliative shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. All active construction areas shall be watered at least twice daily and more often during hot or windy periods. The active areas adjacent to the apartment complexes shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained. Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work. The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of section 7.1.01I, “Sound Control Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days. Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source. The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the 60 construction site and he shall include it in the construction schedule notice to be provided to the residents. The SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 27 Spec. No. 17-10 Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications. The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines. 12-15. Watering. The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, “Watering,” of the Standard Specifications except as modified by these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer and for developing the water supply shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Works Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications. 12-18. 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. 61 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 28 Spec. No. 17-10 SECTION13CONSTRUCTIONDETAILS 13-01. Location and Scope of Work. The work involves applying slurry seal over existing asphalt concrete pavement: STREETNAMEFromTo AIRPORTAREA1SERVICEROAD AIRPORTAREA2SERVICEROAD ALICEAVENUEN/SIDELUCEAVE.S/SIDEMENDOCINOAVE. BETTYSTREETN/SIDEMARLENEST.N/SIDELORRAINEST. CAPPSLANEE/SIDEDESPINADR.E/SIDEHOMEWOODDR. CHURCHSTREET(WEST)HIGHLANDAVE.SPRINGSTREET CUNNINGHAMSTREETTALMAGEN.END DEBORAHCOURTBETTYST.END GARRETTDRIVEW/SIDEELMST.W/SIDESTATE HENRY STREET E/SIDE DORA ST. W/SIDE OAK ST. JONES STREET MC PEAK ST. N. OAK ST. (MINUS DORA ST.) LORRAINE STREET BETTY ST. MARLENE ST. MARLENESTREETBETTYST.MARLENECT. MCPEAKSTREETCLAYST.MILLST. MILLCOURTW.MILLST.W.MILLST. MILLSTREET(EAST)S.STATEST.S.MAINST. MILLSTREET(WEST)MCPEAKST.S.DORAST. MILLSTREET(WEST)E/SIDES.DORAST.S.STATEST. NEHOCCOURTS/SIDENOKOMISDR.ENDOFCOURT PERRYSTREETTALMAGETHOMAS RUPESTREETCUNNINGHAMST.END SCHOOLSTREET(NORTH)S/SIDERUDDOCKAVE.N/SIDEHENRYST.(MINUSSCOTTST.) SCOTTSTREETPINEST.STATEST. SEMINARYAVENUEOAKST.STATEST.(E/BOUNDLANE) SEMINARYAVENUEOAKST.STATEST.(W/BOUNDLANE) SMITH STREET (WEST) W/SIDE N. PINE ST W/SIDE OAK ST SMITH STREET (WEST) E/SIDE OAK ST. W/SIDE SCHOOL ST. SNUFFINSTREETN.PINEST.N.OAKST. STANDLEYSTREET(EAST)E/SIDEMAINST.W/SIDEMASONST. STANDLEYSTREET(WEST)W/SIDEBARNESST.W/SIDEDORAST. STANDLEYSTREET(WEST)E/SIDEDORAST.W/SIDEPINEST. THOMPSONSTREETCLAYST.PERKINSST.MINUSCHURCH WAUGH LANE 824 WAUGH LN. E. GOBBI ST. 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 Andrew Stricklin 62 at (707) 463-6297. SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 29 Spec. No. 17-10 13-02. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the 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.” 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 additional compensation will be allowed therefore. 13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the Standard Specifications and to these Special Provisions. 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. 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 additional compensation will be allowed therefore. 13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the 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. Utility Boxes. Utility Boxes which include but are not limited to manholes, valve boxes, sewer cleanouts and street monument boxes are listed on the Plans for information purposes only. Contractor shall take special care when working around existing utility boxes. Utility boxes shall be protected in accordance with section 37- 3.03A of the California Standard Specifications. Payment. Full compensation for complying with this section of the Special Provisions shall be considered included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-06 Slurry Seal. The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation: (B) GRADATION SIEVE SIZE PERCENTAGE PASSING 3/8 “ 100 No. 4 94 – 100 No. 8 65 – 90 No. 16 40 – 70 No. 30 25 – 50 No. 200 5 – 15 The aggregate shall also conform to the following quality requirements: TESTCALIFORNIA TEST REQUIREMENTS Sand Equivalent 217 55 Minimum Durability Index 229 55 Minimum (C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or 63 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 30 Spec. No. 17-10 Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. (E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate. If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used. Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and (a) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard. The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. 13-07. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a subgrade consisting of an existing asphalt concrete pavement, as herein required. City of Ukiah forces will perform all necessary street sweeping of the surface upon which the slurry seal is to be applied. The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as scheduled upon approval of the Engineer. The Contractor shall attend a pre-construction conference as scheduled by the City and airport representatives. 13-08. Traffic Striping. This work shall consist of painting traffic striping including applying glass beads as per the Plans and in accordance with Section 84, "Traffic Stripes and Pavement Markings" of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing striping prior to placing slurry seal on those streets that have traffic striping. Measurement. Painting traffic stripes will be measured by the linear foot, along the line of the traffic stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4- inch wide yellow stripes, separated by a 3-inch black stripe, will be measured as one traffic stripe. Payment. The contract price paid per linear foot for painted traffic stripes shall include full compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all the work involved in painting traffic stripes. 13-09. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings, Bicycle Shared Lane Marking (MUTCD 9C-9), STOP bars, and “STOP” markings shall be painted and shall have glass beads applied as per the plans in accordance with Section 84, “Traffic Stripes and Pavement Markings” of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to any slurry seal taking place on those streets that have pavement markings. Submittal. Contractor shall use and submit evidence that the Lane Marking Detail is from the MUTCD 2014 Edition, Figure 9C-9 to match that to be used by the City of Ukiah street maintenance crew. Measurement. Pavement Markings shall be measured as a lump sum. Payment. The lump sum price paid for Pavement Markings shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, referencing the existing pavement markings and doing all the work involved in painting pavement markings as designated by the Plans, and no additional compensation will be allowed therefore. 13-10. Reflective Pavement Markers (Blue). Blue raised reflective pavement markers shall be placed on 64 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 31 Spec. No. 17-10 streets to mark fire hydrants. Blue reflective pavement markers shall be placed 6 inches from the centerline stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire hydrant. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications Measurement. Placing blue reflective pavement markers will be measured as each. Payment. The contract price paid per each for blue reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. 13-11. Operational Safety on Airports During Construction. The contractor shall be responsible for protecting all airplane tie downs, valve lids, manhole lids, etc. The contractor shall comply with the latest version (9/29/2011) of FAA Advisory Circular No. 150/5370-2E, Operational Safety on Airports During Construction. This document is available on the Internet at the following web address: http://www.faa.gov/documentLibrary/media/Advisory_Circular/150_5370_2f.pdf or by contacting Andrew Stricklin, Engineering Analyst, Public Works, at (707) 463-6297. SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. 65 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 32 Spec. No. 17-10 BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include?... o Proposal (Page 34) Unit prices filled out clearly. Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information CLSB No. and expiration date Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 38) Filled out completely per instruction o Worker’s Compensation Certificate (Page 39) Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 40) Filled out completely per instruction o List of Proposed Subcontractors (Page 41) Filled out completely per instruction o Statement of Experience (Page 42) o Signature of Bidder (Page 43) Filled out completely per instruction Authorized signature provided o Bidder’s Bond (Page 44) Filled out completely per instruction o Non-Collusion Affidavit (Page 45) Filled out completely per instruction Notarized o Addenda Issued Signed and Returned 66 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 33 Spec. No. 17-10 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS Specification No.17-10 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: 67 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 34 Spec. No. 17-10 BIDDING SCHEDULE In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. 68 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 35 Spec. No. 17-10 NAME OF BIDDER: SPEC #: 17-10 PROJECT NAME: SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS Line DESCRIPTION UNIT OF QUANTITY UNIT PRICE EXTENDED #MEASUREPRICE Traffic Control 1 $__________$__________________ 1LS Slurry Seal91,947 $__________$__________________ 2SY Solid Double Yellow 4” Painted Traffic 140 $__________$__________________ 3LF Striping Solid White 8” Painted Traffic Striping70 $__________$__________________ 4LF Broken Yellow 4” Painted Traffic Striping6,575 $__________$__________________ 5LF Pavement Markings1 $__________$__________________ 6LS Blue Reflective Pavement Marker45 $__________$__________________ 7EA $__________________ TOTAL BID ==>> We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number:_____________________ 69 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 36 Spec. No. 17-10 Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 70 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 37 Spec. No. 17-10 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. SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 71 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 38 Spec. No. 17-10 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 72 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 39 Spec. No. 17-10 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.) 73 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 40 Spec. No. 17-10 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR DESCRIPTION OF DIR REGISTRATION BUSINESS NAME LICENSE NUMBER WORK NUMBER ADDRESS 74 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 41 Spec. No. 17-10 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 75 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 42 Spec. No. 17-10 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: __________________ 76 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 43 Spec. No. 17-10 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 13, 2017for SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS. 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: __________________________________________________________ __________________________________________________________ __________________________________________________________ 77 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 44 Spec. No. 17-10 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 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 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 ____. 78 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 45 Spec. No. 17-10 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS Specification No. 17-10 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within thirty (30) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 46 Spec. No. 17-10 79 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 the Contractor SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 47 Spec. No. 17-10 80 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. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 48 Spec. No. 17-10 81 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 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 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 49 Spec. No. 17-10 82 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: _______________________________________________ SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 50 Spec. No. 17-10 83 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: _________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 84 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 51 Spec. No. 17-10 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 $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 85 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 52 Spec. No. 17-10 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) 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) ___________________________________ 86 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 53 Spec. No. 17-10 (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 87 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 54 Spec. No. 17-10 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. 88 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 55 Spec. No. 17-10 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 89 SLURRY SEAL OF LOCAL STREETS & AIRPORT SERVICE ROADS 56 Spec. No. 17-10 90 91 92 93 1 2 3 ATTACHMENT 1 4 5 39.4047.4523.5032.3653.36 310.40688.94800.01167.01258.37 Increased Cost to City Difference Representing $ $ $ $ $ $ $ $ $ $ 913.20549.50 3,454.16 1,070.12 4,195.24 2,015.41 52,489.72 30,012.37 28,399.99 43,241.63 Low Bid Price $ $ $ $ $ $ $ $ $ $ 952.60573.00 3,501.611,102.484,362.25 52,800.1230,701.3129,200.00$2,068.7743,500.00 Local Vendor Price $ $ $ $ $ $ $ $ $ Local Vendor Name Pace SupplyPACE SUPPLYUKIAH FORDPACE SUPPLYPACE SUPPLYRedwood FordThurston Auto PlazaFastenalPace SupplyThurston Auto Plaza General Description Misc Water Pipe repair itemsW/S PARTS - MISC ADAPTERSELEC UTILITY SERVICE TRUCKW/S PARTS - MISC ADAPTERSW/S Concrete Box & CoverFord F-250=XL Toyota CamryMilwaukee Cutter and LED light towersMisc Water Pipe repair itemsToyota Highlander Hibrid Date 3/2/20175/5/20178/2/20178/3/2017 7/26/201712/6/20162/16/20173/24/20174/20/20176/15/2017 449264453944629446804472944775448254493844948 1617145 PO or Contract # Local Preference Tracking ATTACHMENT 2 1 2 3 Attachment#1 4 Attachment#2 Mendocino County Legislation Details (With Text) File #: Version:Name: 17-08551 Type:Status: ApprovalAgenda Ready File created:In control: 9/12/2017Board of Supervisors On agenda:Final action: 9/19/2017 Title: Discussion and Possible Reconsideration of the Board of Supervisors Approval on August 15, 2017, of Updated Timelines Regarding Emergency Medical Services (EMS) Requests for Proposals for Exclusive Operating Area Services and EMS and Fire Dispatch Services (Sponsor: Supervisor Gjerde) Sponsors: Indexes: Code sections: Attachments: 1. 09-12-17 Memorandum from Supervisor Gjerde, 2. 08-15-17 HHSA Staff Report - EMS Update DateVer.Action ByActionResult 9/19/20171Board of Supervisors To: Board of Supervisors From:Supervisor Gjerde Meeting Date:September 19, 2017 Department Contact:Supervisor Gjerde Phone:463-4441 Item Type: Regular Agenda Time Allocated for Item: 30 min. Agenda Title: DiscussionandPossibleReconsiderationoftheBoardofSupervisorsApprovalonAugust15,2017,ofUpdated TimelinesRegardingEmergencyMedicalServices(EMS)RequestsforProposalsforExclusiveOperatingArea Services and EMS and Fire Dispatch Services (Sponsor: Supervisor Gjerde) Recommended Action/Motion: 1)ReconsiderBoardofSupervisorsapprovalonAugust15,2017,ofupdatedtimelineregardingEmergency MedicalServices(EMS)requestsforproposals(RFP)forExclusiveOperatingAreaServicesandEMSandFire DispatchServices;anduponsuccessfulreconsideration,consider2)Approveatimelineforrequestsfor proposalsforEmergencyMedicalServices;uponcompletionoftheEMSRFPprocess,staffwillworkwiththe EMSproviders,localfiredepartmentsandCalFiretoreturntotheBoardofSupervisorswithaMemorandum ofUnderstandingbetweentheagenciestoensurethebestpossibleprocessfortherespectiveagenciesto resolve operational issues. Previous Board/Board Committee Actions: 5 OnAugust15,2017,theBoardofSupervisorapprovedanupdatedtimelineregardingEmergencyMedical Mendocino CountyPage 1 of 3Printed on 9/15/2017 powered by Legistar™ File #:17-0855,Version:1 Services(EMS)requestsforproposalsforExclusiveOperatingAreaServicesandEMSandFireDispatch Services. Summary of Request: SupervisorGjerdehasspokenwithrepresentativesofseverallocalfiredepartments,andhastakenatourof theCalFiredispatchcenteratHowardForest.Whiletheboardwillwanttoconsidermanyfacts,thesewereof particularinteresttoSupervisorGjerde:1)CalFireisnotchargingtheCountyit’sfullyloadedcostsforthe dispatchservice,2)CalFireissendingtheCountyannualinvoicesthatareconsistentlycheaperthanlistedin thecontract,and3)CalFirehasfirefightersservingasdispatchers,andthatexpertiseisprovidingalevelof servicethelocalfiredepartmentscouldnotreceivefromaprivatedispatchcompany.Giventheinformation availabletotheboard,SupervisorGjerderequestingtheBoarddirectthatstaffwouldnotproceedwithanRFP forfireandemergencymedicaldispatch,sincethefactsonthegroundleadSupervisorGjerdetobelievethe Boardwouldnotapproveacontractwithaprivatedispatchcompany,andproceedingwithanRFPwould simply be a waste of time and money. Rule27oftheBoardofSupervisorsRulesofProceduresstates:AnymemberoftheBoardwhovotesinthe majorityonaquestion,aswellasanymemberwhowasabsent,iseligibletomakeamotiontoreconsider.A motiontoreconsidershallbeinorderduringthemeetingatwhichtheactiontobereconsideredtookplace, providedmembersofthepublicinattendanceduringtheoriginalactionarestillpresentintheBoard chamber.Inallothercases,motionsforreconsiderationmustbeplacedonafutureagendaforaction.Unless amemberwasabsent,amotiontoreconsidermustbeplacedontheagendaforthenextregularBoard meeting.Amemberwhowasabsentmustplaceamotiontoreconsiderontheagendaforthenextregular BoardmeetingaftertheregularBoardmeetingatwhichthatmemberisinattendance.Amotionto reconsidershallrequireamajorityvote.Amotiontoreconsider,iflost,shallnotberenewednorshallany subject be a second time reconsidered within twelve (12) months, except by a 4/5th vote of the Board. SupervisorGjerdewasabsentfromtheAugust15,2017,BoardofSupervisorsmeetingwheretheupdated timelineregardingEmergencyMedicalServices(EMS)requestsforproposalsforExclusiveOperatingArea ServicesandEMSandFireDispatchServiceswasapprovedbytheBoardofSupervisors.SupervisorGjerde wasalsoabsentfromtheAugust22,2017,BoardofSupervisorsmeetingandtheAugust29,2017,Boardof Supervisorsmeeting.SupervisorGjerdeannouncedattheSeptember12,2017,BoardofSupervisorsmeeting thatheintendedtoinvokeRule27oftheBoardofSupervisorsRulesofProcedurestopresentamotionto reconsidertheapprovaloftheupdatedtimelineregardingEmergencyMedicalServices(EMS)requestsfor proposalsforExclusiveOperatingAreaServicesandEMSandFireDispatchServicesattheSeptember19, 2017, meeting of Board of Supervisors. Alternative Action/Motion: DonotreconsidertheapprovaloftheupdatedtimelineregardingEmergencyMedicalServices(EMS)requests for proposals for Exclusive Operating Area Services and EMS and Fire Dispatch Services. Supplemental Information Available Online at:N/A Fiscal Impact: Source of Funding:N/A Budgeted in Current F/Y:N/A Current F/Y Cost:N/A Annual Recurring Cost:N/A Supervisorial District: AllVote Requirement: Majority Agreement/Resolution/Ordinance Approved by County Counsel:N/A CEO Liaison:Janelle Rau, Deputy CEO CEO Review:Yes 6 CEO Comments: Mendocino CountyPage 2 of 3Printed on 9/15/2017 powered by Legistar™ File #:17-0855,Version:1 FOR COB USE ONLY Executed By:Deputy ClerkFinal Status:Item Status Date:DATE EXECUTED.Executed Item Number:Item Note to Department: 7 Mendocino CountyPage 3 of 3Printed on 9/15/2017 powered by Legistar™ M E N D O C I N O C O U N T Y M EMORANDUM Date: September 11, 2017 To: Board of Supervisors & CEO From: Supervisor Dan Gjerde Subject: Announcing a Motion to Reconsider timeline that includes an RFP for Fire and Emergency Dispatch Services to be placed on September 19, 2017 Board of Supervisors meeting On August 15, the board approved a timeline, presented by the Health and Human Services Agency, which included a timeline to send out request for proposals for fire and emergency dispatch services. Following the guidance of the board of supervisors 2017 rules of procedure, I am providing notice to the board and public that I am requesting a motion to reconsider that item to be placed on the next regular meeting. In reading Rule 27, motion to reconsider, it says a board member who was absent must make this request upon their next attendance of a regular meeting. (I am doing this, with this memo.) And then the agenda item for reconsideration is placed on the This request is being made with considerable thought and consideration. I have spoken with representatives of several local fire departments, and have taken a tour of the CalFire dispatch center at Howard Forest. While the board will want to consider many facts, these stick out to CalFire is sending the County annual invoices that are consistently cheaper than listed in the contract, and 3) CalFire has fire fighters serving as dispatchers, and that expertise is providing a level of service the local fire departments could not receive from a private dispatch company. Given the information available to the board, I am requesting the board direct that staff would not proceed with an RFP for fire and emergency medical dispatch, since the facts on the ground lead me to believe the board would not approve a contract with a private dispatch company, and proceeding with an RFP would simply be a waste of time and money. Enclosure cc: Carmel J. Angelo, Chief Executive Officer/Clerk of the Board 8 Healthy People, Healthy Communities MENDOCINO COUNTY HEALTH AND HUMAN SERVICES AGENCY MEMORANDUM ToMendocino County Board of Supervisors DateAugust 8, 2017 FromTammy Moss Chandler, HHSA Director SubjectEmergency Medical ServicesRequest for Proposals Timeline Update _______________________________________________________________________ Background A defined set of authorities exists to support the delivery of pre-hospital care within the state of California. Statewide EMS governance was established in the early 1980s to facilitate a system of coordinated readiness and response locally, regionally and statewide. California Health & Safety Code (H&SC), Division 2.5, the EMS Act, establishes the Emergency Medical Services Authority (EMSA) as the statewide agency that oversees statute and regulations at the state level. The EMS system also has a strong local component with much of the direct system administration and coordination and medical control provided at the county level. H&SC, Division 2.5, Section 1797.200 authorizes each county to designate a Local EMS Agency (LEMSA) for the administration of emergency medical services. Designated in 1993 through a contract with Sonoma County Department of Health Services, Coastal Valleys Emergency Medical Services Agency (CVEMSA) serves as the Mendocino County LEMSA. As such, CVEMSA is responsible for fulfilling the specific requirements of H&SC 2.5 and CCR Title 22, Division 9 in its oversight and management of an effective emergency medical care delivery system focusing on rapid access, assessment, patient stabilization, and transportation. After a broad EMS assessment in 2011, Mendocino County initiated a collaborative project in 2013 to explore the feasibility of implementing an Exclusive Operating Area (EOA) for the sustainable provision of emergency ambulance services within the County (see EMS Zone map). Pursuant to Board Direction, an EOA Oversight Committee,comprised of representatives from various County offices, fire chiefs and hospital staff, solicited input from emergency transport providers, dispatch providers, fire chiefs and hospitals to discuss best methods and system design of an EOA. On September 23, 2014, the County entered into an agreement with The Abaris Group to develop and implement an ambulance EOA that addressed the need to revise the County ordinance. Changes to the County ordinance were originally considered by the Board of Supervisors in April 2016. After the April Board meeting, CVEMSA was approached by various partners with concerns and revised language recommendations. As a result, CVEMSA continued to work with the Abaris Group to assess the suggested revisions and hosted two EMS ordinance workshops to provide a forum for discussion for system stakeholders. A final revised ordinance was adopted by the Board of Supervisors on January 9, 2017. At that time the Board was informed of progress on the draft Request for Proposals (RFP) for EOA and dispatch services, and the Health & Human Services Agency (HHSA) recommendation to combine the RFP processes for EOA and dispatch services to release one RFP with two distinct but complementary scopes of service. The establishment of an EOA creates performance standards that require additional 9 components to dispatching that affect the current dispatch process. 1 HHSA and CVEMS reviewed the single RFP concept with local stakeholders and worked with the Abaris group to provide this draft RFP for the State EMSA, which must approve any ambulance related RFP prior to its release. However, the Board of Supervisors gave direction during their June 6, 2017, Budget Hearings to release these as two separate RFPs for ambulance EOA services and EMS/Fire dispatch services. Work has been done over the past two months to separate these scopes into two separate RFPs, which are scheduled to release in late August contingent upon approval from the State EMSA. The key objectives of the RFP processes are intended to deliver the following improvements for EMS transport in the County: Stable ambulance transportation within the EOA Appropriate level of service and response for the acuity of the injury/illness Ambulance response time standards for all types of calls Clinical standards for ambulance patients to ensure high quality care Contract compliance committee to ensure standards are maintained Strong partnership with existing Fire/EMS resources in the County To ensure a fair and objective process, evaluators will be selectedfrom outside the immediate area who have no conflict of interest with any of the bidders. Local technical experts can be appointed to answer questions and ensure local knowledge is shared as necessary for the evaluators to score the proposals accurately. The evaluation committee will make a recommendation based on the highest scoring proposal, and HHSA will bring the recommended proposal to the Board of Supervisors for contract approval. Current Ambulance RFP Timeline Estimated Event Date RFP Finalized; Sent to CA EMS Authority for Approval 7/17/2017 RFP Returned, Corrections Made, Prep for Release * 8/21/2017 RFP Document Estimated Release Date 8/30/2017 Bidder’s Conference 9/12/2017 Deadline for Written Questions 9/19/2017 Letter of Intent Due 9/26/2017 Release of Addenda to RFP, if needed 9/28/2017 Proposals Due (by 4:00 p.m.) 11/15/2017 Notice of Intent to Award 12/05/2017 Last Day to Appeal 12/14/2017 Contract Preparation 12/15/2017 Approval of Contract by County Counsel 1/05/2018 Approval of Contract by Board of Supervisors 2/02/2018 Implementation 7/01/2018 *Note: this timeline is contingent on State EMS Authority turnaround on RFP 10 2 EMS Definitions The following terminology is being provided as a resource tool when discussing EMS services. Advanced Life Support Resource-a vehicle that has at the minimum, one individual trained at the paramedic level or higher and equipment to provide ALS services. Advanced Life Support(ALS)-special services designed to provide definitive pre-hospital emergency medical care as defined in Health and Safety Code Section 1797.52, including, but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration of specified drugs and other medicinal preparations, and other specified techniques and procedures administered by authorized personnel under the direct supervision of a base hospital. ALS Transport Unit-an ambulance, as that term is defined herein, staffed and equipped to provide advanced life support and transport capabilities. Ambulance or Ambulance Unit-any vehicle specially constructed, modified or equipped and used for transporting sick, injured, convalescent, infirmed or otherwise incapacitated person(s). Appropriate Unit-an ambulance or resource staffed and equipped at a level able to meet or exceed a patient’s need –for example, ALS or BLS. Typically, this is determined by dispatch using protocols that define calls in increasing order of urgency, i.e., “Alpha, Bravo, Charlie, Delta, or Echo.” Basic Life Support (BLS)-special services designed to provide definitive pre hospital emergency medical care as defined in Health and Safety Code Section 1797.60 BLS Resource-a unit staffed and equipped, at a minimum, to provide basic life support. BLS TransportUnit-an ambulance, as that term is defined herein, staffed and equipped, at a minimum, to provide basic life support and transport capabilities. Code-2 Call-any request for service designated as non-life threatening by dispatch personnel in accordance with County policy and pre-established dispatch protocols, requiring the immediate dispatch of an ambulance without the use of lights and sirens. Code-3 Call-any request for service for a perceived or actual life threatening condition, as determined by dispatch personnel, in accordance with County policy and pre-established dispatch protocols, requiring immediate dispatch with the use of lights and sirens. Computer-Aided Dispatch (CAD) -Asystem consisting of associated hardware and software to facilitate call taking, system status management, unit selection, ambulance coordination, resource dispatch and deployment, event time stamping, creation and real time maintenance of incident database, and providing management information. Contract Compliance Committee -This is a Mendocino County sponsored committee comprised of public safety, hospital and public health appointees who are responsible for monitoring contractor compliance, performance standards and contract provisions and making recommendations to Mendocino County. Critical Care Transport-the provision of emergency ambulance services utilizing a registered nurse, 11 physician, or physician assistant as the attendant on such vehicle. 3 Emergency Ambulance Service-the use of an ambulance to provide service pursuant to an approved emergency medical dispatch (EMD) system, including Code 2 and Code 3 response with a BLS, ALS ambulance or other resource. Emergency Medical Dispatch (EMD)-Personnel trained to state and national standards on emergency medical dispatch techniques including call screening, call and resource priority and pre- arrival instruction. Emergency Medical Services (EMS)-This refers to the full spectrum of pre-hospital careand transportation (including interfacility transports), encompassing bystander action (e.g. CPR), priority dispatch and pre-arrival instructions, first response and rescue service, ambulance services, and on- line medical control. Emergency Medical Technician (EMT)-An individual trained in all facets of basic life support according to standards prescribed by the California Code of Regulations and who has a valid certificate issued pursuant to that code. Emergency Medical Technician-Paramedic (EMT-P)-Individual whose scope of practice to provide advanced life support is according to the California Code of Regulations and whom has a valid license issued pursuant to California Health and Safety Code. First Responder-An agency with equipment and staff (e.g., fire department, police or non- transporting ambulance unit) with personnel capable of providing appropriate first responder pre- hospital care. Paramedic-An individual trained and licensed to perform advanced life-support (ALS) procedures under the direction of a physician. Also known as an EMT-P. Quick Response Vehicle-a vehicle that has at the minimum, one individual trained at the paramedic level or higher and equipment to provide ALS service. Response Time-that time measured from the time of initial alert of the appropriate responding resource(s) to the time that such resource arrives on scene. 12 4 EMS Zones There are currently nine ambulance service zones in Mendocino County. The map below displays the current ambulance service zones within the County and the current providers for each of those zones (see legend). This specific RFP is for an EOA that includes Zones 1, 2, 3, 5, 8, and 9. Zones excluded for the EOA are Zones 4, 6, and 7. Zone 1 Zone 3 Zone 2 Zone 4 Zone 5 Zone 6 Zone 8 Zone 7 Zone 9 13 5 1 2 DATASHEET Trimble S5 Total Station Robotic and Autolock Key Features TRUSTED PERFORMANCE The Trimble S5 Total Stations are available in robotic All you need to perform efficient surveying ® Everything you need to perform or Autolock-only versions. The Trimble S5 robotic ® campaigns is available in the Trimble S5 Robotic and Autolock versions have an optional TCU data Total Station solution: An accurate and reliable collector with Trimble Access field software for Measure further and faster with the instrument, DR Plus EDM, MagDrive technology, Trimble DR Plus EDM the popular Trimble TSC3 controller with Trimble Access field software and quick data processing Integrated Surveying Locate2Protect real-time equipment The Trimble S5 Total Station provides the management foundation for Trimbles Integrated Surveying Trimble has been manufacturing the industrys Seamless integration with the Trimble V10 solutions. With Integrated Surveying, you can leading robotic total stations for over a decade. You Imagine Rover and GNSS receivers seamlessly integrate complementary technologies can depend on the Trimble S5 Total Station to keep on the job site, such as Trimble GNSS receivers and Intuitive Trimble Access Field Software you productive in the field no matter what you optical measurements. encounter. Powerful Field and Office Software quick data processing Trimble Technology Choose from a variety of Trimble controllers The Trimble S5 Total Station is built upon proven operating the feature rich, intuitive Trimble Access Trimble technologies like SurePoint, MagDrive field software. Streamlined workflows guide crews and our DR Plus EDM, helping you work more through common project types, helping to get the efficiently while maintaining the highest accuracy job done faster with less distractions. Trimble Access possible. Smooth and silent, Trimble MagDrive workflows can also be customized to fit your needs. electro-magnetic technology means fewer moving parts, which reduces servicing requirements. Back in the office, trust Trimble Business Center Trimble SurePoint ensures accurate pointing and software to help you check, process and adjust your measurements by actively correcting for unwanted optical, leveling, and GNSS data in one software movements like wind, handling, and sinkage. The solution. No matter what Trimble instruments you Trimble DR Plus EDM allows you to measure with fewer instrument set-ups and enhance your direct Center office software will help you generate industry-leading deliverables. Manage Your Assets 24/7 Trimble S5 Configurations Angle Know where your total stations are 24 hours a day EDMServo ControlActive Track Accuracy with Trimble Locate2Protect technology. See where 1, 2, Robotic, DR PlusOptional your equipment is at any given time and get alerts 3, 5Autolock if your instrument leaves a jobsite or experiences Trimble InSphere Equipment Manager system lets you view usage and keep up-to-date on firmware, software and maintenance requirements. With Trimble Locate2Protect and InSphere Equipment Manager, you can rest assured knowing your equipment is up-to-date and where it should be. 3 DATASHEET Trimble S5 Total Station PERFORMANCESYSTEM SPECIFICATIONS Angle measurement Leveling Sensor type ....................Absolute encoder with diametrical readingCircular level in tribrach ............................8'/2 mm (8'/0.007 ft) Accuracy (Standard deviation based on DIN 18723) ...........1" (0.3 mgon) Electronic 2-axis level in the LC-display with a resolution of .....0.3 (0.1 mgon) 2" (0.6 mgon), 3" (1.0 mgon), or 5" (1.5 mgon) Servo system Angle Display (least count) ............................0.1" (0.01 mgon) MagDrive servo technology, integrated servo/angle sensor electromagnetic Automatic level compensator Type ...........................................Centered dual-axis Rotation speed ............................115 degrees/sec (128 gon/sec) Accuracy .......................................0.5" (0.15 mgon) Rotation time Face 1 to Face 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.6 sec Range ........................................± 5.4' (±100 mgon) Positioning time 180 degrees (200 gon) ..........................2.6 sec Distance measurement Clamps and slow motions .............Servo-driven, endless fine adjustment Centering Accuracy (ISO) Centering system .......................................Trimble 3-pin Prism mode 1 Optical plummet ...............................Built-in optical plummet Standard ..........................1 mm + 2 ppm (0.003 ft + 2 ppm) Magnification/shortest focusing distance ....2.3×/0.5 minfinity (1.6 ftinfinity) Accuracy (RMSE) Prism mode Telescope Standard .........................2 mm + 2 ppm (0.0065 ft + 2 ppm)Magnification .................................................30× Tracking ...........................4 mm + 2 ppm (0.013 ft + 2 ppm)Aperture ............................................40 mm (1.57 in) DR modeField of view at 100 m (328 ft) .............2.6 m at 100 m (8.5 ft at 328 ft) Standard .........................2 mm + 2 ppm (0.0065 ft + 2 ppm)Shortest focusing distance .........................1.5 m (4.92 ft)infinity Tracking ...........................4 mm + 2 ppm (0.013 ft + 2 ppm)Illuminated crosshair. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Variable (10 steps) Extended Range ....................10 mm + 2 ppm (0.033 ft + 2 ppm) Power supply Measuring time Internal battery .................Rechargeable Li-Ion battery 11.1 V, 5.0 Ah 5 Prism modeOperating time Standard ................................................1.2 secOne internal battery ...............................Approx. 6.5 hours Tracking .................................................0.4 secThree internal batteries in multi-battery adapter ..........Approx. 20 hours DR modeRobotic holder with one internal battery .....................13.5 hours Standard ...............................................15 sec Weight Tracking .................................................0.4 sec Instrument (Autolock) ................................5.4 kg (11.35 lb) Measurement Range Instrument (Robotic) ..................................5.5 kg (11.57 lb) 2,3 Prism mode (under standard clear conditions)Trimble CU controller ..................................0.4 kg (0.88 lb) 1 prism .........................................2500 m (8202 ft)Tribrach ............................................0.7 kg (1.54 lb) 1 prism Long Range mode ...............5500 m (18,044 ft) (max. range)Internal battery .....................................0.35 kg (0.77 lb) Shortest range ......................................0.2 m (0.65 ft)Trunnion axis height ..................................196 mm (7.71 in) DR mode Other ® 6 Communication ..................................USB, Serial, Bluetooth GoodNormal Difficult Operating temperature ...................20º C to +50º C (4º F to +122º F) (Good visibility, (Normal visibility,(Haze, object Tracklight built in ...............................Not available in all models low ambient moderate sunlight,in direct sunlight, Dust and water proofing ..........................................IP65 light) some heat shimmer)turbulence) Humidity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100% condensing White card 1,300 m 1,300 m 1,200 m Laser pointer coaxial (standard) ...............................Laser class 2 3 (90% reflective)(4,265 ft)(4,265 ft)(3,937 ft) 9 Security .....................Dual-layer password protection, Locate2Protect 600 m 600 m 550 m Gray card 3 ROBOTIC SURVEYING (18% reflective)(1,969 ft)(1,969 ft)(1,804 ft) 3 Autolock and Robotic Range Reflective foil 20 mm .................................1000 m (3280 ft Passive prisms ............................500 m700 m (1,6402,297 ft) Shortest range .........................................1 m (3.28 ft) Trimble MultiTrack Target .............................800 m (2,625 ft) DR Extended Range Mode Trimble Active Track 360 Target .........................500 m (1,640 Ft) 4 3 White Card (90% reflective) ................................2200 m Autolock pointing precision at 200 m (656 ft) (Standard deviation) Passive prisms .......................................<2 mm (0.007 ft) EDM SPECIFICATIONS Trimble MultiTrack Target ..............................<2 mm (0.007 ft) Light source .........................Pulsed laserdiode 905 nm, Laser class 1 Trimble Active Track 360 Target .........................<2 mm (0.007 ft) Beam divergence Shortest search distance ...................................0.2 m (0.65 ft) Horizontal .................................4 cm/100 m (0.13 ft/328 ft) Type of radio internal/external ...................2.4 GHz frequency-hopping, Vertical ....................................8 cm/100 m (0.26 ft/328 ft) spread-sprectrum radios 7 Search time (typical) .........................................210 sec GPS SEARCH/GEOLOCK GPS Search/GeoLock ..........360 degrees (400 gon) or defined horizontal and 1 Standard deviation according to ISO17123-4. vertical search window 2 Standard clear: No haze. Overcast or moderate sunlight with very light heat shimmer. 8 Solution acquisition time .....................................1530 sec 3 Range and accuracy depend on atmospheric conditions, size of prisms and background radiation. Target re-acquisition time ........................................<3 sec 4 Kodak Gray Card, Catalog number E1527795. 5 The capacity in 20 ºC (5 ºF) is 75% of the capacity at +20 ºC (68 ºF). Range ....................................Autolock & Robotic range limits 6 Bluetooth type approvals are country specific. Contact your local Trimble Authorized Distribution Partner for more information. 7 Dependent on selected size of search window. 8 Solution acquisition time is dependent upon solution geometry and GPS position quality. 9 Functionality and availability dependent on region. © 2015, Trimble Navigation Limited. All rights reserved. Trimble, the Globe & Triangle logo and Autolock are trademarks of Trimble Navigation Limited registered in the United States and in other countries. Access, InSphere, Integrated Surveying, MagDrive, MultiTrack, and SurePoint are trademarks of Trimble Navigation Limited. The Bluetooth word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Trimble Navigation Limited is under license. All other trademarks are the property of their respective owners. This product complies with IEC 60825-1, January 2001 and 21 CFR 1040.10 and 1040.11 except for deviations persuant to Laser Notice no. 50, dated July 26, 2001 Specifications subject to change without notice. PN 022516-153B (07/15) NORTH AMERICAEUROPEASIA-PACIFIC Trimble Navigation LimitedTrimble Germany GmbHTrimble Navigation 10368 Westmoor DrAm Prime Parc 11Singapore Pty Limited Westminster CO 8002165479 Raunheim 80 Marine Parade Road USAGERMANY#22-06, Parkway Parade Singapore 449269 SINGAPORE 4 TRIMBLE AUTHORIZED DISTRIBUTION PARTNER CSDS Sacramento CSDS DublinCSDS Fresno CSDS Las VegasCSDS Los Angeles 4733 Auburn Blvd. 6701 Sierra Court Ste. E4753 W. Jennifer Ave 6100 Mountain Vista, Ste 15010401 Venice Blvd., Ste 106-344 Sacramento CA 95841 Dublin CA 94568Fresno CA 93722Henderson, NV 89014Los Angeles, CA 90034 916-344-0232 925-960-0323559-275-0513702-489-8640310-836-1501 916-344-2998 fax 925-556-0150 fax 559-275-0518 fax www.csdsinc.com 702-489-8650310-836-2758 fax Trimble S5 Summer Special9/6/2017 Billing Information Account #:Phone:707-463-6280 Company :City of UkiahAttn:Andrew Stricklin 300 Seminary AvenuePayment Type:Net 30 Address: City:UkiahPO: State:CA.95482 Shipping Information astricklin@cityofukiah.com Account #:Email: Company :City of UkiahAttn:Andrew Stricklin Address:300 Seminary AvenuePhone:707-463-6297 City:UkiahShip Via:Other State:CA.95482Tyler Deliver Item Part No. DescriptionPrice Qty Total Trimble S5 3" Robotic, DR Plus, Active 1S5352200Tracking$23,750.001$23,750.00 Trimble TSC3, w/Access, internal 2.4 GHz 2TSC3-01-1122radio, Global, QWERTY keypad$7,345.00 1$0.00 3SLSU-S2016-3Robotic Power Kit$884.001$884.00 5-Slot Battery Charger w/power supply and 451693-01chord$975.001$975.00 5MT1000MultiTrack Target 360 Prism$2,870.001$2,870.00 682758-00Trimble TSC3 Accessory-Range Pole Bracket $155.001$155.00 75217-04-YELThumb Release Bipod$172.951$172.95 {ǒĬ ƚƷğƌ $28,806.95 Notes:ğǣ wğƷĻ 8.375% ğǣ $2,412.58 CƩĻźŭŷƷ ƚƷğƌ $31,219.53 All returns and exchanges must be made within 30 days of invoice. All returns subject to a 25% restocking fee. No cancellations, refunds, or exchanges on Special Order (including all GPS/GIS/Surveying Instruments and/or Software). x Customer Acceptance For all Trimble CMAS, GSA or Educator part numbers ordered, please address Purchase Orders to: Tyler Williams ϔЋЉЍ twilliams@csdsinc.com Trimble Navigation 5 415-377-9691 Attn: MGIS/Survey 5475 Kellenburger Road Dayton, OH 45424 Please FAX all Purchase Orders to: (916) 344-2121 Quotation valid for 30 daysDate:9/6/2017 1 2 3 11:28 AMTIME PLOTTED =>07-20-2017 7/20/2017DATE PLOTTED => S TUO S H AT S ET T E D O R A VS T A 7/20/20179/30/2017C68304LENA ASHLEYMATTHEW G. KENNEDY DATE SIGNEDLICENSE Exp DATEREGISTRATION No.CALTRANS DESIGN OVERSIGHT APPROVALCONSULTANT DESIGN ENGINEER 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => L C MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => I TN E SR T TA E 01 1 FO -FDN ARU MOB PHTU O S 1 01-I 01L 8L 9L 7 L APN 003-160-57 S UO BHT UO DN NO AR- PM OS HTU OB DNU FO R-F MA & P 1-I 10 5 L MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => U S 1- 10 SU 01- OS 1 TU OBH NU O D -N MAR P D V L B K R A P T R O P R I A MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => STA 19+00 SEE MATCHLINE SHEET L-2 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => 25 00+ +35 00 0" 10'- STA 19+00 SEE MATCHLINE SHEET L-1 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => N 0" 8'- '-0" 8 " 4'-0 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => ' 610600 590 5 9 . 8 0 + 4 EL = 598.36 5 )NOITCESRETNI FO TNIOP 1E/1A(STA = 54+16.17 EL = 598.31 60+45 = A TS 54+0054+30 EL = 598.09 06+35 = ATS 53+00 CE EL = 597.29 STA = 51+88.01 51+5052+0051+5052+0052+5053+0053+5054+0054+30 610600590 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => EL = 593.00 STA = 85+60.00 BNC AER A ER OG DNE GNITSIXE OT EVCE = 592.73 MROFNO C EVCS = 85+00.00 CE BFS BVCS = 83+00.00 BVCE = 598.78 EVCE = 600.24 EVCS = 82+77.50 ENC CB KLAWSSOR C MAN BVCE = 603.52 BVCS = 81+02.50 EL = 602.02 84+08 = ATS EL = 601.21 21+08 = ATS EL = 600.94 STA = 80+00.00 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => CULVERT FL ELEV 588.25 ELEV 593.65 STA 43+20 END WALL ANGLE POINT STA 43+14 STA 42+81 STA 42+66 ANGLE POINT STA 42+56 ELEV 598.00 STA 42+50 18" SEWER AT&T CONDUITS 8" WATER ANGLE POINT STA 42+11 12" PGE GAS CASING ANGLE POINT STA 41+70 ELEV 598.25 STA 41+55 ANGLE POINT STA 41+19 1'-7" ANGLE POINT STA 40+65 ELEV 598.00 STA 40+60 ANGLE POINT STA 40+52 ANGLE POINT STA 40+35 1'-4" ELEV 596.00 STA 40+00 BEGIN WALL ELEV 595.39 DRAIN OUTFALL MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => EL = 597.68 RT SHLD 45.90' RT EL = 602.30 RT SHLD 49.57' RT EL = 597.69 EL = 603.53 EL = 598.60 EL = 597.75 TC 43.86' LT EL = 597.65 BSW 50.36' LT X EL = 597.94 TC 42.80' LT EL = 598.02 BSW 49.38' LT EL = 602.12 TC 57.93' LT X (E) TC EL = 602.10 EL = 609.14 BSW 65.19' LT RT SHLD 28.43' RT EL = 596.19 EL = 598.08 X RT SHLD 84.32' RT EL = 609.88 EL = 600.09 EL = 609.35 RT SHLD 49.51' RT TC 28.63' LT (E) TC EL = 609.59 BSW 34.93' LT (E) BSW X EL = 601.32 EL = 597.74 (E) TC EL = 606.62 RT SHLD 37.09' RT EL = 598.88 EL = 600.67 TC 42.37' LT EL = 597.25 EL = 600.58 TC 44.92' LT BSW 48.97' LT EL = 608.15 EL = 597.33 BSW 51.42' LT X X (E) TC (E) BSW X EL = 606.48 TC 35.82' LT EL = 598.53 EL = 606.95 RT SHLD 58.36' RT SW 40.83' LT EL = 597.37 RT SHLD 52.74' RT (E) TC EL = 604.61 RT SHLD 44.70' RT EL = 599.30 EL = 597.51 EL = 599.30 EL = 606.04 EL = 599.25 TC 37.73' LT EL = 599.15 BSW 44.24' LT EL = 597.04 TC 43.99' LT (E) TC EL = 597.12 EL = 605.27 (E) BSW BSW 50.51' LT X TC 35.15' LT X X MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => EL = 604.52 EL = 595.57 RT SHLD 16.00' RT RT SHLD 16.00' RT EL = 603.76 EL = 594.01 EL = 602.44 EL = 591.68 EL = 597.33 LT SHLD 24.00' LT LT SHLD 24.00' LT RT SHLD 45.28' RT X X EL = 598.05 EL = 597.82 RT SHLD 16.00' RT EL = 604.67 RT SHLD 16.00' RT EL = 595.96 EL = 604.33 EL = 596.13 LT SHLD 72.44' LT EL = 593.17 LT SHLD 24.00' LT EL = 603.56 LT SHLD 24.00' LT X EL = 596.80 RT SHLD 28.75' RT X EL = 597.81 EL = 600.38 RT SHLD 16.00' RT EL = 592.95 EL = 597.37 LT SHLD 35.34' LT EL = 598.78 EL = 603.45 EL = 596.36 LT SHLD 24.00' LT EL = 603.47 TC 24.49' LT EL = 596.03 EL = 603.55 RT SHLD 28.75' RT BSW 30.49' LT X EL = 597.58 X EL = 593.10 RT SHLD 6.36' RT EL = 592.73 EL = 597.57 LT SHLD 28.75' LT EL = 591.54 LT SHLD 20.00' LT EL = 603.05 RT SHLD 16.00' RT EL = 594.56 EL = 602.08 RT SHLD 26.71' RT EL = 601.83 EL = 602.00 TC 28.44' LT EL = 597.34 EL = 593.53 EL = 600.00RT SHLD 6.54' RT EL = 602.08 LT SHLD 24.00' LT BSW 34.44' LT EL = 592.94 EL = 597.58 X LT SHLD 26.07' LT X EL = 591.36 LT SHLD 20.00' LT MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => ES MAINLINE EB TALMAGE RD ETW RAMP TO EB TALMAGE RD ES RAMP TO WB TALMAGE RD ES RAMP TO WB TALMAGE RD ETW RAMP TO MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => 1'-0" 1'-0"1'-0" MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => TYP UNO 5" MIN, POST 42" HANDRAIL 10", TYP 1'-2"1'-2"1'-2" MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => ST A 1+5 0 S EE M ATC H LIN E S HE ET G- 2 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => 1 - G T E E H S E NI L H C T A M E E S 0 5 + 1 A T S MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => N MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => SU 5 101-1 + 25 00+ 90088 +6+499 000+0 00 0+290 0+6 8 0 0+ 4 8 +25 00 +45 00 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => U 1-S 10 00 +8 00+5988 0+9 00 0+4900 +7 00+098 +3900 00+0 29190+ 00+68 00+ 58 00 +4 8 5 0+2 0 +35 00 +45 00 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => U 1-S 10 00+590 0+8 08 0+4900 98+7 0000+8 +39 9 00+0+00 291900+ 00+68 00+ 58 00 + 48 5 0+2 0 +35 00 +45 00 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => SU 1- 10 00 +8 00+5988 0+9 00 0+4900 +7 00+098 +3900 00+0 29190+ 00+68 00+ 58 00 +4 8 5 0+2 0 +35 00 +45 00 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => STA 20+00 SEE MATCHLINE SHEET PD-2 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => STA 20+00 SEE MATCHLINE SHEET PD-1 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => N 2' '2 '8 ' 21 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => N STA 94+00 SEE MATCHLINE BELOW STA 84+50 SEE MATCHLINE SHEET S-1STA 94+00 SEE MATCHLINE ABOVE MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => STA 20+00 SEE MATCHLINE SHEET E-3 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => STA 20+00 SEE MATCHLINE SHEET E-1 MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 11:10 AMTIME PLOTTED => 07-20-2017 7/20/2017DATE PLOTTED => MATTHEW G. KENNEDY DATE REVISEDCHECKED BY MATTHEW G. KENNEDY RR DESIGNED BY STEVE GRUPICO REVISED BY CONSULTANT FUNCTIONAL SUPERVISOR CALCULATED- 39 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: JIM BROWN – MAYOR KEVIN DOBLE – VICE MAYOR DOUGLAS CRANE – COUNCIL MEMBER STEVE SCALMANINI– COUNCIL MEMBER MAUREEN MULHEREN – COUNCIL MEMBER SAGE SANGIACOMO – CITY MANAGER TIM ERIKSEN – DIRECTOR OF PUBLIC WORKS / CITY ENGINEER MARY HORGER – PROCUREMENT MANAGER KRISTINE LAWLER – CITY CLERK R. ALLEN CARTER – CITY TREASURER CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS JULY 2017 40 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS .................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 3 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 5 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 5 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 41 TALMAGE ROAD INTERCHANGE iii Spec No.17-07 3-08. Dispute Resolution SECTION 4. BONDS ................................................................................................................................... 6 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 7 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ...................................................... 8 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 42 TALMAGE ROAD INTERCHANGE iv Spec No.17-07 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 ...................................................................... 14 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................ 16 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 43 TALMAGE ROAD INTERCHANGE v Spec No.17-07 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK ................................................................................................. 17 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ........................................................................................................................... 18 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................. 25 11-01. Notice 11-02. Computation of Time 11-03. Litigation and Forum Selection 11-04. Waiver 44 TALMAGE ROAD INTERCHANGE vi Spec No.17-07 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION ................................................................................................ 26 12-01. Location and Scope of Work 12-02. Arrangement of Technical Specifications 12-03. Arrangement of Plans 12-04. Business Licenses 12-05. Permits 12-06. Standard Specifications and Standard Plans 12-07. Temporary Facilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Dust Control 12-14. Noise Control 12-15. Watering 12-16. Preconstruction Conference 12-17. Progress Schedule 12-18. Progress Meetings 12-19. Safety Requirements 12-20. Public Notification SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 30 Standard Plan List Organization DIVISION I GENERAL PROVISIONS 1 General (not used) 2 Bidding 45 TALMAGE ROAD INTERCHANGE vii Spec No.17-07 3 Contract Award and Execution 4 Scope of Work 5 Control of Work 6 Control of Materials 7 Legal Relations and Responsibility to the Public 8 Prosecution and Progress 9 Payment (not used) DIVISION II GENERAL CONSTRUCTION 10 General (not used) 11 Welding (not used) 12 Temporary Traffic Control 13 Water Pollution Control 14 Environmental Stewardship 15 Existing Facilities 16 Temporary Facilities (not used) DIVISION III EARTHWORK AND LANDSCAPE 17 General 18 Dust Palliative 19 Earthwork 20 Landscape 21 Erosion Control 22 Finishing Roadway (not used) DIVISION IV SUBBASES AND BASES 23 General (not used) 24 Stabilized Soils (not used) 25 Aggregate Subbases 26 Aggregate Bases 27 Cement Treated Bases (not used) 46 TALMAGE ROAD INTERCHANGE viii Spec No.17-07 28 Concrete Bases (not used) 29 Treated Permeable Bases (not used) 30 Reclaimed Pavement (not used) 31 Reserved (not used) 32 Reserved (not used) 33 Reserved (not used) 34 Reserved (not used) 35 Reserved (not used) DIVISION V SURFACINGS AND PAVEMENTS 36 General (not used) 37 Seal Coats (not used) 38 Reserved (not used) 39 Asphalt Concrete 40 Concrete Pavement (not used) 41 Concrete Pavement Repair (not used) 42 Groove and Grind Concrete (not used) 43 Reserved (not used) 44 Reserved (not used) DIVISION VI STRUCTURES 45 General (not used) 46 Ground Anchors and Soil Nails (not used) 47 Earth Retaining Systems (not used) 48 Temporary Structures (not used) 49 Piling (not used) 50 Prestressing Concrete (not used) 51 Concrete Structures 52 Reinforcement (not used) 53 Shotcrete (not used) 47 TALMAGE ROAD INTERCHANGE ix Spec No.17-07 54 Waterproofing (not used) 55 Steel Structures (not used) 56 Overhead Sign Structures, Standards, and Poles (not used) 57 Wood and Plastic Lumber Structures (not used) 58 Sound Walls (not used) 59 Structural Steel Coatings (not used) 60 Existing Structures (not used) DIVISION VII DRAINAGE 61 General (not used) 62 Reserved (not used) 63 Reserved (not used) 64 Plastic Pipe 65 Concrete Pipe (not used) 66 Corrugated Metal Pipe 67 Structural Plate Culverts (not used) 68 Subsurface Drains 69 Overside Drains (not used) 70 Miscellaneous Drainage Facilities (not used) 71 Existing Drainage Facilities DIVISION VIII MISCELLANEOUS CONSTRUCTION 72 Slope Protection 73 Concrete Curbs and Sidewalks 74 Pumping Equipment and Controls (not used) 75 Miscellaneous Metals (not used) 76 Wells (not used) 77 Local Infrastructure (not used) 78 Incidental Construction (not used) 79 Reserved (not used) 48 TALMAGE ROAD INTERCHANGE x Spec No.17-07 80 Fences (not used) DIVISION IX TRAFFIC CONTROL FACILITIES 81 Miscellaneous Traffic Control Devices (not used) 82 Signs and Markers 83 Railings and Barriers 84 Markings 85 Reserved (not used) DIVISION X ELECTRICAL WORK 86 General 87 Electrical Systems 88 Reserved (not used) DIVISION XI MATERIALS 89 Aggregate (not used) 90 Concrete (not used) 91 Paint (not used) 92 Asphalt Binders (not used) 93 Reserved (not used) 94 Asphaltic Emulsions (not used) 95 Epoxy (not used) 96 Geosynthetics 97 Reserved (not used) 98 Reserved (not used) DIVISION XII BUILDING CONSTRUCTION 99 Building Construction (not used) SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 75 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 75 15-01. Provisions of General Conditions to be Amended 49 TALMAGE ROAD INTERCHANGE xi Spec No.17-07 CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST .................................................................................................................... 76 PROPOSAL ........................................................................................................................................... 78 BIDDING SCHEDULE ................................................................................................................................. 79 IRAN CONTRACTING CERTIFICATION .................................................................................................... 81 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 82 WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 83 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 84 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 85 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 86 SIGNATURE OF BIDDER ........................................................................................................................... 87 BIDDER'S BOND ........................................................................................................................................ 88 NON-COLLUSIONAFFIDAVIT ................................................................................................................... 89 AGREEMENT ........................................................................................................................................... 90 INDEMNIFICATION AGREEMENT ............................................................................................................ 95 EXAMPLE BOND FORMS .......................................................................................................................... 96 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ........ 102 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ............................................ 103 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS 50 TALMAGE ROAD INTERCHANGE xii Spec No.17-07 51 52 INSTRUCTIONS TO BIDDERS TALMAGE ROAD INTERCHANGE 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 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 ONE HUNDRED (100) working days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Prospective Bidder Pre-Qualification All borrowers that receive I-Bank financing above $2 million, and that are also the entity awarding the construction contract, must pre-qualify contractors bidding on the I-Bank financed project using the model pre- qualification questionnaire approved by the Department of Industrial Relations pursuant to AB 574 (Chapter 972 of the Statutes of 1999). All prospective Bidders must fully complete the pre-qualification questionnaire, provide all materials requested therein, and be scored high enough to be approved by the City of Ukiah to be on the final qualified Bidders list. The separately bound questionnaire can be obtained from the City’s website, at www.cityofukiah.com/purchasing with the other project documents, or are available for no fee from the City of 53 TALMAGE ROAD INTERCHANGE 1 Spec. No. 17-07 Ukiah’s Purchasing Office, 411 West Clay Street, Ukiah, CA 95482. A Non-Mandatory Pre-Bid and Prequalification Informational Meeting will be held on Tuesday, August 15, 2017 at 11:00 a.m. at the City of Ukiah Annex, Conference Room 5, 411 West Clay Street, Ukiah, California 95482. Completed Pre-Qualification Questionnaires are to be submitted to the City of Ukiah’s City Clerk office at 300 Seminary Avenue, Ukiah, California, 95482 by 5:00 p.m. Tuesday, August 22, 2017. Qualification th notices will be sent to contractors by Tuesday, August 29, 2017. Pre-qualification approval will remain valid for 12 months from the date of notice of qualification, with certain exceptions as described in the pre-qualification questionnaire. Those contractors who have met the pre- qualification requirements for Specification No. 17-09 Transportation Improvements for Redwood Business Park will be pre-qualified for this project, and will not need to re-apply. 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, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Procurement Manager Fax: (707) 313-3621 Email:mhorger@cityofukiah.com The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening. Location of the Work All of the work to be performed is within the City of Ukiah. Project is located in and around Talmage Road, Munson Frontage Road and the Talmage Road interchange with U.S. 101. 54 TALMAGE ROAD INTERCHANGE 2 Spec. No. 17-07 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the 55 TALMAGE ROAD INTERCHANGE 3 Spec. No. 17-07 character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: 56 TALMAGE ROAD INTERCHANGE 4 Spec. No. 17-07 (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. 57 TALMAGE ROAD INTERCHANGE 5 Spec. No. 17-07 The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and 58 TALMAGE ROAD INTERCHANGE 6 Spec. No. 17-07 failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 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 59 TALMAGE ROAD INTERCHANGE 7 Spec. No. 17-07 contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or 60 TALMAGE ROAD INTERCHANGE 8 Spec. No. 17-07 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 obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. 61 TALMAGE ROAD INTERCHANGE 9 Spec. No. 17-07 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. The City has obtained an encroachment permit from the California Department of Transportation District 1 for the project, which is available for review. The Contractor is required to obtain an encroachment permit from and pay any associated fees to the California Department of Transportation District 1 for the construction of the project. 62 TALMAGE ROAD INTERCHANGE 10 Spec. No. 17-07 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and 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 63 TALMAGE ROAD INTERCHANGE 11 Spec. No. 17-07 his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the 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, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and 64 TALMAGE ROAD INTERCHANGE 12 Spec. No. 17-07 welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. 65 TALMAGE ROAD INTERCHANGE 13 Spec. No. 17-07 Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 66 TALMAGE ROAD INTERCHANGE 14 Spec. No. 17-07 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 67 TALMAGE ROAD INTERCHANGE 15 Spec. No. 17-07 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 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. 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 copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall 68 TALMAGE ROAD INTERCHANGE 16 Spec. No. 17-07 have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 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 69 TALMAGE ROAD INTERCHANGE 17 Spec. No. 17-07 order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 70 TALMAGE ROAD INTERCHANGE 18 Spec. No. 17-07 10-02. Progress Estimates and Payment. 1. References to the California Department of Transportation Standard Specifications in these Special Provisions and on the Drawings are for technical information and details only and do not modify payment procedures described herein. Payment for the Work will be in accordance with this Section. Indications in the Standard Specifications of payment for any element of the Work by Owner other than as part of a Bid Item are not applicable to this Contract. Indications in the Standard Specifications of additional compensation for any element of the Work other than as described in this Section are not applicable to this Contract. 2. The Contractor shall submit a schedule of values in spreadsheet format compatible with the latest version of Microsoft Excel to the Engineer prior to the first payment and within ten (10) days after Notice to Proceed. The schedule of values, as agreed upon by the Contractor and the Engineer, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item. (a) Determine the quantities required to complete the work shown on the Contract Drawings. i. The Contractor shall be responsible for the accuracy of the quantities and values used in the Schedule of Values submitted for approval. ii. The sum of the amounts for the units of work listed in the Schedule of Values shall be equal to the contract lump sum price bid for the work. iii. Overhead and profit shall be included in each individual unit listed in the Schedule of Values. (b) List bonds and insurance premiums, mobilization, demobilization, preliminary and detailed progress schedule preparation, erosion control measures, equipment testing, facility startup, and contract closeout separately. i. Break down the cost for mobilization into specific line items that detail costs associated with mobilization (e.g., field offices, temporary infrastructure, temporary utilities, portable sanitary provisions, equipment mobilization). ii. Failure to detail the costs within mobilization shall result in the line item being rejected and payment of the value of the line item being delayed until final payment. 3. The schedule of values shall, as a minimum, include the following items: (a) Bonds & Insurance (b) Mobilization (c) Demobilization (d) Progress Schedule (e) Shoring (f) Final Clean-up/Contract Closeout (g) SWPPP Plan, Maintenance, Reporting (h) Temporary Fences 71 TALMAGE ROAD INTERCHANGE 19 Spec. No. 17-07 (i) Construction Area Traffic Control Devices (j) Construction Surveying (k) Demolition i. Remove fencing ii. Remove pavement markings iii. Remove signs iv. Remove headwall v. Remove / abandon utilities vi. Remove concrete curb vii. Remove concrete curb & gutter viii. Remove sidewalk ix. Remove guardrail (l) Utilities i. Utility clearances ii. Utility conflict allowance iii. Adjust utility covers to grade (m) Cold Plane Asphalt Concrete Pavement (n) Clearing and Grubbing (o) Roadway Excavation i. General roadway excavation (not CG & S) ii. Remove unsuitable material iii. Subgrade enhancement geotextile iv. Import borrow (p) Permanent Erosion Control (q) Aggregate Subbase (r) Aggregate Base (s) Hot Mix Asphalt i. Pavement 72 TALMAGE ROAD INTERCHANGE 20 Spec. No. 17-07 (t) Structural Concrete (retaining wall and headwall) (u) Roadside Signs (v) Paint curb (w) Storm Drain i. Pipe ii. Drainage Inlets (x) Permeable Material (y) Minor Concrete & Associated Grading i. Curb ii. Curb & Gutter iii. Sidewalk iv. Median island paving v. Curb ramp vi. Curb ramp detectable surface (z) Fences and Gates i. Chain link fence ii. Pedestrian barricade iii. Pipe hand railing (aa) Traffic Striping, Markings, Raised Pavement Markers and Delineators (bb) Crash Cushion (ADIEM) (cc) Signals, Lighting and Electrical Systems i. Signal & Light (Talmage Road/U.S. 101 off-ramp to westbound Talmage Road) ii. Remove Lighting Standard iii. Install Lighting Standard 4. The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Engineer, to allow a fair and reasonable estimate to be made of the value of work installed. The detail of the cost breakdown must be sufficient to provide timely processing of the monthly progress payment request. 5. The cost breakdown will be subject to the approval of the Engineer, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities 73 TALMAGE ROAD INTERCHANGE 21 Spec. No. 17-07 of work. The cost breakdown shall be sufficiently detailed to permit its use by the Engineer as one of the bases for evaluating requests for payments. The Engineer shall be the sole judge of the adequacy of the cost breakdown. 6. The cost breakdown shall be solely used to determine progress payments. The cost breakdown shall not be considered in determining payment or credit for additional or deleted work. 7. Application for payment will not be accepted by Engineer until Contractor’s Schedule of Values is accepted by Engineer. 8. 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. 9. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); 74 TALMAGE ROAD INTERCHANGE 22 Spec. No. 17-07 and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. After the Contractor has, in the opinion of the Engineer, satisfactorily completed all corrections identified in the final inspection and delivered all required documentation, Contractor may make application for final payment following the procedure for progress payments. 75 TALMAGE ROAD INTERCHANGE 23 Spec. No. 17-07 Such final application shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the pay request; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of final payment. The date of payment of any request shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to 76 TALMAGE ROAD INTERCHANGE 24 Spec. No. 17-07 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. 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. 77 TALMAGE ROAD INTERCHANGE 25 Spec. No. 17-07 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and generally consists of transportation improvements to the southbound Talmage Road interchange with U.S. 101, including pavement demolition and reconstruction, pavement overlay, a new traffic signal at the intersection of Talmage Road and the U.S. 101 southbound off-ramp to westbound Talmage Road, demolition and reconstruction of sidewalk, curb and gutter, striping and signing, ADA curb ramps, fencing and hand railing, installation of new storm drainage piping and inlets, installation of permanent erosion controls and BMPs, signing and striping, and all associated clearing and demolition work. General locations of the work is Talmage Road and the Talmage Road interchange with U.S. 101. The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233. 12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details (Special Provisions) 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in on the Plans. The Plans consist of thirty-five (35) sheets numbered 1 through 35 and they are hereby made a part of the Contract Documents. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. The Contractor shall obtain an encroachment permit from and pay all associated fees to the California Department of Transportation District 1 for all work within the State Right-of-Way. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation 2015, are hereby made a part of these special provisions, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." These special provisions specify the qualitative technical requirements of the project. Whenever in the Standard Specifications and the Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. 78 TALMAGE ROAD INTERCHANGE 26 Spec. No. 17-07 Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.. 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 and approved by Caltrans to test materials and work involved in the contract. State or Owner - The City of Ukiah or California Department of Transportation (Caltrans) Other terms appearing in the Standard Specifications and the Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. Standard Plans 5. Standard Specifications 12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety" of the Standard Specifications. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety," 12-1.01, “General,” and 12-3," Traffic-Handling Equipment and Devices," of the 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. Access to abutting property and driveways shall be maintained during the performance of the work. The Contractor is advised that commercial and residential businesses abut the Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting property owners or managers of the businesses at least 5 business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations. 12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 79 TALMAGE ROAD INTERCHANGE 27 Spec. No. 17-07 The Contractor’s attention is also directed to Section 13, “Water Pollution Control,” of the Standard Specifications and to Section 13-3, “Storm Water Pollution Prevention Plan”, of the Standard Specifications concerning the requirement for submittal to the Engineer for approval a Storm Water Pollution Prevention Plan (SWPPP) for the control of pollution to adjacent drainage courses during the construction of the project. Said SWPPP shall include the erosion control provisions required by Section 13, “Water Pollution Control”, of the Construction Details. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one (1) year from the date of final acceptance, except where longer warranties are specified herein. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Dust Control. Dust control shall conform to the provisions of Section 18 “Dust Palliatives” of the Standard Specifications. In accordance with the recommendations contained in the certified Project EIR, dust shall be managed all active construction areas by water at least twice daily and more often during hot or windy periods or use of a dust palliative. The active areas adjacent to businesses and residential areas shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained. Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved with hot mix asphalt or have a stabilized access in accordance with the details of TC-1, “Stabilized Construction Entrance/Exit,” of the Caltrans Construction Site Best Management Practices Manual or Standard Plan T58. Unpaved construction staging areas shall receive the application of either water twice daily or a dust palliative. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work. The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of Section 14-8.02, “Noise Control", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days. Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source. The Contractor shall notify all residents within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications. The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source 80 TALMAGE ROAD INTERCHANGE 28 Spec. No. 17-07 shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines. 12-15. Watering. The application of water shall be performed in accordance with the provisions of Section 18, “Dust Palliatives,” of the Standard Specifications except as modified by these Special Provisions. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02C, "Level 2 Critical Path Method Schedule," of the Standard Specifications. Critical Path Method (CPM) schedules shall be prepared using Microsoft Project software, or an equivalent software application approved by the Engineer. After baseline schedule is accepted by the Engineer, Contractor shall update and submit CPM schedule to Engineer for review every 2 calendar weeks. 12-18. Progress Meetings. The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes. 12-19. 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. 12-20. Public Notification. The Contractor shall be responsible for all public notification regarding construction work, including detours, lane and street closures, hours of operations, and notification of effected commercial businesses within 1000 feet of the construction. For any business impacted by construction, the Contractor shall provide adequate sized on-site signage indicating that businesses are open during construction. The Contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District, Ukiah Municipal Airport, access off Airport Park Boulevard and Talmage Road will be affected by potential detours and street closures, with recommended alternate routes of travel. Access will be restricted to businesses and residents only during construction closures. Location of Street Closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of intersections shall be noted. The Contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use. 81 TALMAGE ROAD INTERCHANGE 29 Spec. No. 17-07 SECTION 13 - CONSTRUCTION DETAILS STANDARD PLAN LIST The following Standard Plans are incorporated by reference: A3A A3B A3C A10A A10B A10C A10D A10E A10F A10G A20A A20B A20C A20D A24A A24B A24C A24E A62A A62B A62F A73A A73B A73C A85 A85A A85B A87A A88A A88B D71 D72B D74C D77B D78A D89 D97C H51 T3A T3B T13 T14 T51 T52 T53 T54 T55 T56 T57 T58 T59 T61 T62 T63 T64 T65 BO-3 B3-3B B3-5 B3-6 RS1 RS2 RS3 S95 ES-1A ES-1B ES-1C ES-2B ES-2C ES-2D ES-3A ES-3C ES-4A ES-4B ES-4C ES-4D ES-4E ES-5A ES-5B ES-5C ES-5D ES-6A ES-6B ES-7A ES-7B ES-7D ES-7E ES-7M ES-7N ES-7Q ES-7R ES-8 ES-9A ES-10 ES-11 ES-13A ES-13B ORGANIZATION Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications. Each special provisionbegins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification. Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION I GENERAL PROVISIONS 1 GENERAL Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 2 BIDDING Add to section 2-1.06B: The Department makes the following supplemental project information available: 82 TALMAGE ROAD INTERCHANGE 30 Spec. No. 17-07 Supplemental Project Information Means Description Included in the Information Handout Available as specified in the Standard Specifications Included with the project plans Available for inspection at the Transportation Laboratory Available for inspection at the District Office Telephone no.: _____ Available for inspection at: Logs of test borings City of Ukiah Public Works Dept. Telephone no.: (707) 463-6755 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 3 CONTRACT AWARD AND EXECUTION Add to section 3-1.06: 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 4 SCOPE OF WORK Replace section 4-1.03 with: The work involves widening and realignment of specific portions of Talmage Road (State Route 222) and the southbound U.S. 101 on and off ramps east of Airport Park Boulevard in Ukiah, CA. The work includes clearing and grubbing, demolition, SWPPP implementation, erosion controls and BMPs, excavation, fill, grading, compaction, retaining wall, curb, gutter, sidewalk, pedestrian ramps, asphalt paving, striping, signing, traffic signals, and related improvements. The work is within the State Right-of-Way and City Right-of-Way. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 5 CONTROL OF WORK Add to section 5-1.20A: During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract: 83 TALMAGE ROAD INTERCHANGE 31 Spec. No. 17-07 Coincident or Adjacent Contracts City Contract no. County–Route–Post Mile Location Type of work 17-09 Talmage Road City of Ukiah, Talmage Transportation Road up to 200 feet east improvements, signals, of Airport Park striping, sidewalk, curb Airport Park Boulevard Boulevard and gutter, paving Commerce Drive Hastings Avenue During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract: Coincident or Adjacent Contracts State Contract no. County–Route–Post Mile Location Type of work 01-0C8404 MEN-101-R24.1 In Ukiah Replace Crash Cushions 01-0F4104 MEN-101-R24.3 In Ukiah Repair Bridge Replace section 5-1.26 with: Construction surveying including horizontal and vertical control and construction staking shall be the responsibility of the Contractor. Vertical and horizontal control is to be established from the existing Control Points established by the City and shown on the Plans. Vertical Control Points are shown on the Plans. Prior to the start of excavation work, the Contractor will be required to pothole existing utilities and other underground piping for the purpose of verifying location and depth a minimum of five working days in advance of excavation. The limited utility information indicated on the Plans reflects a baseline sampling of potential utility conflicts identified during the design of the project. The Contractor is responsible for potholing at these locations at a minimum. Additional utility location efforts may be required by the Contractor to positively locate all utilities impacted by the project. As a part of the Work, the Contractor will be responsible for performing all survey and construction layout work and performing testing and quality control work. Add to section 5-1.36A: All temporary facilities are the responsibility of the Contractor and 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 installation and removal of the Contractor’s temporary facilities. The City will not arrange temporary water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 6 CONTROL OF MATERIALS Add to section 6-2.01A: The Contractor shall be responsible for controlling the quality of the materials incorporated into the work and of the work performed. The City shall perform the necessary material sampling and testing to verify the work meets the specified quality requirements. The City will perform all soil and aggregate sampling and testing using an independent testing laboratory firm licensed to perform such tests. Other required sampling and testing will be performed by the City’s independent laboratory certified to perform the type of sampling 84 TALMAGE ROAD INTERCHANGE 32 Spec. No. 17-07 and testing assigned to or requested of them. Should any test result indicate a non-compliance with the requirements of the Contract Documents, the Contractor shall remove and reconstruct or rework the non- complying portion of work at no additional cost to the City. All reconstructed and reworked items of work shall be tested at the Contractor’s expense in the same manner as required for the initial work at no additional cost to the City. Prior to any removal, reconstruction or rework of any work item already incorporated into the project, the Contractor shall first obtain the approval of the Engineer as to the Contractor’s proposed methods for removal, reconstruction, or rework. Examples of material tests required by the Contractor on this project include, but are not limited to, compaction and gradation of aggregate base, Portland cement concrete and hot mix asphalt, compaction on roadway subgrade, and gradation & durability on aggregate materials. The City reserves the right to test, at its own cost, any item of work that has been tested by the Contractor and any independent testing performed by the City shall not relieve the Contractor of his responsibility for sampling, testing, reporting and overall quality control required by the Contract Documents. Should any independent tests performed by the City indicate non-compliance with the Contract Documents, upon notice of the Engineer, the Contractor shall retest that portion of the work not in compliance to the independent test. The City will closely monitor the Contractor’s retest. Should the Contractor’s retest indicate compliance with the Contract Documents, the direct costs related to the retest shall be paid as extra work pursuant to the provisions provided in Section 9 of the Standard Specifications. Should the Contractor’s retest indicate non-compliance, the Contractor shall remove, reconstruct, or rework the non-complying portion of work and the cost of the replacement work and retest shall be borne by the Contractor. The Contractor shall be responsible for all material and functional testing required for all electrical, lighting and traffic signal equipment as required by the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Replace section 7-1.02K(6)(j)(iii) with: Section 7-1.02K(6)(j)(iii) includes specifications for handling, removing, and disposing of existing earth material containing lead and existing yellow thermoplastic and yellow painted traffic strip containing lead. Submit a lead compliance plan not less than 15 days prior to the start of the removal operations. Lead is present in earth material on the job site. The average lead concentrations are below 1,000 mg/kg total lead and below 5 mg/L soluble lead. The earth material on the job site: 1. Is not a hazardous waste 2. Does not require disposal at a permitted landfill or solid waste disposal facility Lead is typically found within the top 2 feet of material in unpaved areas of the highway. Reuse all of the excavated material on the right-of-way. Haul and place the excavated material on the right-of-way at locations shown on the Plans. Handle the material under all applicable laws, rules, and regulations, including those of the following agencies: 1. Cal/OSHA 2. CA RWQCB, Region 1 3. CA Department of Toxic Substances Control Residue from removal of yellow thermoplastic and yellow painted traffic stripe and pavement marking contains lead chromate. The average lead concentration is greater than or equal to 1000 mg/kg total lead or 5 mg/l soluble lead. When applied to the roadway, the yellow thermoplastic and yellow painted traffic stripe and 85 TALMAGE ROAD INTERCHANGE 33 Spec. No. 17-07 pavement marking contained as much as 2.6 percent lead. Residue produced from the removal of this yellow thermoplastic and yellow painted traffic stripe and pavement marking contains heavy metals in concentrations that exceed thresholds established by the Health and Safety Code and 22 California Code of Regulations. For bidding purposes, assume that the residue is not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC § 6901 et seq. Yellow thermoplastic and yellow paint may produce toxic fumes when heated. Lead compliance plan must include the removal, containment, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking. The plan must include: 1. Objective of the operation. 2. Removal equipment. 3. Type of hazardous waste storage containers. 4. Container storage location and how it will be secured. 5. Hazardous waste sampling protocol and QA/QC requirements and procedures. 6. Qualifications of sampling personnel. 7. Analytical lab that will perform the analyses. 8. CA Department of Toxic Substances Control (DTSC) registration certificate and California Highway Patrol (CHP) Biennial Inspection of Terminals (BIT) Program compliance documentation of the hazardous waste hauler that will transport the hazardous waste. 9. Disposal site that will accept the yellow thermoplastic and paint hazardous waste residue. The yellow thermoplastic and yellow painted traffic stripe and pavement marking material shall not be disposed of on site. When disposing of material: 1. Disclose the lead concentration of the material to the receiving property owner when obtaining authorization for disposal on the property 2. Obtain the receiving property owner's acknowledgment of lead concentration disclosure in the written authorization for disposal 3. You are responsible for any additional sampling and analysis required by the receiving property owner If you choose to dispose of the yellow thermoplastic and yellow painted traffic stripe and pavement marking material at a commercial landfill: 1. Transport it to a Class III or Class II landfill appropriately permitted to receive the material 2. You are responsible for identifying the appropriately permitted landfill to receive the material and for all associated trucking and disposal costs, including any additional sampling and analysis required by the receiving landfill Add to section 7-1.03: 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 86 TALMAGE ROAD INTERCHANGE 34 Spec. No. 17-07 dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work. Add to section 7-1.04: 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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 8 PROSECUTION AND PROGRESS Add to section 8-1.02C(1): Level 2 Critical Path Method (CPM) Progress schedule will be required for this contract and shall conform to the provisions in Section 8-1.02C, "Level 2 Critical Path Method Schedule," of the Standard Specifications. After baseline schedule is accepted by the Engineer, Contractor shall update and submit CPM schedule to Engineer for review every 2 calendar weeks. Progress schedule will be paid for as described in Section 13-04.7. Add to section 8-1.02C(3)(a): Critical Path Method (CPM) schedules shall be prepared using Microsoft Project software or approved equivalent. Replace section 8-1.02E with: The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor, City and Caltrans, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes. Replace section 8-1.03 with: A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, 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. Engineer will prepare and distribute an agenda for the preconstruction conference. Add to section 8-1.04B: The Contractor shall obtain and pay for all permits required to complete this work except the required City of Ukiah encroachment permit for work within the City right-of-way. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. Replace "Reserved" in section 8-1.04C with: Physical work on the site shall not commence until a “No Fee” encroachment permit is issued by the City of Ukiah to the Contractor. The Contractor shall apply for and obtain an encroachment permit from the California Department of Transportation (Caltrans) District 1 to construct improvements within the State Right-of-Way. All costs associated with applying for, obtaining and maintaining said permit shall be borne by the Contractor. Do not start job site activities until the Department authorizes or accepts your submittal for: 1. SWPPP 87 TALMAGE ROAD INTERCHANGE 35 Spec. No. 17-07 2. Traffic Control Plan 3. Traffic signal and lighting equipment Submit these items, submittals for other long lead time items, within 5 days after Notice to Proceed has been issued. Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer: 1.Notice of Materials To Be Used form. 2. Written statement from the vendor that the order for the sign panels has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped. 3. Written statement from the vendor that the order for electrical material has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 9 PAYMENT Not Used. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION II GENERAL CONSTRUCTION 10 GENERAL Not Used. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 11 WELDING Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 12 TEMPORARY TRAFFIC CONTROL Add to section 12-1.01: Prior to commencing construction which will affect existing traffic, the Contractor shall submit for review by the Engineer, a Traffic Control Plan on 11" x 17" paper which contains only information specifically related to work zone traffic control, including pedestrian traffic control. The plan will show which California MUTCD typical application is to be used for each work operation. If the Contractor proposed to use the current edition of the MUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan or proposal shall be submitted to the Engineer for review at least two weeks prior to implementation. The Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineer and contain a title block which contains the Contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment. The content of the Traffic Control Plan shall include, but is not limited to, the following: A. Show location and limits of the work zone. B. Give dimensions of lanes affected by traffic control that will be open to traffic. C. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard. 88 TALMAGE ROAD INTERCHANGE 36 Spec. No. 17-07 D. Dimension location of signs and cone tapers. E. Identify side streets and driveways affected by construction and show how they will be handled. F. Show how pedestrian traffic will be handled through the construction site. G. Show how public transit will be handled through the construction area. H. Demonstrate how two-way traffic will be maintained. I. Identify message board locations. A minimum of 2 changeable message boards and 2 arrow boards shall be required. No work except for installation of project identification signs will be allowed to commence prior to approval of the Work Zone Traffic Control Plan. Replace section 12-1.03 with: The Contractor shall be responsible for all costs of furnishing all flaggers, including transporting flaggers and furnishing all materials and equipment to provide passage of traffic through the work as specified in section 7- 1.03 and 7-1.04. Add to section 12-3.01A(1): Construction area traffic control signs, equipment and devices shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 7-1.03 and Section 12 of the Standard Specifications, the California Manual on Uniform Traffic Control Devices, and the latest edition (MUTCD), and as directed by the Engineer. Notify Underground Services Alert (USA) at (800) 227-2600 a minimum of 2 working days prior to installing signposts. Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from these responsibilities. Replace section 12-3.20D with: Attention is directed to "Public Safety" and "Order of Work" of these special provisions. Temporary railing (Type K) placed in conformance with the provisions in "Public Safety" of these special provisions will be neither measured nor paid for. Replace section 12-3.22A with: Alternative temporary crash cushion must be furnished and installed as shown on the plans or where designated by the Engineer and under these special provisions. Whenever work activity exposes traffic to a fixed obstacle, protect the traffic from the obstacle with a temporary crash cushion. The temporary crash cushion must be in place before opening traffic lanes adjacent to the obstacle. Replace section 12-3.22B with: Alternatives for temporary crash cushion systems consist of one of the following or Department authorized equal: 1. CRASH CUSHION (TYPE ADIEM) – Crash cushion (Type ADIEM) is an ADIEM 350 manufactured by Trinity Highway Products, LLC located in Centerville, Utah. The ADIEM 350 is obtained from Trinity Highway Products, LLC, 950 West 400 South, Centerville, UT 84014, telephone (800) 772-7976. 89 TALMAGE ROAD INTERCHANGE 37 Spec. No. 17-07 2. CRASH CUSHION (QuadGuard CZ System) – Crash cushion (QuadGuard CZ System) is from Energy Absorption Systems, Inc. The QuadGuard CZ system is obtained from the distributor, Traffic Control Service, Inc., 1818 E. Orangethorp, Fullerton, CA 92831, telephone (800) 222-8274. 3. CRASH CUSHION (TYPE ABSORB) – Crash cushion (Type Absorb) is an ABSORB 350, 9-element system, as manufactured by Barrier Systems, Inc. The ABSORB 350, 9 element system is obtained from the distributor, Statewide Traffic Safety and Signs, telephone (800) 559-7080. Replace section 12-3.22C with: Alternative temporary crash cushion are installed under the manufacturer’s instructions and these special provisions. Submit one copy of the manufacturer’s plan and parts list for the alternative temporary crash cushion to be installed. Submit a certificate of compliance for alternative temporary crash cushion. Maintain in place alternative temporary crash cushion at each location including times when work is not actively in progress. Remove alternative temporary crash cushion when no longer required as determined by the Engineer. Immediately repair alternative temporary crash cushion damaged by your activities or by public traffic. Remove and replace alternative temporary crash cushions damaged beyond repair by your activities or by public traffic as determined by the Engineer. Attach a Type R or Type P marker panel to the front of the alternative temporary crash cushion if the closest point of the alternative temporary crash cushion system is within 12 feet of the travelled way. Firmly fasten the marker panel to the alternative temporary crash cushion system with commercial quality hardware or by other authorized methods. Relocate alternative temporary crash cushion to locations shown on plans or as directed by the Engineer. Relocation must occur within one day. Remove alternative temporary crash cushion including marker panels, at the time of Contract acceptance. Do not install alternative temporary crash cushion in the permanent work. Add section 12-3.22D: A lateral move of an alternative temporary crash cushion, not shown or ordered is change order work. Repair or replacement of alternative crash cushion damaged by public traffic will be paid for as change order work. Alternative crash cushion damaged beyond repair by public traffic, when ordered by the Engineer, shall be removed and replaced immediately by the Contractor. Add to section 12-3.32C: Start displaying the message on the portable changeable message signs 15 minutes before closing the lane. Provide four (4) portable changeable message signs. Place the portable changeable message signs in advance of the 1st warning sign for each: 1. Stationary lane closure 2. Off-ramp closure 3. Shoulder closure 90 TALMAGE ROAD INTERCHANGE 38 Spec. No. 17-07 For 5 days, starting on the day of signal activation, place 1 portable changeable message sign in each direction of travel and display the following message: "SIGNAL AHEAD -- PREPARE TO STOP." Add to section 12-4.02A: The Work Area 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. Access to abutting property and driveways shall be maintained during the performance of the work. The Contractor is advised that commercial businesses abut the Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting owners or managers of the business at least 5 business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations. Full costs for "Traffic Control System," including "Flagging Costs" and providing and maintaining access to abutting property, shall be considered as included in the bid item for “Traffic Control System,” and no additional compensation will be made therefor. Designated holidays are shown in the following table: Designated Holidays Holiday Date observed New Year's Day January 1st Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veterans Day November 11th Thanksgiving Day 4th Thursday in November Christmas Day December 25th If a designated holiday falls on a Sunday, the following Monday is a designated holiday. If November 11th falls on a Saturday, the preceding Friday is a designated holiday. Personal vehicles of your employees must not be parked on the traveled way or shoulders, including sections closed to traffic. For all work, if work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location. No work shall commence until Contractor’s Traffic Control Plan has been approved by the Engineer. Exact locations of Project Identification signs and Advance Notice signs shall be determined in the field by the Engineer. 91 TALMAGE ROAD INTERCHANGE 39 Spec. No. 17-07 Except as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any other hours unless specifically approved by the Engineer. The Contractor shall maintain vehicle access to adjacent streets, homes, businesses and other properties at all times while work is in progress except when necessary construction precludes such access for reasonable periods of time as determined by the Engineer. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 12 feet without written approval from the Engineer. The Contractor will be required to maintain vehicle access to homes, businesses and other properties within the block where work is in progress. The Contractor shall maintain 2-way traffic for all work on Talmage Road. The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way. At a minimum, the Contractor shall call the Fire Department at (707) 463-6261 daily to report any traveled way closure. This requirement applies immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies. This requirement does not apply for single lane closures on multiple lane local streets. If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be required to maintain vehicular access to homes and other properties where work is in progress within the closure area. Existing and regulatory signs are to be temporarily relocated, as directed by the Engineer, until new traffic signals are in place and operable for two-way traffic. Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to notify each owner or tenant verbally that work will be underway within his block between stated hours, and request that cars be parked out of the roadway by 9:00 a.m. Service of notice shall not bar use of cars within the block; however, as individual plans change and emergencies may arise. Cross streets will require maintenance of at least one-half (½) width of each street for traffic purposes, unless a parallel route is approved by the Engineer. Flagging will only be allowed between the hours of 9:00 a.m. and 3:00 p.m. Existing traffic signals shall remain in service at all times. Barricades and flaggers shall be positioned to allow safe turns at intersections. Replace section 12-4.02A(3)(b) with: Every Monday by noon, submit a closure schedule request of planned closures for the next week period. The next week period is defined as Friday midnight through the following Friday midnight. Submit a closure schedule request not less than 25 days and not more than 125 days before the anticipated start of any activity that reduces: 1. Horizontal clearances of traveled ways, including shoulders, to 2 lanes or less due to activities such as temporary barrier placement and paving 2. Vertical clearances of traveled way, including shoulders, due to activities such as pavement overlays, overhead sign installation, falsework, or girder erection Submit closure schedule amendments, including adding additional closures, by noon at least 3 business days before a planned closure. 92 TALMAGE ROAD INTERCHANGE 40 Spec. No. 17-07 Cancel closure requests using LCS at least 48 hours before the start time of the closure. You will be notified through LCS of unauthorized closures or closures that require coordination with other parties as a condition for authorization. The Engineer may reschedule a closure cancelled due to unsuitable weather. If a closure is not opened to traffic by the specified time, suspend work. No further closures are allowed until the Engineer has reviewed and authorized a work plan submitted by you that ensures that future closures will be opened to traffic by the specified time. Allow 2 business days for review of your proposed work plan. The Department does not compensate you for your losses due to the suspension of work resulting from the late opening of closures. Notify the Engineer of delays in your activities caused by: 1. Your closure schedule request being denied although your requested closures are within the specified time frame allowed for closures. The Department does not compensate you for your losses due to amendments to the closure schedule that are not authorized. 2. Your authorized closure being denied. If you are directed to remove a closure before the time designated in the authorized closure schedule, you will be compensated for the delay. 93 TALMAGE ROAD INTERCHANGE 41 Spec. No. 17-07 Replace section 12-4.02C(3)(f) with: Lane Closure Restrictions for Designated Holidays Thu Fri Sat Sun Mon Tues Wed Thu Fri Sat Sun H xx xx H xx xx H xx xx xx H xx xx H xx xx H xx xx H xx xx xx Legend: Refer to lane requirement charts xx The full width of the traveled way must be open for use by traffic. Designated holiday H 94 TALMAGE ROAD INTERCHANGE 42 Spec. No. 17-07 Replace "Reserved" in section 12-4.02C(3)(j) with: Chart no. 1 Complete Ramp Closure Hours/Ramp Lane Requirements County: Mendocino Route/Direction: 101 SB off to WB 222 PM: (Talmage Road) Closure limits: Demolition and reconstruction of off ramp. Hour 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon-C C C C C C C C C C C C C C C C C C C C C C C C Thu Fri C C C C C C C C C C C C C C C C C C C C C C C C Sat C C C C C C C C C C C C C C C C C C C C C C C C Sun C C C C C C C C C C C C C C C C C C C C C C C C Legend: C Ramp may be closed completely REMARKS: Maintain at least one open off ramp at 101 SB off to 222 (Talmage Road). During closure, redirect exiting traffic to EB and WB Talmage Road using approved temporary traffic controls. Maintain SB on ramp open to traffic. Provide detours as necessary. 95 TALMAGE ROAD INTERCHANGE 43 Spec. No. 17-07 Chart no. 2 Complete Ramp Closure Hours/Ramp Lane Requirements County: Mendocino Route/Direction: 101 SB off to EB 222 PM: (Talmage Road) Closure limits: Demolition and reconstruction of off ramp. Hour 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mon-C C C C C C C C C C C C C C C C C C C C C C C C Thu Fri C C C C C C C C C C C C C C C C C C C C C C C C Sat C C C C C C C C C C C C C C C C C C C C C C C C Sun C C C C C C C C C C C C C C C C C C C C C C C C Legend: C Ramp may be closed completely REMARKS: Maintain at least one open off ramp at 101 SB off to 222 (Talmage Road). During closure, redirect exiting traffic to EB and WB Talmage Road using approved temporary traffic controls. Maintain SB on ramp open to traffic. Provide detours as necessary. Add to section 12-4.02C(7): 12-4.02C(7)(a) General Section 12-4.02C(7)(c) includes specifications for closing traffic lanes, ramps, or a combination, with stationary lane closures on multilane highways. The traffic control system for a lane closure or a ramp closure must comply with the details shown. Traffic control system includes signs. Each vehicle used to place, maintain, and remove components of a traffic control system on a multilane highway must be equipped with a Type II flashing arrow sign that must be in operation whenever the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with a Type II flashing arrow sign not involved in placing, maintaining, or removing the components if operated within a stationary- type lane closure must display only the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. If a flashing arrow sign is required for a lane closure, the flashing arrow sign must be operational before the lane closure is in place. Whenever components of the traffic control system are displaced or cease to operate or function as specified from any cause, immediately repair the components to the original condition or replace the components and restore the components to the original location. For a stationary lane closure, ramp closure, or a combination, made only for the work period, remove the components of the traffic control system from the traveled way and shoulder, except for portable delineators placed along open trenches or excavation adjacent to the traveled way at the end of each work period. You may store the components at selected central locations designated by the Engineer within the limits of the highway. 96 TALMAGE ROAD INTERCHANGE 44 Spec. No. 17-07 Add to section 12-4.04: The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the California MUTCD, the improvement Plans, and these special provisions. Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the most desirable characteristics of the existing sidewalk, path or footpath. The Contractor shall construct and maintain temporary pedestrian pathways through the work zone, where required, that shall be in compliance with the requirements of the Americans with Disabilities Act (ADA) and the MUTCD. Pedestrian routes shall not be impacted for the purposes of any non-construction activities such as parking of vehicles or equipment, or stock piling of materials. Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 13 WATER POLLUTION CONTROL Add to section 13-1.01A: The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. Add to section 13-3.01A: The project is risk level 2. Discharges of stormwater from the project must comply with the permit issued by the North Coast RWQCB for National Pollutant Discharge Elimination System (NPDES) DWQ Construction General Permit, Permit No. 2009-0009. The North Coast RWQCB permit governs stormwater and non-stormwater discharges resulting from construction activities in the project area. The North Coast RWQCB permit may be viewed at 5550 Skylane Blvd., Suite A, Santa Rosa, CA 95403. Delete "for a risk level 2 or risk level 3 project" and "for a risk level 3 project" at every occurrence in section 13-3. Whenever a qualifying rain event produces runoff, sampling and analysis work must comply with the Construction Site Monitoring and Reporting Program (CSMRP). A storm water annual report must cover the preceding period from October 16th to October 15th. Add to section 13-10.03A: You may place gravel-filled bags without Type K temporary railing in shoulder areas. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 14 ENVIRONMENTAL STEWARDSHIP Add to section 14-1.02: When the Engineer determines that temporary fence (Type ESA) is no longer required, remove and dispose of it under Section 14-10, "Solid Waste Disposal and Recycling," of the Standard Specifications. Backfill and repair ground disturbance caused by the installation and removal of temporary fence (Type ESA), including holes and depressions, under Section 5-1.36, " Property and Facility Preservation," of the Standard Specifications. 97 TALMAGE ROAD INTERCHANGE 45 Spec. No. 17-07 Replace section 14-2.03A with: Section 14-2.02 applies if archaeological resources are discovered at the job site. Archaeological resources include chipped or ground stone, historic debris, building foundations and human bone. Do not disturb the resources and immediately: 1. Stop all work within 100 feet of the discovery. 2. Protect the discovery area. 3. Notify the Engineer. The City of Ukiah will provide a qualified archaeologist to assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City and other appropriate agencies. Replace section 14-4.01 with: If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (NAHC) (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: 1. The county coroner has been informed and has determined that no investigation of the cause of death is required; and 2. If the remains are of Native American origin, the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provide in the PRC 5097.98. Or: 3. The NAHC was unable to identify a decedent, or the descendent failed to make a recommendation within 24 hours after being notified by the commission. If human remains are discovered during any demolition/construction activities, all ground-disturbing activities within a 330 foot radius of the remains shall be halted immediately, and the Mendocino County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The City shall consult with the Most Likely Descendant, if any, identified by the NAHC regarding the treatment and disposition of the remains. Should paleontological resources be identified at any project construction site, the Contractor shall cease operation within a 330 foot radius of the discovery and immediately notify the City. The City will provide a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the paleontologist, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the discovery, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out. Add to section 14-6.03B: Construction shall not cause nest abandonment of special-status species of birds or destruction of active nests of species protected by the Migratory Bird Treaty Act or Section 3503 of the California Department of Fish and Wildlife (CDFW) Code (protection of nesting passerines). The following measures shall be implemented to avoid disturbing any special status species nesting above ground. Vegetation removal conducted during the nesting period shall require a pre-construction survey for active bird nests, conducted by a qualified biologist. No known 98 TALMAGE ROAD INTERCHANGE 46 Spec. No. 17-07 active nests shall be disturbed without a permit or other authorization from the U.S. Fish and Wildlife Service (USFWS) and the CDFW. 1. For earth-disturbing activities occurring during the breeding season (March 1 through September 1), a qualified biologist shall conduct pre-construction surveys of all potential nesting habitat for all birds within 500 feet of earth disturbing activities. 2. If active special status bird nests are found during pre-construction surveys: a. A 500 foot no-disturbance buffer shall be created around active raptor nests during the breeding season or until it is determined that all young have fledged. b. A 250 foot buffer zone will be created around the nests of other special status birds and of all other birds that are protected by CDFW Code 3503. These buffer zones are consistent with CDFW avoidance guidelines; however, they may be modified in coordination with CDFW based on existing conditions at the project site. 3. If preconstruction surveys indicated that nests are inactive or potential habitat is unoccupied during the construction season, no further mitigation is required. Shrubs and trees that have been determined to be occupied by special status birds or that are located 500 feet from active nests may be removed. 4. If vegetation removal activities are delayed or suspended for more than two weeks after the pre-construction survey, the areas shall be resurveyed. The City of Ukiah will provide a qualified biologist. The Contractor shall coordinate with the City of Ukiah and the biologist and schedule all surveys sufficiently in advance so as to not cause delays in the Work. The Contractor shall anticipate and incorporate such surveys into the construction schedule. Replace the 2nd paragraph of section 14-8.02 with: The Contractor’s attention is directed to the provisions of Section 14-8, “Noise and Vibration", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of the General Conditions concerning the control of noise emissions and authorized work hours and days. Do not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 p.m. to 7:00 a.m. except you may operate equipment within the project limits during these hours to: 1. Service traffic control facilities 2. Service construction equipment The Contractor shall notify all residents within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with these requirements and of the Standard Specifications. The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines. 99 TALMAGE ROAD INTERCHANGE 47 Spec. No. 17-07 Add to section 14-9.02: The Contractor shall comply with the Mendocino County Air Quality Management District Rules 1-410 and 4- 130. Add to section 14-11.08E: Dust control shall conform to the provisions of Section 14-11.08E and Section 18 of the Standard Specifications. In accordance with the recommendations contained in the certified Project EIR, all active construction areas shall be watered at least twice daily and more often during hot or windy periods. The active areas adjacent to businesses and residential areas shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained. Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved with hot mix asphalt or have a stabilized access in accordance with the Plans and referenced details. Unpaved construction staging areas shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work. The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph. Add to section 14-11.12A: Submit a lead compliance plan under section 7-1.02K(6)(j)(ii). ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 15 EXISTING FACILITIES Add to section 15-1.03B: Concrete sidewalk, curb ramp, medians, shoulder and curb and gutter designated on the Plans to be removed shall be removed by the Contractor. 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 quantities (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. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 16 TEMPORARY FACILITIES Not Used. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION III EARTHWORK AND LANDSCAPE 17 GENERAL ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Add to section 17-2.03A: This work shall consist of removing all objectionable material within the limits shown on the Plans and as directed by the Engineer. Clearing and grubbing shall be performed in advance of grading operations and in accordance with the requirements of these special provisions. Special care shall be taken by the Contractor to protect adjacent property, improvements, utilities facilities, lawns, landscape features and landscape irrigation and shrubbery from damage. Any such objects or 100 TALMAGE ROAD INTERCHANGE 48 Spec. No. 17-07 improvements so damaged shall be replaced or restored in kind by the Contractor, at his own expense, to the satisfaction of the Engineer. All existing street designation and traffic control signs and posts within the limits of work shall be carefully removed, cleaned of excess earth and debris, and delivered to the State, except those that are required for traffic control as determined by the Engineer or as shown on the Plans to be relocated. The area to be cleared and grubbed shall be the area shown on the Plans, unless otherwise specified. All stumps, large roots, and other objectionable materials shall be removed to a depth of 3 feet below finished grade in the area between curbs, and to a depth of 12 inches below finished grade in the area between curb and public utility easement line. The resulting spaces shall be backfilled with suitable fill material placed and compacted in accordance with the applicable provisions of Section 19-6.03 of the Standard Specifications. Add to section 17-2.03B: The locations of trees planned for removal are shown on the Plans. The Engineer shall be contacted a minimum of 48-hours prior to any tree removal to perform an on-site inspection and clearance. Trees shall be removed in a manner satisfactory to the Engineer. Tree roots that are identified on the Plans to be removed that are in conflict with new facilities shall be removed in their entirety or to provide the minimum clearances to new facilities as indicated below, regardless of root diameter. No separate compensation will be paid for removing roots identified on the Plans. Where tree roots that are not identified on the Plans to be removed interfere with the construction or reconstruction of curb, gutter, sidewalk, pavement, utilities, other facilities, the Contractor shall excavate and expose the roots for inspection by the Engineer. Upon approval from the Engineer, the Contractor shall remove tree roots which are four (4) inches or less in diameter to provide a minimum clearance of six inches to any new facility. No separate compensation will be paid for removing roots not identified on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 18 DUST PALLIATIVE Add to section 18-1.01A: The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 18, “Dust Palliative,” of the Standard Specifications except as modified by these special provisions. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 19 EARTHWORK Add to section 19-1.03B: Unsuitable material shall be removed and replaced in accordance with the provisions of Section 19-1.03 of the Standard Specifications and these special provisions. Material below the natural ground surface in embankment areas, and basement material below the grading plane in excavation areas that is determined by the Engineer to be unsuitable for the planned use shall be excavated and disposed of as directed or approved by the Engineer. When unsuitable material is removed and disposed of, the resulting space shall be filled with material suitable for the planned use. Such suitable material shall be placed and compacted in layers as hereinafter specified for constructing embankments. 101 TALMAGE ROAD INTERCHANGE 49 Spec. No. 17-07 Removal of existing bituminous pavement and base materials will be paid for as “remove asphalt concrete pavement and base” for the quantities involved and no additional allowance will be made therefor. Existing utilities exposed during subgrade excavation shall be immediately brought to the attention of the Engineer. Excess materials from the excavation shall become the property of the Contractor and shall be disposed of by the Contractor at the Contractor’s expense. In the event that the subgrade material is unstable and cannot be made stable by drying the top six inches as determined by the Engineer then the Contractor shall excavate an additional six inches, install subgrade enhancement fabric and install 6 inches of Class 2 aggregate base. Subgrade enhancement geotextile shall be installed in accordance with the provisions of Section 19-8 of the Standard Specifications. Prior to the placement of subgrade enhancement geotextile, the Contractor shall remove all loose dirt as left from excavation activities, scarify the subgrade a minimum depth of 6 inches, and compact to 95% relative compaction. Subgrade enhancement geotextile shall be Class B1 per Section 96-1.02O of the Standard Specifications. Add to section 19-2.01A: Roadway excavation shall include all excavation, grading, ditch and swale excavation, embankment excavation and fill, subgrade preparation, disposal of excess material, and all other work as specified herein. Add to section 19-2.03A: The exposed subgrade surface shall be reviewed by the Geotechnical Engineer to confirm it is ready to receive improvements. Following Geotechnical Engineer review, the existing subgrade material below the new aggregate base shall be scarified to a depth of 6 inches, moisture conditioned to within 2 percent of optimum moisture content, and compacted to a minimum of 95 percent relative compaction. Add to section 19-3.03B: The exposed retaining wall subgrade surface shall be reviewed by the Geotechnical Engineer to confirm it is ready to receive improvements. Following Geotechnical Engineer review, the subgrade shall be scarified to a depth of 6 inches, moisture conditioned to within 2 percent of optimum moisture content and compacted to a minimum of 95 percent relative compaction. Add to section 19-7.02C: Imported borrow shall have a minimum Resistance Value (R-Value) of 20, rock particles no larger than 3 inches, and with 10-40 percent passing a No. 200 sieve. Add to section 19-9.01 This work shall consist of constructing shoulder backing adjacent to the edge of new surfacing in conformance with the details shown on the plans and these special provisions. Add to section 19-9.02 Material for shoulder backing shall be any material specified in Section 19-9.02 of the Standard Specifications, or a combination of any of these materials, conforming to the requirements of Section 19-9.02 of the Standard Specifications. 102 TALMAGE ROAD INTERCHANGE 50 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 20 LANDSCAPE Add to section 20-10.02C(4): An existing irrigation system is present within the project area. Remove all irrigation facilities when encountered during the course of the Work and in excavations. Remove and dispose of irrigation controller, backflow preventer, water meter, enclosure, foundation and related irrigation facilities. Plug abandoned irrigation pipes with concrete at the exposed limits of excavations prior to backfilling, ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 21 EROSION CONTROL Add to section 21-2.01A: Permanent erosion control work shall consist of applying seed, jute mesh and fiber rolls as specified in this section on all ground areas where the existing vegetation has been disturbed during the performance of the work and other areas designated by the Engineer that have been cleared of vegetation by reason of the work. Permanent erosion control shall be applied as the last item of work and it shall be applied prior to October 15. If any areas designated by the Engineer to receive permanent erosion control materials are not ready or completed prior to October 15, then temporary erosion control measures as specified in Section 13 of the Standard Specifications and these special provisions shall be implement to those areas. Add to section 21-2.02A: All materials shall conform to Section 21-2.02, “Materials,” of the Standard Specifications. Add to section 21-2.02F: Seed shall be delivered to the project site in unopened separate containers with the seed tag attached. Containers without a seed tag attached will not be accepted. Seed shall conform to the following seed mix: Botanical Name Percent Pounds Pure Live Germination Seed Per Acre(Slope (Common Name) Measurement) (Minimum) 80 Elymus glaucus 12 (Blue Wildrye) Hordeum 80 brachyanthyrum 12 (Meadow Barley) Leymus triticoides 80 12 (Creeping Wildrye) Vulpia 80 10 microstachys Add to section 21-2.02G: Fertilizer shall have a guaranteed chemical analysis of 10 percent nitrogen, 10 percent phosphoric acid and 10 percent water soluble potash. Seed shall be applied at a rate of 80 punds per acre (0.26 ounces per square yard) evenly over bare soils. After spreading seed, the area shall be hand raked to mix the seed into the topsil. Add to section 21-2.02J: Stabilizing emulsion shall be “EarthGuard” by TerraNova, Inc or approved equal. Mixing and application shall 103 TALMAGE ROAD INTERCHANGE 51 Spec. No. 17-07 be per manufacturers recommendations. Add to section 21-2.02R: Fasteners shall be wood stakes. Add to section 21-2.03A: Remove sediment deposits from inside of existing storm drains and culverts as shown on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 22 FINISHING ROADWAY Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION IV SUBBASES AND BASES 23 GENERAL Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 24 STABILIZED SOILS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 25 AGGREGATE SUBBASES Add to section 25-1.02A: Aggregate subbase shall be Class 2. Aggregate subbase shall be placed, moisture conditioned, graded, and compacted to the grades or limits shown on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 26 AGGREGATE BASES Add to section 26-1.02A: Aggregate base shall be Class 2 3/4" inch maximum. Aggregate base shall be placed, moisture conditioned, graded, and compacted to the grades or limits shown on the Plans. Add to section 26-1.02B: Construction of the new aggregate base shall conform to Section 26 of the Standard Specifications. Grading shall comply with the requirements of Section 19 of the Standard Specifications and these special provisions. During any grading operations, the Contractor is directed to Section 7, “Legal Relations and Responsibility to the Public”. The Contractor shall protect any items, facilities, or improvements, as necessary, in order to avoid causing damage. The existing subgrade material below the new aggregate base shall be prepared as described in Section 19 of these special provisions. 104 TALMAGE ROAD INTERCHANGE 52 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 27 CEMENT TREATED BASES Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 28 CONCRETE BASES Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 29 TREATED PERMEABLE BASES Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 30 RECLAIMED PAVEMENT Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 31–35 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION V SURFACINGS AND PAVEMENTS 36 GENERAL Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 37 SEAL COATS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 38 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 39 ASPHALT CONCRETE Replace section 39-2.01B(3) with: Asphalt binder used in HMA Type A must be Grade PG 64-16. Replace section 39-2.01B(10) with: Tack Coat shall be Grade PG 64-16, conforming to the provisions of Sections 39 and 92 of the Standard Specifications and shall be used between layers of each lift of HMA, and on curbs, gutters and construction joints. nd Replace the 2 paragraph in section 39-2.02A(1) with: Produce and place HMA Type A. 105 TALMAGE ROAD INTERCHANGE 53 Spec. No. 17-07 Add to section 39-2.02B(4): Aggregate used in HMA Type A must comply with the 3/4-inch HMA Types A gradation for initial course. Aggregate used in HMA Type A must comply with the 1/2-inch HMA Types A gradation for final course. Add to section 39-2.01B(11): HMA shall be 1/2-inch Type A. The minimum asphalt binder content must be 6.0 percent for 1/2-inch aggregate. Asphalt binder shall be PG 64-16. Add to section 39-2.02C: During the entire construction period, the Contractor shall take care to protect existing pavement and concrete surfaces. Surfaces scarred by cleanup or equipment shall be repaired in a manner satisfactory to the Engineer. Any and all damage caused by the Contractor's operations to existing roads and streets shall be repaired by the Contractor to at least the original condition and to the satisfaction of the Engineer, at no additional cost to the City. If pavement is damaged (excessive loading, grouser marking, scarring/scraping of pavement, etc.) outside the limits of the work, a full lane width grinding and overlay will be required as directed by the Engineer at no additional compensation to the Contractor. Ensure the area is clean and dry. All material accumulations which would interfere with the adhesion of the tack coat or with the placing and performance of the HMA shall be removed, including dust, loose aggregate, soil, leaves, and pieces or lumps of other foreign material deposited on the surface. A tack coat shall be applied to existing pavement including planed surfaces, between HMA layers, and to vertical surfaces of curbs, gutters and construction joints at the minimum residual rates specified in Section 39-2.01C(3)(f) “Tack Coat” of the Standard Specifications. Before placing HMA, a tack coat shall be furnished and applied uniformly to contact surfaces of all cold pavement joints, curbs, gutters, pavement reinforcing fabric and all existing pavement to be surfaced in conformance with Section 39 of the Standard Specifications. Tack coat shall be applied to any course in advance of spreading the next course unless the surface temperature is at least 140 °F. Hot mix asphalt shall not be placed until tack coat has cured. Immediately in advance of placing HMA, apply additional tack coat to damaged areas or where loose or extraneous material is removed. Close areas receiving tack coat to traffic. Do not track tack coat onto pavement surfaces beyond the job site. Placing HMA shall be done under suitable weather conditions for such operations. Rain, snow or other inclement weather will be cause for discontinuing paving Work. The Engineer shall have the authority for determining whether weather conditions are sufficient cause to postpone work. Spreading and compacting shall be performed in accordance with Section 39-2.01C and Section 39-2.02C of the Standard Specifications. HMA shall be transferred from the trucks into the hopper of the paving machine by means of a shoulder machine equipped with a conveyor belt. Any equipment used to transfer asphalt concrete to the paving machine shall not exceed the load capacity of any surface it is driven over and, therefore, shall not produce 106 TALMAGE ROAD INTERCHANGE 54 Spec. No. 17-07 rutting or pumping of the existing roadway surface or newly placed HMA at any time. No trucks or other rubber tired construction equipment are allowed on the subgrade at any time except when proofrolling in the presence of the Engineer. Longitudinal joints in the top layer must match specified lane edges shown on the striping Plans. Longitudinal joints in lower HMA layers shall be offset at least 0.5 feet from each side of the specified lane edges. Finish rolling shall be completed before pavement surface temperature is below 150 degrees F. Traffic shall not be allowed on HMA until mid-depth temperature is below 160 degrees F and the pavement surface temperature is below 140 degrees F. The completed surfacing shall be true to grade and cross section, of uniform smoothness and texture, compacted firmly and free from depressions, humps or irregularities. Dikes shall be shaped and compacted with equipment capable of shaping and compacting the material to the required cross section. Add to section 39-3.04: 39-3.04 Cold Planing Asphalt Concrete Pavement 39-3.04A General Existing asphalt concrete pavement shall be removed by cold-plane methods at the locations and to the dimensions shown on the Plans, including conform grinding. Striping and markings located within cold-plane limits shall be removed with cold planed asphalt concrete. Conform grinding asphalt concrete pavement shall be performed by the cold planing method. Planing of the asphalt concrete pavement shall not be done by the heater planing method. Cold planing machines shall be equipped with a cutter head not less than 30 inches in width and shall be operated so as not to produce fumes or smoke. The cold planing machine shall be capable of planing the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation. The depth, width and shape of the cut shall be as indicated on the typical cross-sections, details, or as directed by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross-sections and details. The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall be performed without damage to the surfacing to remain in place. Planed widths of pavement shall be continuous except for intersections at cross-streets where the planing shall be carried around the corners and through the conform lines. Following planing operations, a drop-off of more than 0.15-foot will not be allowed at any time between adjacent lanes open to public traffic. When transverse joints are planed in the pavement at conform lines, no drop-off shall remain between the existing pavement and planed area when the pavement is opened to pubic traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, temporary asphalt concrete tapers shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapers on a slope of 30:1, or flatter, to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of all loose material from the underlying surface, before placing the permanent surfacing. Such removed material shall be disposed of outside the highway right-of-way in accordance with the provisions of Section 14-10, “Solid Waste Disposal and Recycling,” of the Standard Specifications. Operations shall be scheduled such that not more than seven (7) days shall elapse between the time when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at such 107 TALMAGE ROAD INTERCHANGE 55 Spec. No. 17-07 conform lines. The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be removed and disposed of outside the right-of-way in accordance with the provisions in Section 14-10, “Solid Waste Disposal and Recycling,” of the Standard Specifications. Removal operations of cold-planed material shall be concurrent with planing operations and follow within 50 feet of the planer, unless otherwise directed by the Engineer. A cold planer may not be used for recycling asphalt concrete pavement into aggregate base. Any concrete rings (i.e., at manholes) within the roadway shall be adjusted to cleanly accommodate new HMA pavement. Schedule cold planing activities so that not more than 3 days elapses between the time the pavement is cold planed and the HMA is placed. 39-3.04B Materials Use the same quality of HMA for temporary tapers that is used for the HMA overlay or comply with the specifications for minor HMA in section 39. 39-3.04C Construction 39-3.04C(1) General The machine used for planing shall have performed satisfactorily on similar work and shall meet the following requirements herein. The planing machine shall be specifically designed and built for the planing of bituminous pavements without the addition of heat. The machine shall be capable of being operated at speeds of zero to forty feet per minute, it shall be self- propelled, and have the capability of spraying water at the cutting drum to minimize dust. The machine shall be operated in such a way so that no fumes or smoke will be produced. The machine shall be capable of removing the paving material next to curbs or gutters and be designed such that the operator thereof can at all times observe the planing operation without leaving the controls. The machine shall be adjustable for slope and depth and shall be equipped with sonic sensing devices for controlling depth. Prior to cold planing, all utility facilities shall be lowered to below the grinding planes. Limits of cold planing are shown on the Plans. The depths and dimensions of the cold planing and edge grinds are designated on the Plans and may vary as required to achieve design finish grades. Cold planing may require removal of existing asphalt concrete above gutter lips, in addition to the required depth below the gutter lip. Pavement to be cold planed may contain pavement fabric. Prior to cold planning, on streets to have a uniform depth of the existing surface removed, all utility covers shall be lowered such that the cutting teeth of the planing machine passes over the adjusted lid without causing damage to the lid or frame. Contractor will be responsible for maintaining any temporary asphalt fill material over these facilities until the final paving surface is installed. The Contractor shall clearly mark or reference lowered sanitary sewer manholes, storm drain manholes, and water valves in case emergency access is required by the agency responsible for operation of those systems. All pavement areas designated for removal and replacement shall be cold planed to the full width of the roadway. Pavement against curb faces shall be removed to the full depth designated for that particular section of roadway. If pavement against curb faces cannot be removed by the planing machine, the Contractor shall use other means 108 TALMAGE ROAD INTERCHANGE 56 Spec. No. 17-07 to remove this material. If tear-out to the underlying layers occurs during the cold planing operation, the Contractor shall adjust his operation to minimize tear-out. Corrections shall include changing operation speed and replacing cutting teeth. Changes in cold planing depth shall only be made with approval of the Engineer. Areas torn out by lack of diligence on the Contractor’s part shall be corrected by placement of asphalt concrete conforming to the requirements of these special conditions. Areas torn out due to pre-existing adhesion problems in the existing asphalt concrete shall be corrected at the City’s expense as directed by the Engineer. Remove cold planed material concurrent with planing activities so that removal does not lag more than 50 feet behind the planer. During the cold planing operation, the Contractor shall sweep the roadway with mechanical equipment and remove all loosened material from the project site until completion of the removal work. All material removed shall be considered the property of the Contractor and shall be removed and disposed of in accordance with Section 14-10, “Solid Waste Disposal and Recycling,” and all applicable laws at the Contractor’s expense. Contractor shall dispose of all 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 quantities (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. In addition to removing the cold planned asphalt concrete, the Contractor shall remove any slurry seal or asphalt concrete which is adhered to the top of the adjacent gutter, cross gutter, or spandrel. The Contractor shall take all necessary measures to avoid the dispersion of dust. Attention is directed to section 18, “Dust Palliatives,” of the Standard Specifications and these special provisions. Add to section 39-3.05C: Asphalt and concrete removal operations shall be performed without damage to any structure or facility that is to remain in place, and the Contractor shall, at his own expense, repair any such damage to the satisfaction of the Engineer. 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 of 0.25-foot with a power driven saw before the concrete or asphalt concrete is removed. Asphalt shall be removed along clean, straight lines and may be cut by any method which will not damage existing pavement, base or subgrade to remain in place. Edges of asphalt broken down during the making of subgrade shall be recut and removed before surfacing material or new asphalt pavement is placed, and no additional compensation will be made therefor. Sections of asphalt outside the lines and limits of removal shown on the Plans or established by the Engineer that are removed, broken or damaged by the action of the Contractor, or through his negligence or operations, shall be replaced by the Contractor at his own expense to the satisfaction of the Engineer. Striping and markings located within asphalt pavement removal limits shall be removed as part of asphalt concrete removal. 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 and in accordance with Section 14-10, “Solid Waste Disposal and Recycling,” of the Standard Specifications. The Contractor shall provide receipts verifying delivery and approximate quantities (in tons) of the material delivered to a material recycler. All other excess 109 TALMAGE ROAD INTERCHANGE 57 Spec. No. 17-07 materials from the project shall become the property of the Contractor and shall be disposed of by him at his expense. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 40 CONCRETE PAVEMENT Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 41 CONCRETE PAVEMENT REPAIR Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 42 GROOVE AND GRIND CONCRETE Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 43–44 RESERVED Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION VI STRUCTURES 45 GENERAL Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 46 GROUND ANCHORS AND SOIL NAILS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 47 EARTH RETAINING SYSTEMS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 48 TEMPORARY STRUCTURES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 49 PILING Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 50 PRESTRESSING CONCRETE Note Used 110 TALMAGE ROAD INTERCHANGE 58 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 51 CONCRETE STRUCTURES Replace section 51-1.01A with: This work includes constructing signal controller cabinet and service cabinet foundations, signal and lighting standard foundations, retaining walls, headwalls, and other miscellaneous structures. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 52 REINFORCEMENT Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 53 SHOTCRETE Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 54 WATERPROOFING Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 55 STEEL STRUCTURES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 56 OVERHEAD SIGN STRUCTURES, STANDARDS, AND POLES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 57 WOOD AND PLASTIC LUMBER STRUCTURES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 58 SOUND WALLS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 59 STRUCTURAL STEEL COATINGS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 60 EXISTING STRUCTURES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION VII DRAINAGE 61 GENERAL Note Used 111 TALMAGE ROAD INTERCHANGE 59 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 62-63 RESERVED Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 64 PLASTIC PIPE Add to section 64-2.02C: Plastic storm drain pipe shall be Type S corrugated high density polyethylene (HDPE). Add to section 64-2.03A: Prior to the start of excavation the Contractor shall pothole to determine the exact horizontal and vertical location of all crossing utilities. Potholing shall consist of excavating with hand tools to whatever depth necessary in the proposed trench line for a distance of up to two feet on either side of all apparent utility crossings as indicated by the Plans and by the USA mark-outs until the exact location of all utilities is established. If a marked utility cannot be located within four feet on either side of the USA mark-out, the Contractor shall immediately contact Underground Service Alert to re-mark the utility and notify the Engineer. Add to section 64-2.03B: In traffic areas where cover is less than 3 feet, backfill shall be control density fill (CDF) or as directed by the Engineer. The Contractor should expect groundwater in all excavations and at all times, the Contractor shall have sufficient pumping machinery available for the immediate removal of all water that may accumulate in the excavation during the progress of work. Ground water disposal shall be in accordance with all laws and regulations. Ground water disposal shall be the responsibility of the Contractor. No ground water shall be pumped or otherwise discharged to the storm drain or street surface. Blasting will not be permitted. All excavation material shall be the property of the Contractor. Excavated material shall be removed as it is generated, and at no time shall the Contractor place excavated material at the work site. Prior to disposal of any material, the Contractor shall submit to the Engineer written authorization for such disposal of material and entry permission signed by the owners of the disposal site, and shall comply with all other requirements of disposal, such as City encroachment permit and Caltrans encroachment permit, as may be required. All stumps and large roots encountered during trenching operations shall be removed to the satisfaction of the Engineer. The trench shall be opened sufficiently ahead of the pipe laying operations to reveal obstructions. Trench crossings shall be provided as necessary to accommodate public travel and to provide convenient access to adjacent properties. Flow shall be maintained in any sanitary sewers, storm drains, water lines, or water courses encountered in trenching. All bracing and shoring shall conform to Section 5-1.02A and Section 7-1.01K of the Standard Specifications and the Division of Industrial Safety Construction Safety Orders that are currently in use. The Contractor shall take all necessary measures to protect the workers and adjacent areas and structures from the hazards of the trenching or excavation operations. 112 TALMAGE ROAD INTERCHANGE 60 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 65 CONCRETE PIPE Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 66 CORRUGATED METAL PIPE Add to Section 66-1.02B: CMP shall be a minimum of 0.109” thick. Add to Section 66-1.02D: CMP coupling shall be universal or as required to connect to existing CMP pipes. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 67 STRUCTURAL PLATE CULVERTS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 68 SUBSURFACE DRAINS Add to section 68-2.02F(2): Permeable material for retaining wall drains shall be Class 1 (Type A). ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 69 OVERSIDE DRAINS Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 70 MISCELLANEOUS DRAINAGE FACILITIES Note Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 71 EXISTING DRAINAGE FACILITIES Add to section 71-5.03B: The concrete around all adjusted frames, covers, grates and manholes shall be left one and one-half (1-1/2”) inches lower than the adjacent pavement. The concrete surface shall be tack coated with 0.10 gallons per square yard and paved with ½ inch Type A HMA. Immediately after placement, the surface shall be sand sealed. The surface adjusted facilities shall be true to the new pavement surface to within one-eighth inch (1/8”) deviation. This tolerance shall apply in a single direction only, either up or down. In addition, the adjusted facility shall not vary by the high tolerance on one side and the low tolerance on the other (i.e. the total aggregated tolerance on both sides shall be limited to the 1/8” inch variation). This variation shall apply to the adjacent patch paving around the facility as well such that neither the paving nor the facility vary by more than the stated tolerance. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION VIII MISCELLANEOUS CONSTRUCTION 72 SLOPE PROTECTION Add to section 72-2.02A: Salvage and reuse rock material as rock slope protection (RSP) at locations shown on the Plans. RSP shall be 113 TALMAGE ROAD INTERCHANGE 61 Spec. No. 17-07 installed at the locations and dimensions shown on the Plans and shall be a minimum of 1.0 foot thick. Install RSP fabric on subgrade prior to placing RSP. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 73 CONCRETE CURBS AND SIDEWALKS Replace section 73-1.02B with: Pedestrian curb ramp detectable warning surface shall consist of raised truncated domes constructed with pedestrian ramps in conformance with the details shown on the Plans and described in these special provisions. The detectable warning surface shall be Vitrified Polymer Composite (VPC) Cast In Place Detectable/Tactile Warning Surface Tiles, and shall be an epoxy polymer composition with an ultra violet stabilized coating employing aluminum oxide particles in the truncated domes. Detectable warning surface shall be Armor-Tile cast-in-place detectable warning surface or approved equal. Submit manufacturer’s literature describing products, specifications, installation procedures and routine maintenance. Install in strict accordance with manufacturer’s written installation procedures. The color of the detectable warning shall be yellow conforming to Federal Standard 595B, Color No. 33538. The finish surface of the detectable warning surface shall be free from blemishes. No cutting of the tiles will be allowed. Installation will be per manufacturer’s instructions or as directed by the Engineer. The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is a defect in the dome shape, color, fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon final acceptance of the project. Prior to constructing the cast-in-place detectable warning surface, the Contractor shall demonstrate the ability to produce a detectable warning surface conforming to the details shown on the Plans and these special provisions by constructing a 24" x 24" test panel. Add before the 1st paragraph in section 73-3.03: Before placing concrete, verify that forms and site constraints allow the required dimensioning and slopes shown. Immediately notify the Engineer if you encounter site conditions that will not accommodate the design details. Modifications ordered by the Engineer are change order work. Add after the last paragraph in section 73-4-02: Minor Concrete (Stamped Concrete) shall be a red/rust color and shall be a brick pattern stamped into the concrete. The size of the brick pattern shall be approximately 8 inch X 8 inch. The pattern shall be aligned to an approximate 45 degree angle to the gore approach. The pattern and color shall match the color and pattern of the gore areas at the southbound U.S. 101 on and off ramps at Gobi Street in Ukiah, California. Welded wire fabric, of a size and type appropriate for use, shall be placed in conformance to the provisions in Section 52, "Reinforcement," of the Standard Specifications. The Contractor shall prepare and submit a 20 inch X 20 inch sample of Minor Concrete (Stamped Concrete) for approval by the Engineer for color, texture and angle of placement. Minor Concrete (Stamped Concrete) shall not be placed on the project prior to approval by the Engineer. Curing compound shall be used in conformance to the provisions in Section 90-1.03B(3), "Curing Compound Method," of the Standard Specifications. 114 TALMAGE ROAD INTERCHANGE 62 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 74 PUMPING EQUIPMENT AND CONTROLS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 75 MISCELLANEOUS METAL Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 76 WELLS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 77 LOCAL INFRASTRUCTURE Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 78 INCIDENTAL CONSTRUCTION Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 79 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 80 FENCES Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION IX TRAFFIC CONTROL FACILITIES 81 MISCELLANEOUS TRAFFIC CONTROL DEVICES Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 82 SIGNS AND MARKERS Add to section 82-9.03A: In paved areas, the metal post shall be removed, the foundation removed to 4 inches below grade, and the surface repaired. In unpaved areas, metal posts and foundations shall be removed in their entirety and the hole backfilled where the post and foundation has been removed. Relocate roadside signs to locations shown on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 83 RAILINGS AND BARRIERS Add to section 83-2.08B: Submit shop drawings of tubular handrails and handrail anchoring, including details of fabrication, welds and bolting. 115 TALMAGE ROAD INTERCHANGE 63 Spec. No. 17-07 Replace section 83-4 with: 83-4.01 GENERAL 83-4.01A General Crash cushion shall be furnished and installed as shown on the plans and in conformance with the provisions in the Standard Specifications and these special provisions. 83-4.01B Materials Crash cushion shall be an ADIEM II-350 as manufactured by Trinity Industries, Inc., and shall include the items detailed for crash cushion shown on the plans. The successful bidder can obtain the crash cushion from the manufacturer, Trinity Highway Products, 950 West 400 South, Centerville, Utah 84014, telephone 1-800-772- 7976. The Contractor shall furnish the Engineer one copy of the manufacturer's plan and parts list. The Contractor shall provide the Engineer with a Certificate of Compliance from the manufacturer in conformance with the provisions in Section 6-3.05E, "Certificates of Compliance," of the Standard Specifications. The Certificate of Compliance shall certify that the crash cushion conforms to the contract plans and specifications, conforms to the prequalified design and material requirements, and was manufactured in conformance with the approved quality control program. 83-4.01C Construction Crash cushion shall be installed in conformance with the manufacturer's installation instructions for installation on 6” of compacted Class 2 Aggregate Base and connection to the existing overcrossing concrete barrier. Surplus excavated material remaining after the crash cushion has been installed shall be disposed of in a uniform manner along the adjacent roadway where designated by the Engineer. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 84 MARKINGS Add to section 84-2.01A: All pavement legends and traffic striping shall be applied in thermoplastic, unless otherwise noted. Add to section 84-2.02B: Thermoplastic material shall be TMT-Pathway “Duraline” hydrocarbon thin mil sprayable thermoplastic traffic marking material (1031TW and 1032TY meets State of California PTH392B), or approved equivalent. Placement shall be performed as directed by the manufacturer and at locations shown on the Plans. Legends and arrows shall be pre-formed, thermoplastic pavement markings and shall be Premark 20/20 Flex Plus, or approved equivalent. Placement shall be performed as directed by the manufacturer and at locations shown on the Plans. Add to section 84-2.03A: The Contractor shall physically tie down the location of the beginning and ending of each paint or thermoplastic marking type in the adjacent curb top. The marking location shall not exceed fifty square inches each. Any locations exceeding this limit shall be removed by the Contractor prior to acceptance of the work. The Contractor shall contact the Engineer for review of tie downs. The Contractor shall be responsible for accurately referencing out and replacing the lines and positions of all traffic lines, directional lines, arrows, and other markings in accordance with the Plans. This shall occur no later than two hours behind the final surface course paving operation. Cat tracking shall consist of stretching a rope on a straight line between control points on tangent alignment and on a true arc through control points on curved alignment and placing spots of paint along the rope. Temporary 116 TALMAGE ROAD INTERCHANGE 64 Spec. No. 17-07 tab markers shall be placed not more than twelve (12’) feet apart on curves nor more than twenty-four (24’) feet apart on straight segments. Temporary tab markers shall be the same color as the traffic stripe that they are replacing, shall measure two (2”) inches tall by three and one-half (3-1/2”) inches wide, and have a reflective lens across the width of the marker. Prior to application of permanent striping and markers, the Contractor shall call for review and approval of the proposed striping by the Engineer. The Engineer shall have the right to make changes in the location and alignment of line stripes. Striping and traffic markings shall not be applied until after approval is granted by the Engineer. The Contractor shall allow a minimum of three (3) working days for review of the layout by the Engineer. Permanent traffic striping and markings including legends and arrows shall be placed within twenty-one (21) days after paving or surfacing, unless otherwise directed by the Engineer. Temporary yellow marking tape denoting crosswalks shall be placed the same day that the pavement surfacing is placed. Failure to comply with these requirements shall result in a liquidated damage of $150 per day for each street that has not received permanent installation of the required raised pavement markers, traffic striping, and markings. Add to section 84-2.03B: In areas adjacent to the reconstructed surfacing where existing striping must be changed to conform to a revised striping pattern, conflicting striping shall be removed by sand blasting, grinding, or other methods as specified in the Standard Specifications or by the Engineer. Removal of existing striping and markings shall not materially damage the underlying pavement. Existing striping and markings shall be protected from damage in accordance with Section 84-1.03B of the Standard Specifications. The Contractor shall replace all striping which has been damaged or obliterated by or during the work. This shall include striping replacement completely across the street even in the event that the Contractor’s work may not extend that far. Both lines of each crosswalk shall be completely repainted even if only a portion of a line has been obliterated. When the Contractor’s work removes or reduces the visual appearance of a lane or center line, the Contractor shall replace all striping between the adjacent intersections in both directions. Where a median exists, this work will be required only in the roadway where the work has occurred, unless a detour which altered the pavement markings occurred in the other roadway. In such cases, the striping will be replaced in both directions. Add to section 84-2.03C(2)(a): No primer or thermoplastic shall be installed within forty-eight (48) hours from the last measurable rain report as provided by the Engineer. Replace the 2nd paragraph in section 84-2.03C(2)(b) with: Apply extruded thermoplastic for a traffic stripe at a rate of at least 0.34 lb/ft of 4-inch-wide solid stripe. The applied thermoplastic traffic stripe must be at least 0.100 inch thick. Replace the 2nd and 3rd paragraphs in section 84-2.03C(2)(c) with: Apply sprayable thermoplastic at a rate of at least 0.34 lb/ft of 4-inch wide solid stripe. The applied sprayable thermoplastic material must be at least 0.100 inch thick. 117 TALMAGE ROAD INTERCHANGE 65 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 85 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION X ELECTRICAL WORK 86 GENERAL Add to section 86-1.02B: The conduit in a foundation and between a foundation and the nearest pull box shall be Type 1. All primary electrical conduit shall be Type 3 for all conduit and fittings. All elbows and sweeps shall be a minimum 36” radius. Long Line Couplings shall be used. Flex adapters or PVC Flexible Couplings shall not be used. All street light conduit shall be Type 3 for all conduit and fittings. All elbows and sweeps shall be minimum 24” radius. Existing street light conduit may require splice with Type 3 conduit, with elbows and sweeps to be a minimum 24” radius. Add to section 86-1.02C: All existing pull boxes to receive new conductors and/or conduits shall be cleaned out, all existing grout removed, and the bottoms re-grouted with a drain hole or the boxes replaced to meet current State Standards. All street light pull boxes / junction boxes shall be No. 5 (17”x30”x18”) with penta head coil nuts and bolts. All street light pull box / junction box covers shall be labeled “Electric.” Add to section 86-1.02F(1)(c)(iii): Loop wire shall be Type 2. Add to section 86-1.02K with: The Contractor shall supply and install Light Emitting Diode (LED) luminaires with 120/240 volt built-in electronic driver, individual photo cell control (or as shown on the Plans), at the traffic signal location(s) and with the wattage as shown on the Plans. Luminaires shall be Cooper Part # OVFB05LEDEUT3A LED 5 BAR Head Unit, or approved equivalent. Add to section 86-1.02M: The photoelectric unit shall be installed on a traffic signal standard, the location of which is shown on the Plans. A separate contactor shall be located in the service cabinet. Photoelectric control shall be Type II. Ballasts shall be integral electronic type. Add to section 86-1.02R: All signal faces shall be twelve inches in diameter and constructed of metal. Plastic is not allowed. Each signal section housing shall be either die-cast or permanent mold-cast aluminum conforming to ANSI Standard D-10.1 and shall conform to the requirements of the Standard Specifications. Structural plastic shall not be accepted. Add section 86-1.02V Video Detection: Each video vehicle detector system (VVDS) shall consist of one or more video detection devices mounted on 118 TALMAGE ROAD INTERCHANGE 66 Spec. No. 17-07 traffic signal or luminaire mast arms as shown on the Plans; and including all wires, cables, connections, video detection processor (VDP), cabinet interface ICC modules in a standard detector rack, a pointing device, and related appurtenances for a complete and functioning system. The system shall include software that detects vehicles and bicycles in multiple lanes using only the video image. Detection zones shall be defined using only an on board video menu and a pointing device to place the zones on a video image. Up to 8 detection zones per system shall be available. A separate computer shall not be required to program the detection zones. 86-1.02V(1) Functional Capabilities. The VDP shall process video from the integrated camera. The video shall be in NTSC composite video format and shall be digitized and analyzed in real time. The VDP shall detect the presence of vehicles and bicycles in up to 8 detection zones per system. A detection zone shall be approximately the width and length of one car. Detection zones shall be programmed via an on-board menu displayed on a video monitor and a pointing device connected to the ICC. The menu shall facilitate placement of detection zones and setting of zone parameters or to view system parameters. A separate computer shall not be required for programming detection zones or to view system operation. The VDP shall store up to three different detection zone patterns. The VDP can switch to any one of the three different detection patterns within 1 second of user request via menu selection with the pointing device. Each configuration can be uniquely labeled for identification and the current configuration identifier is displayed on the monitor. The VDP shall detect vehicles and bicycles in real time as they travel across each detector zone. The ICC shall have an EIA-232 port for communications with an external computer for diagnostic and remote management applications. The VDP shall accept new detector patterns from an external computer through the EIA-232 port on the ICC when the external computer uses the correct communications protocol for downloading detector patterns. A Windows™ based software designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability shall be provided with the system. The VDP shall send its detection patterns to an external computer through the EIA-232 port on the ICC upon request when the external computer uses the appropriate communications protocol for uploading detector patterns. A shelf mount version of the ICC shall be available to avoid the need of rewiring the detector rack for high voltage input, by enabling the user to plug power into the front of the module from a standard plug arrangement. The shelf mount ICC module’s output shall be connected to the cabinet circuitry by a 9-wire cable. VDP and ICC communications shall be accommodated by methods using differential signals to reject electrically coupled noise. The VDP shall be able to transmit the composite video signal, with minimal signal degradation, up to 1000 feet under ideal conditions. The associated VDP shall default to a safe condition, such as a constant call on each active detection channel, in the event of loss of video signal. The system shall be capable of automatically detecting a low-visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. The system shall automatically revert to normal detection mode when the low-visibility condition no longer exists.Each VVDS component must be new and conform to the manufacturer’s recommendations. The date of manufacture, as shown by date codes or serial 119 TALMAGE ROAD INTERCHANGE 67 Spec. No. 17-07 numbers of electronic circuit assemblies, must not be more than 6 months from the date of the installation. 86-1.02V(2) Vehicle Detection. Eight detection zones shall be supported and each detection zone shall be user definable in size and shape to suit the site and the desired vehicle detection region. A single detection zone shall be able to replace multiple inductive loops and the detection zones shall be OR'ed as the default or may be AND'ed together to indicate vehicle presence on a single phase of traffic movement. Placement of detection zones shall be done by using only a pointing device, and a graphical interface built into the VDP and displayed on a video monitor, to draw the detection zones on the video image from the video camera. No separate computer shall be required to program the detection zones. Detection zones shall be drawn on live video from the video camera. A minimum of 3 detection zone patterns shall be saved within the VDP memory. The VDP's memory shall be non-volatile to prevent data loss during power outages. The VDP shall continue to operate (e.g. detect vehicles) using the existing zone configurations even when the operator is defining/modifying a zone pattern. The new zone configuration shall not go into effect until the configuration is saved by the operator. The selection of the detection zone pattern for current use shall be done through a local menu selection or remote computer via EIA-232 port on the ICC. When a new configuration pattern is selected it becomes active within 1 second. When a vehicle or bicycle is detected crossing a detection zone, confirmation of detection is with a distinct visual indication on the video overlay. Detection shall be at least 98% accurate in good weather conditions and at least 96% accurate under adverse weather conditions (rain, snow, or fog) with optimal installation. The VDP shall provide 2 channels of vehicle presence detection per system through a standard detector rack edge connector or cable interface from the shelf mounted version of ICC. The VDP shall provide dynamic zone reconfiguration (DZR) to enable normal detector operation of existing channels except the one where a zone is being added or modified during the setup process. The VDP shall output a constant call on any detection channel corresponding to a zone being modified. Up to six data collection zones shall available to collect counts, average speed, and occupancy by lane. The data shall be internally stored for later retrieval through the EIA-232 port on the ICC. The data collection interval shall be user definable in periods of 10 or 20 seconds or 1, 5, 15, 30 or 60 minutes. The VDP shall support bicycle type zones where the zone can differentiate between motorized vehicles and bicycles, producing a call for one but not the other. Bicycle zone types shall only output when a bicycle is detected. Larger motorized vehicles such as cars and trucks that traverse a bicycle zone shall not provide an output. The VDP shall provide the ability to assign a separate output channel for bicycle zones to allow traffic controllers to implement special bicycle timing for applications where the traffic controller has separate bicycle detection inputs. Bicycle zones shall have the ability to have extensions assigned to individual bicycle zones for applications where the traffic controller does not have bicycle specific detection inputs. Six additional count zones for bicycles, separate from the 6 data collection zones for vehicles, shall be provided to accumulate bicycle counts at user specified intervals. 120 TALMAGE ROAD INTERCHANGE 68 Spec. No. 17-07 Placement of bicycle type zones in vehicle lanes shall be allowed. Upon detection of a bicycle, the video output overlay shall indicate active detection as well as providing a unique bicycle detection identifier to visually distinguish bicycle detection versus vehicle detection. 86-1.02V(3) ICC Module. The ICC shall be specifically designed to mount in a standard NEMA TS-1, TS-2, 2070 ATC, 170 type detector rack, using the edge connector or AC power input on front to obtain power and provide contact closure outputs. Detector rack rewiring shall not be required or shall be minimized. The ICC shall operate in a temperature range from -31°F to +165°F (-34°C to +74°C) and a humidity range from 0% to 95% relative humidity, non-condensing. The ICC shall be powered by 100 to 240 volts 50 or 60Hz. This module shall automatically compensate for the different input voltages/frequencies. System power consumption shall not exceed 25 watts within the specified input voltage range. The VDP shall utilize non-volatile memory technology to enable the loading of modified or enhanced software through the EIA-232 port on the ICC without modifying the VDP hardware. The ICC shall include detector output pin out compatibility with industry standard detector racks. The front of the ICC shall include detection indications, such as LED's, for each channel of detection that display detector outputs in real time when the system is operational. The front of the ICC shall include one BNC video output providing real time video output that can be routed to other devices. A RCA type connector/jack for video output is not allowed. The front panel of the ICC shall have a detector test switch to allow the user to place calls on each channel. The test switch shall be able to place either a constant call or a momentary call depending on the position of the switch. 86-1.02V(4) Video Detection Processor Module. The camera shall be digital signal processor (DSP) based and shall use a ¼ inch EXview hole accumulation diode (HAD) CCD sensing element and shall output color video with resolution of not less than 530 TV lines. The CCD imager shall have a minimum effective area of 768(h) x 494(v) pixels. The camera shall include an electronic shutter control based upon average scene luminance and shall be equipped with an auto-iris lens that operates in tandem with the electronic shutter. The camera shall utilize automatic white balance. The camera shall include a variable focal length lens with variable focus that can be adjusted, without opening up the camera housing, to suit the site geometry by means of user control using the mouse and monitor from the controller cabinet. The horizontal field of view shall be adjustable from 7.3 to 65.0 degrees. This camera configuration may be used for the majority of detection approaches in order to minimize the setup time and spares required by the user. The lens shall be a 10x zoom lens with a focal length of 2.8 mm to 28.0 mm. The lens shall also have an auto-focus feature with a manual override to facilitate ease of setup. The camera shall incorporate the use of preset positioning that store zoom and focus positioning information. The camera shall have the capability to recall the previously stored preset upon application of power. 121 TALMAGE ROAD INTERCHANGE 69 Spec. No. 17-07 The camera shall produce a useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera shall produce a useable video image shall be the minimum range from nighttime to daytime, but not less than the range 1.0 lux to 10,000 lux. The imager luminance signal-to-noise ratio (S/N) shall be more than 50 dB. The VDP electronics shall include automatic gain control (AGC) to produce a satisfactory image at night. The VDP shall be housed in a weather-tight sealed enclosure. The enclosure shall be made of 6061 anodized aluminum. The housing shall be field rotatable to allow proper alignment between the VDP and the traveled road surface. The VDP enclosure shall be equipped with a sunshield. The sunshield shall include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sunshield shall be less than 5 inches (12.7 cm) diameter, less than 18 inches (45.7 cm) long, and shall weigh less than 5 pounds (2.3 kg). The VDP enclosure shall include a proportionally controlled heater, where the output power of the heater varies with temperature, to assure proper operation of the lens functions at low temperatures and prevent moisture condensation on the optical faceplate of the enclosure. The front of the enclosure shall be made from glass and shall have an anti-reflective coating to minimize light and image reflections. The front of the enclosure shall not be made from any thermoplastic or synthetic polymer (PVC, Acrylic, Polythene or similar). When mounted outdoors in the enclosure, the VDP shall operate satisfactorily in a temperature range from - 31oF to +165oF (-34oC to +74oC) and a humidity range from 0% RH to 100% RH. The VDP enclosure shall be equipped with a single, weather-tight connector. 86-1.02V(5) Limited Warranty. The supplier shall provide a limited three-year warranty on the video detection system. During the warranty period, technical support shall be available from the supplier via telephone within 4 hours of the time a call is made by a user, and this support shall be available from factory-certified personnel or factory- certified installers. During the warranty period, standard updates to the software shall be available from the supplier without charge. 86-1.02V(6) Maintenance and Support. The supplier shall maintain a sufficient inventory of parts to provide support and maintenance of the system. These parts shall be available for delivery within 30 days of receipt of a purchase order by the supplier at the supplier’s then current pricing and terms of sale. The supplier shall maintain an ongoing program for customer support for the system. This support shall be via telephone, email or personnel sent to the installation upon receipt of an purchase order at the suppliers then current pricing and terms of sale for technical support services. Installation and/or training support shall be provided by a factory authorized representative. All documentation shall be provided in the English language. Each VVDS component must be VersiCam manufactured by Iteris, Inc. The City of Ukiah has standardized to the Iteris VersiCam system for all new VVDS. Substitutions will not be accepted. 122 TALMAGE ROAD INTERCHANGE 70 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 87 ELECTRICAL SYSTEMS Add to section 87-1.03B: Conduit runs shown on the Plans to be located behind curbs may be installed in the street, within 3 feet of and parallel to the face of the curb, by the trenching in pavement method described in Section 86-2.05C of the Standard Specifications. All pull boxes shall be located behind the curb or at the locations shown on the Plans. After conductors have been installed, the ends of conduits terminating in pull boxes and in service and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is required to be installed under pavement and existing underground facilities require special precautions, conduit shall be placed by the "Trenching in Pavement Method." At other locations where conduit is required to be installed in the traveled way and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the "Trenching in Pavement Method" as described below: When the Trenching in Pavement Method is used, the existing asphalt concrete shall be cut with a power driven saw or ground to a depth of not less than 1/15 foot, a minimum of 6 inches beyond either side of the trench, in order to provide a neat and true edge with no shatter outside the removal area. If the trench is within 3 feet of a gutter edge, only one saw cut will be required (on the side of the trench opposite of the gutter) and the asphalt surfacing shall be replaced all the way to the gutter edge. A tack coat shall be applied to the vertical edges just prior to place the asphalt concrete used to cap the trench. Damage to pavement that is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be replaced shall be at the Contractor's expense. If the Contractor elects to use Directional Boring, the conduit shall be installed between a minimum depth of 24" and a maximum depth of 60" unless directed otherwise by the Engineer. Add to section 87-1.03E: No native material shall be used as trench backfill within paved areas. All trench spoils shall be removed from the work area by the Contractor as they are generated at the Contractor’s expense. Where conduit containing conductors of 100 volts or less is installed parallel and adjacent to the existing gutter lip, the trench shall be approximately 2 inches wider than the outside diameter of the conduit and shall not exceed 6 inches in width. Trench depth shall not exceed conduit trade-diameter plus 10 inches, except that at pull boxes the trench may be hand dug to required depth. The conduit shall be placed in the bottom of the trench with the top of the conduit a minimum of 9 inches below finish grade. When conduit containing conductors of 100 volts or less is not installed adjacent to the lip of gutter it shall be installed with a minimum of 24 inches of cover. All conduit containing conductors of more than 100 volts shall be installed with a minimum of 24 inches of cover. Where existing facilities prevent installing conduit with 24 inches of cover, the Contractor shall depress the new conduit under the existing facilities without exception. The Contractor shall pot-hole and record the depth of all existing utilities which are within the area to be trenched or excavated. 123 TALMAGE ROAD INTERCHANGE 71 Spec. No. 17-07 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 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. Add to section 87-1.03F: City of Ukiah Electrical Department will install and terminate primary conductors at all transformers, junction pedestals, and primary junction box locations. City of Ukiah Electrical Department will install and terminate all secondary street light conductors at junction box locations for each street light standard. Add to section 87-1.03L: City of Ukiah Electric Department will furnish primary junction pedestal. Contractor shall install primary junction pedestal. Add to section 87-1.03V: For Type E detector loops, sides of the slot must be vertical and the minimum radius of the slot entering and leaving the circular part of the loop must be 1-1/2 inches. Slot width must be a maximum of 5/8 inch. Loop wire for circular loops must be Type 2. Slots of circular loops must be filled with elastomeric sealant or hot-melt rubberized asphalt sealant. In lieu of the requirements in the fourth paragraph of Section 86-5.01A(4), "Installation Details," of the State Standard Specifications, slots in asphalt concrete pavement shall be filled as follows: After conductors are installed in the slots cut in the pavement, paint binder shall be applied to all vertical surfaces of slots in accordance with the provisions in Section 94, "Asphaltic Emulsions", of the State Standard Specifications. The slots shall then be filled with asphaltic concrete sealants using hot melt loop sealant. Temperature of sealant material during installation shall be above 70 degrees Fahrenheit. Air temperatures during installation shall be above 50 degrees Fahrenheit. Hot melt sealant placed in the slots shall be compacted by use of an eight (8”) inch diameter by one-eighth (1/8”) inch thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be five-eighths (5/8”) inch. Excess sealant remaining after rolling shall not be reused. Traffic may be released immediately over compacted material. The Contractor shall test all detectors with a motor-driven cycle, as defined in the California Vehicles Code, which is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator who shall drive the motor-driven cycle through the response or detection area of the detector at not less than 3 miles per hour nor more than 7 miles per hour. Detectors will be disconnected or connected by the Contractor. The Contractor shall notify the City 24 hours prior to any detector being disconnected or connected. Timing adjustments shall be made by City traffic personnel. Traffic signal loops damaged due to grinding, cold planing, digouts, paving or any other related construction shall be replaced within 2 weeks following the damage. Add section 87-1.03V(4): 87-1.03V(4) Video Detection System. The cable to be used between the VDP and the ICC in the traffic cabinet shall be three (3) twisted pairs. Various styles of cable including IMSA 39-2 are suitable for correct operation. The cable shall be a continuous unbroken run from the VDP to the ICC. This cable shall be suitable for installation in conduit or overhead with appropriate span wire. Pluggable connectors or terminal blocks should be used at both the VDP and ICC ends. The cable and installation tools shall be approved by the supplier of the video 124 TALMAGE ROAD INTERCHANGE 72 Spec. No. 17-07 detection system, and the manufacturer's instructions must be followed to ensure proper connection. The video detection system shall be installed by factory certified installers and shall be IMSA Level II Traffic Signal Technician certified. Proof of certifications shall be provided. Add to section 87-2.03A: Existing electrical equipment to remain which is damaged by the Contractor, shall be replaced by the Contractor at their expense. Contractor’s attention is directed to Section 15, “Existing Highway Facilities” and Section 86-7.01, “Removing Electrical Equipment” of the Standard Specifications. Removal shall include disconnection from lighting circuit, removal of lighting standard, base and foundation to the depth shown on the Plans. Protect lighting standard from damage during removal. Return lighting standard and luminaire to State. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 88 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION XI MATERIALS 89 AGGREGATE Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 90 CONCRETE Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 91 PAINT Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 92 ASPHALT BINDERS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 93 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 94 ASPHALTIC EMULSIONS Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 95 EPOXY Not Used 125 TALMAGE ROAD INTERCHANGE 73 Spec. No. 17-07 ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 96 GEOSYNTHETICS Add to section 96-1.02B: Filter fabric shall be Class A. Add to section 96-1.02E: Silt fence fabric shall be nonwoven. Add to section 96-1.02I: Rock slope protection fabric shall be Class 8. Add to section 96-1.02O: Subgrade enhancement geotextile shall be Class B1. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 97–98 RESERVED Not Used ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ DIVISION XII BUILDING CONSTRUCTION 99 BUILDING CONSTRUCTION Not Used 126 TALMAGE ROAD INTERCHANGE 74 Spec. No. 17-07 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. 127 TALMAGE ROAD INTERCHANGE 75 Spec. No. 17-07 BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include? o Proposal (Page 93) Unit prices filled out per instruction Extended prices calculated correctly Total bid amount calculated correctly Sign the proposal, and provide complete information CLSB No. and expiration date Department of Industrial Relations Public Works Contractor Registration Number o Iran Contracting Act Certification (Page 101) Filled out completely per instruction o Fair Employment Practices Certification (Page 102) Filled out completely per instruction o Worker’s Compensation Certificate (Page 103) Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 104) Filled out completely per instruction o List of Proposed Subcontractors (Page 105) Include California Contractor License Number for each Include DIR Public Works Contractor Registration Number for each Identify what portion of work to be performed o Statement of Experience (Page 106) o Signature of Bidder (Page 107) Filled out completely per instruction Authorized signature provided o Bidder’s Bond (Page 108) 128 TALMAGE ROAD INTERCHANGE 76 Spec. No. 17-07 Filled out completely per instruction o Non-Collusion Affidavit (Page 109) Filled out completely per instruction Notarized o Addenda Issued Signed and Returned 129 TALMAGE ROAD INTERCHANGE 77 Spec. No. 17-07 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR TALMAGE ROAD INTERCHANGE Specification No. 17-07 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: 130 TALMAGE ROAD INTERCHANGE 78 Spec. No. 17-07 BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. In any discrepancy between unit prices and extended amounts for a bid item using unit prices (specified unit price multiplied by specified quantity for bid item does not equal the extended amount for the item), the specified unit price will control and will be used by the City to compare bids in selecting the lowest bid and in awarding the contract. If the specified total bid amount does not equal the total of the extended amounts for all bid items, the City will use the total of the extended amounts for each bid item (adjusted, if necessary, so that the extended amount equals the specified unit price multiplied by the specified quantity for that bid item) to compare bids in selecting the lowest bid. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. BASE BID EXTENDED TEMDESCRIPTION AND UNIT PRICE BID MULTIPLIED QUANTITY EQUALS AMOUNT FOR NO. (in words and in figures) BY ITEM (in figures) Talmage Road Interchange for the lump sum price of LUMP SUM PRICE 1x 1 LS = ________________________________________ $_______________ ___________________________($______________) TOTAL BASE BID AMOUNT IN FIGURES Total Base Bid amount in words: $______________ ______________________________________________________________________________Dollars We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. 131 TALMAGE ROAD INTERCHANGE 79 Spec. No. 17-07 Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 132 TALMAGE ROAD INTERCHANGE 80 Spec. No. 17-07 IRAN CONTRACTING ACT CERTIFICATION (Public Contract Code Section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the Contractor is not: (i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. Signed______________________________________________________ Titled_______________________________________________________ Firm_________________________________________________________ Date_________________________________________________________ Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years. 133 TALMAGE ROAD INTERCHANGE 81 Spec. No. 17-07 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. TALMAGE ROAD INTERCHANGE ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 134 TALMAGE ROAD INTERCHANGE 82 Spec. No. 17-07 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 135 TALMAGE ROAD INTERCHANGE 83 Spec. No. 17-07 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.) 136 TALMAGE ROAD INTERCHANGE 84 Spec. No. 17-07 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR DIRDESCRIPTION BUSINESS NAME LICENSE NUMBER REGISTRATION OF WORK ADDRESS NUMBER 137 TALMAGE ROAD INTERCHANGE 85 Spec. No. 17-07 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 138 TALMAGE ROAD INTERCHANGE 86 Spec. No. 17-07 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: __________________ 139 TALMAGE ROAD INTERCHANGE 87 Spec. No. 17-07 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 12, 2017for SPEC 17-07 TALMAGE ROAD INTERCHANGE. 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: __________________________________________________________ __________________________________________________________ __________________________________________________________ 140 TALMAGE ROAD INTERCHANGE 88 Spec. No. 17-07 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 SPEC 17-07 TALMAGE ROAD INTERCHANGE 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 ____. 141 TALMAGE ROAD INTERCHANGE 89 Spec. No. 17-07 CITY OF UKIAH Mendocino County, California AGREEMENT FOR TALMAGE ROAD INTERCHANGE Specification No. 17-07 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within ONE HUNDRED (100) 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. 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 TALMAGE ROAD INTERCHANGE 90 Spec. No. 17-07 142 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. TALMAGE ROAD INTERCHANGE 91 Spec. No. 17-07 143 The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (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. TALMAGE ROAD INTERCHANGE 92 Spec. No. 17-07 144 (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 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 TALMAGE ROAD INTERCHANGE 93 Spec. No. 17-07 145 By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH TALMAGE ROAD INTERCHANGE 94 Spec. No. 17-07 146 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: _______________________________________________ TALMAGE ROAD INTERCHANGE 95 Spec. No. 17-07 147 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_______. 148 TALMAGE ROAD INTERCHANGE 96 Spec. No. 17-07 In the presence of: WITNESS: _________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 149 TALMAGE ROAD INTERCHANGE 97 Spec. No. 17-07 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 $____________________________. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 150 TALMAGE ROAD INTERCHANGE 98 Spec. No. 17-07 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) 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_______. 151 TALMAGE ROAD INTERCHANGE 99 Spec. No. 17-07 In the presence of: WITNESS: ____________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 152 TALMAGE ROAD INTERCHANGE 100 Spec. No. 17-07 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 153 TALMAGE ROAD INTERCHANGE 101 Spec. No. 17-07 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 154 TALMAGE ROAD INTERCHANGE 102 Spec. No. 17-07 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 155 156 157 158 159 1 2