HomeMy WebLinkAbout2018-04-04 Packet
2
3
PROCLAMATION
APRIL: NATIONAL DONATE LIFE MONTH
WHEREAS, more than 40 individuals in Mendocino County are currently on the
national organ transplant waiting list, and 22 patients die each day due to the shortage of donated
organs; and
WHEREAS, Donor Network West serves as the federally designated Organ Procurement
Organization in Northern/Central California and Northern Nevada and works in close partnership
with families, doctors, nurses, and coroners in hospitals to connect donors to recipients; and
WHEREAS, organ and tissue donation are life-giving acts recognized worldwide as
expressions of compassion to those in need that save thousands of lives each year; and
WHEREAS, the need for donated organs is especially urgent in Hispanic, African
American and Asian communities; and
WHEREAS, a single individual’s donation of the heart, lungs, liver, kidneys, pancreas
and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up
to 75 others; and
WHEREAS, the spirit of giving and decision to donate are not restricted by age or
medical condition; and
WHEREAS, over fourteen million Californians have signed up with the state-authorized
Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored;
and
WHEREAS, California residents can sign up with the Donate Life California Donor
Registry with applying for or renewing their driver’s licenses or I.D. cards at the California
Department of Motor Vehicles; and
WHEREAS, additional information is available to local residents by contacting Felicia
Eriksen, Volunteer Services Manager and Organ Donor Ambassador for the Ukiah Valley at
Adventist Health Ukiah Valley, 275 Hospital Drive, Ukiah, CA 95482, phone number 707-463-
7690 and at email address eriksefd@ah.org.
NOW, THEREFORE, BE IT RESOLVED that in recognition of National Donate Life
Month, the month of April 2018 is hereby proclaimed “National Donate Life Month” in the
City of Ukiah, and in doing so we encourage all Californians to check “YES!” when applying for
or renewing their driver’s license or I.D. card, or by signing up at donornetworkwest.org
th
Signed and sealed, this 4 day of April, in the year Two Thousand Eighteen.
4
_______________________________
Kevin Doble, Mayor
2
3
PROCLAMATION
APRIL 18, 2018: LINEMAN APPRECIATION DAY
WHEREAS, the City of Ukiah would like to recognize and celebrate the profession of
linemen and wishes to honor its Electrical Department personnel for their exemplary service to
the City; and
WHEREAS, their profession requires passion, dedication and ongoing training and is
steeped in personal, family and professional tradition; and
WHEREAS, linemen are often first responders during storms and other catastrophic
events working to repair damaged electrical lines and make the scene safe for other public
heroes; and
WHEREAS, linemen work with thousands of volts of electricity high atop power lines to
keep electricity flowing 24 hours a day, 365 days a year; and
WHEREAS, the U.S. House of Representatives recognizes the efforts of our nations
linemen in keeping the power on and protecting public safety and supports the designation of
National Linemen Appreciation Day.
NOW, THEREFORE, I, Kevin Doble, Mayor and my fellow Ukiah City
Councilmembers:Jim Brown, Maureen Mulheren, Stephen G. Scalmanini, and Douglas F. Crane
do hereby join other communities across the nation in proclaiming the day of April 18, 2018 as:
“LINEMAN APPRECIATION DAY”
in Ukiah and urge all citizens to recognize the selfless and dangerous work the City’s
linemen do every day to keep our power on and public safe.
th
Signed and sealed, this 4 day of April, in the year Two Thousand Eighteen.
_______________________________
Kevin Doble, Mayor
4
2
3
Budget Development Schedule(working)
Fiscal Year:2018-19
Completion
Activity Tasks Start Date Date
Discussion of Capital Improvement Plan -
Budget ad hoc committee September May
budget format and key elements
Schedule budget meetings with Departments
Department initiation
Distribute budget instructions memo
UVFD February February 28
Distribute budget workbooks
UVSD
Begin budget planning
Budget training Munis Computer Lab Set up in Conference Room 3
February 13 February 13
Central Budget for budget entry training/ refresher
Receive council/community communication
City Council budget
Discuss priorities for the fiscal year
Rescheduled
priority/goal setting
Discuss capital and special projects
for April 16-17
workshop
below
Discuss goals and objectives
Preliminary Budget
Meetings First-round budget meetings with
March 12 March 30
UVFD Departments and CM/Finance
UVSD
Review appropriation requests
City Manager review of Meet with Finance for discussion/analysis
March 12 April 6
budget requests Finance to conduct preliminary revenue
forecasts for all major funds
Reconciled Budget
Second-round budget meetings with
Meetings with City
Departments and CM/Finance Discussion of
Manager April 2 April 13
appropriation requests
UVFD
Finalize initial appropriation requests
UVSD
Receive council/community communication
Discuss priorities for the fiscal year
City Council budget
priority/goal setting Discuss capital and special projects April 16 April 17
workshop
Discuss goals and objectives
Receipt of supplemental Last opportunity for DH to make appropriation
May May 31
appropriation requests request changes prior to Council hearings
Finalize revenue estimates
Finalize Draft Budget Complete special revenue funds and
May May 31
Document trust/agency funds
Circulate for review/edits
CIP Budget 101
Budget Training w/ Council Discussion of format May 16
Review of Cost Allocation Plan
First Budget Hearing with Presentation of budget proposal
Council (special Discussion of changes from prior year June 6
meeting/workshop) Take questions and requests from Council
Discussion
Second Budget Hearing
Q&A June 13
with Council
Take requests and revisions
Public Hearing w/ Council Final Q&A
Adoption of either final or Final revisions June 27
tentative Adoption tentative or final
Final Q&A
Final Budget workshop and June 28
Final revisions
hearing, if necessary (If necessary)
Adoption/continuation of 17/18 budget
4
Finance DepartmentRev 3/1/2018
Budget Development Schedule(working)
City of Ukiah and Ukiah Valley Sanitation District
Fiscal Year:2018-19
Completion
Activity Tasks Start Date Date
City Water Resources
Numbers entered into budget system for
Department prepares March 1, 2018 March 30
operations and capital requests
preliminary budget request
Receive presentation from City on accounting
practices and review of third quarter 2017-18
results
Accounting Overview and
Receive council and board/community
Budget Process Kick-Off
April 11
communication
Discuss priorities for the fiscal year
Joint meeting City/UVSD
Discuss capital and special projects
Discuss goals and objectives Discussion of
Capital Improvement Plan
Analysis of revenue estimates for City and
Preliminary analysis of
UVSD accounts
budget, City Finance April 1, 2018 April 22
Preliminary estimates of admin/overhead and
Department
internal service costs
Representative from both agencies meet with
staff to review details of proposed budget
First meeting, budget ad
and recommend changes, if necessary April 23
hocs
Review of document and budget worksheets
format
Last opportunity for agencies to make
Receipt of supplemental appropriation request changes prior to
May 4
appropriation requests second ad hoc meeting
Finalize revenue estimates
Staff analysis and
incorporation of budget Budget entry and analysis April 24, 2018 May 6
requests from ad hocs
Representative from both agencies meet with
staff to review details of proposed budget
Second meeting, budget and make final recommend changes for
May 7
ad hocs proposed budget to both agencies
Ad hocs recommendation to respective
governing bodies on budget estimates
Comment period
Finalize Draft Budget
Circulate wastewater section of City budget May 16 May 31
Document
document for review/edits by both agencies
Presentation of budget proposal by City
First Budget Hearing with
Budget Team
City Council (special June 6
Discussion of changes from prior year
meeting/workshop)
Take questions and requests from Council
Presentation of budget proposal by City
First Budget Hearing with
Budget Team and UVSD staff
UVSD Board adoption by June 13
Discussion of changes from prior year
Board, if possible
Take questions and requests from Board
Public Hearing w/ Council
Adoption of either final or
tentative Q&A
Final revisions June 20
Joint meeting with UVSD Adoption tentative or final
Board if budget not
adopted by Board on 6/13
5
City of Ukiah/Ukiah Valley Sanitation DistrictRev 3/28/2018
2
3
4
5
6
7
8
9
:
21
22
2
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
March 21, 2018
6:00 p.m.
1.ROLL CALL
2.PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Regular Meeting on March 21, 2018, having been legally noticed on
March 16, 2018. Mayor Doble called the meeting to order at 6:04 p.m. Roll was taken with the
followingCouncilmembers Present: Jim O. Brown, Stephen G. Scalmanini, Douglas F. Crane,
Maureen Mulheren, and Kevin Doble. Staff Present: Sage Sangiacomo, City Manager; David
Rapport, City Attorney; and Ashley Cocco, Deputy City Clerk.
MAYOR DOBLE PRESIDING.
The Pledge of Allegiance was led by City Manager Sangiacomo.
3.PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a.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.Approval of the March 7, 2018, Regular Meeting Minutes
Motion/Second: Brown/Scalmanini to approve Minutes of March 7, 2018, a regular meeting, as
submitted. Motion carried by the following roll call votes: AYES: Brown, Scalmanini, Crane,
Mulheren, and Doble. NOES: None. ABSENT: None. ABSTAIN: None.
6.RIGHT TO APPEAL DECISION
7.CONSENT CALENDAR
a.Report of Disbursements for the Month of February 2018 - Finance
b.Consideration and Possible Adoption of Resolution (2018-09) in Support of Senate Bill No. 3 – the
Veterans and Affordable Housing Bond, Slated for the November 2018 Statewide Election
–
Administration
c.Council to Consider Approval of a Notice of Completion for Landscape Improvements for the Grace
Hudson Museum, Specification No. 15-17 – Community Services
d.Approval of a Change Order to Granite Construction, Inc. in the Amount of $178,965.13 for
Additional Work Requested by the City and Related to the North State Street Intersection - Low
3
Page1 of 4
City Council Minutes for March 21, 2018, Continued:
Gap Road/Brush Street Storm Drain & Signalization Improvements Project, Specification No. 18-
01, and Approval of Corresponding Budget Amendment – Public Works
e. Authorize the City Manager to Negotiate and Execute Easement (COU Nos. 1718-193, -194, -195,
-196, -197, -198, -199, -200) with Property Owners for the Construction of the Recycled Water
System – Water Resources
Motion/Second: Crane/Scalmanini to approve Consent Calendar Items 7a-7e, as submitted. Motion
carried by the following roll call votes: AYES: Brown, Scalmanini, Crane, Mulheren, and Doble.
NOES: None. ABSENT: None. ABSTAIN: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Presenter: Edward Haynes – homelessness
9. COUNCIL REPORTS
Presenter: Councilmember Scalmanini
10. CITY MANAGER/CITY CLERK REPORTS
Presenter:Sage Sangiacomo, City Manager
11. PUBLIC HEARINGS (6:15 PM)
12. UNFINISHED BUSINESS
a. Review of Draft Performance Agreement for Fiscal Year 2018-19 Between the City of Ukiah
and Economic Development and Financing Corporation, Provide Direction to Staff, and if
Desired Authorize the City Manager to Negotiate and Execute the Agreement
Presenters:Shannon Riley, Deputy City Manager and Heather Gurewitz, EDFC Executive Director
Motion/Second: Scalmanini/Brown to authorize the City Manager to negotiate and execute the
Economic Development and Financing Corporation Performance Agreement (COU No.
1718-147) for Fiscal Year 2018-19. Motion carried by the following roll call votes: AYES: Brown,
Scalmanini, Crane, Mulheren, and Doble. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS 6:30 P.M. – 6:37 P.M.
b. Discussion and Possible Introduction by Title Only of an Ordinance Adding Various
Sections to the Ukiah City Code to Regulate Shopping Cart Containment and Retrieval
Presenters:Sage Sangiacomo, City Manager;Darcy Vaughn, Assistant City Attorney; and Shannon
Riley, Deputy City Manager
Public Comment: Mark Wedegaertner,David Eyster, Jamie Hageman, and John McCowen
Motion/Second: Mulheren/Brown to introduce the ordinance, as amended, by title only. Motion
carried by the following roll call votes: AYES: Brown, Scalmanini, Crane, Mulheren, and Doble.
NOES: None. ABSENT: None. ABSTAIN: None.
Deputy City Clerk, Ashley Cocco read the title into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 8 TO
CHAPTER 2, DIVISION 2 AND ARTICLE 11 TO CHAPTER 1, DIVISION 7 OF THE UKIAH CITY
CODE TO REGULATE SHOPPING CART CONTAINMENT AND RETRIEVAL
4
Page2 of 4
City Council Minutes for March 21, 2018, Continued:
13. NEW BUSINESS
a. Receive Presentation and Provide Direction to Staff Regarding the Award of Funding
through the City of Ukiah Housing Trust Fund
Presenter:Craig Schlatter, Community Development Director
Public Comment: Mike Pallesen and Ryan Larue
Motion/Second: Crane/Brown to:
1. Direct staff to negotiate agreement for award of $500,000 in UHTF Low and Moderate Income
Housing Asset Funding (LMIHAF) to DANCO; and
2. Direct staff to negotiate agreement for award of $500,000 in UHTF LMIHAF to RCHDC; and
3. Support the submittal of a City HOME application to the CA Dept of Housing and Community
Development (HCD) in the amount of up to at least $4.5 million for AMG & Associates.
Motioncarried by the following roll call votes: AYES: Brown, Scalmanini, Crane, Mulheren, and
Doble. NOES: None. ABSENT: None. ABSTAIN: None.
RECESS 7:45 P.M. – 7:49 P.M.
b. Presentation of OpenGov Performance Measures and Stories; Authorize the City Manager
to Negotiate and Execute an Amended Agreement with OpenGov and Approve the
Corresponding Budget Amendment
Presenter:Daphine Harris, Finance Management Analyst
Motion/Second: Scalmanini/Brown to authorize the City Manager to negotiate and execute an
amended agreement with OpenGov (COU No. 1718-201) and approve the corresponding budget
amendment. Motion carried by the following roll call votes: AYES: Brown, Scalmanini, Crane,
Mulheren, and Doble. NOES: None. ABSENT: None. ABSTAIN: None.
NOTE: The Procurement Manager has clarified that the agreement is replacing, not amending, the
previous agreement.
c. Approval of Plans and Specifications for the 2018 Street Rehabilitation Project and
Authorize Staff to Issue Bids for Specification No. 18-01
Presenter:Tim Eriksen, Public Works Director / City Engineer
Motion/Second: Crane/Brown to approve Plans and Specifications for the 2018 Street
Rehabilitation. Motioncarried by the following roll call votes: AYES: Brown, Scalmanini, Crane,
Mulheren, and Doble. NOES: None. ABSENT: None. ABSTAIN: None.
d. Approval of the Agreement for the Acquisition of Approximately 45.1 Acres of Property
Located at 250 and 341 Norgard Lane (APN #184-080-01, 10 (partial), 11, 27 (partial), 28;
184-120-04; 184-090-01,07; 184-100-04) for the Water Resources Department in an Amount
Not to Exceed $1,450,000 Plus Closing Costs; Approval of Funding in the Amount Not to
Exceed $75,000 for Environmental, Appraisal, Alta Survey, Boundary Line Adjustment(s)
and Other Related Studies Assessing the Property and in Support of the Acquisition; and
Approval of Corresponding Budget Amendment in the Amount of $1,550,000
Presenters:Sean White, Water Resources Director andJarod Thiele, Public Works Management
Analyst
Councilmember Crane recused himself due to conflict of interest.
5
Page3 of 4
City Council Minutes for March 21, 2018, Continued:
Motion/Second: Scalmanini/Brown to:
1. Approve the agreement (COU No. 1718-202)for the acquisition of approximately 45.1 acres
of property located at 250 and 341 Norgard Lane (APN #184-080-01, 10 (partial), 11, 27
(partial), 28; 180-120-04 as amended;184-090-01,07; 184-100-04) for the Water Resources
Department in an amount not to exceed $1,450,000 plus closing costs; and
2. Approve funding in the amount not to exceed $75,000 for Environmental, Appraisal, Alta
Survey, Boundary Line Adjustment(s) and other related studies assessing the property and
in support of the acquisition; and
3. Approve corresponding budget amendment in the amount of $1,550,000; and
4. Authorize for the City Manager to negotiate and execute any addendums and/or other
agreements necessary to perfect the contingencies, removal, and the close of this item.
Motioncarried by the following roll call votes: AYES: Brown, Scalmanini, Mulheren, and Doble.
NOES: None. ABSENT: None. ABSTAIN: Crane.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:27 P.M.
14. CLOSED SESSION
a. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
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: 341 Norgard Lane, Ukiah, CA 95482 (APN’s 184-080-01, 10, 11, 27, 28; 184-120-04;
184-090-01, 07; 184-100-04)
Negotiators: Sage Sangiacomo, City Manager; Sean White, Water Resources Director;
Negotiating Parties: City of Ukiah and Tim Norgard;
Under Negotiation: Price & Terms of Payment
No report out of Closed Session.
15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:53 p.m.
________________________________
Ashley Cocco, Deputy City Clerk
6
Page4 of 4
2
3
4
5
6
7
2
3
4
5
6
7
8
9
:
21
22
23
24
2
3
4
5
6
7
8
2
3
4
5
Buubdinfou2
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING
ARTICLE 8 TO CHAPTER 2, DIVISION 2 AND ARTICLE 11 TO CHAPTER 1,
DIVISION 7 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART
CONTAINMENT AND RETRIEVAL.
The City Council of the City of Ukiah ordains as follows:
SECTION ONE. FINDINGS AND DECLARATION OF INTENT:
The City Council of the City of Ukiah hereby finds and declares as follows:
1. Abandoned shopping carts constitute a nuisance, create potential hazards to
the health and safety of the public, and interfere with pedestrian and vehicular traffic
within the City.
2. The accumulation of wrecked, dismantled and abandoned shopping carts on
public and private property also tends to create conditions that reduce property values,
promoting blight and deterioration in the City.
3. The intent of this Ordinance is to ensure that measures are taken by
businesses that own and use shopping carts to prevent the removal of shopping carts
from store premises.
4. This Ordinance is based in part on California Business and Professions Code
section 22435 and following.
SECTION TWO.
to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows.
ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL
Sections:
2380 Applicability.
2381 Definitions.
2382 Prohibitions.
2383 Shopping cart identification signs.
2384 Shopping cart plan.
2385 Enforcement.
§2380 Applicability.
This Article applies to:
6
Њ
A. Each business owner in the City that provides shopping carts for customer use on
the business premises; and
B. Any person who removes or who is in possession of or who has abandoned an off-
site shopping cart.
§2381 Definitions.
Administrator means the Director of Planning and Community Development or his or her
designee.
Business owner or owner means one or more persons or any legal entity, such as, but
not limited to, a corporation, limited liability company, partnership or association that
owns a business that provides shopping carts for customer use on the premises.
Off-site shopping cart means a shopping cart that has been removed from the premises
where it belongs in violation of the requirements of this Article.
Premises means the entire area owned or under the control of a business owner,
including the parking area and for businesses in a shopping center or other
development where common areas serve more than one business, the common area
shared by the business with other businesses in the development.
Shopping cart or cart means a basket or a similar device which is mounted on wheels
and is generally owned and used as part of a retail establishment and used by a
customer for transporting goods.
Shopping cart plan means a document submitted to the City by the business owner,
under Ukiah City Code Section 2384.C.
§2382 Prohibitions.
A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this
Article for a business owner to:
1. Fail to affix an identifying sign to each shopping cart;
2. Fail to submit a shopping cart plan or request for exemption in conformance
with Ukiah City Code Section 2384.B;
3. Fail to comply with an approved shopping cart plan; or
4. Allow or authorize a shopping cart to be removed from the premises, except to
allow for shopping carts to be serviced or repaired by a qualified and licensed company
off-site.
7
Ћ
B. Other Prohibitions. It is unlawful and a violation of this Article for a person to:
1. Remove a shopping cart from the premises where it belongs; or
2. Possess an off-site shopping cart; or
3. Abandon an off-site shopping cart; or
4. Alter, convert, or tamper with a shopping cart, or remove any part or portion
thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping
cart.
§2383 Shopping cart identification signs.
The business owner shall have a sign permanently affixed to each cart in a prominent
location.
The sign shall include all of the following information:
A. The identity of the owner of the cart or the business, or both;
B. The valid address or phone number of the business for returning the cart to the
owner or business;
C. Notice to the public that the unauthorized removal of the cart from the premises or
the unauthorized possession of the cart is a violation of state law and of the Ukiah City
Code; and
D. Notice to the public that there shall be no authorized removal of the cart from the
premises.
§2384 Shopping cart plan.
A. General requirement. Each owner of a business shall submit to the Administrator,
obtain approval from the Administrator, and effectively implement a shopping cart plan
in accordance with this Article.
B. Exemptions. A business owner is exempt from this Article, for two years at a time, if
the owner submits an exemption request and meets all of the following requirements:
1. The business has effective restraints that prohibit any carts from exiting the
premises or from operating off the premises. Examples of such effective restraints
include but are not limited to: poles attached to carts to keep them from passing a
certain point; electronic wheel locks on all carts which prevent wheels from rolling past
the perimeter of the premises; physical constraints such as bollards; and continuous
use of courtesy clerks to accompany customers and return the carts to the store.
8
Ќ
2. The business secures all shopping carts during the hours the business is
closed by storing carts inside or locking them outside.
C. Contents of the shopping cart plan. The shopping cart plan shall include all of the
following elements:
1. Name, address and telephone number of the business, the business owner
and the name and telephone number of the on-site manager.
2. The number of on-site shopping carts, and a description of how the business
owner intends to comply with the requirements for sign identification on carts.
3. Public notices. A description of a customer education process by which the
business owner will inform customers that the removal or off-site possession or
abandonment of carts is a violation of state law and this Article. This information may
include business signs posted in prominent places, flyers, warnings on shopping bags,
direct mail, in-store announcements, or other means demonstrated to be effective.
Public notice to customers shall include signage permanently affixed to each shopping
cart that that identifies the owner of the cart or the retailer, or both, as set forth in
Business & Professions Code Section 22435.1 and Section 2383 of this Code.
4. Employee training. A description of an annual (or more frequent) employee
training program to educate existing and new employees about the shopping cart plan.
5. Loss prevention. A description of the measures that the business owner will
implement to prevent the removal of shopping carts from the premises. These
measures may include any of those listed in subsection B of this section or use of
security personnel to prevent removal, security deposit for use of a cart, or other
measures demonstrated to be effective.
6. Cart retrieval. A plan for mandatory retrieval of off-site shopping carts on at
least a weekly basis, and within three business days of notice from the City under Ukiah
City Code Section 2385.A. The Administrator may require retrieval on a more frequent
time schedule based on the number of off-site carts from the business requiring
retrieval. Cart retrieval may be done by the business owner, business employees or
agents, or a cart retrieval service contracted for by the business owner or by a
combination of owners. A business owner is not required to retrieve an off-site cart in
7. Implementation: The plan shall describe the measures the owner intends to
take to prevent the removal of shopping carts from the premises, to retrieve off-site
shopping carts on at least a weekly basis, and to modify these measures should they
result in circumstances that would justify revocation of the plan as set forth in
Subsection G of this Section.
9
Ѝ
D. Administrator review. Within 30 days after a shopping cart plan is submitted, the
Administrator shall render a decision to approve or deny the plan, or to request
additional information. If a plan is rejected as incomplete or inadequate, or if additional
information is needed, the Administrator shall notify the owner in writing. The owner has
30 days from the date such notification is given to submit the additional information or a
complete or adequate plan, as the case may be.
The Administrator may deny a plan on any of the following grounds:
1. The plan fails to include the information required under this Article or fails to
adequately address the required elements.
2. The plan fails to meet the standards contained in Subdivision C.5 to prevent
removal of carts.
3. Implementation of the plan violates this Article, or a local, state or federal law.
4. The owner knowingly makes a false statement in or omits material facts from
the plan, or any amendment.
E. Plan modification. The owner may submit a plan modification of any previously
approved shopping cart plan to address changed circumstances or to modify ineffective
provisions. The Administrator shall review and consider the modification in the same
manner set forth in Subsection D of this Section.
F. Biennial renewal. Every two years a business owner may renew an exemption or a
previously approved shopping cart plan, without modification, if no more than six of the
-site within the previous three months. The
owner shall submit a written application for renewal by July 1st, together with the
found off-site within the previous three months.
G. Denial or revocation. The Administrator may revoke a plan approved under
Subsection D of this Section, deny a renewal under Subsection F of this Section, or
revoke an exemption granted under Subsection B of this Section if:
1. A shopping cart has been found on public property on seven or more
occasions within the prior three-month period;
2. The owner has failed to comply with a provision of this Article;
3. The owner has knowingly made a false statement or failed to disclose material
information in an application, an amendment or a report required or provided under this
Article.
:
Ў
§2385 Enforcement.
A. Retrieval. Whenever the Administrator notifies a business owner of an off-site cart,
either verbally or in writing, the owner shall retrieve the cart within three business days.
B. Violations.
The following will be subject to any enforcement procedures permitted by law, as set
forth in Subsection C of this Section:
1.
shopping cart plan;
2. A person who removes or possesses or abandons a shopping cart off-site;
3. A person who alters, converts, or tampers with a shopping cart; or
4. An owner of real property who allows off-site carts to remain on his, her or its
real property.
C. The enforcement procedures permitted by law for violations of this Articleinclude:
1. Revocation of an exemption under Ukiah City Code Section 2384.B.
2. The requirement for a stricter shopping cart plan.
3. Prosecution as a misdemeanor under the authority of California Business and
Professions Code sections 22435.2, 22435.3 or 22435.13 or Section 6098 of this Code.
4. Imposition of a fine not exceeding (1) one hundred dollars ($100.00) for a first
violation, (2) two hundred dollars ($200.00) for a second violation within the same year,
and (3) five hundred dollars ($500.00) for each additional violation within the same year.
5. Procedures for abatement of a nuisance under Ukiah City Code Sections
3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424,
and any other applicable administrative procedures contained in the Ukiah City Code.
6. Civil action for enforcement, including to abate a public nuisance by injunction,
the City Council declaring that a violation of this Article constitutes a public nuisance.
7. Proceedings for revocation of a use or site development permit, if applicable.
These enforcement procedures and penalties are cumulative with each other and any
other remedy available at law or in equity, and are not mutually exclusive. Any one or
more of them may apply and be used or charged in response to a single violation of this
Article.
21
Џ
SECTION THREE.
7 of the Ukiah City Code and shall read as follows.
ARTICLE 11. SHOPPING CARTS
Sections:
6096 Unauthorized removal, alteration, or possession of a shopping cart.
6097 Definitions.
6098 Penalty for Violation.
§6096 Unauthorized removal, alteration, or possession of a shopping cart.
It is unlawful and a public nuisance for any person to:
A. Remove a shopping cart from the business premises where it belongs; or
B. Possess or abandon an off-site shopping cart; or
C. Alter, convert, or tamper with a shopping cart, remove any part or portion thereof or
remove, obliterate or alter an identifying sign or serial numbers on a cart.
§6097 Definitions.
All terms in this Article shall have the meaning stated in Section 2381 of this Code.
§6098 Penalty for Violation.
In addition to the penalty prescribed in Business and Professions Code Section 22435.3
or any amendment thereof, a violation of this Article is a misdemeanor, subject to a fine
not exceeding five hundred dollars ($500.00) or imprisonment in the County jail for a
period not exceeding three (3) months, or by both such fine and imprisonment.
SECTION FOUR.
1. SEVERABILITY.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person
or circumstance. The City Council of the City of Ukiah hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or
phrase hereof, irrespective of the fact that any one or more other sections, subsections,
22
А
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
2. EFFECTIVE DATE.
This Ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah, and shall become effective thirty (30) days after its
adoption.
Introduced by title only on March 21, 2018, by the following roll call vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on ___________, 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________
Kevin Doble, Mayor
ATTEST:
__________________
Kristine Lawler, City Clerk
23
Б
2
3
PAGE 1 OF 32
REQUEST FOR BID
1320 AIRPORT ROAD
UKIAH, CALIFORNIA 95482
P: (707) 467-5777, F: (707) 313-3831
DATE:2/13/2018
Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO.E32813
herein, and by the specified deadline, or the bid will be rejected.
BIDS WILL BE RECEIVED UNTIL
Submitted by:1:30 p.m.13-Mar 2018
(Company Name AT THE OFFICE OF THE BUYER II
& Address)1320 AIRPORT RD, CITY of UKIAH
BY:Mary Williamson
Email: mwilliamson@cityofukiah.com
BIDS ARE REQUESTED FOR THE FOLLOWING ITEM ALL BIDS SHALL BE F.O.B. UKIAH, CA.
QUANTITY DESCRIPTION UNIT PRICEEXT PRICE
Provide all labor, materials and equipment for the
1 LOTLUMP SUM
installation of one (1)primary switch box pad and all 4” & 6” conduit from the
intersection of Empire Drive and Bush Street to 1461 North Bush Street, Ukiah CA 95482.
The work will consist of removing and replacing asphalt concrete and sidewalk, trenching
compacting and installing and primary junction box pad and conduits per Attachment 1
Work Order 1703 1461 North Bush Street Install PM Switch, 103 Circuit Improvemet
(two (2) sheets).
Mandatory Pre-Bid Meeting:
9:00 a.m., Marlch 1, 2018
Corner of Bush Street and Empire Drive
Sub Total
Tax (8.375 %):
Shipping:
TOTAL:
SIGNATURE:DATE:PAYMENT TERMS: N30
PRINT NAME:PHONE:EMAIL:
TERMS:
1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for
supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an
office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County
or one of the cities in Mendocino County for that business location, and 3) has conducted business in complaince with 1) and 2) for not less than
six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it
may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and
quality, the award shall go to the Local Vendor.
2.Right is reserved to reject any and all bids.
ight is reserved to accept separate items unless specifically denied by bidder.
3.R
4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah.
4
5.In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased
costs.
he price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid.
6.T
7.In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless
a different time period is specified in RFB.
8.Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above.
REQUEST FOR BID
City of Ukiah
103 CIRCUIT EXPANSION
Specification No. E32813
th
February 13 2018
Mandatory Pre-Bid Meeting
st
9:00 a.m., March 1, 2018
Corner of Bush Street and Empire Drive
Bid Due Date
th,
1:30 p.m. March 13 2018
5
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
I.Introduction
City of Ukiah is seeking bids from qualified Contractors for the installation of one (1) primary switch box
pad and all 4” & 6” conduit from the intersection of Empire Drive and Bush Street to 1461 North Bush
Street, Ukiah CA 95482. The work will consist of removing and replacing asphalt concrete and sidewalk,
trenching, compacting and installing and primary junction box pad and conduits per Attachment 1 -Work
Order 1703 1461 North Bush Street Install PM Switch, 103 Circuit Improvement (two (2) sheets).
II.Bid Procedure
PLEASE TAKE NOTICE: This request for Bid (RFB) is issued as an open market purchase under Section
1522 of the Ukiah City Code. This is not a formal or informal bid under the provisions of state law
governing RFB’s for Public Projects. The procedures governing open market purchases are at the discretion
of the Purchasing Officer to use modern communications, including the telephone, e-mail and the internet,
to obtain the lowest possible price, consistent with the City’s needs. The Purchasing Officer does use City
bitter’s list when soliciting bids. You may contact the Purchasing Officer if you would like to be placed on
the City’s bidder list.
III. Contact Person
The City has designated Mary Williamson, Buyer II, as the contact person for questions related to the work
requested. Questions are to be submitted in writing, and can be done so by fax at (707) 313-3831, or by e-
mail at mwilliamson@cityofukiah.com.
IV.Pre-Bid Meeting – Mandatory
A qualified representative of the Contractor is requested to attend a pre-bid meeting at the designated date,
time and location below. Attendance at this conference is mandatory. There will be no other
opportunities given to inspect the job site.
The purpose of this meeting will be to clarify the contents of this bid request in order to prevent any
misunderstanding of the City’s position. Any doubt as to the requirements of this solicitation or any
apparent omission or discrepancy should be presented to the City at this meeting. The City will then
determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.
Oral statements or instructions will not constitute an amendment to this solicitation.
st
Bid Conference Date: March 1 2018
Bid Conference Time: 9:00 AM
Bid Conference Location: Corner of Bush St and Empire Dr.
V. Bid Submittal Instructions
th
Bids can be submitted in hardcopy, fax, or by email. Bids are due on or before 1:30 PM, March 13 ,
2018 to:
City of Ukiah Purchasing Department
Attn: Mary Williamson, Buyer II
1320 Airport Road
Ukiah, CA 95482
Phone: (707) 467-5777, Fax: (707) 313-3831
Email: mwilliamson@cityofukiah.com
Ћ
6
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
It will be the sole responsibility of the bidders to have their bids delivered to the City before the closing
hour and date. Late bids will not be considered and will be returned unopened to the sender. The City will
not be responsible for any cost incurred by the Contractor in preparation of their bid response.
VI. Scope of Work
Work requested shall, in general, consist of all labor, equipment and materials to install one (1) primary
switch box pad (install only, pad to be supplied by COU), all 4” & 6” PVC SCH 40 conduits per
Attachment 1 - City of Ukiah Electric Utility Work Order 1703, 1461 North Bush Street Install PM
Switch 103 Circuit Improvement, (two (2) sheets). The work will require the contractor to remove asphalt
concrete and sidewalk, all trenching, install of all conduits, compact trench and replace asphalt concrete
and sidewalk all per Attachment 1 – Specifications & “Trench Detail”.
Contractor shall take whatever steps are necessary to provide that the finished job will be as
generally accepted by recognized industry standards.
Work schedule should be based on working Monday thru Friday, 7:00 a.m. through 4:00 p.m.,
excluding City holidays.
On a daily basis, the Contractor shall keep the site of work and adjacent premises safe and as free
from material, debris, and rubbish as practical. All construction debris created by project must be cleaned
up, removed, and be disposed of properly and recycled if practical. Hauling and dump fees are the
responsibility of the Contractor.
Contractor will be responsible, in accordance with Construction Safety Orders of the Division of
Industrial Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience
to the general public, and adequate protection of persons and property in the vicinity of the work.
Work will not be considered complete until final inspection has been made by the City of Ukiah
Electric Utility Department, and work has been completed to his/her satisfaction.
st
Work to be completed no later than: May 1 , 2018
VII. Measurement and Payment
Measurement – Measured by the lump sum bid.
Payment – The lump sum price shall include full compensation for furnishing all labor, materials, tools,
equipment and incidentals, and doing all the work involved as described by the project scope and plans,
and no additional compensation will be allowed therefore.
VIII. Terms
The City asks that vendors specify their desired payment preferences in their bid response. The
actual payment terms of the contract will be open for negotiation during the contract phase. If no special
payments are requested prior to issuing the work, the City will assume net 30.
The City reserves the right to award to the lowest, responsible bidder. The City also reserves the
right to waive any irregularities and technicalities and request rebids should it be deemed in its best interests
to do so. The price, terms, delivery point, and delivery date may individually or collectively be the basis of
awarding of the bid. In addition, the City reserves the right to make the selection of specific parts of a bid,
Ќ
7
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
or multiple proposals that will best meet the needs of the City as defined in this RFB. In addition, the City
reserves the right to reject any or all bids. The awarded contractor will enter a “Short Form Construction
Contract”, sample attached as Attachment 2.
IX. Bidder Qualifications
The City will satisfy itself that the potential contractors are reputable firms with a proven track
record and a proven product. Contractors are asked to provide the information requested under Work
Performance History Capability. References are to be those who you have performed similar scope of work
as asked for in this RFB. References are to include the contact name and phone number. A minimum of
three references are requested.
X.Insurance Requirements
Bidder’s attention is directed to the insurance requirements – see attached detailed insurance
requirements (Attachment 3, two pages). Contractors shall furnish to the City, upon award of contract,
certificates of insurance covering full liability under Worker’s Compensation laws of the State of California,
Comprehensive General Liability and Business Auto Insurance with policy limits of not less than
$1,000,000 naming the City as an additional insured party.
It is highly recommended that contractors confer with their respective insurance carriers or brokers
to determine in advance of bid submission the availability of insurance certificates and endorsements as
prescribed and provided herein. If an apparent awarded contractor fails to comply with the insurance
requirements, that contractor may be disqualified from award of the contract. If you have questions
regarding the City’s requirements, please contact the City’s Risk Manager at 707-463-6287.
XI. License and Additional Requirements
1) Compliance with Laws and Regulations: All materials, parts and equipment furnished pursuant to
these specifications shall be in compliance with the laws and regulations of the State of California and
OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance.
2) Legal Requirements and Permits: The contractor agrees to fully comply with all local, City, State
and Federal laws, regulations and ordinances governing performance of contractual services required, and
it will be the responsibility of the contractor to obtain any and all necessary licenses, permits or clearances,
including the actual cost of licenses.
3)License Requirements: Bidder/Contractor must possess a current State of California contractor’s
license and a City of Ukiah business license. (For information business license, please contact
Kathy Norris, City of Ukiah Finance Department at 707-463-6202.)
a) The Contractor shall possess a valid State of California Class A (General Engineering) Contractor’s
license. Bidder shall provide proof of possession of the proper licenses and certificates of registration
necessary to perform the work. Employees actually performing the tasks shall provide proof of proper
certificates of registration for same.
b) The bidder shall keep in force a City of Ukiah business license for the extent of the project.
c) Where subcontractors/jobbers are used, bidder shall provide the City with proof of proper
licenses, certificates and proof of insurance for work performed.
4)Notice to Bidders – Contractor Registration and Prevailing Wages –No contractor or subcontractor
Ѝ
8
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
may be listed on a bid proposal for a public works project 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 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.
Public Works Small Project Exemption: Small project exemption means that contractors who work
exclusively on small projects are not required to register as public works contractors or file
electronic certified payroll reports for those projects. However, prevailing wages must still be paid
on projects with small project exemption. Contractors are still required to maintain certified payroll
records on a continuous basis, and provide those records to the Labor Commissioner’s Office upon
request. Small project exemption is applied based on the amount of the entire project, not a
contractors subcontracted amount of the project. Small project exemption applies for all public
works projects that do not exceed: $25,000 for new construction, alteration, installation, demolition
or repair; and $15,000 for maintenance.
Each laborer or mechanic of Contractor or any subcontractor engaged in work on the project under
this contract shall be paid, pursuant to provisions of Section 1770, including amendments thereof,
of the Labor Code of the State of California, the Director of the Department of Industrial Relations,
State of California, has ascertained the general prevailing rate of wages for straight time, overtime
Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation,
pension and similar purposes, copies of the General Prevailing Wage Determination (applicable
to the work), for the locality in which the work is to be done can be reviewed at Website:
www.dir.ca.gov/dlsr/pwd/northern.html .
The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at
any time require contractor and subcontractors to furnish electronic certified payroll records
directly to DLSE. For projects that do not meet the “Public Works Small Project Exemption”,
contractors and subcontractors must furnish electronic certified payroll records directly to the
DLSE.
Ў
9
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
INDEMNIFY AND HOLD HARMLESS AGREEMENT
Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to
defend, indemnity, hold harmless and release the City, its officers, agents and employees, from and against
any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person
or entity, arising out of or in connection with the negligent or willful misconduct in the performance by
contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the
City, but excluding liability due to the sole active negligence or willful misconduct of the City. This
indemnification obligation is not limited in any way by any limitation on the amount or type of damages or
compensation payable to or for Contractor or its agents under Workmen's Compensation acts, disability
benefits acts or other employee's benefits acts.
Contractor shall be liable to the City for any loss or damage to City property arising from
or in connection with Contractor performance hereunder. The undersigned acknowledges that this
document, together with the resulting purchase order issued by the City, the executed Short Form
Construction Contract, the insurance requirements for contractors, and the Contractor Statement Regarding
insurance coverage comprise a written agreement between the Contractor and the City binding on both
parties.
The undersigned declares they are familiar with the items specified and have carefully read the
RFB specification/requirements, checked all of the figures stated on the specifications and accepts full
responsibility for any error or omission in the preparation of this bid.
This bid is submitted by, (check one)
____ Individual Owner ____ Partnership ____ Corporation _____ Other
Legal Name of Bidder ___________________________________________________________
Address of Bidder ______________________________________________________________
Tax ID# ______________________________________________________________________
Phone Number______________________________ Fax Number ________________________
California State Contractor’s License #: Expiration Date:
By: ______________________________________________ Date _____________________
Signature
Print or Type Name: ____________________________________________________________
Title
Џ
:
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
WORK PERFORMANCE DATA
Provide the name, locations and a narrative statement on the work performed.
HISTORY AND CAPABILITY WORK PERFORMED
1. COMPANY NAME: ______________________________________
CONTACT:____________________________________________ _______________________________________
ADDRESS:____________________________________________ _______________________________________
PHONE________________________________________________ ________________________________________
2. COMPANY NAME: ______________________________________ _______________________________________
CONTACT_____________________________________________ _______________________________________
ADDRESS_____________________________________________ _______________________________________
PHONE:________________________________________________ _______________________________________
3. COMPANY NAME: _____________________________________ _______________________________________
CONTACT:____________________________________________ _______________________________________
ADDRESS____________________________________________ _______________________________________
PHONE:______________________________________________ _______________________________________
4. COMPANY NAME: ____________________________________ _______________________________________
CONTACT:___________________________________________ _______________________________________
ADDRESS:___________________________________________ _______________________________________
5. COMPANY NAME: ____________________________________ _______________________________________
CONTACT:___________________________________________ _______________________________________
ADDRESS:___________________________________________ _______________________________________
PHONE:_____________________________________________ _______________________________________
А
21
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
SUBCONTRACTORS: The bidder must submit a list of subcontractors whom he proposes to employ on the work with
proper firm name and business address of each.
Subcontractor’s Name Work to be performed
___________________________________________________ _________________________________________________
___________________________________________________ _________________________________________________
Address
___________________________________________________ __________________________________________
City/State/Zip
___________________________________________________
Phone Number Fax Number
_________________________________________________ _____________________________________________
License Number/Type/Expiration Date
Subcontractors Name Work to be performed
___________________________________________________ _____________________________________________
___________________________________________________ _____________________________________________
Address
_____________________________________________
City/State/Zip
__________________________________________________ ____________________________________________
Phone Number Fax Number
__________________________________________________ ______________________________________________
License Number/Type/Expiration Date
Subcontractors Name Work to be performed
__________________________________________________ _____________________________________________
___________________________________________________ _____________________________________________
Address
__________________________________________________ _____________________________________________
City/State/Zip
___________________________________________________ _____________________________________________
Phone Number Fax Number
___________________________________________________ _____________________________________________
License Number/Type/Expiration Date
Б
22
/źƷǤƚŅ
Ɖźğŷ/źƩĭǒźƷLƒƦƩƚǝĻƒĻƓƷtƩƚƆĻĭƷwC.9ЌЋБЊЌ
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance
coverage requirements specified in the Request for Bid for:
Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance,
including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insured for
the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every
employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with
the provisions of that code, before commencing the performance of the work specified.
Please Print (Person, Firm, or Corporation)
Signature of Authorized Representative
Please Print (Name & Title of Authorized Representative)
Date Phone Number
В
23
City of Ukiah Circuit Improvement Project-RFB E32813
BIDDER/CONTRACTOR STATEMENT
REGARDING INSURANCE COVERAGE
(Submit with Bid)
PROPOSER/CONTRACTOR HEREBY CERTIFIES that he/she has reviewed and understands the insurance
coverage requirements specified in the Request for Bid for:
Should we/I be awarded the contract, we/I certify that we/I can meet the specified requirements for insurance,
including insurance coverage of the subcontractors, and agree to name the City of Ukiah as Additional Insuredfor
the work specified. And we/I will comply with the provisions of Section 3700 of the Labor Code, which require every
employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with
the provisions of that code, before commencing the performance of the work specified.
Please Print (Person, Firm, or Corporation)
Signature of Authorized Representative
Please Print (Name & Title of Authorized Representative)
Date Phone Number
9
24
2 STR Al
2 STR AL 200 A
600 A 500 KCM AL
490
EMPIRE DRIVE
'
01
=
"
1
EL
A
C
S
GAS
27
28
ATTACHMENT 2
SHORT FORM CONSTRUCTION CONTRACT
This Agreement is made and entered on _______,in Ukiah,
California, by and between __________, a CA General Partnership
\[corporation, partnership, sole properietor\]("Contractor") and the City of Ukiah
("City"), a general law municipal corporation.
RECITALS:
1. The plans and specifications for this work ("the Work")
are contained in Exhibit A – Bid Specification, which is attached
hereto and incorporated herein by this reference.
2. Contractor is properly licensed and qualified to perform
the work.
3.Whenever this Agreement calls for City approval or
notification, the approval or notification must be signed by the
City Manageror his or her designee.
AGREEMENT:
Wherefore, in consideration of the foregoing facts and the
terms and conditions as further stated herein, the parties hereby
agree as follows.
1. PERFORMANCE OF THE WORK
Contractor will perform theWork as further provided herein.
1.1 Time of Performance.Contractor shall commence the Work
when receiving a formal Notice to Proceed, and shall complete the
Work by no later than _____________________.
1.1.1. \[check if applicable\] 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 1.1.2, 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, subject to Sections 1.13-1.14, below, the
Contractor will pay to the City the sum of five hundred dollars
S:u\\agrtms06\\short form construction contract
February 12, 2018
29
1
($500.00) per day for each and every calendar day's delay beyond
the time prescribed.
1.1.2\[check if applicable\] 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.
1.2 Construction of Contract Documents.Contractor will
perform the Work in compliance withthe plans and specifications
set forth in the attachedExhibit A. If there is any inconsistency
or conflict between the plans and the specifications, the
specifications will prevail. If there is any inconsistency between
the plans and the specifications and this agreement, the terms of
this Agreement shall prevail, unless expressly stated otherwise in
a particular specification.
1.3 Contractor furnished items.Contractor will furnish all
necessary labor, materials, tools, equipment, and transportation
necessary to perform the Work.
1.4 New SB 854 requirements
1.4.1No 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 \[with
limited exceptions from this requirement for bid purposes only
under Labor Code section 1771.1(a)\].
1.4.2No 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.
1.4.3This project is subject to compliancemonitoring
and enforcement by the Department of Industrial Relations.
1.4.4The Labor Commissioner through the Division of
Labor Standards Enforcement (DLSE) may at any time require
S:u\\agrtms06\\short form construction contract
February 12, 2018
2:
2
contractors and subcontractors to furnish electronic certified
payroll recordsdirectly 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.
1.4.5The Prime Contractor is required to post job
notices at the job site asprescribed by regulations (currently,
8 CCR §16451(d).)
1.5Use of Employees.
1.5.1.Contractor and any subcontractors shall pay
all mechanics and laborers employed by them to work 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.
1.5.2.Contractor shall comply with the California
Labor Code Section 1775. In accordance with said Section 1775,
Contractor shall forfeit as a penalty to the City, $50.00 for each
calendar day or portion thereof, for each workman paid less than
the stipulated prevailing rates for such work or craft in which
such workman is employed for any work done under the Contract by
him or her or by any subcontractor under him or her in violation
of the provisions of the Labor Code and in particular, Labor Code
Sections 1770 to 1780, inclusive. In addition to said penalty and
pursuant to Section 1775, the difference between such stipulated
prevailing wage rates and the amount paid to each workman for each
calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to
each workman by the Contractor.
1.5.3.Pursuant to the provision of Section 1770 of
the Labor Code of the State of California, City 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 workers concerned.
Copies of the General Prevailing Wage Determination are on file in
S:u\\agrtms06\\short form construction contract
February 12, 2018
31
3
the office of the City Engineer and are available to the Contractor
on request. The Contractor shall post the wage determination at
the site of work in a prominent place where the workers can easily
see it.
1.5.4.City will not recognize any claim for
additional compensation because theContractor has paid any rate in
excess of the prevailing wage rate obtained fromthe CityEngineer.
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 circumstancesbe considered as the basis for a claim
against the City.
1.5.5.Travel and Subsistence Payments.
Contractor shall make travel and subsistence payments to
each worker needed to execute the work in accordance with the
requirements in Section 1773.8 ofthe Labor Code (Chapter 880,
Statutes of 1968).
1.5.6.Apprentices.
Attention is directed to the provisions in Sections
1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the
California Labor Code concerning the employment of apprentices
by the Contractor or any subcontractor under him. Contractor and
any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards,
wage schedulesand 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.
Copies of Labor Code Sections 1771 (requiring prevailing wages),
1775 (imposing penalties, including a $50 per day, per worker
forfeiture, for failure to pay prevailing wages), 1776 (requiring
contractor to maintain available for inspection certified payroll
records), 1777.5 (requiring certain apprenticeship programs), 1813
(imposing penalties for failure to make records available for
inspection) and 1815 (requiring time and ½ for overtime) are
available at the Department of Industrial Relations website at
http://www.dir.ca.gov/
S:u\\agrtms06\\short form construction contract
February 12, 2018
32
4
1.6CITYInspector.CITYmay designate an architect, engineer,
other design professional or other inspector ("Inspector") to
supervise and/or inspect Contractor's performance of the Work. The
Inspector shall have no authority to change the Work, the
compensation for performing the Work or the time for completing the
Work without City's prior written approval. Cityshall notify the
Contractor in writing, if it designates an Inspector.
1.7Site Conditions.Contractor acknowledges that it has
inspected the work site and any improvements involving the Work and
satisfied itself as to the conditions which can affect the Work or
its cost. Contractor has not relied on any representation by CITY
or its officers or employees as to the condition of the site or the
houses or any condition that might affect the cost of performing
this Agreement.
1.8New Products Required.All equipment, materials or
fixtures furnished by Contractor under this Agreement shall be new
and of the most suitable grade for the intended purpose, unless
otherwise specifically provided.
1.9Compliance with Laws.The Contractor shall give all
notices and comply with all applicable laws, ordinances, codes,
rules and regulations. The Contractor shall secure and pay for all
permits, fees, and licenses necessary for the proper execution and
completion of the work.
1.10Protection of Site and Improvements.The Contractor
shall preserve and protect the site, grounds and any involved
improvements and shall not alter or damage any portion thereof,
except as is absolutely necessary in order to perform the Work. The
Contractor shall repair or replace, as directed by CITY, any
property that it damages, looses or destroys in violation of this
paragraph.Contractor shall assume full responsibility for
maintaining the safety of the worksite in compliance with all
applicable state and federal worker safety and protection laws and
shall maintain the worksite in compliance with all such laws.
1.11Inspection of Work.The Contractor shall ensure that
the Work is available for inspection by CITYor its Inspector at
all reasonable times and that no work is covered up or rendered
incapable of inspection without prior notice to CITYorits
S:u\\agrtms06\\short form construction contract
February 12, 2018
33
5
Inspector and a reasonable opportunity for inspection. The presence
or absence of an CITYinspector or the conduct of an inspection by
CITYor its Inspector shall not relieve the Contractor from any
contract requirement or compliance with Exhibit A.
1.12Title.The Contractor warrants that it conveys full and
complete title, free of all liens and encumbrances, to all materials,
supplies, fixtures and equipment furnished to CITYunder this
Agreement and agrees to fully defend and indemnify CITY, its
officers and employees, and the houses and homebuyers included in
the Work from and against any claim, lien, charge, debt, cost,
expense or liability arising from a breach of said warranty.
1.13Warranties.In addition to any other warranties in this
contract, the Contractor warrants that the Work conforms to the
contract requirements and is free of any defect in equipment,
material or workmanship for a period of one year from the date of
final acceptance of the Work by CITY. If CITYaccepts any part of
the Work before final acceptance of the entire Work, the warranty
shall continue for the period of one year from the date of such
partial acceptance. The Contractor shall remedy, at the Contractor's
expense, any failure to conform, or any defect. \[Initial if
following sentence applies /_/ /_/\] CITYshall retain __% of the
Contract Amount to secure the Contractor's warranty and shall remit
the unused portion of that amount at the end of the warranty period.
The time limit of this warranty shall not apply to any latent defects,
or gross negligenceor fraud on the part of the Contractor.
1.14. Extension of Time.
Should any delays occur which the Citymay 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 Citywithin
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 Citywithin
45 days of the occurrence unless the Cityspecifies in writing a
S:u\\agrtms06\\short form construction contract
February 12, 2018
34
6
longer period. All claims for a time extension must be approved by
theCityand incorporated into a written change order.
1.15. 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 City, the Contractor shall be able
to overcome them.
The Contractor shall be granted a time extension of one day for each
unfavorable weather day thatprevents 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) continuoushours 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 workperiod.
1.16. 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 City.
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 ofthe Cityand that such permission may be
revoked at any time by the Cityif the Contractor fails to maintain
at night adequate force and equipment for reasonable prosecution
and to justify inspection of the work.
1.17. 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 1 ½times the basic rate of pay.
S:u\\agrtms06\\short form construction contract
February 12, 2018
35
7
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.
2. CONTRACT PRICE
CITYshall pay the Contractor for performance of this Agreement
time and materials with a total not to exceed amount of_______.
3. PAYMENT OF CONTRACT PRICE
3.1 Cityshall pay any invoicefor completed work, and approved
by the City, within thirty (30) days of its receipt by City.All
payments under this contract shall be made upon the presentation of
certificates in writing from the Cityand shall show that the work
covered by the payments has been done and the payments thereof are
due in accordance with this contract.
4.INDEMNIFICATION AND INSURANCE.
4.1Indemnification.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 Contractorby 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
S:u\\agrtms06\\short form construction contract
February 12, 2018
36
8
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 resultingfrom 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 whetheror 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 byor
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 negligentor
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
disposedof and satisfactory evidence to that effect furnished to
the City.
S:u\\agrtms06\\short form construction contract
February 12, 2018
37
9
.
4.2Insurance.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.
4.2.1. 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.
4.2.2. 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. 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.
4.2.3. 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
S:u\\agrtms06\\short form construction contract
February 12, 2018
38
10
guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim
administration and defense expenses.
4.2.4. Other Insurance Provisions
Thegeneral liabilityandautomobile liabilitypolicies
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 insureds with respect to
liability arising out of automobiles owned, leased, hired
or borrowed by or on behalf of the contractor; and with
respect to liability arising out of work or operations
performed by or on behalf of the Contractor including
materials, parts or equipment furnished in connection
with such work or operations. General liability coverage
can be provided in the form of an endorsement to the
Contractor's insurance, or as a separate owner's policy.
2.For any claims related to this project, the
Contractor's insurance coverage shall be primary
insurance as respects the City, its officers, officials,
employees, volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials,
employees, or volunteers, shall be excess of the
Contractor's insurance and shall not contribute with it.
3.Each insurance policy required by this clause shall
be endorsed tostate 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.
4.2.5. Acceptability of Insurers
Insurance is to be placed with admitted California
insurers with an A.M. Best's rating of no less than A-
for financial strength, aa for long-term credit rating
and AMB-1 for short-term credit rating.
4.2.6. Verification of Coverage
Contractor shall furnish the City with original
certificates and amendatory endorsements effecting
coverage required by this clause. The endorsements shall
S:u\\agrtms06\\short form construction contract
February 12, 2018
39
11
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 effecting the
coverage required by these Special Provisions at any time.
4.2.7. 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.
5.TERMINATION.
This Agreement may only be terminated by City: 1) for breach
of the agreement; 2) because funds are no longer available to pay
Contractor for services provided under this Agreement; or 3) City
has abandoned and does not wish to complete the project for which
Contractor was retained. Cityshall notify Contractor of any
alleged breach of the agreement and of the action required to cure
the breach. If Contractor fails to cure the breach within the time
specified in the notice, the contract shall be terminated as of that
time. If terminated for lack of funds or abandonment of the project,
the contract shall terminate on the date notice of termination is
given to Contractor. Cityshall pay the Contractor only for services
performed and expenses incurred as of the effective termination date,
unless terminated because the Contractor has failed to
satisfactorily cure a breach after notice in which event Cityshall:
a. retain any amounts earned under the Contract but not yet
paid by City;
b. take possession of all material and fixtures on the job
site;
c. have the right to complete the Work and recover from
Contractor any increased cost to complete the Work above the amounts
S:u\\agrtms06\\short form construction contract
February 12, 2018
3:
12
that would have been paid to Contractor hereunder, together with
any other damages suffered by Cityas a result of said breach.
6.MODIFICATION OF AGREEMENT.
Citymay, from time to time, request changes in the Work, the
time to complete the work or the compensation to be paid for the
Work.Such changes must be incorporated in written amendments to
this Agreement. To be effective, all such changes as referred to
in this section must be agreed upon in writing by both parties to
this agreement.
7.ASSIGNMENT.
The Contractor shall not assign any interest in this Agreement,
and shall not transfer any interest in the same (whether by
assignment or novation), without the prior written consent of City.
8.APPLICATION OF LAWS.
The parties hereby agree that all applicable Federal, State
andlocal rules, regulations and guidelines not written into this
Agreement shall hereby prevail during the period of this Agreement.
9.INDEPENDENT CONTRACTOR.
It is the express intention of the parties hereto that Con-
tractor is an independent contractor and not an employee, joint
venturer, or partner of Cityfor any purpose whatsoever. Cityshall
have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed
by Contractor under this Agreement, and the general public and all
governmental agencies regulating such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate
authority in Cityhave been inserted solely to achieve compliance
with federal and state laws, rules, regulations, and interpretations
thereof. No such provisions and no other provisions of this
Agreement shall be interpreted or construed as creating or
establishing the relationship of employer and employee between
Contractor and City.
S:u\\agrtms06\\short form construction contract
February 12, 2018
41
13
Contractor shall pay all estimated and actual federal and state
income and self-employment taxes that are due the state and federal
government and shall furnish and pay worker's compensation insurance,
unemployment insurance and any other benefits required by law for
himself and his employees, if any. Contractor agrees to indemnify
and hold Cityand its officers, agents and employees harmless from
and against any claims or demands by federal, state or local
government agencies for any such taxes or benefits due but not paid
by Contractor, including the legal costs associated with defending
against any audit, claim, demand or law suit.
Contractor warrants and represents that it is a properly
licensed for the work performed under this Agreement with a sub-
stantial investment in its business and that it maintains its own
offices and staff which it will use in performing under this
Agreement.
10.GOVERNING LAW.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California and any legal action
concerning the agreement must be filed and litigated in the proper
court in Mendocino County, each party consenting to jurisdiction
and venue of California state courts in Mendocino County.
11.SEVERABILITY.
If any provision of the Agreement is held by a court of com-
petent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and
effect without being impaired or invalidated in any way.
12.INTEGRATION.
This Agreement, including the exhibits attached hereto,
contains the entire agreement among the parties and supersedes all
prior and contemporaneous oral and written agreements,
understandings, and representations among the parties. No
amendments to this Agreement shall be binding unless executed in
writing by all of the parties.
13.WAIVER.
No waiver of any of the provisions of this Agreement shall be
S:u\\agrtms06\\short form construction contract
February 12, 2018
42
14
deemed, or shall constitute a waiver of any other provision, nor
shall any waiver constitute a continuing waiver. No waiver shall
be binding unless executed in writing by the party making the waiver.
14.NOTICES.
Whenever notice, payment or other communication is required or
permitted under this Agreement, it shall be deemed to have been
given when personally delivered, emailed, telefaxed or deposited in
the United States mail with proper first class postage affixed
thereto and addressed as follows:
CONTRACTORCITY
_____________City of Ukiah
_____________300 Seminary Ave.
_____________Ukiah, CA. 95482
Email:Email:
FAX:FAX:
Service by telefax shall bear a notation of the date and place of
transmission and the facsimile telephone number to which transmitted.
Either party may change the address to which notices must be sent
by providing notice of that change as provided in this paragraph.
15.PARAGRAPH HEADINGS.
The paragraph headings contained herein are for convenience
and reference only and are not intended to define or limit the scope
of this agreement.
16.EXECUTION OF AGREEMENT.
This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively,
this Agreement may be executed and delivered by facsimile or other
electronic transmission, and in more than one counterpart, each of
which shall be deemed an original, and all of which together shall
constitute one and the same instrument. When executed using either
alternative, the executed agreement shall be deemed an original
S:u\\agrtms06\\short form construction contract
February 12, 2018
43
15
admissible as evidence in any administrative or judicial
proceeding to prove the terms and content of this Agreement.
WHEREFORE, the parties have entered this Agreement on the date
first written above.
CONTRACTOR CITYOF UKIAH
By:___________________________By:___________________________
Sage Sangiacomo
City Manager
California Contractor's License Number __________\[Number or N/A\]
S:u\\agrtms06\\short form construction contract
February 12, 2018
44
16
INSURANCE REQUIREMENTS FOR CONTRACTORS
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 agents, representatives, employees or subcontractors.
I.Minimum Scope of Insurance
Coverage shall be at least as broad as:
A.Insurance Services Office Commercial General Liability coverage(Form No. CG 20 10 10 01 and
Commercial General Liability –Completed Operations Form No. CG 20 37 10 01).
B.Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
C. Worker’s Compensationinsurance as required by the State of California and Employer’s Liability
Insurance.
II.Minimum Limits of Insurance
Contractor shall maintain limits no less than:
A.General Liability: $1,000,000per 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.Insurance must be written on an occurrence basis.
B. Automobile Liability: $1,000,000per accident for bodily injury and property damage.Insurance must
be written on an occurrence basis.
C.Worker’s Compensation Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
III.Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The Citymay require
the insurer to reduce or eliminate such deductibles or self-insured retentions withrespecttothe City, its officers,
officials, employees and volunteers; or the Contractor toprovide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to
approve the deductible without a guarantee.
IV.REQUIREDInsurance Provisions
Proof ofgeneral liability and automobile liabilitypolicies are to contain, or be endorsedto contain, the
following provisions:
A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL
INSUREDwith 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.
B. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The
insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses paid under the terms of this policy which arises
from the work performed by the named insured for the City. NOTE: You cannot be added as an additional
insured on a workers’ compensationpolicy.
C. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance
with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance
45
maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the
Contractor’s insurance and shall not contribute with it.
Rev: 11/20/08 Page 1 of 2
D.Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceledby either party, except after thirty (30) days’ prior written notice by certified mail, return receipt
requested, has been given to the City.
E.Note: (This protects the Contractor)-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.
V.RATING -Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less thanA-for
financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.
VI.Verification of Coverage
Contractor shall furnish the City with original certificates and amendatoryendorsementsaffecting coverage
required by this clause. The endorsements should be onforms provided by the City.If endorsements areon
forms other than the City’s forms, those endorsements or policies must provide coverage that is equivalent to or
better than the forms requested by the City.All certificates and endorsements are to be received and approved
by the City beforework commences. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements affecting the coverage required by these specifications at
any time.
VII.Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements
stated herein.
If you have questions regarding our insurance requirements contact:
Risk Manager
(707)463-6287 FAX (707) 463-6204
46
Rev: 11/20/08 Page 2of 2
103 Circuit Expansion, Specification #E32813
City of Ukiah
Bid Opening: 03/13/18 EGregg Simpson Trucking
11 Highland Street
Ukiah, CA 95482
Bidder Status: Valid
Base Bid
LƷĻƒ ϔLƷĻƒ/ƚķĻLƷĻƒ 5ĻƭĭƩźƦƷźƚƓvǒğƓƷźƷǤ
ƓźƷ ƚŅ aĻğƭǒƩĻ
ƓźƷ tƩźĭĻLƷĻƒ ƚƷğƌ
TRENCHING & INSTALLATION OF PRIMARY JUNCTION BOX PAD AND
1CONDUITS AT 1461 N. BUSH ST.1LS$56,294.70 $56,294.70
$56,294.70
$56,294.70
Total Bid Amount
Listed Subs
47
2
3
(see calendar from NCPA)
4
5