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HomeMy WebLinkAbout2018-08-01 Packet 2 3 There are no Attachments to this Agenda Item. 4 2 3 4 5 6 7 8 9 : 21 22 23 UVSD Litigation CostsCity of Ukiah as of June 30, 2018Summary of Litigation Defense Costs Row LabelsSum of Amountas of June 30, 2018 Legal (2013-Present)$ 5,936,927.91 (1) ARBITRATION & MEDIA 3,560.00Inception through 06/30/16$ 318,092.92 BRELJE & RACE CONSUL 16,542.50 DANIEL CROWLEY 660,977.37Since 7/1/16Boutin Jones, Inc.76,430.04 DUNCAN JAMES LAW OFC 4,801,896.64David Rapport216,003.84 HOLDER WILLIAM 25,144.00Geary, Shea,O'Donnell1,068,516.53 JAMS INC 10,900.00 SARGEANT KIMBALL 59,275.03S/T 1,360,950.41 SHARP JOHN 117,275.23 SQUAR MILNER 182,105.50 REDWOOD REPORTING 17,424.68Total City litigation defense costs 1,679,043.33 O'BRIEN AND ASSOCIATES 31,147.00 TERIS 10,679.96 Grand Total$ 5,936,927.91 Total City costs 1,679,043.33(a) Total UVSD litigation costs$ 5,936,927.91(b) Total City and UVSD litigation costs$ 7,615,971.24(c) Analysis UVSD accounts: Overlap1,423 44.41%of total UVSD rate payers Non-overlap1,781 55.59%of total UVSD rate payers Total3,204 (d) City accounts3,923 (e) Total accounts7,127 (f) Total cost per each account$ 1,068.61 (c) / ((f) Cost per City account$ 428.00 (a) / (e) Cost per UVSD account$ 1,852.97 (b) / (d) (1) From the summary prepared by D. Rapport. (2) Summary does not include staff time and materials for either the City of UVSD. (3) Summary does not include opportunity costs incurred from inability to refinance outstanding sewer bonds, estimated to be in excess of $2.7 million as of June 30, 2018. 24 2 Note:This meeting was adjourned to 7:30 p.m. MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Vice Mayor Mulheren. Presentation was received. Report was received. Motion by Crane, seconded by Scalmanini, to continue the hearing until the City receives a consistency determination from the Mendocino County Airport Land Use Commission (ALUC) pursuant to staff recommendation number 3 in the Agenda Summary Report and the Planning Commission makes a recommendation to the City Council to approve or disapprove the 3 application, after the Commission considers the ALUC determination and any additional information from staff. The Mayor is authorized and directed to send a letter to the ALUC requesting that it make the consistency determination as soon as possible. – Finance. (2018-16) – Community Development. (COU No. 1819-086) – Information Technology. (2018-17) – Finance. (2018-18) – Public Works. (COU No. 1819-087 – Electric Utility (COU No. 1819-088 – Public Works. No public comment was received. 4 (speaking as a private citizen) (speaking as private citizen), (2018-19) RECESS: 9:29 - 9:38 P.M. (COU No. 1718-138-CO5) 5 (2018-20) (COU No. 1819-089), (2018-21) Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Ukiah Valley Sanitation District v. City of Ukiah No Closed Session was held. 6 2 3 Proposal for the Administration of the Microenterprise Assistance Services for the City of Ukiah, CA Submitted by West Enterprise Center Inc., dba West Company Contact: Mary Anne Petrillo, CEO 185 E. Church St. Ukiah, CA (707) 964-7571 E-mail: maryanne@westcompnay.org 4 5 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 2 Table of Contents 1.Firm Description and Contact Information .......................................................................................... 4 2.Key Personnel Qualifications ............................................................................................................... 5 Mary Anne Petrillo, CEO of West Company ...................................................................................... 5 Jo Williams, Administrative Assistant ............................................................................................... 6 Steve Lamb, Client Services Manager ............................................................................................... 6 Kevin Williams, Client Services Manager .......................................................................................... 6 Nancy Banker, Financial Consultant ................................................................................................. 6 Donna Montag, Financial Analysis Consultant .................................................................................. 7 Steve O’Mara, Business Development & Marketing Consultant ........................................................ 7 Megan Goodall, Accounting and Bookkeeping ................................................................................. 7 Joyce Perlman, Brand identity Consultant ........................................................................................ 7 Anni Minuzzo, Specialty Food & Beverages Consultant ………………………………………………….………..…….8 Cynthia Lamon, Patent Agent………………………………………………………………………………………….……………….8 3.Relevant Experience ........................................................................................................................... 8 4.CDBG META References ....................................................................................................................... 8 5.Scope of Services………….………………………..……………………………………………………………………………….………….9 Tasks Necessary to Accomplish All Activities ........................................................................................ 9 Schedule of Work .............................................................................................................................. 12 6.Insurance…………………………………………………………………………………………..…….………………………..………………12 7.Lawsuits…………………………………………………………….…………….………………..…….………………………..………………12 8.Budget and Task Matrix ……………………..………………………………..…………..…….………………………..………………13 Microenterprise Assistance Task Matrix ............................................................................................. 13 Budget……………………………………………………………………………………………………………………………………………….17 9.Professional services agreement for City of Ukiah…………………..……….………….…..…….…………………………17 10.City’s CDBG Grant Agreement …………….………………………….…….………..…….………………………..………………17 11.Signed proposal ………………………………………………………………………………………………………………………………18 6 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 3 1.Firm Descriptionand Contact Information West Enterprise Center, Inc. dba West Company, a nonprofit with a focus on providing entrepreneurship education, financial literacy, access to capital and strategic marketing knowledge for business owners throughout Mendocino County, CA. We serve our clients through confidential, customized one-on-one business consulting and training and workshops. We provide microenterprise technical assistance to build economic resiliency and reduce poverty, which enables communities to thrive. We define microenterprise as a business with five or fewer employees. For over 30 years we have served Mendocino County aware that often when a new client walks through the door of West Company for the first time he/she is taking a significant step in fulfilling a dream. It is an honor and a humbling experience to work with clients to assist in making that dream a successful reality and contributing to the economic growth of our community. We currently have two full-time employees and one part-time employee. We provide services to Mendocino County with offices in Fort Bragg and Ukiah. Our recent move to a new location in downtown Ukiah was to be strategically positioned in a location that has easy access for residents and business owners in the City of Ukiah. The office is designed to take advantage of a variety of learning styles from 1:1 counseling to in-person workshop to online webinar training. The offices provide accessibility to persons with disabilities and located in an area easily accessible to Ukiah-based low- and moderate-income participants, so that the cost of transportation is minimized. Each office has one direct service provider and one program development staff person. We have contracts with six business advisors with specialties in advanced business experience. Through our funders, the Small Business Development Center (SBDC) and the Women’s Business Center (WBC), we are able to access additional specialists who may not be readily available in the county. The Executive Director provides the supervision for employees and contractors, and also provides direct services to clients. As a company, we provide services to a continuum of clients from the aspiring entrepreneur, to the early stage business owner, to the established business owner with the goal to expand or sell. All of our services and the $456,000 annual budget support our mission to assist microbusinesses with growth, self-sufficiency for business owners, and economic development in Mendocino County. One of the most important groups we serve are the low to moderate income (LMI) individuals aspiring to established business ownership. Our service is supported by funding from the County of Mendocino and Fort Bragg Community Development Block Grant. We have actively delivered training/workshop and technical assistance with the Microenterprise Technical Assistance (META) grants since 1993. West Company provides assistance with planning for a business, accessing capital, financial models of the business, technology integration and digital marketing strategies. West Company also provides additional advising to LMI entrepreneurs that suffer from bad credit, personal financial issues, time management issues, and lack of business skills. West Company continues to be a leader in the microenterprise industry as a Member of California Association of MicroEnterprise Opportunity (CAMEO) and the Association of Women’s Business Centers and is a founder of both the national and state wide industry associations, Association of Enterprise Opportunity (AEO) and CAMEO in the early 1990's. In addition, West Company hosts the Mendocino Women's Business Center (WBC) whose mission is to serve disadvantaged women and female entrepreneurs. West Company also hosts the Mendocino Small Business Development Center (SBDC) whose mission is to serve existing businesses with expansion and stabilization plans. Both of these Small 7 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 4 Business Administration (SBA) programs allow us to offer services to businesses that do not meet the income requirements of the Community Development Block Grant program, giving us flexibility in meeting the holistic needs of our local business community. In 1992, we incorporated as a 501(c)(3) and changed our name from the acronym WEST Company (W omen's E conomic S elf-Sufficiency T raining Company) to West Company. The name change signaled our continuation to serve women and opening of our services to men. All services for this contract will be provided at our satellite Ukiah office located at 185 E. Church St. central to the downtown Ukiah business district and conveniently near public transportation. The new office has an open flexible floor plan allowing for workshops of varying capacity and private consulting rooms for 1:1 business advising to individuals that meet the eligibility requirements of the contract. We have 2 full time staff advisers serving the Ukiah area on site. Our rates are posted by task in our cost proposal. For more information and details on West Company contact: Mary Anne Petrillo Chief Executive Officer Office: 707 964 7571 Mobile: 510 504 3284 Email: maryanne@westcompany.org 2.Key Personnel Qualifications Staff Mary Anne Petrillo, CEO of West Company Ms. Petrillo was hired in January 2017 to build capacity and deliver new programs including training/workshop and business advising to meet the needs of the new economy. She came to this position with decades of management experience and business ownership. Petrillo’s resume includes over 25 years of strategic marketing and communication experience in the education and the high-tech sector. She began her career as an entrepreneur running her own communications agency in downtown San Francisco, serving clients in the financial, healthcare and construction industries. She was an early adopter of technology and advocated for its use as a learning tool within the public education system. Later she became a Director of Marketing for several national education technology companies, including Scientific Learning, Kaplan K12, Achieva.com, and The Learning Company. Prior to this appointment, Petrillo worked for nine years in corporate social responsibility as the digital strategy lead for Cisco in San Jose. Her work there centered on creative ways to stimulate dialogue on how innovative technologies are being used by non-profits to address some of today’s most difficult social challenges. In her role at West Company she advocates for rural small businesses to have equal opportunities to unlock their innovation and growth potential. With her global perspective in marketing and 8 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 5 communications she has introduced creative ways to engage small businesses on tactics to be better prepared to thrive in the new economy. Jo Williams, Administrative Assistant Jo has been an administrative coordinator at West Company since April 2017. Over that time she has been diligent in processing and reviewing over 200 CDBG Self-Certifications, as well as compiling and maintaining client files to ensure adherence to CDBG program guidelines. From the corporate world to teaching at the elementary school level to running a non-profit organization, Jo has allowed her many interests to be expressed throughout her career. Pursuing an education, she earned an M.A. in Education and taught at the elementary school level. She moved on to work with the Sacramento County Office of Education as a curriculum writer, workshop facilitator and presenter. Pursuing an interest in assisting individuals nearing end of life, Jo became a certified massage therapist specializing in working with several hospices in Sacramento. She founded and ran a non-profit organization providing support to those with chronic and terminal illness. Steve Lamb, Client Services Manager Steve Lamb is the Client Services manager for West Company. He brings over 20 years’ experience in management and operations in the telecommunications industry. Steve works in the Ukiah office and is knowledgeable with most of the business owners in the downtown district of the 90 LMI clients currently registered in the West Company database Steve has worked advising 90% of that client base. Steve’s particular areas of expertise include strategic and tactical planning, cost of goods analysis, budgeting and Human Resource management, and creating and maintaining positive relationships with governmental and regulatory agencies. Steve also excels in helping businesses maximize employee productivity and maintaining high employee morale, managing high risk employees, and developing supervisors and managers. Kevin Williams, Client Services Manager Mr. Williams has over 25 years of leadership experience in Fortune 100 companies. He has a diverse background in the telecommunications field and in the cable television industry. As a founder and managing partner of FutureDecisions LLC he spent 9 years working primarily with non-profit organizations, government agencies and the private sector consulting on career planning, workforce succession planning, strategic planning, generational challenges, human resources and leadership coaching. His last corporate position was that of Vice President of Customer Service in the cable industry. He holds a Master’s degree in Organizational Development and Human Resources. At the West Company his areas of expertise include human resources, operational issues, and marketing and general business dynamics. He brings a wealth of knowledge to the position founded in his years in large corporations and running his own successful business. Specialty Consultants Nancy Banker,Financial Consultant Nancy S. Banker joined the West Company as a contract consultant in 2009. Since then she has advised more than 135 West Company clients. Nancy has over 35 years of experience in multiple markets including small rural business development and operations, software as a service, healthcare and 9 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 6 educational research and development. She currently devotes her time to mentoring and assisting rural small businesses to thrive, overcome financial obstacles and succeed in a difficult economic and climate. Ms. Banker has helped small businesses overcome difficulties; buy, sell or expand a business; secure financing; improve operations; manage partnership relations; recruit and manage employees; and negotiate difficult situations. Donna Montag, Financial Analysis Consultant Donna Montag joined West Company as a contract consultant in 2012 and specializes in management accounting. Donna has over 20 years of experience doing senior accounting work and is a certified management accountant with both broad and deep experiences in the analysis of financial statements and in computer systems. Donna can assist business owners in evaluating bookkeeping systems and bookkeepers, and in determining what individuals can and cannot do for themselves. She has experience as a “fixer” who can go into a complicated situation, clean up a mess, and get the business back on track. She is also skilled at helping business owners streamline and improve the efficiency of their financial systems. She excels at helping local businesses improve their business models. Steve O’Mara, Business Development & Marketing Consultant Stephen “SteveO” O’Mara is the owner of O’Mara & Company Consulting which provides development and training resources for individuals, agencies, organizations, and entities seeking feasibility research, planning, training, and support for business and work-readiness interests and activities. He has been working with West Company microenterprise clients in inland Mendocino County since 2002. SteveO’s primary service location is Ukiah. He has assisted clients in a myriad of business sectors including business valuation, retail, wholesale, light manufacturing, service, and community service. SteveO is developer and instructor for West Company’s Business Basics workshop. SteveO also teaches Business courses at Mendocino Community College and provides training and curriculum for job seekers at MPIC, Inc., one of West Company’s economic development partners in Mendocino County. Megan Goodall, Bookkeeping and accounting As the founder and President of Bastion Bookkeeping, Megan brings a fresh approach to helping clients understand the importance of tracking finances. She is a certified bookkeeper, profit first analyst, Quickbooks Online ProAdvisor, Certified Xero Partner, and a specialist in financial analysis. With extensive education and training in both applied behavior analysis and bookkeeping, she utilizes the best, most efficient, time saving and money saving strategies in today’s market resulting in thriving business performance, business growth, and increased profitability for clients she works with. Joyce Perlman, Brand identity Consultant Joyce Perlman is an accomplished Design Producer with over 20 years of experience directing user interface design and visual communication projects for leading technology companies, including Adobe, Amazon, Apple, Electronic Arts, and growing startups. She is proficient at directing creative teams tasked with executing strategy, design, user experience and programming for marketing communications projects, mobile and online. Joyce is working with West Company clients on Branding, Marketing and Design Strategy. She has developed a methodology for working with small businesses to guide them in defining their brand, target market and key messages, focusing on how it is applied to their marketing communication deliverables; identity, collateral, and websites. : West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 7 Anni Minuzzo, Food and Beverage consultant Anni has decades of experience advising and coaching food industry entrepreneurs through the product development, licensing and sales and marketing process for specialty foods and beverages. As a longtime adviser working in Napa and Sonoma with the small business development centers, Anni has joined West Company as our newest specialty advisor. Cynthia Lamon, Patent Agent Cynthia Lamon is a versatile professional with more than 17 years of experience in intellectual property specializing in patent drafting, searching and prosecution on a global scale. She is a registered patent Agent with the United States Patent and Trademark Office with expertise in telecommunications, electrical, computer/software, and Biotech (Green Industrial Friendly), as well as comprehensive understanding of new AIA laws and new patentability determination procedures. 3.Relevant Experience During the time period from the mid 1990's to the present, West Company has managed the Microenterprise Technical Assistance (META) contracts from the California Department of Housing and Community Development (HCD) state agency for Mendocino County, the City of Fort Bragg CDBG grants, City of Ukiah, and Glenn County. While there has been leadership changes in the past year West Company has a well-documented training program for staff and consultants so that they can successfully execute on the delivery of all components of the CDBG META. We have managed as many as four contracts over different, but simultaneous periods of time, with similar but slightly different deliverables. We have operated these with integrity and attention to detail and have resolved any challenge that arose in a timely manner. With each contract we implement what we have learned from prior experiences and the organization has matured into one that is transparent and responsive. When awarded a new contract, all staff are instructed how to implement the contract. Staff is trained to use our Neoserra database system which enables us to collect the demographic details of each client and track the progression of advancement. Every client attends an orientation process where they complete an HCD self-certification. At the end of each year we provide our CDBG funders an Annual Completion Report that includes direct benefit data by business and by business owner’s family. At the completion of the grant, West Company provides a report on Micro TA grant pro-am to submit to the state. As the host of the Mendocino SBDC and WBC, we annually go through both financial and programmatic reviews for consistency, compliance, and internal controls. We have an external audit prepared by a third party Certified Public Accountant firm. We are currently in good standing and compliance with all of our grantors. 4.CDBG META References PUBLIC AGENCIES 21 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 8 Natalie Gregory Special Projects Manager, City of Fort Bragg 416 N. Franklin Street Fort Bragg, CA 95437 (707) 961-2827 ext. 114 jowen@fortbragg.com Adrienne Thompson Administrative Services Manager Mendocino County Planning & Building Services 860 North Bush Street, Ukiah, CA 95482 (707) 234-6650 thompsoa@co.mendocino.ca.us Carmel Angelo, Chief Executive Officer, County of Mendocino Main Office: 860 N. Bush St, Ukiah, CA 95482 Phone: (707) 463-4281 5.Scope of Services and Timeline Tasks Necessary to Accomplish All Activities West Company has been a CDBG Microenterprise Technical Assistance Program provider since 1993. Many of the tasks described in this proposal are already part of our standard working procedures when working with CDBG META Clients. There are 10 major areas to be completed. 1.Review, monitor, recommend refinements, and/or otherwise adhere to the City’s most recent Microenterprise Technical Assistance Services Program Guidelines and Program Income Reuse Agreement. As we have experience since 1993 with executing Microenterprise Technical Assistance (META), for the City of Fort Bragg and the County of Mendocino, we have protocols in place that follow the guidelines determined by the State Department of Housing and Community Development (HCD). For the City of Ukiah, we will implement and monitor the guidelines for the META Program by first reviewing with staff and then designing or refining protocols, as appropriate. META will be provided only to participants eligible that either reside in City of Ukiah jurisdictional boundaries or have a business within the jurisdictional boundaries. West Company's standard practice is to ask participants to complete an online application that includes basic contact information and demographics. We meet face-to-face so participants may learn more about our program and self-certify to determine that the family is low or moderate income (LMI). We mark their record in Neoserra, our database, as LMI. Case notes and other activities are recorded under their record. We maintain Technical Assistance files that document the 22 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 9 participant’s engagement and progress. The database records can be queried to create reports. As a regular course of business, we document our progress in fulfilling our commitments to funders on a monthly basis. We call this report Target Summaries. This report is reviewed by management and adjustments are made to our marketing to reach our goals and commitments. 2.Provide program outreach, networking and marketing as needed to identify, contact and attract prospective eligible microenterprises and micro-entrepreneurs. A marketing plan will be produced at the successful receipt of a contract to provide services. Specific tasks will be assigned to staff/consultants to carry out. We will provide a robust outreach program which includes communication in all digital media outlets including Facebook, Twitter, LinkedIn and starting in January 2018, Instagram. Additionally, our Standard Operating Procedure for all outreach include our website, the Ukiah Chamber of Commerce, the Ukiah Main Street Program and the Ukiah Saturday Afternoon Club. We co-host a bimonthly radio program on the Mendocino economy with KZYX community radio called Mendocino Works. We publish postcards, flyers, newsletters, articles, and news releases about our services and the success of clients who have received Microenterprise Technical Assistance from us. Our in person networking includes attending and presenting to local economic development providers, business leaders, city and county staff, Mendocino college, workforce development providers, chamber of commerce, Hispanic and Native American tribal leaders. We have also initiated direct mail programs to business license holders’ physical address and city residents in cooperation with the City of Fort Bragg’s mailers. Our marketing technology tools include Constant Contact, Eventbrite, Survey Monkey, and Smart Sheets. 3.Perform income screening and collection of demographic and otherrequired data of applicants to determine eligibility and to comply with grant reporting requirements, utilizing appropriate income certification methods per CDBG regulations depending upon services to be utilized by clients. Each new client that comes to West Company goes through an orientation and screening process with a qualified business adviser. This allows us to capture required data that complies with CDBG regulations. Our forms, contracts, checklists, procedures, and agreements are designed to be useful for required reporting to program administration by the program operator. In addition, each document is fully reviewed with our client so they understand the purpose of the data collection. Upon contract award we will seek out Ukiah City's recommendation of any adjustment, as needed, to mentioned documents. 4.Perform CDBG-compliant Self-Certification or Part V Income Certification per the most recent HUD/HCD guidance as appropriate and perform other program eligibility reviews per City Program Guidelines and CDBG regulations. All income certifications approved by the Program Operator must be presented for City review. West Company uses the current Self-Certification form designed by HCD to determine eligibility and income screening. It follows the requirements set forth by CDBG/HUD/HCD regulations and collection of demographics and other data about applicants. In addition, we will add a few key questions to collect demographic information required for the annual report. Part 5 is generally not used in the 23 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 10 META program but is applied to those seeking financial assistance. This response does not cover financial assistance. If it becomes required West Company will complete this process. Copies of the self-certification forms for ongoing monitoring will be submitted with monthly invoices. We will be responsive to requests for additional data collection or, adjustments to the monthly monitoring report within 10 to 15 business days after notification of the request. We currently have 78 Ukiah CDBG certified participants in our system. 5.Provide needs assessment and identify strategies for provision of service; provide referrals for business support and technical assistance when appropriate, and provide direct business support and technical assistance to eligible microenterprises and micro-entrepreneurs. The program participants with whom we work are eligible microenterprises and micro- entrepreneurs. For these program participants, West Company performs a needs assessment, identifies and creates a plan for the services we provide, and gives the referrals for business support and technical assistance, when services are needed that we do not provide. On an on-going basis, we provide business support and technical assistance to program participants. 6.Utilize a program-tracking/evaluation system to provide client demographic statistics and evaluation data about services provided (number of clients served, number of business plans developed, etc.) as well as outcomes (number of jobs created, number of businesses formed, etc.) and provide reports to City as necessary for grant reporting and program monitoring. West Company uses a program-tracking and evaluation system called Neo Serra. It is a data base in which staff, consultants and clients can input relevant data. This data base enables West Company to collect demographics, milestones such as business plans, loan applications and economic impact such as jobs created, businesses started and value of loans made. We also collect details of our trainings and workshops including sign in sheets and curriculum. 7.Coordinate with City staff to ensure timely submittal of all data, reports and cash requests associated with the program. Our client database file system (Neoserra) collects required data and support documentation that appropriately identifies Technical Assistance applications and activities. This information is documented after each interaction with our clients to ensure that data compiled is relevant and current. At any time requests may be made by the City of Ukiah to West Company on particular clients or training / workshop. Each month our invoicing includes clients served, tasks performed and hours used. 8.Prepare for and attend grant monitoring visits as necessary. West Company has experience planning for and attending grant monitoring visits, as necessary. We will coordinate with City staff to submit all data, reports, and cash requests in a timely way. 9.Provide other needed support and technical assistance to ensure accomplishment of the City’s microenterprise program. 24 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 11 We strive to ensure that our client’s long term goals are looked at holistically. To that end we have staff advisers knowledgeable in all general aspects of business development providing technical assistance which is foundational to business growth. Staff is supported by business advisers who are specialist in a variety of areas that may be needed by clients along their journey. These specialist may include some of the following fields: marketing, financial, technology, and hospitality. Success in business development is success in Ukiah City’s microenterprise program. 10.Indicate the location where services will be provided. With the exception of web-based remote trainings, all services should be provided in a location accessible to persons with disabilities. Services should also be provided in a location easily accessible to Ukiah-based low- and moderate-income participants, so that the cost of transportation is minimized. All services provided through this contract will be held through our satellite Ukiah office located in the downtown Ukiah business district at 185 E. Church St. This new office has an open flexible floor plan with 1270 square feet of space allowing for workshops of varying capacities. The space has been fully wired with high speed internet and smart TV technology to allow clients to utilize technology as needed for online learning and multi-media presentations. We also provide private consulting rooms for 1:1 confidential business advising to individuals that meet the eligibility requirements of this contract. City of Ukiah CDBG TIMELINE Q1Q2Q3 Q4 Q1 Q2Q3 Oct -Jan-Apr-July - Jan-Mar Apr-June July - Sept Dec Mar June Sept 2018 2018 2018 2018 201920192019 Ascertain readiness/New 05 15 20 20 20 10 Client intake Counseling 409 Hours Service Plans/SOW 102525352010 Workshops/Trainings 0 2122 2 1 Specialized Group 01 2 3 3 1 Facilitations Reports XX X X X X Marketing Plan X 6. Insurance West Company will comply with the specified insurance requirements. Upon successful award of this contract West Company will provide a certificate of insurance within 15 daysof receipt of signed contract. 25 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 12 7.Lawsuits There are no current lawsuits against West Enterprise Center DBA West Company 8.Budget and Task Matrix Microenterprise Assistance Task Matrix West Company will complete all of the tasks outlined in the City of Ukiah RFP task matrix (see Attachment C - Exhibit 7). For purposes of this proposal, the task list has been grouped by owner of task which we have defined as follows: Direct Program Administration includes but not limited to: Generate Fiscal / Performance Reports – Fiscal reports are generated monthly based on activity recorded in Neoserra database and West Company QuickBooks. Any other request for fiscal reports can be provided within 15 business days. Performance reports required annually and semi-annually can be generated within 20 business days Coordinate grant activities with Program Operator and Grantee – We will stay in touch with the City of Ukiah contact to determine when coordination is needed. Prepare and submit cost allocation plan as needed – We will determine how to complete this based on the request. Attend HCD Workshops – We will participate in HCD workshops and budget for lodging, ground transportation and meals in the annually approved West Company budget. Outreach Development includes but not limited to: Creation of a strategic marketing plan to engage eligible entrepreneurs to our programs Regular creation of relevant content for all digital media outlets including Facebook, Twitter, and Instagram. Development of a landing page for outreach promotion of our workshop trainings and networking salons. Engagement and development of the use of a variety of broadcasting tools including radio and video production Collateral development of postcards, flyers, newsletters, articles, and news releases about our services and the success of clients who have received Microenterprise Technical Assistance. Lectures and presentations to in-person networking organizations including but not limited to Rotary clubs, Women in Business Networks, Chamber of Commerce, City and County staff meetings, Mendocino College, workforce development providers, Hispanic and Native American tribal organizations. Upon contract award we will seek to co create direct mail campaigns with the City of Ukiah to attract CDBG compliant business license holders’ and city residents in the city’s mailers. MicroEnterprise Technical Assistance includes but not limited to: Ascertain Readiness/Creation of Service Plan (SOW). The initial meeting with a client investigates their general readiness to begin to work on their business growth. Staff reviews backgrounds and researches the areas to be focused on during a given scope of work (SOW). Each SOW has on average a 10-hour 26 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 13 contract period to complete a task. During the first meeting with a newly enrolled participant, the counselor starts a business feasibility or business financial model review to determine the content for the service plan. In the case of an aspiring micro entrepreneurs, it is often to write a business plan. Existing business owners’ service plans vary based on the interview and assessment. One-on-one consulting during the contract period. Consulting is offered on a continuous basis. One-on- one consulting will advise clients in business feasibility, business planning, business management, financial management, profit and cash flow planning, marketing strategy development, and technology enhancement. One-on-one consulting also will include assisting program participants with website development planning and on-line selling fundamentals. Counseling sessions with eligible, enrolled participants comprise both the face time and preparation time needed to address the agreed upon goals. In the course of these sessions, barriers are identified which we may be able to offer a support service to address or a referral for services in the community. We have a 24 hour cancellation policy. In the event that the client does not show for scheduled counseling 50% of fee is invoiced. Business Training / Workshops designed for a one to many experience. Two or more eligible microenterprises and micro-entrepreneurs can attend any of our offerings through the contract period. Example of the training / workshop follows: Business Basics: Turning Ideas into Action A robust 90 min overview of all the basics to start a business and keep an entrepreneur in business. For the vast majority of entrepreneurs owning their business provides them with the ability to put their ideas into action, build community and gives them the freedom to choose their own path. This workshop provides start-up guidance, and a general overview of elements to consider when starting and owning a business. Topics Include: Business Licensing (This spring available in Spanish) Improve Your Social Profile and Expand Local SEO A strong social profile is a great asset for building your online presence. It expands your reach, improves customer retention and amplifies your promotional content. But it can also be great for capturing more local search visibility for your business brand. This workshop will teach you some of the most important things a small business can do to improve its local Search Engine Optimization (SEO). Digital Tools You Need to Grow Your Business, Right Now! There is a massive library of free online productivity tools and software available to the business owner in today’s digital economy. But, understanding and applying the right tools for your business needs is the hard part. Financial Systems That Support Your Goals Business owners often think about money. Yet many are not planning for what to do when they have more of it. This workshop provides four key elements of a financial management system that will give a business owner the information necessary to grow,understand how to apply this information to day to day decisions and what it tells you about the future of your company. 27 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 14 Where Do I Start with Social Media and How Can It Help My Business Grow? Social media will continue to be the key strategic tool used by most business to attract customers and drive loyalty. The algorithms for these channels is constantly evolving. We want our business owners to be knowledgeable of current trends and ways to attract new business so the start on the right path with Social Media marketing. QuickBooks Know How– This workshop series focuses on teaching both startups and more established business entrepreneurs QuickBooks accounting software, in order to help them work more efficiently through attaining a better insight on their business performance. Specialized Group Facilitation includes but not limited to: West Company is providing new services to microenterprises and micro-entrepreneurs to keep up with new strategies used by industry experts to help grow their business. In addition we will provide vision and goal setting to new entrepreneurs wishing to build their business in the City of Ukiah but are at the early stages of development. We will provide these types of services to eligible program participants through peer to peer networking and online webinars and traditional in-house workshops. A sample of special interests follows: Valuing Yourself - Valuing Your Business - Understand the 3 biggest leaks in business and how to fix them: 1. Under-earning, 2. Over-delivering, 3. Under-valuing. Networking with fellow entrepreneurs and learn how to: · Stop the leaks in your business · Create strong boundaries · Increase your value to your clients · immediately increase money-making opportunities · Create, plan, and reach your money goal. Profit Mastery – The Profit Mastery program focuses on businesses that either manufacture or re-sell products, including food businesses and retail outlets that are already in business and want to grow and expand. Many business owners in Ukiah struggle with managing the financial aspects of their businesses. Profit Mastery is a 16-hour intensive program that provides key financial management tools that allow business owners to improve the efficiency of their business, increase profits, and manage debt. On-going consulting and technical support will be provided to assist business owners through implementation. Tuesdays with TED TED is commonly known as a video channel devoted to spreading ideas, usually in the form of short, powerful talks on Technology, Entertainment and Design. It has grown to cover almost all topics — from science to business to global issues. We will create a networking opportunity by forming a salon that allows eligible micro entrepreneurs to meet, view TED lectures and then discuss timely topics that may influence their business trajectory. Is Your Business a Force For Good? Become a Certified B Corp to Build a Better Business- 28 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 15 Did you know that 73% of consumers care about the company’s sustainability goals, not just the product, when they consider purchasing? In today’s economy, can a for-profit business owner put into action their social and environmental beliefs while improving the bottom line? Common-Sense Online Security for Small Businesses - As our digital connectivity to people, places and things continues to grow, we must all learn new ways to be safe online. It's the equivalent of learning to buckle your seat belt when you get into your car, and not send text messages while driving. Despite all the frightening terms used (hacking, phishing, etc.), common sense and a little bit of training/workshop can go a long way towards making your business more secure. This workshop will teach you the basics on protecting your data and personal files. Task Matrix for City of Ukiah CDBG META Administration Hourly rate $ 65 Generate Fiscal/Performance Reports Compile/maintain grant Public Information files Compile/maintain client files (separate TA/SS/FA) Collect and track eligible, enrolled participant data Prepare and submit cost allocation plan as needed Create database to match participant data collection Determine indicators for tracking Gather baseline data on potential participants Field calls from potential participants Set up courses and schedules for eligible, enrolled participants Field calls from enrolled, eligible participants Coordinate grant activities with Program Operator and grantee Executive AdministrationHourly rate $120 Report on program outcomes Meet with local economic developers to solicit referrals Report on progress to Grantee and local governing body Monitor achievement of goals Oversee program implementation and activities Evaluate program effectiveness Marketing Development Hourly Rate $ 120 Coordinate course offerings with community colleges and other providers Create and distribute program flyers and newsletters Write press releases and market Microenterprise services Create and update the program website Business Consultants Hourly rate $160 Determine business size and eligibility as a Microenterprise META -Income screen for TIG status to establish eligibility Ascertain readiness of potential participants Ascertain readiness in eligible, enrolled participants 29 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 16 Create service plan for eligible, enrolled participant Assist in preparing business plan and marketing strategy Meetings/counsel sessions with eligible, enrolled participants Gather baseline data on eligible, enrolled participants Guide enrolled participants in resolving business issues Specialty trainer $250 per hour Conduct courses Curriculum Development Class/Training Preparation Microenterprise Assistance Task Matrix (April 2018-Oct. 2019) Direct Program Administration HoursRateTotal Fiscal / Performance Reports (Monthly)90$120.00 $10,800 Compliance Tracking and Monitoring (Monthly)401$65.00 $26,065 Outreach Development Planning and Content development (Monthly) 207$120.00 $24,840 Microenterprise Technical Assistance 1 on 1 consulting during the contract period409$160 $65,440 Per Occurrence RateTotal Ascertain Readiness 90$225.00 $20,250 Creation of Service Plan (SOW) 125$225.00 $28,125 Specialized Group Facilitation 10$3,200 $32,000 Business Training / Workshops10$2,500 $25,000 Total$232,520 9. Professional Services agreement West Company has no issues with the City of Ukiah’s Exhibit E. We regularly submit anti lobbying, conflict of interest and have a standing practice to all applicable provisions outlined in Attachment E 10.City of Ukiah Grant Agreement West Company has reviewed Attachment D and E and will comply with The City’s CDBG Grant Agreement with the State Department of Housing and Community Development as set forth in the Grant Agreement, Federally required contract provisions for Community Development Block Grant (CDBG)-Aided Consultant Contracts. 11.Signed Proposal See Below 2: West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 17 March 23, 2018 Mary Horger Procurement Manager City of Ukiah Email: mhorger@cityofukiah.com Re: CDBG META Grant: #16-CDBG-11147 As an Officer of West Enterprise Center DBA West Company the attached proposal and its content are true and accurate for the Request for Proposal by the City of Ukiah for CDBG META Grant:#16-CDBG-11147. ________________________________ Mary Anne Petrillo Chief Executive Officer West Company 31 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 18 32 Pr oposal for the Administration of the Microenterprise Assistance Services for the City of Ukiah, CA Submitted by West Enterprise Center Inc., dba West Company Contact: Mary Anne Petrillo, CEO 185 E. Church St. Ukiah, CA (707) 964-7571 E-mail: maryanne@westcompnay.org 33 34 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 2 Table of Contents 1. Firm Description and Contact Information .............................................................................................. 4 2. Key Personnel Qualifications ................................................................................................................... 5 Mary Anne Petrillo, CEO of West Company .......................................................................................... 5 Jo Williams, Administrative Assistant ................................................................................................... 6 Steve Lamb, Client Services Manager ................................................................................................... 6 Kevin Williams, Client Services Manager .............................................................................................. 6 Nancy Banker, Financial Consultant...................................................................................................... 6 Donna Montag, Financial Analysis Consultant ...................................................................................... 7 Steve O’Mara, Business Development & Marketing Consultant .......................................................... 7 Megan Goodall, Accounting and Bookkeeping ..................................................................................... 7 Joyce Perlman, Brand identity Consultant ............................................................................................ 7 Anni Minuzzo, Specialty Food & Beverages Consultant ………………………………………………….………..…….8 Cynthia Lamon, Patent Agent………………………………………………………………………………………….……………….8 3. Relevant Experience ................................................................................................................................. 8 4. CDBG META References ............................................................................................................................ 8 5. Scope of Services………….………………………..……………………………………………………………………………….………….9 Tasks Necessary to Accomplish All Activities ............................................................................................ 9 Schedule of Work .................................................................................................................................... 12 6. Insurance…………………………………………………………………………………………..…….………………………..………………12 7. Lawsuits…………………………………………………………….…………….………………..…….………………………..………………12 8. Budget and Task Matrix ……………………..………………………………..…………..…….………………………..………………13 Microenterprise Assistance Task Matrix ................................................................................................. 13 Budget……………………………………………………………………………………………………………………………………………….17 9. Professional services agreement for City of Ukiah…………………..……….………….…..…….…………………………17 10. City’s CDBG Grant Agreement …………….………………………….…….………..…….………………………..………………17 11. Signed proposal ………………………………………………………………………………………………………………………………18 35 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 3 1.Firm Descriptionand Contact Information West Enterprise Center, Inc. dba West Company, a nonprofit with a focus on providing entrepreneurship education, financial literacy, access to capital and strategic marketing knowledge for business owners throughout Mendocino County, CA. We serve our clients through confidential, customized one-on-one business consulting and training and workshops. We provide microenterprise technical assistance to build economic resiliency and reduce poverty, which enables communities to thrive. We define microenterprise as a business with five or fewer employees. For over 30 years we have served Mendocino County aware that often when a new client walks through the door of West Company for the first time he/she is taking a significant step in fulfilling a dream. It is an honor and a humbling experience to work with clients to assist in making that dream a successful reality and contributing to the economic growth of our community. We currently have two full-time employees and one part-time employee. We provide services to Mendocino County with offices in Fort Bragg and Ukiah. Our recent move to a new location in downtown Ukiah was to be strategically positioned in a location that has easy access for residents and business owners in the City of Ukiah. The office is designed to take advantage of a variety of learning styles from 1:1 counseling to in-person workshop to online webinar training. The offices provide accessibility to persons with disabilities and located in an area easily accessible to Ukiah-based low- and moderate-income participants, so that the cost of transportation is minimized. Each office has one direct service provider and one program development staff person. We have contracts with six business advisors with specialties in advanced business experience. Through our funders, the Small Business Development Center (SBDC) and the Women’s Business Center (WBC), we are able to access additional specialists who may not be readily available in the county. The Executive Director provides the supervision for employees and contractors, and also provides direct services to clients. As a company, we provide services to a continuum of clients from the aspiring entrepreneur, to the early stage business owner, to the established business owner with the goal to expand or sell. All of our services and the $456,000 annual budget support our mission to assist microbusinesses with growth, self-sufficiency for business owners, and economic development in Mendocino County. One of the most important groups we serve are the low to moderate income (LMI) individuals aspiring to established business ownership. Our service is supported by funding from the County of Mendocino and Fort Bragg Community Development Block Grant. We have actively delivered training/workshop and technical assistance with the Microenterprise Technical Assistance (META) grants since 1993. West Company provides assistance with planning for a business, accessing capital, financial models of the business, technology integration and digital marketing strategies. West Company also provides additional advising to LMI entrepreneurs that suffer from bad credit, personal financial issues, time management issues, and lack of business skills. West Company continues to be a leader in the microenterprise industry as a Member of California Association of MicroEnterprise Opportunity (CAMEO) and the Association of Women’s Business Centers and is a founder of both the national and state wide industry associations, Association of Enterprise Opportunity (AEO) and CAMEO in the early 1990's. In addition, West Company hosts the Mendocino Women's Business Center (WBC) whose mission is to serve disadvantaged women and female entrepreneurs. West Company also hosts the Mendocino Small Business Development Center (SBDC) whose mission is to serve existing businesses with expansion and stabilization plans. Both of these Small 36 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 4 Business Administration (SBA) programs allow us to offer services to businesses that do not meet the income requirements of the Community Development Block Grant program, giving us flexibility in meeting the holistic needs of our local business community. In 1992, we incorporated as a 501(c)(3) and changed our name from the acronym WEST Company (W omen's E conomic S elf-Sufficiency T raining Company) to West Company. The name change signaled our continuation to serve women and opening of our services to men. All services for this contract will be provided at our satellite Ukiah office located at 185 E. Church St. central to the downtown Ukiah business district and conveniently near public transportation. The new office has an open flexible floor plan allowing for workshops of varying capacity and private consulting rooms for 1:1 business advising to individuals that meet the eligibility requirements of the contract. We have 2 full time staff advisers serving the Ukiah area on site. Our rates are posted by task in our cost proposal. For more information and details on West Company contact: Mary Anne Petrillo Chief Executive Officer Office: 707 964 7571 Mobile: 510 504 3284 Email: maryanne@westcompany.org 2.Key Personnel Qualifications Staff Mary Anne Petrillo, CEO of West Company Ms. Petrillo was hired in January 2017 to build capacity and deliver new programs including training/workshop and business advising to meet the needs of the new economy. She came to this position with decades of management experience and business ownership. Petrillo’s resume includes over 25 years of strategic marketing and communication experience in the education and the high-tech sector. She began her career as an entrepreneur running her own communications agency in downtown San Francisco, serving clients in the financial, healthcare and construction industries. She was an early adopter of technology and advocated for its use as a learning tool within the public education system. Later she became a Director of Marketing for several national education technology companies, including Scientific Learning, Kaplan K12, Achieva.com, and The Learning Company. Prior to this appointment, Petrillo worked for nine years in corporate social responsibility as the digital strategy lead for Cisco in San Jose. Her work there centered on creative ways to stimulate dialogue on how innovative technologies are being used by non-profits to address some of today’s most difficult social challenges. In her role at West Company she advocates for rural small businesses to have equal opportunities to unlock their innovation and growth potential. With her global perspective in marketing and 37 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 5 communications she has introduced creative ways to engage small businesses on tactics to be better prepared to thrive in the new economy. Jo Williams, Administrative Assistant Jo has been an administrative coordinator at West Company since April 2017. Over that time she has been diligent in processing and reviewing over 200 CDBG Self-Certifications, as well as compiling and maintaining client files to ensure adherence to CDBG program guidelines. From the corporate world to teaching at the elementary school level to running a non-profit organization, Jo has allowed her many interests to be expressed throughout her career. Pursuing an education, she earned an M.A. in Education and taught at the elementary school level. She moved on to work with the Sacramento County Office of Education as a curriculum writer, workshop facilitator and presenter. Pursuing an interest in assisting individuals nearing end of life, Jo became a certified massage therapist specializing in working with several hospices in Sacramento. She founded and ran a non-profit organization providing support to those with chronic and terminal illness. Steve Lamb, Client Services Manager Steve Lamb is the Client Services manager for West Company. He brings over 20 years’ experience in management and operations in the telecommunications industry. Steve works in the Ukiah office and is knowledgeable with most of the business owners in the downtown district of the 90 LMI clients currently registered in the West Company database Steve has worked advising 90% of that client base. Steve’s particular areas of expertise include strategic and tactical planning, cost of goods analysis, budgeting and Human Resource management, and creating and maintaining positive relationships with governmental and regulatory agencies. Steve also excels in helping businesses maximize employee productivity and maintaining high employee morale, managing high risk employees, and developing supervisors and managers. Kevin Williams, Client Services Manager Mr. Williams has over 25 years of leadership experience in Fortune 100 companies. He has a diverse background in the telecommunications field and in the cable television industry. As a founder and managing partner of FutureDecisions LLC he spent 9 years working primarily with non-profit organizations, government agencies and the private sector consulting on career planning, workforce succession planning, strategic planning, generational challenges, human resources and leadership coaching. His last corporate position was that of Vice President of Customer Service in the cable industry. He holds a Master’s degree in Organizational Development and Human Resources. At the West Company his areas of expertise include human resources, operational issues, and marketing and general business dynamics. He brings a wealth of knowledge to the position founded in his years in large corporations and running his own successful business. Specialty Consultants Nancy Banker, Financial Consultant Nancy S. Banker joined the West Company as a contract consultant in 2009. Since then she has advised more than 135 West Company clients. Nancy has over 35 years of experience in multiple markets including small rural business development and operations, software as a service, healthcare and 38 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 6 educational research and development. She currently devotes her time to mentoring and assisting rural small businesses to thrive, overcome financial obstacles and succeed in a difficult economic and climate. Ms. Banker has helped small businesses overcome difficulties; buy, sell or expand a business; secure financing; improve operations; manage partnership relations; recruit and manage employees; and negotiate difficult situations. Donna Montag, Financial Analysis Consultant Donna Montag joined West Company as a contract consultant in 2012 and specializes in management accounting. Donna has over 20 years of experience doing senior accounting work and is a certified management accountant with both broad and deep experiences in the analysis of financial statements and in computer systems. Donna can assist business owners in evaluating bookkeeping systems and bookkeepers, and in determining what individuals can and cannot do for themselves. She has experience as a “fixer” who can go into a complicated situation, clean up a mess, and get the business back on track. She is also skilled at helping business owners streamline and improve the efficiency of their financial systems. She excels at helping local businesses improve their business models. Steve O’Mara, Business Development & Marketing Consultant Stephen “SteveO” O’Mara is the owner of O’Mara & Company Consulting which provides development and training resources for individuals, agencies, organizations, and entities seeking feasibility research, planning, training, and support for business and work-readiness interests and activities. He has been working with West Company microenterprise clients in inland Mendocino County since 2002. SteveO’s primary service location is Ukiah. He has assisted clients in a myriad of business sectors including business valuation, retail, wholesale, light manufacturing, service, and community service. SteveO is developer and instructor for West Company’s Business Basics workshop. SteveO also teaches Business courses at Mendocino Community College and provides training and curriculum for job seekers at MPIC, Inc., one of West Company’s economic development partners in Mendocino County. Megan Goodall, Bookkeeping and accounting As the founder and President of Bastion Bookkeeping, Megan brings a fresh approach to helping clients understand the importance of tracking finances. She is a certified bookkeeper, profit first analyst, Quickbooks Online ProAdvisor, Certified Xero Partner, and a specialist in financial analysis. With extensive education and training in both applied behavior analysis and bookkeeping, she utilizes the best, most efficient, time saving and money saving strategies in today’s market resulting in thriving business performance, business growth, and increased profitability for clients she works with. Joyce Perlman, Brand identity Consultant Joyce Perlman is an accomplished Design Producer with over 20 years of experience directing user interface design and visual communication projects for leading technology companies, including Adobe, Amazon, Apple, Electronic Arts, and growing startups. She is proficient at directing creative teams tasked with executing strategy, design, user experience and programming for marketing communications projects, mobile and online. Joyce is working with West Company clients on Branding, Marketing and Design Strategy. She has developed a methodology for working with small businesses to guide them in defining their brand, target market and key messages, focusing on how it is applied to their marketing communication deliverables; identity, collateral, and websites. 39 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 7 Anni Minuzzo, Food and Beverage consultant Anni has decades of experience advising and coaching food industry entrepreneurs through the product development, licensing and sales and marketing process for specialty foods and beverages. As a longtime adviser working in Napa and Sonoma with the small business development centers, Anni has joined West Company as our newest specialty advisor. Cynthia Lamon, Patent Agent Cynthia Lamon is a versatile professional with more than 17 years of experience in intellectual property specializing in patent drafting, searching and prosecution on a global scale. She is a registered patent Agent with the United States Patent and Trademark Office with expertise in telecommunications, electrical, computer/software, and Biotech (Green Industrial Friendly), as well as comprehensive understanding of new AIA laws and new patentability determination procedures. 3.Relevant Experience During the time period from the mid 1990's to the present, West Company has managed the Microenterprise Technical Assistance (META) contracts from the California Department of Housing and Community Development (HCD) state agency for Mendocino County, the City of Fort Bragg CDBG grants, City of Ukiah, and Glenn County. While there has been leadership changes in the past year West Company has a well-documented training program for staff and consultants so that they can successfully execute on the delivery of all components of the CDBG META. We have managed as many as four contracts over different, but simultaneous periods of time, with similar but slightly different deliverables. We have operated these with integrity and attention to detail and have resolved any challenge that arose in a timely manner. With each contract we implement what we have learned from prior experiences and the organization has matured into one that is transparent and responsive. When awarded a new contract, all staff are instructed how to implement the contract. Staff is trained to use our Neoserra database system which enables us to collect the demographic details of each client and track the progression of advancement. Every client attends an orientation process where they complete an HCD self-certification. At the end of each year we provide our CDBG funders an Annual Completion Report that includes direct benefit data by business and by business owner’s family. At the completion of the grant, West Company provides a report on Micro TA grant pro-am to submit to the state. As the host of the Mendocino SBDC and WBC, we annually go through both financial and programmatic reviews for consistency, compliance, and internal controls. We have an external audit prepared by a third party Certified Public Accountant firm. We are currently in good standing and compliance with all of our grantors. 4.CDBG META References PUBLIC AGENCIES 3: West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 8 Natalie Gregory Special Projects Manager, City of Fort Bragg 416 N. Franklin Street Fort Bragg, CA 95437 (707) 961-2827 ext. 114 jowen@fortbragg.com Adrienne Thompson Administrative Services Manager Mendocino County Planning & Building Services 860 North Bush Street, Ukiah, CA 95482 (707) 234-6650 thompsoa@co.mendocino.ca.us Carmel Angelo, Chief Executive Officer, County of Mendocino Main Office: 860 N. Bush St, Ukiah, CA 95482 Phone: (707) 463-4281 5.Scope of Services and Timeline Tasks Necessary to Accomplish All Activities West Company has been a CDBG Microenterprise Technical Assistance Program provider since 1993. Many of the tasks described in this proposal are already part of our standard working procedures when working with CDBG META Clients. There are 10 major areas to be completed. 1.Review, monitor, recommend refinements, and/or otherwise adhere to the City’s most recent Microenterprise Technical Assistance Services Program Guidelines and Program Income Reuse Agreement. As we have experience since 1993 with executing Microenterprise Technical Assistance (META), for the City of Fort Bragg and the County of Mendocino, we have protocols in place that follow the guidelines determined by the State Department of Housing and Community Development (HCD). For the City of Ukiah, we will implement and monitor the guidelines for the META Program by first reviewing with staff and then designing or refining protocols, as appropriate. META will be provided only to participants eligible that either reside in City of Ukiah jurisdictional boundaries or have a business within the jurisdictional boundaries. West Company's standard practice is to ask participants to complete an online application that includes basic contact information and demographics. We meet face-to-face so participants may learn more about our program and self-certify to determine that the family is low or moderate income (LMI). We mark their record in Neoserra, our database, as LMI. Case notes and other activities are recorded under their record. We maintain Technical Assistance files that document the 41 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 9 participant’s engagement and progress. The database records can be queried to create reports. As a regular course of business, we document our progress in fulfilling our commitments to funders on a monthly basis. We call this report Target Summaries. This report is reviewed by management and adjustments are made to our marketing to reach our goals and commitments. 2.Provide program outreach, networking and marketing as needed to identify, contact and attract prospective eligible microenterprises and micro-entrepreneurs. A marketing plan will be produced at the successful receipt of a contract to provide services. Specific tasks will be assigned to staff/consultants to carry out. We will provide a robust outreach program which includes communication in all digital media outlets including Facebook, Twitter, LinkedIn and starting in January 2018, Instagram. Additionally, our Standard Operating Procedure for all outreach include our website, the Ukiah Chamber of Commerce, the Ukiah Main Street Program and the Ukiah Saturday Afternoon Club. We co-host a bimonthly radio program on the Mendocino economy with KZYX community radio called Mendocino Works. We publish postcards, flyers, newsletters, articles, and news releases about our services and the success of clients who have received Microenterprise Technical Assistance from us. Our in person networking includes attending and presenting to local economic development providers, business leaders, city and county staff, Mendocino college, workforce development providers, chamber of commerce, Hispanic and Native American tribal leaders. We have also initiated direct mail programs to business license holders’ physical address and city residents in cooperation with the City of Fort Bragg’s mailers. Our marketing technology tools include Constant Contact, Eventbrite, Survey Monkey, and Smart Sheets. 3.Perform income screening and collection of demographic and other required data of applicants to determine eligibility and to comply with grant reporting requirements, utilizing appropriate income certification methods per CDBG regulations depending upon services to be utilized by clients. Each new client that comes to West Company goes through an orientation and screening process with a qualified business adviser. This allows us to capture required data that complies with CDBG regulations. Our forms, contracts, checklists, procedures, and agreements are designed to be useful for required reporting to program administration by the program operator. In addition, each document is fully reviewed with our client so they understand the purpose of the data collection. Upon contract award we will seek out Ukiah City's recommendation of any adjustment, as needed, to mentioned documents. 4.Perform CDBG-compliant Self-Certification or Part V Income Certification per the most recent HUD/HCD guidance as appropriate and perform other program eligibility reviews per City Program Guidelines and CDBG regulations. All income certifications approved by the Program Operator must be presented for City review. West Company uses the current Self-Certification form designed by HCD to determine eligibility and income screening. It follows the requirements set forth by CDBG/HUD/HCD regulations and collection of demographics and other data about applicants. In addition, we will add a few key questions to collect demographic information required for the annual report. Part 5 is generally not used in the 42 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 10 META program but is applied to those seeking financial assistance. This response does not cover financial assistance. If it becomes required West Company will complete this process. Copies of the self-certification forms for ongoing monitoring will be submitted with monthly invoices. We will be responsive to requests for additional data collection or, adjustments to the monthly monitoring report within 10 to 15 business days after notification of the request. We currently have 78 Ukiah CDBG certified participants in our system. 5.Provide needs assessment and identify strategies for provision of service; provide referrals for business support and technical assistance when appropriate, and provide direct business support and technical assistance to eligible microenterprises and micro-entrepreneurs. The program participants with whom we work are eligible microenterprises and micro- entrepreneurs. For these program participants, West Company performs a needs assessment, identifies and creates a plan for the services we provide, and gives the referrals for business support and technical assistance, when services are needed that we do not provide. On an on-going basis, we provide business support and technical assistance to program participants. 6.Utilize a program-tracking/evaluation system to provide client demographic statistics and evaluation data about services provided (number of clients served, number of business plans developed, etc.) as well as outcomes (number of jobs created, number of businesses formed, etc.) and provide reports to City as necessary for grant reporting and program monitoring. West Company uses a program-tracking and evaluation system called Neo Serra. It is a data base in which staff, consultants and clients can input relevant data. This data base enables West Company to collect demographics, milestones such as business plans, loan applications and economic impact such as jobs created, businesses started and value of loans made. We also collect details of our trainings and workshops including sign in sheets and curriculum. 7.Coordinate with City staff to ensure timely submittal of all data, reports and cash requests associated with the program. Our client database file system (Neoserra) collects required data and support documentation that appropriately identifies Technical Assistance applications and activities. This information is documented after each interaction with our clients to ensure that data compiled is relevant and current. At any time requests may be made by the City of Ukiah to West Company on particular clients or training / workshop. Each month our invoicing includes clients served, tasks performed and hours used. 8.Prepare for and attend grant monitoring visits as necessary. West Company has experience planning for and attending grant monitoring visits, as necessary. We will coordinate with City staff to submit all data, reports, and cash requests in a timely way. 9.Provide other needed support and technical assistance to ensure accomplishment of the City’s microenterprise program. 43 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 11 We strive to ensure that our client’s long term goals are looked at holistically. To that end we have staff advisers knowledgeable in all general aspects of business development providing technical assistance which is foundational to business growth. Staff is supported by business advisers who are specialist in a variety of areas that may be needed by clients along their journey. These specialist may include some of the following fields: marketing, financial, technology, and hospitality. Success in business development is success in Ukiah City’s microenterprise program. 10.Indicate the location where services will be provided. With the exception of web-based remote trainings, all services should be provided in a location accessible to persons with disabilities. Services should also be provided in a location easily accessible to Ukiah-based low- and moderate-income participants, so that the cost of transportation is minimized. All services provided through this contract will be held through our satellite Ukiah office located in the downtown Ukiah business district at 185 E. Church St. This new office has an open flexible floor plan with 1270 square feet of space allowing for workshops of varying capacities. The space has been fully wired with high speed internet and smart TV technology to allow clients to utilize technology as needed for online learning and multi-media presentations. We also provide private consulting rooms for 1:1 confidential business advising to individuals that meet the eligibility requirements of this contract. Q1 Q2 Q3 Q4 Q1 June-Sept- Aug-0ct Nov-Jan Feb - May Aug Oct 2018 2019 2019 2019 2019 Ascertain readiness/New 10 20 25 25 10 Client intake Counseling 409 hours Service Plans/SOW 15 25252535 Workshops/Trainings 122 3 2 Specialized Group 02 2 3 3 Facilitations Reports X X X X Marketing Plan X 6. Insurance West Company will comply with the specified insurance requirements. Upon successful award of this contract West Company will provide a certificate of insurance within 15 days of receipt of signed contract. 7.Lawsuits 44 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 12 There are no current lawsuits against West Enterprise Center DBA West Company 8.Budget and Task Matrix Microenterprise Assistance Task Matrix West Company will complete all of the tasks outlined in the City of Ukiah RFP task matrix (see Attachment C - Exhibit 7). For purposes of this proposal, the task list has been grouped by owner of task which we have defined as follows: Direct Program Administration includes but not limited to: Generate Fiscal / Performance Reports – Fiscal reports are generated monthly based on activity recorded in Neoserra database and West Company QuickBooks. Any other request for fiscal reports can be provided within 15 business days. Performance reports required annually and semi-annually can be generated within 20 business days Coordinate grant activities with Program Operator and Grantee – We will stay in touch with the City of Ukiah contact to determine when coordination is needed. Prepare and submit cost allocation plan as needed – We will determine how to complete this based on the request. Attend HCD Workshops – We will participate in HCD workshops and budget for lodging, ground transportation and meals in the annually approved West Company budget. Outreach Development includes but not limited to: Creation of a strategic marketing plan to engage eligible entrepreneurs to our programs Regular creation of relevant content for all digital media outlets including Facebook, Twitter, and Instagram. Development of a landing page for outreach promotion of our workshop trainings and networking salons. Engagement and development of the use of a variety of broadcasting tools including radio and video production Collateral development of postcards, flyers, newsletters, articles, and news releases about our services and the success of clients who have received Microenterprise Technical Assistance. Lectures and presentations to in-person networking organizations including but not limited to Rotary clubs, Women in Business Networks, Chamber of Commerce, City and County staff meetings, Mendocino College, workforce development providers, Hispanic and Native American tribal organizations. Upon contract award we will seek to co create direct mail campaigns with the City of Ukiah to attract CDBG compliant business license holders’ and city residents in the city’s mailers. MicroEnterprise Technical Assistance includes but not limited to: Ascertain Readiness/Creation of Service Plan (SOW). The initial meeting with a client investigates their general readiness to begin to work on their business growth. Staff reviews backgrounds and researches the areas to be focused on during a given scope of work (SOW). Each SOW has on average a 10-hour contract period to complete a task. During the first meeting with a newly enrolled participant, the counselor starts a business feasibility or business financial model review to determine the content for 45 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 13 the service plan. In the case of an aspiring micro entrepreneurs, it is often to write a business plan. Existing business owners’ service plans vary based on the interview and assessment. One-on-one consulting during the contract period. Consulting is offered on a continuous basis. One-on- one consulting will advise clients in business feasibility, business planning, business management, financial management, profit and cash flow planning, marketing strategy development, and technology enhancement. One-on-one consulting also will include assisting program participants with website development planning and on-line selling fundamentals. Counseling sessions with eligible, enrolled participants comprise both the face time and preparation time needed to address the agreed upon goals. In the course of these sessions, barriers are identified which we may be able to offer a support service to address or a referral for services in the community. We have a 24 hour cancellation policy. In the event that the client does not show for scheduled counseling 50% of fee is invoiced. Business Training / Workshops designed for a one to many experience. Two or more eligible microenterprises and micro-entrepreneurs can attend any of our offerings through the contract period. Example of the training / workshop follows: Business Basics: Turning Ideas into Action A robust 90 min overview of all the basics to start a business and keep an entrepreneur in business. For the vast majority of entrepreneurs owning their business provides them with the ability to put their ideas into action, build community and gives them the freedom to choose their own path. This workshop provides start-up guidance, and a general overview of elements to consider when starting and owning a business. Topics Include: Business Licensing (This spring available in Spanish) Improve Your Social Profile and Expand Local SEO A strong social profile is a great asset for building your online presence. It expands your reach, improves customer retention and amplifies your promotional content. But it can also be great for capturing more local search visibility for your business brand. This workshop will teach you some of the most important things a small business can do to improve its local Search Engine Optimization (SEO). Digital Tools You Need to Grow Your Business, Right Now! There is a massive library of free online productivity tools and software available to the business owner in today’s digital economy. But, understanding and applying the right tools for your business needs is the hard part. Financial Systems That Support Your Goals Business owners often think about money. Yet many are not planning for what to do when they have more of it. This workshop provides four key elements of a financial management system that will give a business owner the information necessary to grow,understand how to apply this information to day to day decisions and what it tells you about the future of your company. Where Do I Start with Social Media and How Can It Help My Business Grow? 46 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 14 Social media will continue to be the key strategic tool used by most business to attract customers and drive loyalty. The algorithms for these channels is constantly evolving. We want our business owners to be knowledgeable of current trends and ways to attract new business so the start on the right path with Social Media marketing. QuickBooks Know How– This workshop series focuses on teaching both startups and more established business entrepreneurs QuickBooks accounting software, in order to help them work more efficiently through attaining a better insight on their business performance. Specialized Group Facilitation includes but not limited to: West Company is providing new services to microenterprises and micro-entrepreneurs to keep up with new strategies used by industry experts to help grow their business. In addition we will provide vision and goal setting to new entrepreneurs wishing to build their business in the City of Ukiah but are at the early stages of development. We will provide these types of services to eligible program participants through peer to peer networking and online webinars and traditional in-house workshops. A sample of special interests follows: Valuing Yourself - Valuing Your Business - Understand the 3 biggest leaks in business and how to fix them: 1. Under-earning, 2. Over-delivering, 3. Under-valuing. Networking with fellow entrepreneurs and learn how to: · Stop the leaks in your business · Create strong boundaries · Increase your value to your clients · immediately increase money-making opportunities · Create, plan, and reach your money goal. Profit Mastery – The Profit Mastery program focuses on businesses that either manufacture or re-sell products, including food businesses and retail outlets that are already in business and want to grow and expand. Many business owners in Ukiah struggle with managing the financial aspects of their businesses. Profit Mastery is a 16-hour intensive program that provides key financial management tools that allow business owners to improve the efficiency of their business, increase profits, and manage debt. On-going consulting and technical support will be provided to assist business owners through implementation. Tuesdays with TED TED is commonly known as a video channel devoted to spreading ideas, usually in the form of short, powerful talks on Technology, Entertainment and Design. It has grown to cover almost all topics — from science to business to global issues. We will create a networking opportunity by forming a salon that allows eligible micro entrepreneurs to meet, view TED lectures and then discuss timely topics that may influence their business trajectory. Is Your Business a Force For Good? Become a Certified B Corp to Build a Better Business- Did you know that 73% of consumers care about the company’s sustainability goals, not just the product, when they consider purchasing? In today’s economy, can a for-profit business owner put into action their social and environmental beliefs while improving the bottom line? 47 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 15 Common-Sense Online Security for Small Businesses - As our digital connectivity to people, places and things continues to grow, we must all learn new ways to be safe online. It's the equivalent of learning to buckle your seat belt when you get into your car, and not send text messages while driving. Despite all the frightening terms used (hacking, phishing, etc.), common sense and a little bit of training/workshop can go a long way towards making your business more secure. This workshop will teach you the basics on protecting your data and personal files. Task Matrix for City of Ukiah CDBG META Administration Hourly rate $ 65 Generate Fiscal/Performance Reports Compile/maintain grant Public Information files Compile/maintain client files (separate TA/SS/FA) Collect and track eligible, enrolled participant data Prepare and submit cost allocation plan as needed Create database to match participant data collection Determine indicators for tracking Gather baseline data on potential participants Field calls from potential participants Set up courses and schedules for eligible, enrolled participants Field calls from enrolled, eligible participants Coordinate grant activities with Program Operator and grantee Executive Administration Hourly rate $120 Report on program outcomes Meet with local economic developers to solicit referrals Report on progress to Grantee and local governing body Monitor achievement of goals Oversee program implementation and activities Evaluate program effectiveness Marketing Development Hourly Rate $ 120 Coordinate course offerings with community colleges and other providers Create and distribute program flyers and newsletters Write press releases and market Microenterprise services Create and update the program website Business Consultants Hourly rate $160 Determine business size and eligibility as a Microenterprise META - Income screen for TIG status to establish eligibility Ascertain readiness of potential participants Ascertain readiness in eligible, enrolled participants Create service plan for eligible, enrolled participant Assist in preparing business plan and marketing strategy Meetings/counsel sessions with eligible, enrolled participants Gather baseline data on eligible, enrolled participants 48 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 16 Guide enrolled participants in resolving business issues Specialty trainer $250 per hour Conduct courses Curriculum Development Class/Training Preparation Microenterprise Assistance Task Matrix (April 2018-Oct. 2019) Direct Program Administration HoursRate Total Fiscal / Performance Reports (Monthly) 90 $120.00 $10,800 Compliance Tracking and Monitoring (Monthly) 401 $65.00 $26,065 Outreach Development Planning and Content development (Monthly) 207 $120.00 $24,840 Microenterprise Technical Assistance 1 on 1 consulting during the contract period 409 $160 $65,440 Per Occurrence Rate Total Ascertain Readiness 90 $225.00 $20,250 Creation of Service Plan (SOW)125 $225.00 $28,125 Specialized Group Facilitation 10 $3,200 $32,000 Business Training / Workshops 10 $2,500 $25,000 Total $232,520 9. Professional Services agreement West Company has no issues with the City of Ukiah’s Exhibit E. We regularly submit anti lobbying, conflict of interest and have a standing practice to all applicable provisions outlined in Attachment E 10.City of Ukiah Grant Agreement West Company has reviewed Attachment D and E and will comply with The City’s CDBG Grant Agreement with the State Department of Housing and Community Development as set forth in the Grant Agreement, Federally required contract provisions for Community Development Block Grant (CDBG)-Aided Consultant Contracts. 11.Signed Proposal See Below March 23, 2018 Mary Horger 49 West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 17 Procurement Manager City of Ukiah Email: mhorger@cityofukiah.com Re: CDBG META Grant: #16-CDBG-11147 As an Officer of West Enterprise Center DBA West Company the attached proposal and its content are true and accurate for the Request for Proposal by the City of Ukiah for CDBG META Grant:#16-CDBG-11147. ________________________________ Mary Anne Petrillo Chief Executive Officer West Company 4: West Company Proposal for Microenterprise Assistance Services for the City of Ukiah #16-CDBG-11147 18 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of August, 2018 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and West Company, a nonprofit corporationorganized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a.City requires consulting services related to providing program operator services for its Microenterprise Technical Assistance Services Program, funded by Community Development Block Grant (CDBG) #16-CDBG-11147. b.Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c.City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Attachment "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services by October 25, 2019. The term of this agreement may be extended up to an additional three (3) years, for a total of five (5) years, upon written approval by the City of Ukiah. Consultant shall complete the work to the City’s reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 51 CDBG MicroenterpriseProfSvcsAgreement- 2018 1 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $232,558. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. 52 CDBG MicroenterpriseProfSvcsAgreement- 2018 2 Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage – Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant’s profession. Architects’ and engineers’ coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 53 CDBG MicroenterpriseProfSvcsAgreement- 2018 3 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 54 CDBG MicroenterpriseProfSvcsAgreement- 2018 4 d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend through the duration of the project. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- 55 CDBG MicroenterpriseProfSvcsAgreement- 2018 5 contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. “Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 APPLICABLE STATE/FEDERAL GRANT PROVISIONS 7.1 Equal Opportunity. 1. The Civil Rights, Housing and Community Development, and Age Discrimination Acts Assurances During the performance of this Agreement, the Consultant assures that no otherwise qualified person shall be excluded from the participation or employment, denied program benefits, or be subjected to discrimination based on race, color, national origin, sex, age, or handicap, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, Title I of the Housing and Community Development Act of 1974, as amended, and the Age Discrimination Act of 1975, the Fair Housing Act of 1988, and all implementing regulations. 2. Rehabilitation Act of 1973 and the “504 Coordinator” The Consultant agrees to comply with the City’s implementation of the Rehabilitation Act of 1973, as amended, and its regulations, 24 CFR Part 8, including, but not limited to, the local designation of a special person charged with local enforcement of this Act, as the “504 Coordinator”. 3. The Training, Employment, and Contracting Opportunities Assurance of Compliance: a. The work to be performed under this Agreement is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for Work in 56 CDBG MicroenterpriseProfSvcsAgreement- 2018 6 connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Agreement will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability, which would prevent them from complying with these requirements. c. The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advertising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include these Section 3 clauses in every contract and subcontract for Work in connection with the project and will, at the direction of the State, take appropriate action pursuant to the contract upon a finding that any subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135 and, will not let any contract unless the Consultant has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Agreement shall be a condition of the federal financial assistance provided to the project, binding upon the Consultant and its successors, and assigns to those sanctions specified by the grant or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 4. State Nondiscrimination Clause: a. During the performance of this contract, City, and Consultant shall not unlawfully discriminate, harass, or allow harassment, against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition (cancer), physical disability (including HIV and AIDS), marital status, age (over 40), sex, denial of family and medical leave, and denial of pregnancy leave. Consultant shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7258.0 et seq.) The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990(a-f), set forth in Chapter 5, of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. City, Consultant shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b. City and Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 57 CDBG MicroenterpriseProfSvcsAgreement- 2018 7 5. Americans with Disabilities Act (ADA) of 1990 By signing this agreement, the parties to this agreement assure the State that they will comply with the Americans with Disabilities Act (ADA) of 1990, (42 USC 12101 et seq.), which prohibits discrimination on the basis of disability as well as all applicable regulations and guidelines issued pursuant to the ADA. 6. Assurance of Compliance with Requirements Placed on Construction Contracts of $10,000 or More The City and the Consultant hereby agree to place in every contract for construction exceeding $10,000 the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order 11246), the Standard Equal Employment Opportunity, Construction Contract Specifications. The City furthermore agrees to insert the appropriate Goals and Timetables issued by the U.S. Department of Labor in such contracts and subcontracts. 7.2 Monitoring and Audit. Consultant agrees to allow the Housing and Community Development Department, Bureau of State Audits, HUD, or other State or federal agencies or their representatives, upon reasonable notice, unrestricted access to all relevant records, documents, books, accounts, and all other materials for grant monitoring or auditing purposes, including the monitoring for conformity with any Grant Agreement. City will monitor for conformity with its State contract. 7.3 Copeland Act. Consultant shall comply with the Copeland "Anti-Kickback" Act (18 U.S.C. §874) as supplemented in Department of Labor regulations (29 CFR Part 3). 7.4 Copyright. Any documents furnished by City or produced by Contractor in the performance of this Contract belong to City which shall own any and all intellectual property and copyrights thereto. Any discovery or invention developed by City or Consultant in the performance of this Contract shall belong to City which shall have the exclusive right to seek patent protection therefor. 7.5 Access to Records. Consultant shall provide City, the U.S. Department of Housing and Urban Development (“HUD”), the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Consultant which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 7.6 Retention of Records. Consultant shall retain all records related to its performance under this Agreement and City’s payments hereunder for five years after final payment has been made hereunder and all other pending matters are closed. 7.7. Environmental Compliance. Consultant shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. §1857(h)), section 508 of the Clean Water Act (33 U.S.C.§1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 58 CDBG MicroenterpriseProfSvcsAgreement- 2018 8 7.8. Energy Efficiency. Consultant shall comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. Law 94-163, 89 Stat. 871). 7.9. Anti-lobbying Requirements. The anti-lobbying certification attached hereto as Exhibit 1 is a material representation of fact upon which the City has relied in entering this agreement. 8.0 CONTRACT PROVISIONS 8.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 8.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 8.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 8.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 8.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 8.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 8.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 8.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of 59 CDBG MicroenterpriseProfSvcsAgreement- 2018 9 termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 8.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 9.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH WEST COMPANY CITY MANAGER’S OFFICE EXECUTIVE DIRECTOR 300 SEMINARY AVE. 185 E. CHURCH ST UKIAH, CA 95482 UKIAH, CA 95482 10.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ Date PRINT NAME: Mary Anne Petrillo, Executive Director __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ SAGE SANGIACOMO Date CITY MANAGER ATTEST ____________________ KRISTINE LAWLER Date CITY CLERK 5: CDBG MicroenterpriseProfSvcsAgreement- 2018 10 ATTACHMENT A SCOPE OF WORK The scope of services shall include tasks described below: 1. Review, monitor, recommend refinements, and/or otherwise adhere to the City’s most recent Microenterprise Technical Assistance Services Program Guidelines and Program Income Reuse Agreement. 2. Provide program outreach, networking and marketing as needed to identify, contact and attract prospective eligible microenterprises and micro-entrepreneurs. 3. Perform income screening and collection of demographic and other required data of applicants to determine eligibility and to comply with grant reporting requirements, utilizing appropriate income certification methods per CDBG regulations depending upon services to be utilized by clients. 4. Perform CDBG-compliant Self-Certification or Part V Income Certification per the most recent HUD/HCD guidance as appropriate and perform other program eligibility reviews per City Program Guidelines and CDBG regulations. All income certifications approved by the Program Operator must be presented for City review. 5. Provide needs assessment and identify strategies for provision of service; provide referrals for business support and technical assistance when appropriate, and provide direct business support and technical assistance to eligible microenterprises and micro- entrepreneurs. 6. Provide needs assessment and identify strategies and referrals for provision of service for Support Services when appropriate, and provide, document, and track Support Services for eligible microenterprises and micro-entrepreneurs 7. Incorporate City file content checklists (see Exhibit 1) or comparable system, subject to City approval, to ensure utilization of a client file system that collects required data and properly segregates Technical Assistance applications and activity documentation from Micro Loan/Grant applications and supporting documentation. 8. Utilize a program-tracking/evaluation system to provide client demographic statistics and evaluation data about services provided (number of clients served, number of business plans developed, etc.) as well as outcomes (number of jobs created, number of businesses formed, etc.) and provide reports to City as necessary for grant reporting and program monitoring. 9. Coordinate with City staff to ensure timely submittal of all data, reports and cash requests associated with the program. 10. Prepare for and attend grant monitoring visits as necessary. Provide other needed support and technical assistance to ensure accomplishment of the City’s microenterprise program. 61 CDBG MicroenterpriseProfSvcsAgreement- 2018 11 ATTACHMENT B FEE SCHEDULE Task* Hourly Rate Administration $65 Executive Administration $120 Marketing Development $120 Business Consultants $160 Specialty Trainer $250 *Detailed descriptions of each of the tasks in the fee schedule are listed on pages 16 and 17 of the proposal submitted by West Company. 62 CDBG MicroenterpriseProfSvcsAgreement- 2018 12 ATTACHMENT C Anti-Lobbying Certification The undersigned certifies to the best of his or her knowledge or belief that: a. No Federal appropriated funds have been paid, or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with the awarding of any Federal Contract, the making of any Federal Grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension of continuation, renewal, amendment or modification of any Federal contract, grant loan, or cooperative agreement; b. If any funds other the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions. DATED: ____________________________________ Name: Title: 63 CDBG MicroenterpriseProfSvcsAgreement- 2018 13 2 3 Note:This meeting was adjourned to 7:30 p.m. MAYOR DOBLE PRESIDING. The Pledge of Allegiance was led by Vice Mayor Mulheren. Presentation was received. Report was received. Motion by Crane, seconded by Scalmanini, to continue the hearing until the City receives a consistency determination from the Mendocino County Airport Land Use Commission (ALUC) pursuant to staff recommendation number 3 in the Agenda Summary Report and the Planning Commission makes a recommendation to the City Council to approve or disapprove the 4 application, after the Commission considers the ALUC determination and any additional information from staff. The Mayor is authorized and directed to send a letter to the ALUC requesting that it make the consistency determination as soon as possible. – Finance. (2018-16) – Community Development. (COU No. 1819-086) – Information Technology. (2018-17) – Finance. (2018-18) – Public Works. (COU No. 1819-087 – Electric Utility (COU No. 1819-088 – Public Works. No public comment was received. 5 (speaking as a private citizen) (speaking as private citizen), (2018-19) RECESS: 9:29 - 9:38 P.M. (COU No. 1718-138-CO5) 6 (2018-20) (COU No. 1819-089), (2018-21) Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Ukiah Valley Sanitation District v. City of Ukiah No Closed Session was held. 7 8 9 : illed to the account) are expenses would be b 21 (Note: only the actual year determined each spaces is tual number of billable nce 1126, however, the ac (rounded). es calculated in Ordina (rounded). are not – This is the number of spac 22 *Notedepending on the number of occupied spaces by non-long-term leases. 23 24 illed to the account) expenses would be b (Using larger invoiced rate) are (Note: only the actual 25 year determined each llable spaces is however, the actual number of bi (rounded). paces by non-long-term leases. es calculated in Ordinance 1126, (rounded). are not – This is the number of spac *Notedepending on the number of occupied s 26 2 3 Purchase Order Fiscal YearPageof 201811 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. B Purchase CITY OF UKIAH 45492-00 I Order # ATTN: ACCOUNTS PAYABLE L 300 SEMINARY AVENUE L UKIAH, CA 95482 Delivery must be made within T doors of specified destination. O S V JB JORDAN & ASSOCIATESCITY OF UKIAH - CONF CTR H PO BOX 3629200 S SCHOOL ST E I EUREKA CA 95502UKIAH CA 95482 N P D O T R O Vendor Phone NumberVendor Fax NumberBuyerDate OrderedDate Required Seth Strader06/29/2018 Delivery ReferenceSales Tax Rate Freight Method/TermsDepartment/Location 0.000 N30CONFERENCE CENTER Item#Description/Part No.QtyUOMUnit PriceExtended Price 1REMOVAL AND DISPOSAL OF EXISTING FLOORING.1.0EACH$29,946.000$29,946.00 PREPARE SUBFLOOR BY SKIM COATING AS NECESSARY TO PROVIDE A BONDABLE SURFACE FOR THE FLOORING. FURNISH AND INSTALL APPROX. 650 SQ YDS OF TANDUS POWERBND STYLE: AFTERMATH; COLOR; TBD; TO BE INSTALLED (TIGHT FIT TO THE PEREMITER OF THE ROOM) USING MANUFACTURERS PRIMER, ZERO VOC MILL-APPLIED TACKIFIER AND SEAM WELD. CA CARPET ASSESSMENT INCLUDED IN PRICE. REF REQ E36511 (SS) PER PROPOSAL: NP1449AK DATED 6/13/18 4 BByy Purchasing Supervisor VENDOR COPYPO Total$29,946.00 1GENERALLY.TheseTermsandConditionsof9.PAYMENT.CitywillpaySellerafterreceiving Sale(“TermsandConditions”)applytoallpurchasesbyacceptableinvoicesformaterialsandsuppliesdelivered CityofUkiah.(Referredtoas“Buyer”).Thesupplierofandacceptedorservicesrenderedandaccepted.Citywill goodsandservicesunderthistransactionishereinnotpaycartage,shipping,packagingorboxingexpenses referredtoas“Seller”.Thegoodsorservicepurchasedunless specified in this order. are referred to as the “Purchase.” 10.INDEMNIFICATION.Selleragreestoindemnify 2.TERMSEXCLUSIVE.Buyerwillorderthegoodsandholdharmlessfromandagainstanyclaim,action, orservicesdescribedhereinonlyuponthetermsanddamages,costs(including,withoutlimitation,attorney’s conditionscontainedherein.Seller’sacceptanceofthisfees),injuries,orliability,arisingoutofthePurchaseorthe ordershalloccureitherthroughcommencementoforder,ortheirperformance.ShouldCitybenamedinany performanceunderthisorderoracknowledgmentofthissuit,orshouldanyclaimbebroughtagainstitbysuitor order.Byacceptingthisorder,Sellerwaivesalltermsandotherwise,whetherthesamebegroundlessornot,arising conditionscontainedinitsquotation,acknowledgment,outofthePurchaseororder,ortheirperformance,Seller invoiceorotherdocumentswhicharedifferentfromorwilldefendCity(atCity’srequestandwithcounsel additionaltothosecontainedhereinandallsuchdifferentsatisfactorytoCity)andindemnifyCityforanyjudgment oradditionaltermsandconditionsshallbenullandvoid.renderedagainstitoranysumspaidoutinsettlementor SELLERMAYNOTCHANGEMATERIALOFotherwise.Forpurposesofthissection“City”includes MANUFACTURE,SOURCESOFSUPPLY,City’sofficers,electedofficials,andemployees.This MANUFACTURINGPROCESSORLOCATIONWITHOUTparagraph9willsurviveterminationofthisorder.The THE PRIOR WRITTEN CONSENT OF BUYER.requirementsastothetypesandlimitsofinsurance coveragetobemaintainedbySeller,andanyapprovalof 3.INSPECTION.AllgoodsshallbereceivedsubjectsuchinsurancebyCity,arenotintendedtoandwillnotin toBuyer’sinspectionandrejection.Defectivegoodsandanymannerlimitorqualifytheliabilitiesandobligations goodsotherwisenotconformingtothisordershallbeheldotherwiseassumedbySellerpursuanttothisorder, forSeller’sinstructionandatSeller’srisk,andifSellersoincluding,withoutlimitation,totheprovisionsconcerning directs,shallbereturnedatSeller’sexpense.Nodefectiveindemnification. goodsshallbereplacedwithoutanewpurchaseorder. PaymentbyBuyershallnotbeconstruedasan11.WARRANTY.SelleragreesthatthePurchaseis acceptanceofgoods.BuyermayreturntoSelleranycoveredbythemostfavorablecommercialwarrantiesthe non-defective,excessgoodswithinthirty(30)daysofSellergivestoanycustomerforthesameorsubstantially receiving them.similarsuppliesorservices,orsuchothermorefavorable warrantiesasisspecifiedinthisorder.Warrantieswillbe 4.CHANGES.Citymaymakechangeswithintheeffectivenotwithstandinganyinspectionoracceptanceof generalscopeofthisorderindrawingsandspecificationsthe Purchase by City. forspeciallymanufacturedsupplies,placeofdelivery, methodofshipmentorpackingoftheorderbygiving12.ASSIGNMENT.Citymayassignthisorder. noticetoSellerandsubsequentlyconfirmingsuchchangesExceptastoanypaymentdueunderthisorder,Sellermay inwriting.IfsuchchangesaffectthecostoforthetimenotassignorsubcontracttheorderwithoutCity’swritten requiredforperformanceofthisorder,anequitableapproval.ShouldCitygiveconsent,itwillnotrelieveSeller adjustmentinthepriceordeliveryorbothmustbemade.fromanyobligationsunderthisorderandanytransfereeor NochangebySellerisallowedwithoutCity’swrittensubcontractor will be considered Seller’s agent. approval.AnyclaimbySellerforanadjustmentunderthis sectionmustbemadeinwritingwithinthirty(30)daysfrom13.INSURANCE.Sellermustprovidetheinsurance thedateofreceiptbySellerofnotificationofsuchchangeindicated on the face sheet of this order. unlessCitywaivesthisconditioninwriting.Nothinginthis sectionexcusesSellerfromproceedingwithperformance14.PERMITS.Sellermustprocureallnecessary of the order as changed.permitsandlicenses,andabidebyallfederal,state,and local laws, for performing this order. 5.TERMINATION.Citymayterminatethisorderat anytime,eitherverballyorinwriting,withorwithoutcause.15.INDEPENDENTCONTRACTOR.CityandSeller Shouldterminationoccur,CitywillpaySellerasfullagreethatSellerwillactasanindependentcontractorand performanceuntilsuchterminationtheunitorproratawillhavecontrolofallworkandthemannerinwhichitis orderpricefortheperformedandacceptedportionoftheperformed.Sellerwillbefreetocontractforsimilarservice Purchase.Citymayprovidewrittennoticeofterminationtobeperformedforotheremployerswhileundercontract forSeller’sdefaultifSellerrefusesorfailstocomplywithwithCity.SellerisnotanagentoremployeeofCityandis thisorder.IfSellerdoesnotcuresuchfailurewithinanotentitledtoparticipateinanypensionplan,insurance, reasonabletimeperiod,orfailstoperformthePurchasebonusorsimilarbenefitsCityprovidesforitsemployees. withinthetimespecified(orallowedbyextension),SellerAnyprovisioninthisorderthatmayappeartogiveCitythe will be liable to City for any excess costs incurred by City. righttodirectSellerastothedetailsofdoingtheworkorto exerciseameasureofcontrolovertheworkmeansthe 6.TIMEEXTENSION.TimeisoftheessenceCitySellerwillfollowthedirectionoftheCityastoendresults mayextendthetimeforcompletionif,inCity’ssoleof the work only. determination,Sellerwasdelayedbecauseofcauses beyondSeller’scontrolandwithoutSeller’sfaultor16.WAIVER.City’srevieworacceptanceof,or negligence.IntheeventdelaywascausedbyCity,paymentfor,workproductpreparedbySellerunderthis Seller’ssoleremedyislimitedtorecoveringmoneyactuallyorderwillnotbeconstruedtooperateasawaiverofany andnecessarilyexpendedbySellerbecauseofthedelay;rightsCitymayhaveunderthisAgreementorofanycause there is no right to recover anticipated profit.ofactionarisingfromSeller’sperformance.Awaiverby Cityofanybreachofanyterm,covenant,orcondition 7.REMEDIESCUMULATIVE.City’srightsandcontainedinthisorderwillnotbedeemedtobeawaiverof remediesunderthisorderarenotexclusiveandareinanysubsequentbreachofthesameoranyotherterm, addition to any rights and remedies provided by law.covenant,orconditioncontainedinthisorder,whetherof the same or different character. 8.TITLE.Titletomaterialsandsuppliespurchased underthisorderpassdirectlyfromSellertoCityupon17.INTERPRETATION.ThisAgreementwasdrafted City’swrittenacceptancefollowinganactualinspectionin,andwillbeconstruedinaccordancewiththelawsofthe and City’s opportunity to reject.StateofCalifornia,andexclusivevenueforanyaction involving this agreement will be in Mendocino County. 5 2 Purchase Order Fiscal YearPageof 201811 THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKAGES AND SHIPPING PAPERS. B Purchase CITY OF UKIAH 45475-00 I Order # ATTN: ACCOUNTS PAYABLE L 300 SEMINARY AVENUE L UKIAH, CA 95482 Delivery must be made within T doors of specified destination. O S V MITY-LITE INCCITY OF UKIAH - CONF CTR H 1307 WEST 400 NORTH200 S SCHOOL ST E I OREM UT 84507UKIAH CA 95482 N P D O T R O Vendor Phone NumberVendor Fax NumberBuyerDate OrderedDate Required Seth Strader06/27/2018 Delivery ReferenceSales Tax Rate Freight Method/TermsDepartment/Location 0.000 FOB S/P N30CONFERENCE CENTER Item#Description/Part No.QtyUOMUnit PriceExtended Price 1ACCESS 300 SERIES BANQUET CHAIR, CROWN100.0EACH$46.790$4,679.00 BACK, BLACK SAND FRAME, SHERPA GREY HEATHER FABRIC 2CLASSIC SERIES BANQUET CHAIR, CROWN BACK,250.0EACH$68.250$17,062.50 BLACK SAND FRAME, SHERPA GREY HEATHER FABRIC 3SALES TAX AT 8.875%1929.6DOLL$1.000$1,929.56 4FREIGHT1338.6DOLL$1.000$1,338.57 REF REQ E36507 (SS) PER QUOTE #59931 DATE 3/28/18 3 BByy Purchasing Supervisor VENDOR COPYPO Total$25,009.63 1GENERALLY.TheseTermsandConditionsof9.PAYMENT.CitywillpaySellerafterreceiving Sale(“TermsandConditions”)applytoallpurchasesbyacceptableinvoicesformaterialsandsuppliesdelivered CityofUkiah.(Referredtoas“Buyer”).Thesupplierofandacceptedorservicesrenderedandaccepted.Citywill goodsandservicesunderthistransactionishereinnotpaycartage,shipping,packagingorboxingexpenses referredtoas“Seller”.Thegoodsorservicepurchasedunless specified in this order. are referred to as the “Purchase.” 10.INDEMNIFICATION.Selleragreestoindemnify 2.TERMSEXCLUSIVE.Buyerwillorderthegoodsandholdharmlessfromandagainstanyclaim,action, orservicesdescribedhereinonlyuponthetermsanddamages,costs(including,withoutlimitation,attorney’s conditionscontainedherein.Seller’sacceptanceofthisfees),injuries,orliability,arisingoutofthePurchaseorthe ordershalloccureitherthroughcommencementoforder,ortheirperformance.ShouldCitybenamedinany performanceunderthisorderoracknowledgmentofthissuit,orshouldanyclaimbebroughtagainstitbysuitor order.Byacceptingthisorder,Sellerwaivesalltermsandotherwise,whetherthesamebegroundlessornot,arising conditionscontainedinitsquotation,acknowledgment,outofthePurchaseororder,ortheirperformance,Seller invoiceorotherdocumentswhicharedifferentfromorwilldefendCity(atCity’srequestandwithcounsel additionaltothosecontainedhereinandallsuchdifferentsatisfactorytoCity)andindemnifyCityforanyjudgment oradditionaltermsandconditionsshallbenullandvoid.renderedagainstitoranysumspaidoutinsettlementor SELLERMAYNOTCHANGEMATERIALOFotherwise.Forpurposesofthissection“City”includes MANUFACTURE,SOURCESOFSUPPLY,City’sofficers,electedofficials,andemployees.This MANUFACTURINGPROCESSORLOCATIONWITHOUTparagraph9willsurviveterminationofthisorder.The THE PRIOR WRITTEN CONSENT OF BUYER.requirementsastothetypesandlimitsofinsurance coveragetobemaintainedbySeller,andanyapprovalof 3.INSPECTION.AllgoodsshallbereceivedsubjectsuchinsurancebyCity,arenotintendedtoandwillnotin toBuyer’sinspectionandrejection.Defectivegoodsandanymannerlimitorqualifytheliabilitiesandobligations goodsotherwisenotconformingtothisordershallbeheldotherwiseassumedbySellerpursuanttothisorder, forSeller’sinstructionandatSeller’srisk,andifSellersoincluding,withoutlimitation,totheprovisionsconcerning directs,shallbereturnedatSeller’sexpense.Nodefectiveindemnification. goodsshallbereplacedwithoutanewpurchaseorder. PaymentbyBuyershallnotbeconstruedasan11.WARRANTY.SelleragreesthatthePurchaseis acceptanceofgoods.BuyermayreturntoSelleranycoveredbythemostfavorablecommercialwarrantiesthe non-defective,excessgoodswithinthirty(30)daysofSellergivestoanycustomerforthesameorsubstantially receiving them.similarsuppliesorservices,orsuchothermorefavorable warrantiesasisspecifiedinthisorder.Warrantieswillbe 4.CHANGES.Citymaymakechangeswithintheeffectivenotwithstandinganyinspectionoracceptanceof generalscopeofthisorderindrawingsandspecificationsthe Purchase by City. forspeciallymanufacturedsupplies,placeofdelivery, methodofshipmentorpackingoftheorderbygiving12.ASSIGNMENT.Citymayassignthisorder. noticetoSellerandsubsequentlyconfirmingsuchchangesExceptastoanypaymentdueunderthisorder,Sellermay inwriting.IfsuchchangesaffectthecostoforthetimenotassignorsubcontracttheorderwithoutCity’swritten requiredforperformanceofthisorder,anequitableapproval.ShouldCitygiveconsent,itwillnotrelieveSeller adjustmentinthepriceordeliveryorbothmustbemade.fromanyobligationsunderthisorderandanytransfereeor NochangebySellerisallowedwithoutCity’swrittensubcontractor will be considered Seller’s agent. approval.AnyclaimbySellerforanadjustmentunderthis sectionmustbemadeinwritingwithinthirty(30)daysfrom13.INSURANCE.Sellermustprovidetheinsurance thedateofreceiptbySellerofnotificationofsuchchangeindicated on the face sheet of this order. unlessCitywaivesthisconditioninwriting.Nothinginthis sectionexcusesSellerfromproceedingwithperformance14.PERMITS.Sellermustprocureallnecessary of the order as changed.permitsandlicenses,andabidebyallfederal,state,and local laws, for performing this order. 5.TERMINATION.Citymayterminatethisorderat anytime,eitherverballyorinwriting,withorwithoutcause.15.INDEPENDENTCONTRACTOR.CityandSeller Shouldterminationoccur,CitywillpaySellerasfullagreethatSellerwillactasanindependentcontractorand performanceuntilsuchterminationtheunitorproratawillhavecontrolofallworkandthemannerinwhichitis orderpricefortheperformedandacceptedportionoftheperformed.Sellerwillbefreetocontractforsimilarservice Purchase.Citymayprovidewrittennoticeofterminationtobeperformedforotheremployerswhileundercontract forSeller’sdefaultifSellerrefusesorfailstocomplywithwithCity.SellerisnotanagentoremployeeofCityandis thisorder.IfSellerdoesnotcuresuchfailurewithinanotentitledtoparticipateinanypensionplan,insurance, reasonabletimeperiod,orfailstoperformthePurchasebonusorsimilarbenefitsCityprovidesforitsemployees. withinthetimespecified(orallowedbyextension),SellerAnyprovisioninthisorderthatmayappeartogiveCitythe will be liable to City for any excess costs incurred by City. righttodirectSellerastothedetailsofdoingtheworkorto exerciseameasureofcontrolovertheworkmeansthe 6.TIMEEXTENSION.TimeisoftheessenceCitySellerwillfollowthedirectionoftheCityastoendresults mayextendthetimeforcompletionif,inCity’ssoleof the work only. determination,Sellerwasdelayedbecauseofcauses beyondSeller’scontrolandwithoutSeller’sfaultor16.WAIVER.City’srevieworacceptanceof,or negligence.IntheeventdelaywascausedbyCity,paymentfor,workproductpreparedbySellerunderthis Seller’ssoleremedyislimitedtorecoveringmoneyactuallyorderwillnotbeconstruedtooperateasawaiverofany andnecessarilyexpendedbySellerbecauseofthedelay;rightsCitymayhaveunderthisAgreementorofanycause there is no right to recover anticipated profit.ofactionarisingfromSeller’sperformance.Awaiverby Cityofanybreachofanyterm,covenant,orcondition 7.REMEDIESCUMULATIVE.City’srightsandcontainedinthisorderwillnotbedeemedtobeawaiverof remediesunderthisorderarenotexclusiveandareinanysubsequentbreachofthesameoranyotherterm, addition to any rights and remedies provided by law.covenant,orconditioncontainedinthisorder,whetherof the same or different character. 8.TITLE.Titletomaterialsandsuppliespurchased underthisorderpassdirectlyfromSellertoCityupon17.INTERPRETATION.ThisAgreementwasdrafted City’swrittenacceptancefollowinganactualinspectionin,andwillbeconstruedinaccordancewiththelawsofthe and City’s opportunity to reject.StateofCalifornia,andexclusivevenueforanyaction involving this agreement will be in Mendocino County. 4 2 3 5 6 2 3 4 936.90 3,799.275,471.437,428.054,339.861,358.547,086.842,188.57 25,639.69 58,249.16 Computer Cost$ $ $ $ $ $ $ $ $ $ TOTAL Account #10020210.5433020413500.5433020513300.5433010013400.5433010013200.5433084027221.5433020324100.5433084027225.5433082027111.54100 WTP DepartmentPOLICEFinance - PurchasingFinance - Utility BillingFinance - AccountingFinance - BudgetSewerGarageWWTP 60.7844.0388.07 989.47989.47911.71243.12303.90182.34243.12121.56660.49176.13220.16132.10176.13660.62220.21264.25936.90936.90936.90 3,957.894,947.362,968.423,957.891,978.954,958.081,652.691,652.693,699.522,114.011,057.011,057.01 14,749.26 58,249.16 Total $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ----------------------------- 5.005.00 15.0012.0012.0012.0061.00 Env Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 4.899.783.547.09 65.4265.4273.3619.5624.4514.6719.5653.1414.1717.7110.6314.1753.1517.7285.0521.2685.0574.4274.4274.42 888.51261.69327.11196.27261.69130.85326.83108.94108.94297.66170.09 Tax 3,981.65 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 55.8940.4980.98 924.05 924.05 838.35 223.56 279.45 167.67 223.56 111.78 607.35 161.96 202.45 121.47 161.96 607.47 202.49 971.96 242.99 971.96 850.48 850.48 850.48 3,696.204,620.252,772.153,696.201,848.104,616.251,538.751,538.753,401.861,943.92 13,860.7554,206.51 Extended Price$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 55.8955.8955.8955.8955.8955.8955.8940.4940.4940.4940.4940.4940.4940.49 924.05924.05924.05924.05924.05924.05924.05924.05202.49202.49242.99242.99242.99242.99242.99425.24425.24425.24 1,538.751,538.751,538.75 Unit Price$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1453142453142453142311318414222 15151514 Quantity TOTALS Attachment 1 - Price Breakdown DescriptionOptiPlex 7060 MT PoliceFinance - PurchasingFinance - AccountingFinance - Utility BillingSewerGarageWWTPWTP Logitech MK550 Wireless Wave Keyboard and Mouse Combo PoliceFinance - AccountingUtility BillingSewerGarageWWTPWTP Dell Professional Soundbar - AE515 - Skype for Business PoliceFinance - AccountingFinance - Utility BillingSewerGarageWWTP WTP Dell Latitude 7490 PoliceFinance - PurchasingWWTP Dell Business Thurderbolt Dock - TB16 with 180W Adapter PoliceFinance - Purchasing Dell 27 Monitor - P2719H PoliceFinance - AccountingSewerGarage WWTP Dell 34 Curved Monitor - P3418HW Finance - PurchasingFinance - BudgetFinance - Accounting Sales rep: Marcus Fields | 3000027243210.1 ATTACHMENT 2 5 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 6 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 7 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 8 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 9 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 : © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 21 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Sales rep: Marcus Fields | 3000027243210.1 22 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. 2 3 August __, 2018 Mendocino County Airport Land Use Commission and Mendocino County Board of Supervisors C/O Ignacio “Nash” Gonzalez, Planning and Building Services Director Mendocino County Department of Planning and Building Services 860 North Bush St. Ukiah, CA 95482 Re: Mendocino County Airport Comprehensive Land Use Plan Update Dear Board of Supervisors and Members of the Airport Land Use Commission: The Ukiah City Council and Ukiah Airport Commission are writing to request the County of Mendocino and Airport Land Use Commission pursue an update to the Mendocino County Comprehensive Land Use Plan (the “Plan”). The Plan is over 20 years old and does not reflect current airport environs. The Plan also does not meet current guidelines and regulations set forth in the 2011 California Airport Land Use Planning Handbook. This poses difficulties for regional land use planning in and around airports in Mendocino County, including the Ukiah Municipal Airport. We understand funding for Plan updates can at times be a barrier to completing updates, so the City’s Community Development Department sought advice from Mead & Hunt, Inc. on potential alternatives. Mead & Hunt prepared the attached proposal for either 1) updating only the “A” and “A*” compatibility zones of the Plan’s compatibility zoning map; or 2) updating all zones of the Plan’s compatibility zoning map, including an update to the compatibility criteria and Table 2A of the Plan. Both of these options would only pertain to the Ukiah Municipal Airport and only option #2 would bring the current Plan into compliance with existing guidance from the California Land Use Planning Handbook, but both options provide a more cost-effective alternative to addressing the need for an updated Plan that considers Ukiah Municipal Airport environs. Mead & Hunt also reached out to the CalTrans Division of Aeronautics on the City’s behalf about potential funding for a full update to the Plan. CalTrans provided two options: 1) that Mendocino County wait until grant funding is available for an update; or 2) that the County apply for a below market interest rate loan from CalTrans to fund the update. If choosing option #2, CalTrans has stated loan funding can be available in as little as three months. Whatever approach the County elects to pursue, the City of Ukiah stands by as a willing and able partner on this effort and will make available its resources to assist the County with this effort. Please contact Craig Schlatter, Community Development Director, at cschlatter@cityofukiah.com or (707) 463-6219 with any questions or if City Council or Staff of the City can be of assistance as Board of Supervisors and Airport Land Use Commission considers this update. 4 411!Tfnjobsz!Bwfovf!–!Vljbi!–!DB!–!:6593.6511! Qipof;!!)818*574.7311!!Gby;!!)818*574.7315!xxx/djuzpgvljbi/dpn! Sincerely, Kevin Doble Mayor CC: Ukiah City Councilmembers Sage Sangiacomo, City Manager City of Ukiah Airport Commission City of Ukiah Planning Commission Greg Owen, Airport Manager Craig Schlatter, Community Development Director 5 411!Tfnjobsz!Bwfovf!–!Vljbi!–!DB!–!:6593.6511! Qipof;!!)818*574.7311!!Gby;!!)818*574.7315!xxx/djuzpgvljbi/dpn! th 1360 19 Hole Drive, Suite 200 Windsor, California 95492 707-526-5010 meadhunt.com July 9, 2018 Mr. Craig Schlatter Community Development Director City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Subject: Ukiah Municipal Airport Land Use Compatibility Plan Update Options Dear Craig: It was nice meeting with you late last month and talking about options for updating the Ukiah Municipal Airport Land Use Compatibility Plan (ALUCP). In the discussion, you asked that Mead & Hunt, Inc. (Mead & Hunt) give you a proposed scope and fee for two different options. The basic option would focus on just the north end of the runway and the Garton Tractor property. A more expanded option would look at the entirety of the compatibility map. While in either case our expectation is that we would be working for the City of Ukiah (City), it is important to recognize that adoption of any changes to the ALUCP is the responsibility of the Mendocino County Airport Land Use Commission (ALUC). We have not had any contact with the ALUC staff about this topic, although we understand that you have been in touch with them. The manner and extent of coordination with the ALUC will have a significant effect on our work effort. Thus, please consider the two scopes and fees offered here as preliminary and subject to adjustment as details of the coordination become clearer. Basic Option Update Compatibility Zone A Focus on changes to ALUCP necessitated by recent approval of a revised Airport Layout Plan (ALP) for the Ukiah Municipal Airport. Specific ALP changes that may affect the ALUCP compatibility map are the proposed runway extension on the north and reduced size of the runway protection zone (RPZ). The RPZ location and size are the major determinant of the boundaries of Compatibility Zones A and A* at this end of the runway. Both the existing RPZ and the future one associated with the runway extension will be considered. Prepare an updated compatibility map consistent with the current ALP. The adopted ALUCP compatibility criteria for the individual zones will not be modified. Note that this Basic Option will not bring the map and criteria into conformance with the Caltrans California Airport Land Use Planning Handbook (Handbook) guidelines. Prepare CEQA document. The limited nature of the anticipated map revisions is expected only to relax compatibility restrictions in the affected area. We will review the changes to verify that this is the 6 X:\\2112200\\181549.01\\CFEE\\working\\Schlatter.ALUCP Update Proposal ltr.docx Mr. Craig Schlatter July 9, 2018 Page 2 of 3 case. If so, CEQA potentially could be satisfied using a categorical exemption in accordance with CEQA Guidelines Section 15062. We would prepare the Notice of Exemption. Prepare a Technical Memo addressing the above. Participate in coordination with ALUC staff via conference calls. Attend two public meetings, one with the City (planning commission or city council) and one with the ALUC. Our estimated cost for this option is $12,000. Expanded Option Update All Compatibility Zones Conduct full review of the compatibility map zones for consistency with the current ALP. The current compatibility zones are composites taking into account noise as well as safety factors. We will utilize the most recently available noise contours to make any compatibility zone adjustments based on this factor. New noise contours will not be prepared. For safety, we will rely upon the appropriate safety zones shown in the Caltrans Handbook and make adjustments to reflect the physical and operational characteristics of the Ukiah Municipal Airport. Where reasonable while maintaining conformance with Handbook guidelines, local geographic features will continue to be used to define zone boundaries. Review and revise compatibility criteria. The Caltrans Handbook will be the primary source for guidance on revised criteria. Taken together with the compatibility zone boundaries, the ALUCP criteria that apply within any individual location should be at least as restrictive as the Handbook criteria. In addition to the summary of criteria included in ALUCP Table 2A, we will also prepare an expanded table that lists the criteria for a full range of land use types. The criteria will be presented in table format only. No revisions to the overall policy section of the ALUCP are included in this work effort. Compare proposed ALUCP restrictions to current land use designations. The comparison will include both general plan and zoning designations for the City and unincorporated County areas within the airport influence area. The primary purpose of the comparison will be to identify locations where the ALUCP criteria would be more restrictive than the City or County criteria and thus prevent or displace development that would otherwise be allowed. The extent of displacement must be addressed in the CEQA document for ALUC adoption of the amended ALUCP. Prepare a Technical Paper presenting the above map and criteria and addressing the extent of displacement. Prepare CEQA Initial Study. The preceding task will likely indicate that the amended ALUCP will cause some displacement that will need to be addressed in a CEQA Initial Study. Even so, our expectation is that CEQA can be satisfied using a Negative Declaration and that a full Environmental Impact Report will not be necessary. Participate in coordination with ALUC staff via conference calls. Attend three public meetings, one with the City (planning commission or City council) and two with the ALUC. Our estimated cost for this option is $50,000 to $60,000. 7 X:\\2112200\\181549.01\\CFEE\\working\\Schlatter.ALUCP Update Proposal ltr.docx Mr. Craig Schlatter July 9, 2018 Page 3 of 3 We trust that this information will be helpful to you as the City considers how best to proceed with the made on which option to pursue, we can work with you to refine the scope and fee and prepare a formal working agreement. Sincerely, MEAD & HUNT, Inc. Kenneth A. Brody Senior Airport Planner 8 X:\\2112200\\181549.01\\CFEE\\working\\Schlatter.ALUCP Update Proposal ltr.docx 9 2 3 4 5 6 7 8 9 : 21 22 23 2 3 4 CITY OF UKIAH HOUSING TRUST FUND Administrative Guidelines Department of Community Development Housing Division 5 TABLE OF CONTENTS Ukiah Housing Trust Fund Overview 3 Definitions 4 Establishment of Ukiah Housing Trust Fund 4 Distribution and Use of Ukiah Housing Trust Fund Assets 5 Annual Evaluation and Reporting 6 6 City Of Ukiah Housing Trust Fund Administrative Guidelines2 CITY OF UKIAH HOUSING TRUST FUND ADMINISTRATIVE GUIDELINES I. UKIAH HOUSING TRUST FUND OVERVIEW A.Purpose The purpose of the Ukiah Housing Trust Fund (UHTF) is to combine funding from different sources to help achieve the City’s General Plan goals, including those in the Housing Element, to develop and preserve affordable housing in the City of Ukiah. To achieve this purpose, UHTF resources shall be used to provide loans, and in certain instances grants, to qualified developers, public entities, groups, and individuals to undertake activities that create, maintain, or expand the City’s affordable housing stock. B.Funding Sources Inflow of resources to the UHTF may come from a variety of sources, which may include the following: 1. State non-entitlement Community Development Block Grant (CDBG) funds- Housing and Community Development Allocation. 2. State non-entitlement CDBG Program Income- payments of loan principal and interest due to the City from borrowers of previous CDBG-funded housing loans. 3. State non-entitlement Home Investment Partnerships Program (HOME) funds. 4. State non-entitlement HOME Program Income- payments of loan principal and interest due to the City from borrowers of previous HOME-funded housing loans. 5. Proceeds obtained from the sale of City-owned residential properties. 6. Payments of principal and interest due to the City from borrowers of previous UHTF housing loans. 7. Donations and contributions from third-party benefactors. 8. Funds from other sources authorized by the City Council, the former City of Ukiah Redevelopment Agency, and the voters. C.Management of Ukiah Housing Trust Fund The Ukiah Housing Trust Fund shall be a special revenue fund type or other fund type and category as determined appropriate by the City’s Finance Director. Its activities are implemented by the Housing Division of the City’s Community Development Department. The Community Development Director shall serve as Administrator of the UHTF. In accordance with Ukiah City Code and financial management and budget policies, the City’s Finance Director, or designee, in coordination with the UHTF Administrator shall be responsible for the disbursement of UHTF funds and collection of UHTF revenues, maintaining financial records for the UHTF, and maintaining and managing a separate account or accounts for the UHTF. D.Affordable Housing Advisory Committee The City of Ukiah’s Affordable Housing Advisory Committee (AHAC) provides a way for residents who have special experience or interest in affordable housing to participate in the City’s decision-making process by making recommendations to Staff on housing issues. Appointed by the UHTF Administrator in conjunction with the City Manager’s Office, the AHAC shall include at least five (5) but no more than nine (9) individuals. Committee members must reside within the 95482 zip code and/or have experience 7 City Of Ukiah Housing Trust Fund Administrative Guidelines3 developing affordable housing within the City and be able to attend a minimum number of meetings. II. DEFINITIONS A.Affordable Housing: housing that is affordable to households with gross incomes determined to be at or below the limit for “low-income,” as defined by the U.S. Department of Housing and Urban Development (HUD). See B3 below. B.Area Median Income or “AMI:” established for metropolitan areas or non-metropolitan counties by the U.S. Department of Housing and Urban Development, pursuant to 42 U.S.C. Chapter 1437 et seq., to establish local income classification levels. These classifications are also used in California housing law with respect to income eligibility limits. For current income limits, please refer to this web address: 1 https://www.huduser.gov/portal/datasets/il.html. Income designations, along with descriptions, are below. 1. Extremely-Low Income Household: a household having an income not exceeding thirty percent (30%) of AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. 2. Very Low-Income Household: A household having an income not exceeding fifty (50%) percent of AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. 3. Low-Income Household: a household having an income not exceeding eighty (80%) percent of the AMI adjusted for household size and as defined by the U.S. 2 Department of Housing and Urban Development. 4. Moderate-income Household: a household having an income not exceeding one hundred twenty percent (120%) of the AMI adjusted for household size and as defined by the U.S. Department of Housing and Urban Development. Households 3 with income between 80% and 120% of AMI are considered “moderate income.” III. Establishment of Ukiah Housing Trust Fund By a unanimous vote on October 18, 2017, the Ukiah City Council established a special revenue fund type under the name of “Ukiah Housing Trust Fund” to serve as a mechanism in support of City housing activities as part of a strategy to work with the development community in producing much needed affordable housing for low- and moderate-income Ukiah residents. A.Notices of Funding Availability When the accumulated total of all non-Federal funds reaches $250,000 or greater, excluding any funds set aside for the Community Development Department’s administration and monitoring activities, the Housing Division of the Community Development Department shall release a Notice of Funding Availability (NOFA). At a minimum, the NOFA will outline eligible activities, amount of funding available, evaluation criteria, and any community objectives for that funding period. 1 City of Ukiah falls within the Mendocino County non-metropolitan area. 2 Most HUD-sponsored programs have income limits at 80% AMI. 3 Up to 120% AMI was the income limit for affordable housing built with redevelopment funds. 8 City Of Ukiah Housing Trust Fund Administrative Guidelines4 B.Project Selection Except for loan applications for activities described in section IV.A. Parts 6 and 7 below, applications for UHTF assistance will only be accepted during specified funding cycles. However, except for pre-development proposals, all applications, regardless of whether received through an RFP, or through an open Notice of Funding Availability (funding cycle), shall be subject to an Evaluation Process. There will be a maximum of two (2) such funding cycles annually. The total funding cycle should be completed in approximately 4 months. The purpose of the funding cycles is to enhance the City's ability to choose projects that will maximize the use of UHTF resources and the City's ability to meet its General Plan housing goals. The City shall be under no obligation to fund projects. Projects rejected during one funding cycle may be resubmitted and reconsidered in a later funding cycle. C.Department Administration and Monitoring Excluding any specific activity delivery or administration funding through the U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development, specifically related to Federal and State funding sources not affiliated with the former Ukiah Redevelopment Agency, the City of Ukiah Department of Community Development’s Housing Division may, in each fiscal year, spend up to the greater of $200,000 or 2%, of the combined value of land and loans and grants receivable for program administration and to monitor and preserve the 4 affordability of units with affordability covenants. D.Committed Use of UHTF All resources remaining in the UHTF at the end of any fiscal year, whether or not expended by the City, shall remain UHTF and classified as committed fund balance or other classification as determined appropriate by the Finance Director. IV. DISTRIBUTION AND USE OF UKIAH HOUSING TRUST FUND ASSETS In accordance with all City codes, regulations, policies, and any other relevant state or federal statutes and regulations, distributions may be made to private or public, for-profit, or not-for-profit entities in the form of funding awards. Such awards will usually be in the form of below market long-term loans. In specific situations, and as described in Notices of Funding Availability, a limited number of grants may be available. Distributions may also be made to individuals in the form of below market loans, and in limited circumstances, grants. A.Project Types Types of projects in which UHTF funding will be awarded includes, but may not be limited to, the following: 1. Creation of new affordable units; 2. Purchase of vacant and underutilized land (land assembly) for the purpose of facilitating future affordable housing production; 3. Assistance with multi-family housing rehabilitation projects; 4. Conversion of market rate units to affordable housing units; 5. Preservation of existing affordable housing; 6. Construction of accessory dwelling units; 7. First time homebuyer loans; 4 This section on administration and monitoring is taken from requirements for redevelopment housing successor agencies outlined in SB 341. 9 City Of Ukiah Housing Trust Fund Administrative Guidelines5 8. Single-family housing rehabilitation loans; and 9. Predevelopment assistance to non-profit and for-profit developers with project feasibility and preliminary design studies for potential affordable housing projects. B.Funding Priorities Priority in all distributions shall be given first to housing projects that guarantee the perpetual affordability of such housing, and second, to housing projects that guarantee a term of affordability of greater than 15 years together with eventual recapture of the UHTF investment. C.UHTF Income Group Priorities Subject to City Council amendment and future community objectives, and excluding State and Federal funding sources, the following income group priorities shall serve as guidelines for Notices of Funding Availability: 1. Extremely low-income (below 30% of area median income): Target 30% of UHTF funds. 2. Very low-income (30% to 50% of area median income): Target 25% of UHTF funds. 3. Low-income (50% to 80% of area median income): Target 15% of UHTF funds. 4. Moderate-income (80% to 120% of area median income): Target 15% of UHTF funds. 5. Contingency: Target 15% of UHTF funds. These funds can be allocated to provide for any of the identified categories above. V. ANNUAL EVALUATION AND REPORTING After the end of each fiscal year or as soon as reasonably expected thereafter, the Administrator will report to the City Council on the status and performance of the UHTF. The report shall include: A.Annual Evaluation 1. A general evaluation of the use of the UHTF and its effectiveness at meeting stated objectives and General Plan Housing Element goals; and 2. The degree to which funded projects have helped meet the City’s housing needs. B.Performance Report 1. A summary statement of all UHTF activity, including a summary of uses; 2. The total amount of state, federal and private funds leveraged; 3. The number of units assisted with UHTF funds, broken down by household income categories; 4. The per unit expenditure amount for the UHTF and by project; 5. The monthly rent of UHTF-assisted units or the sales prices of homeownership units; : City Of Ukiah Housing Trust Fund Administrative Guidelines6 CITY OF UKIAH HOUSING STRATEGY OVERVIEW The City of Ukiah will develop programs and tools designed to stimulate the Ukiah housing market. Through a two-part strategy, the City will deploy new funding, analyze zoning policy for regulatory relief, and continue the utilization of successful incentives to encourage additional housing production for affordable (“low- and moderate-income”) and middle-income households. Key components of this strategy are presented below. 1.Affordable Housing Strategy Ukiah’s affordable housing strategy is targeted at households with incomes of no more than 80% of Area Median Income. Central to this strategy is the creation of a housing trust and revolving loan fund- the Ukiah Housing Trust Fund. Picture of Sun House Senior Apartments – PEP Housing, October 2017 A.Ukiah Housing Trust Fund (UHTF) The UHTF will serve as the umbrella for all affordable housing activities, including new and existing housing grants and programs. This provides a centralized and recognizable resource for participating households and affordable housing developers. Principal funding for the UHTF and its corresponding revolving loan fund is derived from former Redevelopment Agency housing bond proceeds. A majority of this funding is expected to be awarded to affordable housing developers in the form of below market interest rate loans and grants towards the production of housing units. Federal and state programs operated through the UHTF will largely focus on individual households. B. Activities Funded by the UHTF Activities funded are expected to include, but may not be limited to, the following: 1.Creation of new affordable units; 2.Purchase of vacant and underutilized land (land assembly) for the purpose of facilitating future affordable housing production 21 Page1 of 2 3. Assistance with multi-family housing rehabilitation projects; 4. Conversion of market rate units to affordable housing units; 5. Preservation of existing affordable housing; 6. Construction of accessory dwelling units; 7. First time homebuyer loans; 8. Single-family housing rehabilitation loans; and 9. Predevelopment assistance to non-profit and for-profit developers with project feasibility and preliminary design studies for potential affordable housing projects. C. UHTF Guidelines and Deployment Allocations Prior to the launching of the new Housing Trust Fund, Staff will develop UHTF guidelines for City Council review and approval. Included will be recommended deployment allocations for each of the major activities of the UHTF. D. Marketing and Engagement Housing Division Staff will design a marketing and engagement approach aligned with existingVisit Ukiah and other City of Ukiah marketing strategies. The approach is expected to include the development of marketing materials like informational flyers and handouts and the creation of a new Housing Division webpage. It is anticipated that existing Community Development and Planning Department webpages will be updated during the drafting of the new Housing Division webpage so that Department programs and resources are more synergized. Included in the marketing and engagement strategy will be a highlight of existing incentives and tools such as the Fee Deferral Program, Title 24 Rebate Program and other energy rebates available to developers. 2. Middle-Income Housing Strategy Ukiah’s Middle-Income Strategy seeks to remove impediments to housing development through regulatory relief and innovative zoning practices. A. Regulatory Relief Analysis Staff will investigate zoning ordinances and Ukiah City Code for possible relief and present a report with recommendations to Council. Specific areas of analysis will include the following: By-right residential uses in other zoning districts Reduction of parking and setback requirements Development of an offsite mitigation bank for Low Impact Development (LID) B. Community Benefit Zoning This is perhaps the most experimental approach in the City’s Housing Strategy. Staff will research possible regulations and policies to establish incentive-based zoning towards encouraging additional housing opportunities affordable to middle income households. A report of findings, with recommendations, will be presented to the Planning Commission for input prior to being presented to City Council. Included will be a short feasibility analysis into utilization of a Neighborhood Pilot Program and Middle Income Citizen Advisory Board. 22 23 24 25 26 27 28 29 2: 31 32 33 34 35 36 37 38 City of Ukiah Community Development Department Housing Services Division 300 Seminary Avenue Ukiah, CA 95482 Ph: (707) 463-6219 Email: housing@cityofukiah.com January 2, 2018 Notice of Funding Availability And Application January 2018 Housing Trust Fund NOFA 39 CITY OF UKIAH Notice of Funding Availability (NOFA) Housing Trust Fund Program January 2, 2018 On behalf of the City of Ukiah, the Community Development Department is pleased to announce the availability of at least $500,000 to assist in the creation, rehabilitation, and preservation of affordable housing. This is the first NOFA released through the City’s Housing Trust fund, and the City expects to release a second NOFA in July or August. Additional funding may be available for proposals received under this NOFA that meet the requirements of other funding sources. Awards of funding will be provided as loans. Affordable housing projects receiving funding from the Housing Trust Fund must be affordable to those earning at or less than 80% of the area median family income. Affordability must be provided by the imposition of rent or resale restrictions recorded with a 55-year affordability covenant. Certain programs like HOME may have additional restrictions. Projects that apply to the NOFA will be ranked based on scoring criteria in this NOFA. Working with a new committee being formed to advise staff on housing trust fund activities, staff will request the City Council approve the ranked list of projects and a total amount of funds to be awarded. Top ranking projects will be awarded from current fiscal year funds and subsequent projects from next fiscal year funds. City loans are provided for new construction of affordable rental and homeownership projects, rehabilitation, redevelopment of underutilized land and buildings, and construction of accessory dwelling units. City loans are intended to partially fill the gap between development costs and financing available from private and other public sources. Applicants are expected to pursue funding from all available sources. Interested applicants should complete the attached Ukiah Housing Trust Fund (UHTF) application. Completed applications are due Friday, February 16 at 4:00 P.M. and can be mailed or hand-delivered to the following address: Housing Trust Fund Program Community Development Department City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Questions regarding this NOFA should be addressed to Craig Schlatter, Community Development Director, at cschlatter@cityofukiah.com or 707-463-6219. Please visit the City’s web site at www.cityofukiah.com for more information and updates on the Housing Trust Fund Program. Navigate from the home page to “City Hall » City Departments » Community Development » Housing Services Division” and scroll to the Housing Trust Fund Program. 3: 2 Scoring Criteria Complete applications will be scored in the following categories. Maximum points in each category are noted. Some categories are not applicable for certain types of projects. Rental Ownership Self- Score 1. Financial Characteristics 5555 A. Leveraging 2525 B. Funding Commitments 3030 2. Target Population and Project Attributes* 3535 A. Income targeting 1015 B. Unit size 510 C. Units for people with special needs 105 D. Units for homeless 105 3. Developer Experience and Capacity 4040 A. Overall affordable housing experience 2020 B. Experience developing housing in Ukiah 55 C. Developer team experience 1515 4. Readiness 2020 A. Site control 510 B. Development entitlements secured 55 C. Pre-development meeting held with City staff 105 5. Bonus Points 5050 A. Construction of new affordable housing units, 2/3 1515 of which are affordable to households with incomes at or less than 60% AMI B. Use of energy efficiency, net-zero, or other 55 sustainable/green features above Title 24 C. Utilization of other funding sources in addition to 1010 Housing Trust Fund D. Conversion of underutilized land and/or buildings 1010 to affordable housing E. Healthy community components 55 F. Connectivity with existing or proposed 55 pedestrian/bicycle paths and trails Total Possible Points 200200 *For Scoring Criterion #2- Target Populations and Project Attributes, applicants are encouraged to review the City of Ukiah’s General Plan Housing Element, located on the City’s website: www.cityofukiah.com. Please navigate from the City’s home page to “City Hall » City Departments » Community Development » Documents and Maps” and scroll through the General Plan to the Housing Element. 41 3 General Loan Terms If loan terms other than those listed below are sought for a project, this must be explicitly stated in the cover letter and a separate explanation provided in the application. Such requests are granted at the sole discretion of the City. Loan Terms Loans for rental and homeownership projects are typically provided at a simple interest rate of zero to three percent (0-3%) per annum, for a term of fifty-five (55) years. Payments of interest and principal will be due from excess cash flow from operations after payment of operating costs, senior debt, reserves, and deferred developer fee. To the extent payments cannot be made, they may be deferred for the term of the loan. All loans are due on sale, refinancing, transfer (except to a related entity, such as a limited partnership, subject to City approval) or at the end of the fifty-five (55) year term. City loans will be evidenced by a promissory note secured by a deed of trust on the project. A loan agreement will specify all development obligations. Post-occupancy use restrictions will be enforced through a regulatory agreement recorded against the project – including both the land and the improvements. The minimum term for affordability restrictions is 55 years. Timeline of City Commitments City financing commitments are made for 24 months from date of City Council approval. All other sources of funds must be committed within that time frame. A one-year extension can be requested with sufficient justification. If the extension period elapses without the commitment of full project financing, the City funding commitment will be revoked and the project must re- compete for funds through the NOFA. Further extensions will only be granted in extraordinary circumstances. The inability to meet a project schedule may also result in negative points for future NOFA applications. Projects funded with HOME must complete construction within four years of signing a written agreement with the City. All projects are subject to state prevailing wage requirements, and HOME and CDBG-funded projects are subject to federal prevailing wages. For homeownership projects, any unit that does not have an executed purchase contract with an eligible homebuyer within nine months of construction completion must be converted to a HOME rental unit that complies with all HOME requirements. Scoring – Bonus Points Given the limited supply of affordable housing, the City will be prioritizing projects in this first NOFA that produce additional housing units. Additional bonus points can be attained by the applicant for the following activities: Use energy efficiency, net-zero, or other “sustainable/green” features above Title 24; Utilize other sources of funding in addition to housing trust funds; Convert underutilized land and/or buildings to affordable housing; Incorporate healthy community components into design – i.e. common areas, open space, community rooms, community gardens, etc.; Connect the project with existing or proposed pedestrian/bicycle paths and trails. 42 4 Application for Funding January 2018 Ukiah Housing Trust Fund Project Name: _________________________________________________________ Project Location: _______________________________________________________ Amount of Loan Requested: ______________________________________________ Please check the programs and incentives your organization is applying for: _____ Low and Moderate Income Housing Asset Fund (LMIHAF) _____ Home Investment Partnerships Program (HOME) _____ Community Development Block Grant (CDBG) _____ City of Ukiah Fee Deferral Program Please see Exhibit A for information about this program. _____ City of Ukiah Electric Utility Rebate For more information on this program, please contact the City of Ukiah Electric Utility Department at (707) 467-5711. Please note: funding for the January 2018 NOFA is only available through the LMIHAF. As other funding programs become available, the City will reach out regarding your interest as indicated above. 1. APPLICANT INFORMATION Organization: ________________________________________________________ Address: ___________________________________________________________ ___________________________________________________________ Contact Person: ______________________________________________________ Email: ______________________________________________________________ Phone: __________________________________ Fax: _______________________ 2. APPLICANT BACKGROUND AND EXPERIENCE Legal Status __ General Partnership __ Individual __ Limited Partnership __ Corporation __ Nonprofit Organization __ Local Government __ Joint Venture __ Other (please specify) Date of Incorporation: _______________________________________________ 43 5 Status of Organization __ Currently Exists __ To be formed, estimated date: ______________________________________ __ Federal Tax I.D. Number: __________________________________________ Developer Type __ Nonprofit __ For Profit __ Joint Venture Housing Experience Please complete the below chart. Attach additional pages as necessary. New Project Name/Brief # of Construction/ FundingYear DescriptionAddress UnitsRehab/Other Source(s)Completed 44 6 3. SITE INFORMATION Current Site Use: Residential:Number of Units______________ Commercial: # of Bldgs. Sq. Ft. Vacant Occupied If occupied, briefly describe uses: Industrial: # of Bldgs. Sq. Ft. Vacant Occupied If occupied, briefly describe uses: Parking Lot: # of Parking Spaces In Use Not In Use Vacant Lot Site Control (if applicable): Does applicant have site under option or purchase contract? When does option or purchase contract expire? Purchase price of site $ Are on and/or off-site improvements needed? If yes, give details. Please note: applicants not having site control should be able to attain this within six months of an award of funding. 45 7 4. PROPOSED PROJECT Project Name: _______________________________________________________ Proposed address and/or APN for Project: _________________________________ ___________________________________________________________________ Target Population: Type of Project: Elderly _____ New Construction _____ Disabled _____ Acquisition/Conversion _____ Family _____ Rehabilitation _____ Other (specify) _____ Preservation _____ Estimated date of project completion: Number of Stories Elevator?Yes No Number of Units by bedroom size and square footage: SRO at SF each 3 BR at SF each 0 BR at SF each 4 BR at SF each 1 BR at SF each 2 BR at SF each Total Units Other special features and Amenities: Please feel free to attach additional pages to describe the proposed project. 5. BONUS POINTS Please check all of the following the project will incorporate: ______ Construction of new affordable housing units, 2/3 of which are affordable to households with incomes at or less than 60% Area Median Income ______ Use of energy efficiency, net-zero, or other “sustainable/green” features ______ Utilization of funding sources in addition to UHTF ______ Conversion of underutilized land and/or buildings to affordable housing ______ Healthy community components – common areas, open spaces, etc. ______ Project connectivity with existing pedestrian/bicycle paths and trails 46 8 ADDITIONAL REQUIRED DOCUMENTATION The following documents must be attached to the application, as applicable: Narrative Description of Site Site Plan and Proposed Development Developer Experience and Preliminary Title Report Capacity Documentation Articles of Incorporation, Evidence of Site Control Bylaws, Tax Exempt Determination from I.R.S., List of Board Members, Corporate Borrowing Resolution Environmental Assessment Insurance Planning and zoning Community Acceptance Plan information Appraisal Budget (Sources and Uses) Rent Roll Development Pro Forma, showing developer fees Financial Statements Location Map of Proposed Site 47 9 BORROWER’S CERTIFICATION Applicant hereby certifies that it has read and understands the regulations governing the Ukiah Housing Trust Fund Loan Program, that it agrees to abide by such regulations, and that violations of these regulations shall constitute grounds for cancellation of any commitment or loan. Applicant hereby certifies that the information submitted in the Loan Application and any supporting materials is true, accurate, and complete to the best of its knowledge. Applicant acknowledges and understands that if facts and/or information herein are found to be misrepresented, it shall constitute grounds for the default of the Ukiah Housing Trust Fund Loan for which application is being made. __________________________________ __________________________________ Signature Date __________________________________ __________________________________ Signature Date 48 10 49 4: 51 2 3 4 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: KEVIN DOBLE – MAYOR MAUREEN MULHEREN - VICE MAYOR DOUGLAS CRANE - COUNCIL MEMBER STEVE SCALMANINI - COUNCIL MEMBER JIM BROWN - COUNCIL MEMBER SAGE SANGIACOMO – CITY MANAGER TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER MARY HORGER – PROCUREMENT MANAGER KRISTINE LAWLER – CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS JUNE 2018 5 Smith Street Rehabilitation Project ii Spec No. 15-12 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT........................................................................... 5 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 4 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION 4. BONDS...................................................................................................................................... 6 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 6 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8 6 Smith Street Rehabilitation Project iii Spec No. 15-12 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK .................................................................................................... 16 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 7 Smith Street Rehabilitation Project iv Spec No. 15-12 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ............................................................................................................................. 17 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................... 20 11-01. Notice 11-02. Computation of Time 11-03. Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION .................................................................................................. 23 12-01. Location and Scope of Work 12-02. Arrangement of Technical Specifications 12-03. Arrangement of Plans 12-04. Business Licenses 12-05. Permits 12-06. Standard Specifications and Standard Plans 12-07. Temporary Facilities 12-08. Public Convenience and Safety 12-09. Maintaining Traffic 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Preconstruction Conference 12-14. Safety Requirements SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 25 13-01. Contract Drawings 13-02. Order of Work 13-03. Schedule 13-04. Preservation of Property 13-05. Watering 13-06. Air Quality and Dust Control 13-07. Existing Highway Facilities 13-08. Mobilization 13-09. Removal of Frontage Improvements 13-10. Excavate Street Section 13-11. Prepare Subgrade 13-12. Geotextile Stabilization Fabric 8 Smith Street Rehabilitation Project v Spec No. 15-12 13-13. Class 2 Aggregate Base 13-14. Hot Mix Asphalt Paving 13-15. Minor Concrete 13-16. Concrete Curb and Gutter 13-17. Concrete Driveway Approach 13-18. Concrete Sidewalk 13-19. Provide Temporary Pedestrian Access 13-20. Hot Mix Asphalt Transition Area 13-21. Remove and Replace Drop Inlet 13-22. Salvage and Reinstall Signs 13-23. Pavement Markings and Wheel Stops 13-24. Material Recycling 13-25. Adjust Existing Valve and Meter Boxes and Reset Monitoring Well Cap 13-26. Construction Staking 13-27. Public Notification SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 37 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 37 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST ...................................................................................................................... 38 PROPOSAL ................................................................................................................................................. 39 BIDDING SCHEDULE ................................................................................................................................... 39 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 43 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 44 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 45 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 46 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 47 SIGNATURE OF BIDDER ............................................................................................................................. 48 BIDDER'SBOND .......................................................................................................................................... 49 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 50 AGREEMENT ............................................................................................................................................... 51 INDEMNIFICATION AGREEMENT ............................................................................................................... 55 EXAMPLE BOND FORMS ............................................................................................................................ 56 9 Smith Street Rehabilitation Project vi Spec No. 15-12 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 60 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 61 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: ATTACHMENT ‘A’ –CONTRACT DRAWINGS : Smith Street Rehabilitation Project vii Spec No. 15-12 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR SMITH STREET REHABILITATION PROJECT SPECIFICATION NO. 15-12 NOTICE IS HEREBY GIVEN that sealed standard proposals for the SMITH STREET REHABILITATION PROJECT will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Wednesday, July 25, 2018, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed “SMITH STREET REHABILITATION PROJECT." Bids are required for the entire work described herein. No fax bids will be accepted. ENGINEER'S ESTIMATE OF QUANTITIES Item No. Description Quantity Unit of Measure 1 LS 1. Mobilization 2405 SF Remove Frontage Improvements 2. 7030 SF Excavate Street Section 3. 9009 SF Prepare Subgrade 4. 1001 SY Geotextile Stabilization Fabric 5. 615 TON Class 2 Aggregate Base 6. 198 TON Hot Mix Asphalt Street Paving 7. 208 LF Concrete Curb and Gutter 8. 403 SF Concrete Driveway Approach 9. 1729 SF Concrete Sidewalk 10. Hot Mix Asphalt Transition Area 11.650 SF Remove and Replace Drop Inlet 12.1 EA Salvage and Reinstall Signage 13.1 EA Pavement Markings and Wheel Stops 14.1 LS Scope of Work consists of the reconstruction of a section of East Smith Street over an area of approximately 254 linear feet in the block between Mason Street and Main Street. Work generally includes, but is not limited to, demolition, removal and reconstruction of the street aggregate base and pavement from gutter pan to gutter pan; sidewalks, curbs, gutters, and driveway apron, along the north side of the street; and demolition and construction of pavement to conform grades between the back of sidewalk and the adjacent parking lot. A MANDATORY PRE-BID MEETING will be held at 10:00 am on July 12, 2018 at the project site – convening in front of 262 E. Smith Street, Ukiah, CA 95482. Plans and Special Provisions may be inspected and/or copies obtained for a non-refundable fee of $19.40. Plans and Special Provisions may also be downloaded at no charge from the City’s website at www.cityofukiah.com/purchasing. Contact Mary Horger, Procurement Manager, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax phone (707) 313-3621. The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders. 21 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 except as allowed under Labor 22 INSTRUCTIONS TO BIDDERS Smith Street Rehabilitation Project shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within sixty (60) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. 23 Smith Street Rehabilitation Project 1 Spec. No. 15-12 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. Bidders should anticipate that there may be soft spots encountered which will require additional subexcavation to depths of up to 1.5 feet below planned subgrade, and the placement of geogrid under compacted aggregate base to bring the subexcavation back to the planned subgrade. The extent of such subexcavation could encompass as much as 15% of the area within the project and be scattered in small areas at random throughout the work area. Such subexcavation and backfilling shall be paid for as extra work, with commensurate extension of time for completion. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. A mandatory pre-bid conference will be held at 10:00 a.m., July 12, 2018 at the project site at the sidewalk in front of 262 E. Smith Street, Ukiah, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Procurement Manager Fax: (707) 313-3621 Email:mhorger@cityofukiah.com The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening. Location of the Work All of the work to be performed is within the City of Ukiah. Project is located in the vicinity of addresses 262-274 E. Smith Street, Ukiah, CA 95482 and the parking lot to the west of said buildings. 24 Smith Street Rehabilitation Project 2 Spec. No. 15-12 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer or Architect duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her 25 Smith Street Rehabilitation Project 3 Spec. No. 15-12 business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 26 Smith Street Rehabilitation Project 4 Spec. No. 15-12 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it 27 Smith Street Rehabilitation Project 5 Spec. No. 15-12 appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 28 Smith Street Rehabilitation Project 6 Spec. No. 15-12 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 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. 29 Smith Street Rehabilitation Project 7 Spec. No. 15-12 b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. 2: Smith Street Rehabilitation Project 8 Spec. No. 15-12 Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 31 Smith Street Rehabilitation Project 9 Spec. No. 15-12 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits not provided by Owner, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 32 Smith Street Rehabilitation Project 10 Spec. No. 15-12 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the 33 Smith Street Rehabilitation Project 11 Spec. No. 15-12 amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD. The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. 34 Smith Street Rehabilitation Project 12 Spec. No. 15-12 Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re- examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and 35 Smith Street Rehabilitation Project 13 Spec. No. 15-12 reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, 36 Smith Street Rehabilitation Project 14 Spec. No. 15-12 terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. 37 Smith Street Rehabilitation Project 15 Spec. No. 15-12 All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim 38 Smith Street Rehabilitation Project 16 Spec. No. 15-12 and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 39 Smith Street Rehabilitation Project 17 Spec. No. 15-12 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 3: Smith Street Rehabilitation Project 18 Spec. No. 15-12 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of 41 Smith Street Rehabilitation Project 19 Spec. No. 15-12 materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.05 "Changes and Extra Work", and Section 9-1.04 "Force Account Payment" of the Standard Specifications. This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: 42 Smith Street Rehabilitation Project 20 Spec. No. 15-12 (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract. (B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. b. (1) (A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. 43 Smith Street Rehabilitation Project 21 Spec. No. 15-12 (D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. 11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. 44 Smith Street Rehabilitation Project 22 Spec. No. 15-12 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of the reconstruction of a section of East Smith Street in Ukiah. Work generally includes, but is not limited to, demolition, removal and reconstruction of the street aggregate base and pavement section across the width of Smith Street; sidewalks, curbs, gutters, and driveway approach, along the north side of the street; adjusting boxes and lids of existing meters and valves; removal of an existing drop inlet on the north side of Smith Street and installation of a new drop inlet at that location; demolition and construction of pavement to conform grades between the back of sidewalk and the adjacent parking lot; and salvaging and reinstalling existing signage, and all related work whether or not specifically specified herein. The general location of the work to be performed is over an area of the right of way, approximately 254 linear feet along Smith Street, between Mason Street and Main Street, and extending into the parking lot of 262 E. Smith Street on the north side of the street. The Contractor should familiarize himself or herself with the local conditions of the project sites. Failure to do so will in no way relieve him or her of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger, Procurement Manager, City of Ukiah, at (707) 463-6233. 12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-03. Arrangement of Plans. The Plans consist of three sheets numbered 1 through 3 and are hereby made part of the contract documents, referred to as Attachment “A”. Attachment A is comprised of a separately bound set entitled “Improvement Plans for Smith Street Rehabilitation Project.” 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2010, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works. Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. (City) Special Provisions 45 Smith Street Rehabilitation Project 23 Spec. No. 15-12 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03, "Public Convenience, " 7-1.04, "Public Safety," 12-1.03, "Flagging Costs," and 12-4.02, " Closure Requirements," of the California Standard Specifications, and these Special Provisions. Except as specified below, Smith Street between Mason and Main Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work area with as little inconvenience and delay as possible. During removal of existing street pavement, excavation to planned subgrade, placement of geogrid, spreading and compaction of aggregate base, and placing and compacting HMA surfacing, the street may be closed to vehicular traffic for a maximum of five days, Monday through Friday. During this time, the new sidewalk shall be open and available to the public for access to the buildings. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. 12-10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. Gibson Creek passes through the site at the eastern end with two direct conveyances from the street into the channel. The contractor shall protect those inlets from potential stream pollution by maintaining them closed during all operations of the rehabilitation project. In the case of rainfall during the project, the use of Best Management Practices(BMP’s) to filter sediment and hydrocarbons from any runoff may be employed. If rainfall is predicted, the contractor shall notify the Engineer of the proposed BMP’s prior to their installation. Such notification shall in no way relieve the contractor of his or her liability to the various resource agencies to comply with laws and regulations prohibiting pollution from entering the stream. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 46 Smith Street Rehabilitation Project 24 Spec. No. 15-12 SECTION 13 - CONSTRUCTION DETAILS 13-01. Contract Drawings. See Attachment A, a separately bound set entitled “Improvement Plans for Smith Street Rehabilitation Project.” 13-02. Order of Work When Order of Work is required by the Special Provisions or plans, the contractor shall follow the sequence of operations as set forth therein. Physical work on the site shall not commence until a “No Fee” encroachment permit is issued by the City of Ukiah. There are a number of existing underground utilities located within the project limits. It is the Contractor’s responsibility to verify the horizontal and vertical locations of all utilities a minimum of 7 working days in advance of beginning demolition. Directly adjacent to the area where the work is to be performed are several businesses to which the public requires access. Contractor shall plan and execute work in a manner that provides safe access at all times. It is understood that it may be necessary to block access to the doorway entrances at critical times. Contractor shall coordinate with building occupants, so that disruptions to access are minimized. Payment:Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 13-03. SCHEDULE The Contractor shall prepare a construction schedule outlining the order and duration of the construction tasks to be performed. Contractor shall indicate periods of time when there will be no parking on Smith Street, when there will be no access from Smith Street to the parking lot, and when there will not be access to the street entrances. Payment:Full compensation for complying with the above provisions shall be considered as included in the contract price for the various bid items and no separate Payment will be made. 13-04. Preservation of Property The Contractor shall conform to the provisions of Section 5-1.36, “Property and Facility Preservation” of the California Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore. Protect existing surveying control points and monuments within the project areas. Any disturbed survey control points and monuments shall be reset by a Land Surveyor registered in the State of California. Payment: Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no separate compensations will be allowed therefore. 13-05. Watering Developing water supply and applying shall conform to the provisions in Section 17 of the California Standard Specifications and these Special Provisions. Construction water for the work under this contract will NOT be furnished by the City. Water shall not be obtained from any of the nearby property owners without their written permission. Payment: Full compensation for developing and applying water conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore. 13-06. Air Quality and Dust Control. It shall be the responsibility of the Contractor to obtain this permit from the Mendocino County Air Quality Management District (AQMD) and comply with the provisions. Dust control shall conform to the provisions in Section 14-9.03 of the Standard Specifications and these Special Provisions. Payment: Full compensation for securing an AQMD permit and performing dust control, including control of dust from public traffic, shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 47 Smith Street Rehabilitation Project 25 Spec. No. 15-12 13-07. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions. All existing highway facilities to be demolished and removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 13-24 of these Special Provisions. Reference is made to Section 13-21 “Remove and Replace Drop Inlet”, Section 13-22 “Salvage and Reinstall Signs”, and Section 13-25 “Adjust Existing Valve and Meter Boxes and Reset Monitoring Well Caps” for additional facilities which require protection, salvage and re-installation, or replacement. 13-08. Mobilization. Mobilization shall include the obtaining of all permits, moving onto the site of all equipment, temporary buildings, if needed, and other construction facilities as required for the proper performance and completion of the work. Mobilization shall include but not be limited to the following principal items: 1. Signed Contract by the City and the Contractor. 2. Completion of all tasks and submittal of all documents (bonds, insurance, schedule, etc.) required as conditions of issuing the Notice to Proceed. 3. Moving onto the site of all Contractor’s equipment required for operations. 4. Installing temporary construction water supply, power, wiring and lighting facilities, as required. 5. Providing field office trailers if needed by the Contractor. 6. Providing all on-site communication facilities, including telephones and radio pagers. 7. Obtaining all required permits. 8. Having all OSHA required notices and establishment of safety programs. 9. Attendance at Pre-Construction Conference of Contractor’s principal construction personnel. 10. Beginning work on the project or at the subject site as applicable, including submittal of required Construction Schedule to Engineer. Payment: Mobilization will be paid for as a lump sum which price shall include all labor, materials, and equipment and incidentals, and for doing all work involved in mobilization as specified herein. 13-09. Removal of Frontage Improvements The Contractor’s attention is directed to Section 5-1.36, “Property and Facility Preservation” of the Caltrans Standard Specifications and these special provisions. Provide all necessary labor, materials, equipment and tools necessary to sawcut or break pavement to provide clear working space for curb and gutter construction, and to demolish existing curbs, gutters, sidewalks, driveway apron and walkway, on the north side of Smith Street within the designated project area. Work of this item also includes loading and disposal of materials in accordance with Section 13-24 “Material Recycling”, salvaging sign and meter boxes for reuse, protecting features within the sidewalk area such as but not limited to meters, cleanouts, rain leaders, double check valve assemblies, utility poles, guy wires, etc. Contractor shall hand dig around the two monitoring well caps, and protect the well casing from damage and from intrusion of silt and debris. The caps will be adjusted during final sidewalk construction. All concrete which is to be removed from sidewalk, curb, gutter, and gutter pan, shall be removed to the nearest score mark or construction joint on each end of the project, as directed by the Engineer, unless otherwise noted on plans. Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will be made for the removal of such steel. If no sawcut exists at the tool joint between concrete to be removed and concrete to remain in place, the concrete shall be cut along the tool joint to a minimum depth of 2 inches with a power driven saw before the concrete or asphalt concrete is removed. All sawcutting operations shall be “wet” for dust control purposes. All improvements which are not planned to be removed as part of this work, but are damaged or destroyed by reason of the Contractor’s operations shall be replaced in kind or restored to a condition as good as when the Contractor encountered the work at the Contractor’s expense. 48 Smith Street Rehabilitation Project 26 Spec. No. 15-12 Measurement and Payment: Removal of curbs, gutters, sidewalks, walks, and driveway apron, shall be measured and paid for at the contract price per square foot as measured in the field. Measurement shall include the length of the project times the width of the sidewalk plus the top width of the curb and the gutter pan, plus the areas of the 6 entry ways and the small walkway at the west end of the building. Payment shall include full compensation for doing all work including required labor, materials, tools and equipment, and no additional allowance will be made therefor. Removal of Frontage Improvements quantity shall be considered a final pay (F) item as described in Section 9- 1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-10. Excavate Street Section Provide all necessary labor, materials, equipment and tools necessary to demolish, excavate and remove the asphalt paving and aggregate base, to a depth of 1.4 feet below the finished street grade from gutter lip on the south side to back of curb on the north side, from approximate Sta 0+39 to approximate Sta 2+90. The existing gutter pan on the south side of Smith Street shall remain. Attention is directed to Section 5-1.36D “Non-highway Facilities” of the Standard Specifications regarding notification of Underground Service Alert (USA) and locating of existing facilities. Horizontal and vertical locations of all known utilities shall be determined by the contractor prior to excavating or grinding. Roadway excavation shall include all excavation as shown on the Project Plans, disposal of excess material, and other work as specified herein. The Contractor shall furnish a qualified grade setter to insure that the subgrade conforms to the lines and grades established by the Engineer. Excavation of the existing asphalt concrete surface shall be performed separately from the base and underlying soil, utilizing an excavator or a pavement grinder. Existing asphalt concrete shall be delivered to a processing site where it can be ground up and recycled. Upon completion of the asphalt concrete removal, and prior to approval of the progress payment for this item of work, the receiving site shall confirm the receipt of the material in writing. Excavation of the aggregate base and underlying soil shall be done with an excavator, situated to load trucks on the area of the street which has been stripped of asphalt concrete, but has not yet been excavated to subgrade. The goal is to prevent heavy wheeled traffic from traversing the subgrade surface. The street may be closed during this operation, which shall be planned to be completed in a maximum of two working days. Measurement and Payment: Excavate Street Section shall be measured and paid for at the contract price per square foot as measured in the field. Measurement shall include the length of the project times the width of the paved section from lip of gutter to lip of gutter. Payment shall include full compensation for doing all work including required labor, materials, tools and equipment, and no additional allowance will be made therefor. Excavation of Street Section quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. Any additional excavation in terms of horizontal or vertical extent performed by the Contractor beyond the limits of the road reconstruction shown on the Project Plans shall be filled with aggregate base and compacted to 95% relative compaction at the Contractor’s expense. Any additional excavation in terms of horizontal or vertical extent performed by the Contractor beyond the limits of the road reconstruction shown on the Project Plans, performed at the direction of the Engineer to address subbase conditions, shall be compensated for as “extra work” in accordance with Section 4-1.05 “Changes and Extra Work” of the Standard Specifications. 13-11. Prepare Subgrade Provide all necessary equipment, materials, labor and tools to grade the subgrade surface to its planned elevation and area. It is anticipated that the subgrade may be soft in areas. The goal is to prevent further deterioration of subgrade conditions. To that end, small and light weight grading equipment is required, such as a small wheeled grader, tracked skid steer, tracked dozer or other equipment which the contractor can demonstrate will not de- stabilize subgrade. Prior to finishing subgrade the contractor shall allow the Engineer to observe the grading equipment passing over the whole site. The purpose of this observation is to determine if there are any areas which appear to be so unstable that the geogrid and aggregate base will not be able to bridge over them. The Contractor will not be required to compact undisturbed roadbed native subgrade material for roadway sections. 49 Smith Street Rehabilitation Project 27 Spec. No. 15-12 If it becomes necessary to stabilize specific additional areas of exposed subgrade, the Engineer will mark the exact locations in the field, after the roadway is excavated and during finish grading operations, and will determine how the area will be addressed. No additional compensation will be made for excavation and stabilization beyond the limits of the areas marked by the Engineer or for excavation and stabilization of locations other than those marked by the Engineer. Upon approval of subgrade by the Engineer, the Contractor shall immediately install the geogrid material in accordance with Section 13-12 “Geotextile Stabilization Fabric” of these special provisions and the aggregate base in accordance with Section 13-13 “Aggregate Base” of these special provisions. Measurement and Payment: Prepare Subgrade shall be measured and paid for at the contract price per square foot as measured in the field. Measurement shall include the total combined area of Section 13-09 “Remove Frontage Improvements” and Section 13-10 “Excavate Street Section” of these Special Provisions. Payment shall include full compensation for doing all work including required labor, materials, tools and equipment, and no additional allowance will be made therefor. Areas requiring additional subgrade stabilization, as determined by the Engineer, shall be compensated for as “extra work” in accordance with Section 4-1.05 “Changes and Extra Work” of the Standard Specifications. Prepare Subgrade quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-12. Geotextile Stabilization Fabric Provide all necessary equipment, materials, labor and fees to furnish and install geotextile stabilization fabric over prepared subgrade covering all areas under sidewalks and entrances, curbs and gutters, driveway approach, and street area. Soil stabilization fabric shall be Tensar TX130S Geogrid, or approved equivalent. The material shall be installed per manufacturer’s recommendations and as specified herein. Prior to placement of soil stabilization fabric, the Contractor shall remove all loose dirt left from excavation operations and smooth out any ruts, to the extent practical, left by the finish subgrade operation. The fabric shall be installed such that it overlaps a minimum of three feet at the selvage edges and a minimum of three feet at ends. Lap fabric on the ends in the direction of equipment travel planned to place the aggregate base. It is an acceptable option to install the fabric perpendicular to the traveled way. If that option is selected, lap the edges in the direction of equipment travel planned to place the aggregate base. The contractor shall take necessary measures to assure that the fabric is laid smooth and free of wrinkles. Attention is directed to the manufacturer’s installation manual about how to tension and pin the fabric prior to the placement of aggregate base. If the contractor elects to construct the curb and gutter and/or sidewalk prior to removing the paved section of the street, an allowance shall be made for the geotextile to extend at least three feet beyond the gutter lip to provide for the lateral overlap of fabric under the street section. Any excavation for subgrade stabilization done by the Contractor to accommodate equipment width beyond the limits of the areas marked by the Engineer shall be at the Contractor’s expense. Measurement and Payment: Geotextile Stabilization Fabric shall be measured and paid for at the contract price per square yard of area covered (not fabric used) as measured in the field. Measurement shall include the total combined area of Section 13-09 “Remove Frontage Improvements” and Section 13-10 “Excavate Street Section” as described previously. Payment shall include full compensation for doing all work including required labor, materials, tools and equipment, and no additional allowance will be made therefor. For the purpose of payment, geotextile fabric will be measured horizontally in place, not including overlaps or folds. Geotextile Stabilization Fabric quantity shall be considered a final pay (F) item as described in Section 9- 1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-13. Class 2 Aggregate Base Aggregate base shall be placed, moisture conditioned, graded, and compacted under the roadway paving, curbs, gutters, sidewalks, and walkways to the grade or limits shown on the plans. Aggregate base shall be placed in two layers. The first layer shall be 0.67 feet (8 inches)thick in loose thickness. It shall be compacted to 90% relative compaction. The second layer shall be that required to complete the 1.0 foot(12”) thickness when it is compacted to finish base grade. It shall attain a relative compaction of 95% when tested in the upper two inches of finish base 4: grade. Smith Street Rehabilitation Project 28 Spec. No. 15-12 Aggregate base be Class 2, 3/4” maximum gradation, conforming to the provisions in Section 26 “Aggregate Bases” of the California Standard Specifications. Aggregate base shall be placed in two lifts as described above. For the first lift, arrange delivery such that end- dump trucks will dump product on previously placed aggregate base or on the paved surface of the street to be left in place at the ends of the project. Spread the material with a rubber tracked skid steer from the existing pavement. After the material is spread far enough away from the existing pavement, a low ground pressure dozer may be used to spread the material after each load is dumped. No compaction will be allowed until the bottom lift of Class 2 aggregate base has been placed and spread to rough grade on subgrade and fabric. Equipment will not be allowed on subgrade and fabric at any time. Coordinate compaction testing and review by the Engineer to approve the installation of the bottom lift before beginning delivery and spreading the upper lift. For the upper lift, trucks may roll across the compacted and approved lower lift, maintaining a speed of 5 mph. Measurement and Payment: Class 2 Aggregate Base shall be measured and paid for at the unit price per ton as verified by weight certificates provided by the weighmaster at the aggregate source. Certificates shall be supplied at the time of delivery. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and all work including, but not limited to, providing, placing, grading, moisture conditioning, and compacting aggregate base as shown on the plans, as specified in these Special Provisions and as directed by the Engineer and no additional compensation will be allowed. The weight certificates are required for record keeping purposes and not for payment purposes, unless the dimensions shown on the plans are changed. Then the unit price per ton shall establish the value of the extra work and the payment for extra work shall be the difference between the final pay quantity and the total quantity of aggregate base used. Class 2 Aggregate Base shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-14. Hot Mix Asphalt Paving The entire width of E. Smith Street, from the existing gutter lip on the south side of the street to the new gutter lip on the north side, over a distance of approximately 254 linear feet, will be repaved with hot mix asphalt(HMA) over new stabilization fabric and Class 2 aggregate base. The HMA will be placed in two lifts, with a total thickness of 0.4 feet. The lifts shall not exceed 0.25 feet in thickness, nor be less than 0.15 feet in thickness. The City has the option of performing compaction testing at its expense, but in general, the HMA will be placed under a “methods” specifications. The HMA construction process will be a “Method” Process. Attention is directed to Sheet 2 of the Project Plans. An area of asphalt concrete on private property must be planed and overlaid with HMA in order to have a smooth transition from the back of the new sidewalk to the parking and access way on private property north of Smith Street. General. HMA shall be provided in accordance with the Standard HMA construction process and conform to the Caltrans Section 39 “Hot Mix Asphalt” of the 2010 Standard Specifications and as detailed in these special provisions. Only those methods of construction and quality assurance/quality control specified herein apply. Quality Control Plan.Contractor shall establish, implement and maintain a Quality Control Plan (QCP) to ensure materials and work comply with the specifications and the corrective actions required to control the quality of work. The QCP shall comply with these special provisions and Section 39-2.02 “Contractor Quality Control” of the Standard Specifications. The Contractor shall not begin hot mix asphalt production or placement without written approval from the Engineer of the QCP and an approved JMF. Approval of the QCP and JMF by the Engineer does not relieve the contractor of responsibility for quality control or work methods. Contractor shall attend a pre-paving conference with the Engineer to discuss methods of performing the production and paving work and how quality control will be performed throughout. Qualifications of workers: Provide sufficient skilled workers and supervisors who shall be present at all times during execution of this portion of the Work and who shall be thoroughly familiar with the type of construction involved and the materials and techniques specified. Codes and standards: Wherever a test method is referenced in this section, it shall be made in accordance with the most current test method in use by Caltrans in the State Standard Specifications. Submittals. The Contractor shall provide the Engineer with the following information a minimum of 10 days prior to commencing the Work: 1. Hot mix asphalt job mix formula (JMF) in accordance with Caltrans Standard Specifications. 51 a. Proposed JMF on Form CEM-3511: Include percentage of reclaimed asphalt pavement (RAP) Smith Street Rehabilitation Project 29 Spec. No. 15-12 b. Mix design documentation, data and aggregate quality on Form CEM-3512 dated within 12 months of submittal. c. JMF verification on Form CEM-3513, if applicable d. JMF renewal on Form CEM-3514, if applicable e. Materials Safety Data Sheets (MSDS) for: i. Asphalt binder ii. Supplemental fine aggregate except fines from dust collectors iii. Antistrip additives 2. Written confirmation from the supplier that the JMF to be supplied meets all specified requirements. Tack Coat: The Contractor shall choose the type and grade of asphaltic emulsion tack coat. Submit this information as part of the QCP. Engineer’s Acceptance. Quality control sampling and acceptance testing will be performed by the City. The City reserves the right to perform acceptance testing at frequencies that differ from those specified in the Standard Specifications. A minimum of one sample for Rice Specific Gravity may be takeneach day at the plant during placement of HMA. The Rice Specific Gravity test will be in accordance with ASTM D 2041. Any changes to the JMF requested by the Engineer shall be implemented by the Contractor or a new JMF resubmitted for approval prior to continuing work. In place density tests per CT 375 Nuclear Gage field test may be performed at the City’s expense during HMA operations to verify compaction requirements per Standard Specifications. The frequency of testing may be in accordance with CT 375. Should any test fail to meet density requirements, the City may take density core samples to verify density results and pavement thickness. Contractor shall be responsible for patching the cores with hot mix asphalt at no additional expense to the City. Products. Tack Coat shall be selected by the Contractor, conforming to the provisions of Sections 39 “Hot Mix Asphalt”, and 94 “Asphaltic Emulsions”, of the Standard Specifications and shall be used between layers of each lift of HMA, and on the face of gutter pans and construction joints. Asphalt binder shall be Grade PG 64-16, conforming to the provisions of Sections 39 “Hot Mix Asphalt”, and 92 “Asphalts”, of the Standard Specifications. Aggregate shall be clean and free from deleterious substances and shall meet the gradation and quality for 1/2-inch HMA Type A. Hot Mix Asphalt shall be 1/2-inch HMA Type A and conform to the latest provisions of Section 39 of the Standard Specifications. The initial course may be placed with 3/4-inch HMA Type A with concurrence of Engineer. HMA batch plant shall be Caltrans-qualified under the Caltrans Materials Plant Quality Program of the Standard Specifications. Reclaimed asphalt pavement shall be acceptable in accordance with the Standard Specifications not exceeding 15.0 percent of the aggregate blend. Construction. During the entire construction period, the Contractor shall take care to protect existing pavement and concrete surfaces. Surfaces scarred by cleanup or equipment shall be repaired in a manner satisfactory to the Engineer. Any and all damage caused by the Contractor's operations to existing roads and streets shall be repaired by the Contractor to at least the original condition and to the satisfaction of the Engineer, at no additional cost to the City. If pavement is damaged (excessive loading, grouser marking, scarring/scraping of pavement, etc.) outside the limits of the work, a full lane width grinding and overlay will be required as directed by the Engineer at no additional compensation to the Contractor. Ensure the area is clean and dry. All material accumulations which would interfere with the adhesion of the tack coat or with the placing and performance of the HMA shall be removed, including dust, loose aggregate, soil, leaves, and pieces or lumps of other foreign material deposited on the surface. A tack coat shall be applied to existing pavement including planed surfaces, between HMA layers, and to vertical surfaces of curbs, gutters and construction joints at the minimum residual rates specified in Section 39-1.09C “Tack Coat” of the Standard Specifications. Immediately in advance of placing HMA, apply additional tack coat to damaged areas or where loose or extraneous material is removed. 52 Smith Street Rehabilitation Project 30 Spec. No. 15-12 Close areas receiving tack coat to traffic. Do not track tack coat onto pavement surfaces beyond the job site. HMA surfacing shall conform to the provisions of Section 39 of the Standard Specifications. Placing HMA shall be done under suitable weather conditions for such operations. Rain, snow or other inclement weather will be cause for discontinuing paving Work. The Engineer shall have the authority for determining whether weather conditions are sufficient cause to postpone work. Spreading and compacting shall be performed in accordance with Section 39-1.10 “Spreading and Compacting Equipment” and Section 39-1.11 “ Transporting, Spreading and Compacting” of the Standard Specifications and these special provisions. HMA may be transferred from the trucks into the hopper of the paving machine by means of a shoulder machine equipped with a conveyor belt. Any equipment used to transfer asphalt concrete to the paving machine shall not exceed the load capacity of any surface it is driven over and, therefore, shall not produce rutting or pumping of the existing roadway surface or newly placed HMA at any time. No trucks or other rubber tired construction equipment are allowed on the subgrade at any time except when proofrolling in the presence of the Engineer. No trucks or other rubber tired construction equipment are allowed on newly placed HMA until the day after the HMA is placed. Longitudinal joints in the top layer must match the centerline of the street. Longitudinal joints in lower HMA layers shall be offset at least 0.5 feet from each side of the longitudinal joint in the top layer. Compaction shall be performed with a steel-tired tandem roller weighing not less than 8 tons and shall consist of not less than 3 complete coverages of the roller over each layer, with proper overlap to prevent displacement. The first coverage shall be completed before the temperature of the mixture drops below 250° F., unless a lower temperature is directed by the Engineer. Finish rolling shall be completed before pavement surface temperature is below 150 degrees F. If a vibratory roller is used as a finish roller, turn the vibrator off. Traffic shall not be allowed on HMA until mid-depth temperature is below 160 degrees F and the pavement surface temperature is below 140 degrees F. The completed surfacing shall be true to grade and cross section, of uniform smoothness and texture, compacted firmly and free from depressions, humps or irregularities. Smoothness shall be measured using a straightedge in conformance with Section 39-1.12B “Straightedge” of the Standard Specifications. Measurement and Payment: Hot Mix Asphalt shall be measured and paid for at the unit price per ton as verified by certified weigh tickets delivered to and signed by the Engineer or Inspector on site. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, transportation, and incidentals, and all work, including but not limited to, grinding and saw-cutting edges of transition areas, furnishing and placing HMA, HMA overlay, tack coat, proof rolling, compaction, and other incidentals as shown on the Plans and specified in the Standard Specifications, these special provisions, and as directed by the Engineer and no additional compensation will be allowed. The weight certificates are required for record keeping purposes and not for payment purposes, unless the dimensions shown on the plans are changed. Then the unit price per ton shall establish the value of the extra work and the payment for extra work shall be the difference between the final pay quantity and the total quantity of HMA used. Hot Mix Asphalt Pavement quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-15. Minor Concrete Minor concrete as required to construct Concrete Curb and Gutter, Concrete Sidewalks, and Concrete Driveway approach, which is to be installed or reconstructed in accordance with the plans, or are damaged by the work, as described in the following subsections, shall conform to Section 51-7 “Minor Structures”, Section 73 “Concrete Curbs and Sidewalks”, and Section 90-2 “Minor Concrete”, all of the Standard Specifications, City Standard Details 101 and 102, the project plans, and in accordance with the requirements of these special provisions. Contractor shall refer to project plans for special details regarding depths of concrete and base material, and compaction requirements which may differ from the Standard Details. Refer to Section 13-12 “Geotextile Stabilization Fabric” and Section 13-13 “Class 2 Aggregate Base” of these special provisions for requirements for subgrade preparation under all areas of concrete work and paving the asphalt street section. The Engineer shall be notified at least 24 hours prior to the placement of geotextile stabilization fabric under the sidewalk areas or under the curb and gutter section in order to allow time for a review of soil conditions. If an area 53 is judged to be unsuitable for the installation of the new concrete curb and gutter or sidewalk, the Engineer shall Smith Street Rehabilitation Project 31 Spec. No. 15-12 specify areas to be removed and replaced with suitable material. Areas requiring additional subgrade stabilization, as determined by the Engineer, shall be compensated for as “extra work” in accordance with Section 4-1.05 “Changes and Extra Work” of the Standard Specifications. The cementitious material content of the minor concrete shall not be less than 505 pounds per cubic yard. All concrete which is to be removed from curb and gutter and sidewalk areas shall be removed to the nearest construction joint or as directed by the Engineer. Joints between old and new concrete shall be neat and free of defects. Sawcutting may be required to achieve this effect. Contractor shall be responsible for replacing all concrete surfaces damaged or destroyed by his operations at no additional cost to the City. Concrete curb, gutter, and sidewalk shall be cured in accordance with the requirements of Section 73-1.03F “Curing” of the Caltrans Standard Specifications except that the Contractor may substitute other than a pigmented sealer upon the approval in writing of such substituted sealer by the Engineer. All oil, paint, tire marks, and other discoloring shall be removed from concrete surfaces by sandblasting prior to acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblasting. Payment: Full compensation for performing the work of this subsection Minor Concrete shall be considered as included in the prices paid for the following items of work, and no additional compensation will be allowed therefore. 13-16. Concrete Curb and Gutter Concrete curb and gutter shall be constructed on the north side of E. Smith Street from the west end of the project at approximate Station 0+39 to the west side of the driveway approach, and from the east end of the driveway approach to the east end of the project at Station 2+90. Where new curb and gutter construction conforms to existing curb and gutter, a minimum of one (1) reinforcing bars, No. 3 or No. 4, twelve inches in length, shall be embedded into the existing curb and gutter by means of drilling a hole, inserting the reinforcing bar, and filling the hole with epoxy grout. These bars shall be embedded six inches with the remainder of the bar in the new concrete. Expansion joints, and transverse weakened plane joints for new concrete curbs shall be placed in accordance with Standard Detail 101. Expansion joints shall be installed on each side of the curb inlet described later in these Special Provisions. Measurement and Payment: Concrete Curb and Gutter shall be measured and paid for at the unit price per linear foot. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, to layout, form, pour, finish, cure, strip, install rebar tie to existing curb, and install joints as shown on the Plans and specified in the Standard Specifications, these Construction Details, and as directed by the Engineer, and no additional compensation will be allowed therefor. Concrete Curb and Gutter quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-17. Concrete Driveway Approach Concrete driveway approach and gutter section shall be constructed on the north side of E. Smith Street over a distance of 42 feet where indicated on the project plans. Expansion joints for driveway approach shall be placed at each end of the driveway approach as indicated on the City’s Standard Details. Vehicular traffic shall not be permitted to cross the new approach for a period of seven days. Work to construct the concrete driveway approach shall be planned and implemented to minimize the period of time the driveway is closed for use. If the work of the Concrete Driveway Approach and the HMA Transition area are not performed in conjunction with each other, a temporary transition must be provided so as not to prolong the closure of the entrance, and barricades must be provided at the back of the adjoining sidewalk to alert pedestrians of the temporary tripping hazard. Measurement and Payment: Concrete Driveway Approach shall be measured and paid for at the unit price per square foot. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, to layout, form, pour, finish cure, strip, and install joints as shown on the Plans and specified in the 54 Smith Street Rehabilitation Project 32 Spec. No. 15-12 Standard Specification, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore. Concrete Driveway Approach quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-18. Concrete Sidewalk Concrete sidewalks shall be constructed on the north side of E. Smith Street from the west end of the project at approximate Station 0+39 to the west side of the driveway approach, and from the east end of the driveway approach to the east end of the project at Station 2+90. A walkway and entrance areas to each of building doors shall be constructed as indicated on the project drawings. Strict attention shall be paid to the grades shown on the project plans in order to conform to accessibility standards required by the California Building Code and Americans with Disabilities Act. Contractor shall refer to project plans for special details at the building front, depths of concrete and base material, and compaction requirements which may differ from the Standard Details. Weakened plane joints shall be created across the doorway entrances, as these locations are prone to crack development. Expansion joints and transverse weakened plane joints for new concrete curbs and sidewalks shall aligned as shown on Standard Detail 101. Measurement and Payment: Concrete Sidewalks shall be measured and paid for at the unit price per square foot. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, to layout, form, pour, finish, cure, strip, and install joints as shown on the Plans and specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore. Concrete Sidewalk quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-19. Provide Temporary Pedestrian Access; Minimize Street Closure Contractor shall provide temporary pedestrian access to each business for the duration of construction disruption. Such access may include signage to direct patrons to the rear of the building where a secondary access is available. In cases where this alternative access is not possible, the Contractor shall provide plywood ramps with 42-inch-high handrails from the storefront to the edge of the cutout section of the street. The parking lane may be cordoned off to provide pedestrian access across the front of the buildings while the sidewalk, curb and gutter is under construction. Contractor shall plan and implement work such that impacts to access to the doors on E. Smith Street is minimized. Such planning shall assure that the disruption to the sidewalk area occurs over a period of time not exceeding nineteen calendar days from initiation of demolition to completion of concrete sidewalk and storefront entries. During removal of pavement, grading to subgrade, installation of geogrid fabric, placement of aggregate base, and placement of HMA pavement, the section of street being reconstructed may be closed off. The contractor shall plan this work so that the closure extends only over a five-day period of one week, Monday through Friday. The contractor shall provide barricades with flashing lights, signs and such other devices to advise and warn the public during this period. Such warning devices and signage shall take into account use of the City Parking lot for parking and access to the onsite private parking lot north of Smith Street. A plan for street closure shall be submitted to the Engineer at least two weeks before the work is to commence for review and comment. Such plan shall show the proposed location of barricades and barriers relative to driveways and buildings fronting E. Smith Street between Mason and Main Streets, proposed signage, and describe the public notification process proposed. Payment. Full compensation for maintaining temporary pedestrian access and minimizing street closure time shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor. 13-20. Hot Mix Asphalt Transition Area Contractor shall provide all necessary labor, materials, equipment, tools, and incidentals to construct a smooth grade transition between the back of walk and the pavement of the adjacent parking lot between approximate stations 0+45 and 1+10. The planned location is shown on Sheet 2 of the project plans. The details are provided on Sheet 3 of the project plans. One wheel stop must be removed prior to constructing this transition. It will be 55 necessary to grind out a strip along the north edge of the transition area, 2-ft wide by 2-in deep. The area shall have Smith Street Rehabilitation Project 33 Spec. No. 15-12 a tack coat applied, then shall be overlaid with HMA, shaped and rolled to provide a smooth transition from the north edge of the grind out to the north edge or the back of walk. Measurement and Payment: HMA Transition Area shall be measured and paid for at the unit price per square foot. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, to layout, grind, sweep and prepare surface, furnish and apply tack coat, transport and deliver HMA, and spread and compact HMA to the required grades, to meet the intent of the Transition Detail, and as directed by the Engineer, and no additional compensation will be allowed therefor. HMA Transition Area quantity shall be considered a final pay (F) item as described in Section 9-1.02C “Final Pay Item Quantities” of the Standard Specifications. 13-21. Remove and Replace Drop Inlet The existing curb inlet on the north side of E. Smith Street into the box culvert conveying Gibson Creek shall be demolished and disposed of as waste by the Contractor. Contractor shall exercise caution so that debris is not allowed to drop into the box culvert. Concrete, conforming to Section 90-2 “Minor Concrete” of the Standard Specifications, shall be installed around the existing opening on the box culvert. A new curb inlet top section, Midstate Model C-3 shall be installed and levelled on top of the formed opening concrete. Measurement and Payment: Remove and Replace Drop Inlet shall be measured and paid for at the unit price per each. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, to demolish the existing gutter drop inlet, layout, form and pour concrete foundation for inlet top, and install and level the inlet top, as shown on the Plans and specified in the Standard Specification, these Construction Details, and as directed by the Engineer, and no additional compensation will be allowed therefor. 13-22. Salvage and Reinstall Signs There is one existing parking time limits road sign in the project area. It shall be relocated as directed by the Engineer in accordance with these special provisions. An effort will be made to choose a location that is not directly in front of a building door opening, and aligned with a parking tee location to minimize interference with opening car doors. The foundation for setting the sign post in concrete shall be constructed similar to Standard Detail 120 “Street Name and Stop Sign Detail.” The sign shall be relocated to its new location as soon as possible and in any case prior to the time that parking is reestablished along the north side of E. Smith Street. Resetting signs at temporary locations must be approved by the Engineer. Measurement and Payment: Salvage and Reinstall Sign shall be measured and paid for at the unit price per each. Payment shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, for doing all the work involved including, but not limited to excavation, backfill, concrete, fasteners, new metal posts and resetting signs at temporary locations, regardless of the number of times, if required, as shown on the plans, as specified in these Special Provisions and as directed by the Engineer and no additional compensation will be allowed therefor. 13-23. Pavement Markings and Wheel Stops. Painted “tees” for ten parking spaces and striping for two spaces and an unloading clear zone in the transition area in parking lot, will be restored by the Contractor after paving is complete. Work also includes a tee for one space beyond the project limit at the east end, and one additional tee that may be required at the west end, depending on the contractor’s work methodology. One concrete wheel stop shall be salvaged and reinstalled at its current location. Pavement markings shall conform to the applicable provisions of Section 84, “Traffic Stripes and Pavement Markings,” of the California Standard Specifications, City of Ukiah Standards, and these special provisions.. Markings shall be painted and shall match the existing layout at the project site. The contractor shall measure and record the locations of the existing markings at the project site prior to demolishing pavement to facilitate layout later. Paint for traffic stripes and pavement markings shall be a 2-coat system and comply with Subsection 84-3 of the Standard Specifications. The 1st coat of paint must be dry before applying the 2nd coat. The use of either water or solvent-based paint will be determined by the Engineer according to the time of year and air pollution control requirements. Paint shall be used at its manufactured consistency. 56 Smith Street Rehabilitation Project 34 Spec. No. 15-12 Measurement and Payment: Pavement markings will be paid for as a lump sum which price shall include all labor, materials, and equipment and incidentals, and for doing all work involved in layout, painting, protecting, and salvaging and resetting one wheel stop and no additional compensation will be allowed therefor. 13-24 Material Recycling. The City of Ukiah must report waste volumes to the State of California in order to measure its compliance with recycling mandates. The Contractor shall dispose of all Portland cement concrete and asphalt concrete, generated from removal or demolition activities on the project, at a recycler for these materials. The Contractor shall provide receipts verifying delivery and approximate quantity (in tons) of the material delivered to a material recycler. All other excess materials from the project shall become the property of the Contractor and shall be disposed of by him, at his expense. The Contractor shall dispose of all debris off site and in a legal manner. Payment: Full compensation for material recycling as specified herein shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor. 13-25. Adjust Existing Valve and Meter Boxes and Reset Monitoring Well Caps. Two existing water valve boxes located within the street section and the caps of two (2) monitoring wells and seven (7) water meter boxes, located in the sidewalk and salvaged and/or protected during demolition, shall be adjusted to conform to finished pavement grades. Contractor shall accurately locate and record the location of existing valve boxes to be raised to grade and shall furnish the Engineer a copy of said record prior to starting construction. The valve boxes shall be set in cement mortar, substantially as shown in City Standard Drawing No. 307, in an excavation whose diameter is at least four inches larger than the diameter of the valve box. The mortar shall be held down two inches below pavement finish grade and hot mix asphalt paving shall be compacted over the cement mortar to street finish grade. The hot mix asphalt shall be installed by the end of the following calendar day. Silt and debris shall not be allowed to intrude into the monitoring well casing. All silt and debris shall be removed from valve boxes, monitoring well cap, and water meter boxes. This shall include all existing silt and debris plus any material accumulated during the Contractor’s operation. Payment: Full compensation for adjusting existing valve and meter boxes to grade and resetting the monitoring well caps, and for all work included in exposing, salvaging, protecting, setting, grouting, and finishing around and to these features, shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor. 13-26. Construction Staking. This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Standard Specifications and these Special Provisions. The plans provide vertical and horizontal data for the contractor to perform all necessary construction staking. Reference points set by the Engineer will be identified to the Contractor. Engineer will provide stakes for curb and gutter, and will provide “back of walk” marks along the face of building at the entrances to each of the building doors at no cost to the contractor. Staking notes with point numbers, horizontal offset dimensions and elevations shall be provided to the contractor. The Contractor is responsible to review the staked reference points and bring any apparent discrepancies to the attention of the Engineer prior to proceeding with the work. All computations necessary to establish the exact position of the work shall be made by the Contractor. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. In the event the Contractor’s operations destroy any of the Engineer’s survey control points, the Contractor shall replace such control points at his expense, subject to verification by the Engineer. The Contractor will not be allowed any adjustment in contract time for such verification or replacement of survey control points by the Engineer. Construction stakes and markings shall be removed from the site of the work when no longer needed. Payment: Full compensation for Construction Staking shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor. 57 Smith Street Rehabilitation Project 35 Spec. No. 15-12 13-27. Public Notification. The contractor shall be responsible for all public notification regarding construction work including detours, lane and street closures, hours of operations, and notification of affected commercial businesses within the project area. For any business impacted by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction. Through street access will be restricted to businesses and residents only during construction closures. Location of Street Closures signage shall be positioned to give motorists the ability to use alternate routes. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval at least two weeks prior to the proposed timeframe. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and street closures. The tentative construction schedule shall be included in the public noticing. Contractor shall notify all tenants of proposed closures and the duration of same at least one week prior performing work that impacts access. Payment: Full compensation for Public Notification as specified herein shall be considered as included in the contract prices paid for various items of work, and no additional compensation will be allowed therefor. 58 Smith Street Rehabilitation Project 36 Spec. No. 15-12 SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office of Contractor at Site. (2) Section 7-03. Surveys. Related work is addressed in Section 13-26. No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the special provisions are hereby amended to read as follows: Section 10: Subsection 10-08 is amended to reflect corrected references to 2010 Standard Specifications. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.05 "Changes and Extra Work," and Section 9-1.04 "Force Account" of the Standard Specifications. Section 12: Subsection 12-06 is amended to read as follows: 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2010, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" or “Caltrans Standard Specifications” and "California Standard Plans." Subsection 12-09: The first paragraph is amended to reference 2010 Standard Specifications. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03 "Public Convenience," 7-1.04 "Public Safety," and 12-1.03 "Flagging Costs," Section 12 “Temporary Traffic Control” of the California Standard Specifications. 59 Smith Street Rehabilitation Project 37 Spec. No. 15-12 BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include?... o Proposal (Page 39) Unit prices filled out clearly. Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information CLSB No. and expiration date Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 43) Filled out completely per instruction o Worker’s Compensation Certificate (Page 44) Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 45) Filled out completely per instruction o List of Proposed Subcontractors (Page 46) Filled out completely per instruction o Statement of Experience (Page 47) o Signature of Bidder (Page 48) Filled out completely per instruction Authorized signature provided o Bidder’s Bond (Page 49) Filled out completely per instruction o Non-Collusion Affidavit (Page 50) Filled out completely per instruction Notarized o Addenda Issued Signed and Returned 5: Smith Street Rehabilitation Project 38 Spec. No. 15-12 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR SMITH STREET REHABILITATION PROJECT Specification No. 15-12 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: BIDDING SCHEDULE In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder. 61 Smith Street Rehabilitation Project 39 Spec. No. 15-12 The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. 62 Smith Street Rehabilitation Project 40 Spec. No. 15-12 NAME OF BIDDER: SPECIFICATION NO. 15-12 PROJECT NAME: SMITH STREET REHABILITATION PROJECT Line # Unit of Extended Amount for DescriptionQuantity Unit Price (F or P) MeasureItem 1 Mobilization LS 1 $______________ $____________________ 2 (F) Remove Frontage Improvements SF 2405 $______________ $____________________ 3 (F) Excavate Street Section SF 7030 $______________ $____________________ 4 (F) Prepare Subgrade SF 9009 $______________ $____________________ 5 (F) Geotextile Stabilization Fabric SY 1001 $______________ $____________________ 6 (F) Class 2 Aggregate Base TON 615 $______________ $____________________ 7 (F) HMA Street Paving TON 198 $______________ $____________________ 8 (F) Concrete Curb and Gutter LF 208 $______________ $____________________ 9 (F) Concrete Driveway Approach SF 403 $______________ $____________________ 10 (F) Concrete Sidewalks SF 1729 $______________ $____________________ 11 (F) HMA Transition Area SF 650 $______________ $____________________ 12 Remove and Replace Drop Inlet LS 1 $______________ $____________________ 13 Salvage and Reinstall Signage LS 1 $______________ $____________________ 14 Pavement Markings and Wheel StopLS 1 $______________ $____________________ TOTAL BASE BID AMOUNT $____________________ 63 Smith Street Rehabilitation Project 41 Spec. No. 15-12 We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsible bid of a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 64 Smith Street Rehabilitation Project 42 Spec. No. 15-12 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. SMITH STREET REHABILITATION PROJECT ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 65 Smith Street Rehabilitation Project 43 Spec. No. 15-12 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 20____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 66 Smith Street Rehabilitation Project 44 Spec. No. 15-12 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: __________________________________________________ Date_____________ __________________________________________________ __________________________________________________ __________________________________________________ (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 67 Smith Street Rehabilitation Project 45 Spec. No. 15-12 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1- 09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTORSUBCONTRACTORDIRDESCRIPTION BUSINESS NAMELICENSE NUMBER REGISTRATIONOF WORK ADDRESS NUMBER 68 Smith Street Rehabilitation Project 46 Spec. No. 15-12 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 69 Smith Street Rehabilitation Project 47 Spec. No. 15-12 SIGNATURE(S) OF BIDDER Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors: License No. ______________________________, License Expiration Date . Signature(s) of Bidder: ______________________________________________ ______________________________________________ ______________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ___________________________________________________ ___________________________________________________ Place of residence: ___________________________________________________ ___________________________________________________ Dated: __________________ 6: Smith Street Rehabilitation Project 48 Spec. No. 15-12 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 25, 2018for the SMITH STREET REHABILITATION PROJECT. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____. __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ 71 Smith Street Rehabilitation Project 49 Spec. No. 15-12 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing SMITH STREET REHABILITATION PROJECT by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________ __________________________________________________ __________________________________________________ Signature(s) of Bidder Business Address:__________________________________________________ __________________________________________________ __________________________________________________ Place of Residence:__________________________________________________ __________________________________________________ __________________________________________________ NOTARIZATION Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________ Notary Public in and for the County of______________________________, State of California. My Commission Expires ________________________, 20 ____. 72 Smith Street Rehabilitation Project 50 Spec. No. 15-12 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SMITH STREET REHABILITATION PROJECT Specification No. 15-12 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within 60 (sixty) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer. Smith Street Rehabilitation Project 51 Spec. No. 15-12 73 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has Smith Street Rehabilitation Project 52 Spec. No. 15-12 74 violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. Smith Street Rehabilitation Project 53 Spec. No. 15-12 75 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH Smith Street Rehabilitation Project 54 Spec. No. 15-12 76 INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor). Contractor is _____________________________________________________________________________, ______________________________________________________________________ for the City of Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: _______________________________________________ TITLE: _______________________________________________ Smith Street Rehabilitation Project 55 Spec. No. 15-12 77 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: _________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 78 Smith Street Rehabilitation Project 56 Spec. No. 15-12 WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 79 Smith Street Rehabilitation Project 57 Spec. No. 15-12 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________,AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________,AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: ____________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 7: Smith Street Rehabilitation Project 58 Spec. No. 15-12 WITNESS: ______________________________ (SEAL) (Corporate Principal) __________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 81 Smith Street Rehabilitation Project 59 Spec. No. 15-12 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. 82 Smith Street Rehabilitation Project 60 Spec. No. 15-12 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated ______________________ for _____________________________________________________________________________________ ________________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________ (Seal) BY:_______________________________________________ (Seal) __________________________________________________ (Seal) Principal __________________________________________________ (Seal) BY:_______________________________________________ (Seal) __________________________________________________ (Seal) Surety 83 Smith Street Rehabilitation Project 61 Spec. No. 15-12 84 85 86 87 8: 91 92 93 94 95 2 3 ATTACHMENT #1 August 1, 2018 The Honorable Governor Jerry Brown Governor Edmund G. Brown c/o State Capitol Suite 1173 Sacramento, CA 95814 RE: Support for funding SB 1029: Great Redwood Trail Act Governor Brown, On behalf of the Ukiah City Council for the City of Ukiah, we write to express our strong support for the passing and funding of SB 1029: Great Redwood Trail Act. This bill offers two key elements. First, it dissolves the North Coast Railroad Authority (NCRA) and transfers responsibility for maintenance of the right of way from Lombard to Willits to the Sonoma Marin Transit Agency (SMART). The second key element is the formation of the Great Redwood Trail Agency which will assume responsibility for the right of way from Willits north to Humboldt Bay with the primary charge of developing a trail. Senate Bill 1029 will allow the railroad corridor that transects the center of Mendocino County, which has been out or service for the better part of two decades, to potentially be restored to service with the additional mandate of developing a continuous trail system the length of the right of way. Restoration of rail service and the addition of a continuous trail will have positive economic and recreational impacts to the rural communities it affects. Within the City of Ukiah a rail to trail project has been successfully implemented with the cooperation and support of the North Coast Railroad Authority. Development of a continuous trail the length of the NCRA right of way is an ambitious goal but one that will have significant health, recreational and economic benefits. We strongly believe restoration of freight rail service is economically and environmentally beneficial, but lack of funding to achieve this desirable goal has prevented its fulfillment. It is important to note that the restoration of freight rail to central Mendocino County continues to be an important economic development goal for our community. Restoration of freight rail, which can transport four times the amount of goods per unit of energy, will significantly reduce shipping costs, relieve highway congestion and reduce greenhouse gas emissions. For this reason we strongly endorse the requirement that SMART conduct a freight rail study and request that funding 4 411!Tfnjobsz!Bwfovf!–Vljbi!–DB!–:6593.6511 Qipof;!!)818*574.7311–Gby;!!)818*574.7315–xxx/djuzpgvljbi/dpn for this task be included in the bill. We also encourage consideration of requiring SMART to contract with a qualified freight operator to ensure optimal stewardship of the freight operation. Further, we believe it is imperative that the State retire NCRA’s debt. Since its inception NCRA has been operating without State funding for operations and maintenance which has greatly compromised its ability to fulfill its State mandated responsibilities. This has provento bean unsustainable model. It is important that the successor agencies be able to move forward with adequate State funding and without the anchor of this debt. Finally, we wish to take note that NCRA has successfully completed environmental remediation of the Ukiah depot site; sold 4.1 acres of the site to the State for a new Mendocino County courthouse; constructed a new bridge to serve the future courthouse and adjacent parcels; and is in the process of completing circulation and utility improvements to serve the courthouse and adjacent parcels. Development of the Ukiah Depot site fulfills important public policy goals for the City of Ukiah, County of Mendocino, Mendocino County Superior Court and the State Judicial Council. This project is currently dependent on certain contractual obligations of NCRA and it is important that neither the provisions nor timing of this bill negate completion of the Depot infrastructure project. In conclusion, we strongly support SB 1029 and encourage allocation of State funding to retire NCRA debt, funding for the freight rail study, annual appropriations to adequately fund NCRA’s successor agencies, and assurances that development of the Ukiah depot site will not be negatively impacted. Provided the successor agencies are adequately funded, SB 1029 can engage the passion, creativity, and entrepreneurial resources of our communities to develop the potential of this public access corridor into a recreational amenity that also preserves the rail line in areas where train service is possible. Sincerely, Kevin Doble Mayor, Ukiah City Council 5 2 3 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 18-02 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: Tuesday, July 31, 2018 2:00 p.m. Office of City Clerk 4 5 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS JUNE 2018 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS .................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS ............................................ 4 1-01. Definitions 1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal 1-04. Withdrawal of Bids 1-05. Public Opening of Bids 1-06. Bid Guaranty 1-07. Qualification of Bidders 1-08. Disqualification of Bidders 1-09. Identification of Subcontractors 1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 6 2-01. Award of Contract 2-02. Return of Proposal Guaranties 2-03. Execution of Contract SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 6 3-01. Effect of Inspection and Payments 3-02. Effect of Extension of Time 3-03. Extra Work 3-04. Assignment of Contract 3-05. Subcontractors 3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials 3-08. Dispute Resolution SECTION 4. BONDS ................................................................................................................................... 7 4-01. Faithful Performance Bond 4-02. Material and Labor Bond 4-03. Defective Material and Workmanship Bond 4-04. Notification of Surety Companies SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 7 5-01. Minimum Scope of Insurance 5-02. Minimum Limits of Insurance 5-03. Deductibles and Self-Insured Retentions 5-04. Other Insurance Provisions 5-05. Acceptability of Insurers 6 SLURRY SEAL OF LOCAL STREETS Spec NO. 18-02 iii 5-06. Verification of Coverage 5-07. Subcontractors SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ...................................................... 9 6-01. Legal Address of Contractor 6-02. Office of Contractor at Site 6-03. Attention to Work 6-04. Liability of Contractor 6-05. Protection of Persons and Property 6-06. Protection of City Against Patent Claims 6-07. Protection of Contractor's Work Property 6-08. Regulations and Permits 6-09. Construction Utilities 6-10. Approval of Contractor's Plans 6-11. Suggestions to the Contractor 6-12. Termination of Unsatisfactory Subcontracts 6-13. Preservation of Stakes and Marks 6-14. Assistance to Engineer 6-15. Removal of Condemned Materials and Structures 6-16. Proof of Compliance with Contract 6-17. Errors and Omissions 6-18. Cooperation 6-19. Right of Contractor to Stop Work 6-20. Hiring and Dismissal of Employees 6-21. Wage Rates 6-22. Cleaning Up 6-23. Guaranty 6-24. Public Notification SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ...................................................................... 14 7-01. Authority of the Engineer 7-02. Inspection 7-03. Surveys 7-04. Rights-of-Way 7-05. Retention of Imperfect Work 7-06. Changes in the Work 7-07. Additional Drawings by City 7-08. Additional and Emergency Protection 7-09. Suspension of Work 7-10. Right of City to Terminate Contract 7-11. Use of Completed Portions SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ............................................................ 16 8-01. General Quality 8-02. Quality in Absence of Detailed Specifications 8-03. Materials and Equipment Specified by Name 8-04. Source of Materials 8-05. Storage of Materials 8-06. Drawings, Samples and Tests SECTION 9. PROSECUTION OF WORK ................................................................................................. 17 9-01. Equipment and Methods 9-02. Time of Completion 7 SLURRY SEAL OF LOCAL STREETS Spec NO. 18-02 iv 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ........................................................................................................................... 18 10-01. Certification by Engineer 10-02. Progress Estimates and Payment 10-03. Substitution of Securities 10-04. Acceptance 10-05. Final Estimate and Payment 10-06. Delay Payments 10-07. Extra Work and Work Omitted 10-08. Compensation for Extra Work or Work Omitted 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................. 22 11-01. Notice 11-02. Computation of Time 11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection 11-05. Waiver TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION ................................................................................................ 25 12-01. Arrangement of Technical Specifications 12-02. Arrangement of Plans 12-03. Business Licenses 12-04. Permits 12-05. Standard Specifications and Standard Plans 12-06. Temporary Facilities 12-07. Public Convenience and Safety 12-08. Maintaining Traffic 12-09. Traffic Control System for Street Closure 12-10. Stream Pollution 12-11. Warranties 12-12. Utilities 12-13. Dust Control 12-14. Noise Control 12-15. Watering 12-16. Preconstruction Conference 12-17. Progress Schedule 12-18. Safety Requirements SECTION 13. CONSTRUCTION DETAILS ............................................................................................... 29 13-01. Location and Scope of Work 13-02. Existing Highway Facilities 13-03. Preservation of Property 8 SLURRY SEAL OF LOCAL STREETS Spec NO. 18-02 v 13-04. Watering 13-05. Utility Boxes 13-06. Slurry Seal 13-07. General – Slurry Seal 13-08. Traffic Striping 13-09. Pavement Markings 13-10. Reflective Pavement Markers (Blue) 13-11. Non-Reflective Pavement Markers (White) 13-12. Reflective Pavement Markers (Yellow) SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ............................................................... 33 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................. 33 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST .................................................................................................................... 34 PROPOSAL ........................................................................................................................................... 35 BIDDING SCHEDULE ................................................................................................................................. 36 FAIR EMPLOYMENT PRACTICES CERTIFICATION ............................................................................... 39 WORKER'S COMPENSATION CERTIFICATE .......................................................................................... 40 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................. 41 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................. 42 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................ 43 SIGNATURE OF BIDDER ........................................................................................................................... 44 BIDDER'S BOND ........................................................................................................................................ 45 NON-COLLUSIONAFFIDAVIT ................................................................................................................... 46 AGREEMENT ........................................................................................................................................... 47 INDEMNIFICATION AGREEMENT ............................................................................................................ 51 EXAMPLE BOND FORMS .......................................................................................................................... 52 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 56 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 57 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: 9 SLURRY SEAL OF LOCAL STREETS Spec NO. 18-02 vi : INSTRUCTIONS TO BIDDERS SLURRY SEAL OF LOCAL STREETS shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made. Each bidder must supply all the information required by the bid documents and Special Provisions. Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities. All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions. No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof. The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work. The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled. The work is to be completed within thirty (30) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed. The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest. Examination of Site, Drawings, Etc. Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise. 21 SLURRY SEAL OF LOCAL STREETS 1 Spec. NO. 18-02 The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate. The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract. Bidder Inquiries and Questions Inquiries and questions must be submitted in writing via fax or email to the following designated contact person: Mary Horger, Procurement Manager Fax: (707) 313-3621 Email:mhorger@cityofukiah.com The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening. 22 SLURRY SEAL OF LOCAL STREETS 2 Spec. NO. 18-02 Location of the Work All of the work to be performed is within the City of Ukiah. STREETNAMEFROMTO ALBRIGHTPLACEN/SIDEOBSERVATORYAVE.ENDOFCOURT ALICEAVENUEN/SIDEOBSERVATORYAVE.S/SIDELUCEAVE. BARNESSTREET(SOUTH)BETTYST.CLAY BURLINGTONDRIVEE/SIDELOCKWOODDR.W/SIDEELMST. CANYONVIEWCT.W/SIDELAURELENDOFCOURT CARLETONDRIVEE/SIDELOCKWOODDR.W/SIDEELMST. CARRIGANLANECAPPSLN.S.EMPIREDRIVE CLAYPLACECLAYST.END COCHRANEAVENUEE/SIDEBANKERBLVD.ALICEAVE.MINUSHELEN COURTSTREETW.GOBBIST.N/SIDEFREITASST. CREEKSIDECOURTMULBURYST.ENDOFCOURT CRESTADRIVEWABASHAVE.WASHINGTONAVE. CRYSTALBAYCOURTCAPPSLN.ENDOFCT. HOMEWOODDR.MINUSCARRIGAN DONNERLANEINCLINEDR. LN. EASTLICKSTREETCLAYST.END GIBSONSTREETN.BUSHST.EASTEND HILLVIEWAVENUEE/SIDEMENDOCINODR.W/SIDEGARDENSAVE. HOLDENSTREETDORAST.SPRINGST. HORTENSESTREETPERKINSST.CLAYST. MAGNOLIASTREETE/SIDENO.PINEW/SIDESTATEST. MARSHALLSTREETEGOBBIST.S.MAINST. MARWENDRIVEN/SIDEWASHINGTONAVE.S/SIDEOBSERVATORYAVE. MENDOCINODRIVEW/SIDEDORAST.E/SIDEMENDOCINOPL. NOKOMISDRIVEE/SIDE1240MARWENDR.W/SIDEMARWENDR. PINESTREET(NORTH)N/SIDEWALNUTAVE.N/SIDEHENRYST. PINESTREET(SOUTH)PERKINSST.CLAYST. SUMMITCOURTCAPPSLANEENDOFCOURT TAHOECOURTCARRIGANLN.ENDOFCOURT WASHODRIVEN/SIDEE.GOBBIST.N/SIDEWIYATST. WIYATDRIVEE/SIDEPOMODR.W/SIDEWASHODR. ZEPHYRCOVECOURTCAPPSLANEENDOFCOURT CIVICCENTERENTRY300SEMINARYAVE. 23 SLURRY SEAL OF LOCAL STREETS 3 Spec. NO. 18-02 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given: a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them. c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each. g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise. Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise. As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved. 24 SLURRY SEAL OF LOCAL STREETS 4 Spec. NO. 18-02 1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation. Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid. 1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed. In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected. 1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth: (a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid. 25 SLURRY SEAL OF LOCAL STREETS 5 Spec. NO. 18-02 (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. SECTION 2. AWARD AND EXECUTION OF CONTRACT 2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost. 2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City. SECTION 3. SCOPE AND INTENT OF CONTRACT 3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative. 3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract. 3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors. Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract. 3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special 26 SLURRY SEAL OF LOCAL STREETS 6 Spec. NO. 18-02 Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6. SECTION 4. BONDS 4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement. 4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract. SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS (WITH CONSTRUCTION RISKS) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance 27 SLURRY SEAL OF LOCAL STREETS 7 Spec. NO. 18-02 Coverage shall be at least as broad as: 1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage. 4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. 2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. 3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 28 SLURRY SEAL OF LOCAL STREETS 8 Spec. NO. 18-02 5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. 6. Course of Construction policies shall contain the following provisions: a.) The City shall be named as loss payee. b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following: A++ VII A- VIII A+ VII B++ X A VII B+ X 5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR 6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative. 6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability 29 SLURRY SEAL OF LOCAL STREETS 9 Spec. NO. 18-02 or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation. The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision. Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated. To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence. The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property. All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes. Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor 2: SLURRY SEAL OF LOCAL STREETS 10 Spec. NO. 18-02 shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor. 6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved. 6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer. 6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated 31 SLURRY SEAL OF LOCAL STREETS 11 Spec. NO. 18-02 in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk. 6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands. Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer. (1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him. (2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract. (3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City. All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at 32 SLURRY SEAL OF LOCAL STREETS 12 Spec. NO. 18-02 the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers. 4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City. 5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE. 6. Travel and Subsistence Payments. Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968). 7. Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal. On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and 33 SLURRY SEAL OF LOCAL STREETS 13 Spec. NO. 18-02 shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition. 6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment. The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof. Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work within the subject intersection, including detours, lane and street closures, hours of operations, and notification of affected commercial businesses within 1000 feet of the construction. For any business impacted by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction for pedestrian traffic. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, school buses, County of Mendocino offices, the high school, junior high school, elementary schools effected by potential detours and street closures, with recommended alternate routes of travel. Through street access from will be restricted to businesses and residents only during construction days. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior to noticing the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of the intersection shall be noted All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use. SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY 7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer. 7-02. Inspection. The City will provide engineering personnel for the inspection of the work. The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection. 34 SLURRY SEAL OF LOCAL STREETS 14 Spec. NO. 18-02 If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense. Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost. Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore. The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions. Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under 35 SLURRY SEAL OF LOCAL STREETS 15 Spec. NO. 18-02 this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate. The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension. If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine. SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT 8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship 36 SLURRY SEAL OF LOCAL STREETS 16 Spec. NO. 18-02 obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer. When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources. All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material. SECTION 9. PROSECUTION OF WORK 9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith. 9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the 37 SLURRY SEAL OF LOCAL STREETS 17 Spec. NO. 18-02 Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays. Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order. 9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer. It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by 38 SLURRY SEAL OF LOCAL STREETS 18 Spec. NO. 18-02 the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work. 9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof. SECTION 10. PAYMENT 10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month. The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored. The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place. 10-03. Substitution of Securities. 1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States. (c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest. (d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better. (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central 39 SLURRY SEAL OF LOCAL STREETS 19 Spec. NO. 18-02 Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation. (f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2). (k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico. (l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service. 2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract. The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent. 3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the 3: SLURRY SEAL OF LOCAL STREETS 20 Spec. NO. 18-02 actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council. 10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof. Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe. In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder. 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate. The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted". When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses. All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work. When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D,"Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications. 41 SLURRY SEAL OF LOCAL STREETS 21 Spec. NO. 18-02 This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges. 10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed. SECTION 11. MISCELLANEOUS 11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. 11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract. (B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled. (C) Payment of an amount that is disputed by the City. b. (1) (A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. 42 SLURRY SEAL OF LOCAL STREETS 22 Spec. NO. 18-02 (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply. (2) (A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. 43 SLURRY SEAL OF LOCAL STREETS 23 Spec. NO. 18-02 c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. 11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach. 44 SLURRY SEAL OF LOCAL STREETS 24 Spec. NO. 18-02 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-02. Arrangement of Plans. The Plans consist of two (2) sheets numbered 1 through 2 and they are hereby made a part of the Contract Documents. 12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall obtain and pay for all permits required to complete this work except the required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2010, are hereby made a part of these Technical Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be understood to mean and refer to the following: Department or Department of Transportation - The City Council. Director of Public Works - The City of Ukiah Director of Public Works/City Engineer. Engineer - The Engineer, designated by the Director of Public Works, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract. State - The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows: 1. City Special Provisions (Technical Specifications) 2. City Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities. 12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work. The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working 45 area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a SLURRY SEAL OF LOCAL STREETS 25 Spec. NO. 18-02 minimum of 5 working days prior to the proposed public notification. Full cost for “Public Convenience and Safety” shall be considered as included in the various items of work and no additional compensation will be made. 12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications. Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made. Street Closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System for Street Closure.” When leaving a work area and entering a roadway carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic. The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress. st Designated City holidays are: January 1, the third Monday in January, the third Monday in February, the last th Monday in May, July 4, the first Monday in September, the second Monday in October, the second Monday in thth November, Thanksgiving Day, the day following Thanksgiving Day, December 24, December 25, December thst 30, December 31. When a designated City holiday falls on a Sunday, the following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a designated City holiday. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order. The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications. Payment. Full costs for “Maintaining Traffic”, including “Flagging Costs” shall be considered as part of the lump sum payment for Traffic Control System and no additional compensation will be made. 12-09. Traffic Control System for Street Closure. A traffic control system shall consist of closing streets in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, and provisions under “Maintaining Traffic” elsewhere in these Special Provisions. The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to comply with the provisions in Section 12-08, “Public Safety”, of the Standard Specifications. The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the State Right-of Way. The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control during construction. The following information shall be included in the Traffic Control Plan: Sequencing of construction Street layout, with street names and direction of flow Location and types of construction area signs (including pedestrian notification) Locations of barriers or other traffic control devices Location of flaggers A contingency plan for how to handle emergency vehicles 46 SLURRY SEAL OF LOCAL STREETS 26 Spec. NO. 18-02 The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the Engineer. The City reserves the right to delay the contractor’s operations until such time that a Traffic Control Plan has been reviewed and approved by the Engineer. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. When street closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the street right-of-way. Payment. The contract lump sum price paid for traffic control shall include full compensation for furnishing a Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. The Contractor’s attention is also directed to Section 7-1.01G, “Water Pollution,” of the Standard Specifications and to Section 13, “Water Pollution Control”, of the Construction Details Section concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses during the construction of the project. Said written program shall include the erosion control provisions required by Section 13, “Temporary Erosion Control”, of these Construction Details.” 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during this warranty period. 12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). 12-13. Dust Control. Dust control shall conform to the provisions of Section 10 of the Standard Specifications. Full compensation for dust control shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. This includes the application of water for the purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use dust palliative in accordance with the provisions of Section 18, “Dust Palliative’” of the Standard Specifications except that the full compensation for applying dust palliative shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. All active construction areas shall be watered at least twice daily and more often during hot or windy periods. The active areas adjacent to the apartment complexes shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained. Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work. 47 SLURRY SEAL OF LOCAL STREETS 27 Spec. NO. 18-02 The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of section 7.1.01I, “Sound Control Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days. Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source. The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications. The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines. 12-15. Watering. The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, “Watering,” of the Standard Specifications except as modified by these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer and for developing the water supply shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Works Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications. 12-18. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 48 SLURRY SEAL OF LOCAL STREETS 28 Spec. NO. 18-02 SECTION13CONSTRUCTIONDETAILS 13-01. Location and Scope of Work. The work involves applying slurry seal over existing asphalt concrete pavement: STREETNAMEFROMTO ALBRIGHTPLACEN/SIDEOBSERVATORYAVE.ENDOFCOURT ALICEAVENUEN/SIDEOBSERVATORYAVE.S/SIDELUCEAVE. BARNESSTREET(SOUTH)BETTYST.CLAY BURLINGTONDRIVEE/SIDELOCKWOODDR.W/SIDEELMST. CANYONVIEWCT.W/SIDELAURELENDOFCOURT CARLETONDRIVEE/SIDELOCKWOODDR.W/SIDEELMST. CARRIGANLANECAPPSLN.S.EMPIREDRIVE CLAYPLACECLAYST.END COCHRANEAVENUEE/SIDEBANKERBLVD.ALICEAVE.MINUSHELEN COURTSTREETW.GOBBIST.N/SIDEFREITASST. CREEKSIDECOURTMULBURYST.ENDOFCOURT CRESTADRIVEWABASHAVE.WASHINGTONAVE. CRYSTALBAYCOURTCAPPSLN.ENDOFCT. HOMEWOODDR.MINUSCARRIGAN DONNERLANEINCLINEDR. LN. EASTLICKSTREETCLAYST.END GIBSONSTREETN.BUSHST.EASTEND HILLVIEWAVENUEE/SIDEMENDOCINODR.W/SIDEGARDENSAVE. HOLDENSTREETDORAST.SPRINGST. HORTENSESTREETPERKINSST.CLAYST. MAGNOLIASTREETE/SIDENO.PINEW/SIDESTATEST. MARSHALLSTREETEGOBBIST.S.MAINST. MARWENDRIVEN/SIDEWASHINGTONAVE.S/SIDEOBSERVATORYAVE. MENDOCINODRIVEW/SIDEDORAST.E/SIDEMENDOCINOPL. NOKOMISDRIVEE/SIDE1240MARWENDR.W/SIDEMARWENDR. PINESTREET(NORTH)N/SIDEWALNUTAVE.N/SIDEHENRYST. PINESTREET(SOUTH)PERKINSST.CLAYST. SUMMITCOURTCAPPSLANEENDOFCOURT TAHOECOURTCARRIGANLN.ENDOFCOURT WASHODRIVEN/SIDEE.GOBBIST.N/SIDEWIYATST. WIYATDRIVEE/SIDEPOMODR.W/SIDEWASHODR. ZEPHYRCOVECOURTCAPPSLANEENDOFCOURT CIVICCENTERENTRY300SEMINARYAVE. 49 SLURRY SEAL OF LOCAL STREETS 29 Spec. NO. 18-02 The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Andrew Stricklin at (707) 463-6297. 13-02. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions. All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way. Such disposal shall conform to the provisions in Section 7-1.13, “Disposal of Material Outside the Highway Right-of-Way.” Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore. Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property owners without their written permission. Payment. Full compensation for developing and applying water conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore/ 13-05. Utility Boxes. Utility Boxes which include but are not limited to manholes, valve boxes, sewer cleanouts and street monument boxes are listed on the Plans for information purposes only. Contractor shall take special care when working around existing utility boxes. Utility boxes shall be protected in accordance with section 37- 3.03A of the California Standard Specifications. Payment. Full compensation for complying with this section of the Special Provisions shall be considered included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore. 13-06 Slurry Seal. The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation: (B) GRADATION SIEVE SIZE PERCENTAGE PASSING 3/8 “ 100 No. 4 94 – 100 No. 8 65 – 90 No. 16 40 – 70 No. 30 25 – 50 No. 200 5 – 15 The aggregate shall also conform to the following quality requirements: 4: SLURRY SEAL OF LOCAL STREETS 30 Spec. NO. 18-02 TESTCALIFORNIA TEST REQUIREMENTS Sand Equivalent 217 55 Minimum Durability Index 229 55 Minimum (C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. (E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate. If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used. Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and (a) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard. The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. 13-07. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a subgrade consisting of an existing asphalt concrete pavement, as herein required. City of Ukiah forces will perform all necessary street sweeping of the surface upon which the slurry seal is to be applied. The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as scheduled upon approval of the Engineer. The Contractor shall attend a pre-construction conference as scheduled by the City representatives. 13-08. Traffic Striping. This work shall consist of applying painted and thermoplastic traffic stripes (traffic lines) and pavement markings at the locations and in conformance with the details shown on the plans or designated by the Engineer, and as specified in these specifications and the special provisions. The kind of material, paint or thermoplastic, to be applied will be designated in the contract item, specified in the special provisions, or shown on the plans. For the purposes of this Section, traffic stripes (traffic lines) are defined as longitudinal centerlines and lane lines which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark the edge of the traveled way or the edge of the lanes at gore areas separating traffic at exit and entrance ramps. Pavement markings are defined as transverse markings which include, but are not limited to, word and symbol markings, limit lines (stop lines), crosswalk lines, shoulder markings, parking stall markings and railroad grade crossing markings. Control of Alignment and Layout. All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the Contractor with any device or method 51 that will not damage the pavement nor conflict with other traffic control devices. SLURRY SEAL OF LOCAL STREETS 31 Spec. NO. 18-02 Tolerances and Appearance. Traffic stripes and pavement markings shall conform to the dimensions and details shown on the plans. Completed traffic stripes shall have clean and well-defined edges without running or deformation, shall be uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements: A. The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more than 2 inches from the lengths shown on the plans. B. The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and superimpose additional stripes upon the traffic stripe being applied. The completed pavement markings shall have clean and well-defined edges without running or deformation and shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the Engineer. Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the Contractor's expense. Protection from Damage. The Contractor shall take special care to protect existing reflective pavement markers and shall, at the Contractor's expense, replace all coated markers. Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry or the thermoplastic material has sufficiently hardened. Thermoplastic Pavement Markings. This work shall consist of furnishing and applying thermoplastic pavement markings, including glass beads in accordance with Section 84-2 “Thermoplastic Traffic Stripes and Pavement Markings” and these Special Provisions. Measurement. Thermoplastic pavement markings are a lump sum item. Payment. The lump sum contract price paid for thermoplastic traffic markings of the widths and patterns designated in the project plans and as specified herein, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing thermoplastic traffic markings, applying thermoplastic traffic markings, complete in place, including establishing alignment for markings, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-09. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings, Bicycle Shared Lane Marking (MUTCD 9C-9), STOP bars, and “STOP” markings shall be painted and shall have glass beads applied as per the plans in accordance with Section 84, “Traffic Stripes and Pavement Markings” of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to any slurry seal taking place on those streets that have pavement markings. All pavement crosswalks and markings shall be applied in thermoplastic unless otherwise noted. Measurement. Painting pavement markings are a lump sum item. Payment. The lump sum contract price paid for painted traffic markings of the widths and patterns designated in the project plans and as specified herein for painted pavement markings, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all 52 SLURRY SEAL OF LOCAL STREETS 32 Spec. NO. 18-02 the work involved in painting pavement markings(regardless of the number, widths and patterns of individual markings involved at each location) including removal of existing painted traffic markings, establishing alignment for markings, complete in place, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-10. Reflective Pavement Markers (Blue). Blue raised reflective pavement markers shall be placed on streets to mark fire hydrants. Blue reflective pavement markers shall be placed 6 inches from the centerline stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire hydrant. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications Measurement. Placing blue reflective pavement markers will be measured as each. Payment. The contract price paid per each for blue reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. 13-11. Non-Reflective Pavement Markers (White). Pavement markers for the parking space delineation on Crystal Bay Court shall be Type A, white non-reflective. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications. Measurement. Placing white non-reflective pavement markers will be measured as each. Payment. The contract price paid per each for white non-reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. 13-12. Reflective Pavement Markers (Yellow). Pavement markers for the Marshall Street center line shall be Type D, two-way yellow reflective installed in accordance with Detail 22 of the California Standard Plans. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications. Measurement. Placing yellow reflective pavement markers will be measured as each. Payment. The contract price paid per each for yellow reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS 14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions: (1) Section 6-02. Office at the Site (2) Section 7-03. Surveys No other exclusions. SECTION 15. AMENDMENTS TO GENERAL CONDITIONS 15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows: No amendments. 53 SLURRY SEAL OF LOCAL STREETS 33 Spec. NO. 18-02 BID SUBMITTAL CHECKLIST The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected: Did you include?... o Proposal (Page 35) Unit prices filled out clearly. Extended prices filled out clearly and calculated correctly Total bid amount filled out clearly and calculated correctly Sign the proposal, and provide complete information CLSB No. and expiration date Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 37) Filled out completely per instruction o Worker’s Compensation Certificate (Page 38) Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page 39) Filled out completely per instruction o List of Proposed Subcontractors (Page 40) Filled out completely per instruction o Statement of Experience (Page 41) o Signature of Bidder (Page 42) Filled out completely per instruction Authorized signature provided o Bidder’s Bond (Page 43) Filled out completely per instruction o Non-Collusion Affidavit (Page 44) Filled out completely per instruction Notarized o Addenda Issued Signed and Returned 54 CITY OF UKIAH SLURRY SEAL OF LOCAL STREETS 34 Spec. NO. 18-02 MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR SLURRY SEAL OF LOCAL STREETS Specification No.18-02 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: 55 SLURRY SEAL OF LOCAL STREETS 35 Spec. NO. 18-02 BIDDING SCHEDULE In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following: 1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price; 2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder. The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid. 56 SLURRY SEAL OF LOCAL STREETS 36 Spec. NO. 18-02 NAME OF BIDDER: SPEC #: 18-02 PROJECT NAME: SLURRY SEAL OF LOCAL STREETS Line DESCRIPTION UNIT OF QUANTITY UNIT PRICE EXTENDED #MEASUREPRICE $________________$_________________________ 11LS Traffic Control $________________$_________________________ 281,881 SY Slurry Seal Solid Double Yellow 4” Traffic $________________$_________________________ 3691 LF Stripe $________________$_________________________ 41,185 LF Solid 4” Yellow Traffic Stripe Thermoplastic Pavement $________________$_________________________ 51 LS Markings $________________$_________________________ 61 LS Pavement Marking Reflective/Non-Reflective $________________$_________________________ 71 LS Pavement Markers $_________________________ TOTAL BID ==>> We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ___________________, 20____. Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Department of Industrial Relations Public Works Contractor Registration Number:_____________________ 57 SLURRY SEAL OF LOCAL STREETS 37 Spec. NO. 18-02 Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 58 SLURRY SEAL OF LOCAL STREETS 38 Spec. NO. 18-02 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. SLURRY SEAL OF LOCAL STREETS ________________________________________________________________ (Signature of Bidder) Business Mailing Address: _________________________________________________ _________________________________________________ _________________________________________________ Business Location: _________________________________________________ _________________________________________________ (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 59 SLURRY SEAL OF LOCAL STREETS 39 Spec. NO. 18-02 WORKER'S COMPENSATION CERTIFICATE I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 5: SLURRY SEAL OF LOCAL STREETS 40 Spec. NO. 18-02 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: __________________________________________________ Date_____________ __________________________________________________ __________________________________________________ __________________________________________________ (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 61 SLURRY SEAL OF LOCAL STREETS 41 Spec. NO. 18-02 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTO SUBCONTRACTOSUBCONTRACTO SUBCONTRACTOR DIR DESCRIPTIO R LICENSE R BUSINESS R NAME REGISTRATION N OF WORK NUMBER ADDRESS NUMBER 62 SLURRY SEAL OF LOCAL STREETS 42 Spec. NO. 18-02 STATEMENT OF EXPERIENCE OF BIDDER The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 63 SLURRY SEAL OF LOCAL STREETS 43 Spec. NO. 18-02 SIGNATURE(S) OF BIDDER Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors: License No. ______________________________, License Expiration Date . Signature(s) of Bidder: ______________________________________________ ______________________________________________ ______________________________________________ NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: ___________________________________________________ ___________________________________________________ Place of residence: ___________________________________________________ ___________________________________________________ Dated: __________________ 64 SLURRY SEAL OF LOCAL STREETS 44 Spec. NO. 18-02 CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________ THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 31, 2018for SLURRY SEAL OF LOCAL STREETS. NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____. __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety Address: __________________________________________________________ __________________________________________________________ __________________________________________________________ 65 SLURRY SEAL OF LOCAL STREETS 45 Spec. NO. 18-02 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing SLURRY SEAL OF LOCAL STREETS by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________ __________________________________________________ __________________________________________________ Signature(s) of Bidder Business Address:__________________________________________________ __________________________________________________ __________________________________________________ Place of Residence:__________________________________________________ __________________________________________________ __________________________________________________ NOTARIZATION Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________ Notary Public in and for the County of______________________________, State of California. My Commission Expires ________________________, 20 ____. 66 SLURRY SEAL OF LOCAL STREETS 46 Spec. NO. 18-02 CITY OF UKIAH Mendocino County, California AGREEMENT FOR SLURRY SEAL OF LOCAL STREETS Specification NO. 18-02 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within thirty (30) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer SLURRY SEAL OF LOCAL STREETS 47 Spec. NO. 18-02 67 Article II. Contract Prices. That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City. Article III. Labor Discrimination. Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows: (a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor. The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor SLURRY SEAL OF LOCAL STREETS 48 Spec. NO. 18-02 68 has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law. (g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will: a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment. (5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid. SLURRY SEAL OF LOCAL STREETS 49 Spec. NO. 18-02 69 Article IV. Parts of the Contract. That the complete contract consists of the following documents, all of which shall be considered a part of this agreement. 1. Notice to Bidders 2. Wage Rates 3. General Conditions 4. Technical Specifications 5. Proposal 6. Fair Employment Practices Certification 7. Agreement 8. Contract Bonds 9. Contract Drawings and Construction Details 10. Standard Drawings 11. Indemnification Agreement IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____. CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA By: ______________________________________________________________ CITY MANAGER, CITY OF UKIAH Attest: ______________________________________________________________ CITY CLERK, CITY OF UKIAH By: ______________________________________________________________ CONTRACTOR Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________ CITY ATTORNEY, CITY OF UKIAH SLURRY SEAL OF LOCAL STREETS 50 Spec. NO. 18-02 6: INDEMNIFICATION AGREEMENT This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor). Contractor is _________________________________________________________________________________ ___________________________________________ for Ukiah. As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work. Accordingly, Contractor agrees as follows: 1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. CONTRACTOR BY: _______________________________________________ TITLE: _______________________________________________ SLURRY SEAL OF LOCAL STREETS 51 Spec. NO. 18-02 71 CITY OF UKIAH Mendocino County, California FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: _________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) 72 SLURRY SEAL OF LOCAL STREETS 52 Spec. NO. 18-02 WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 73 SLURRY SEAL OF LOCAL STREETS 53 Spec. NO. 18-02 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($____________________) for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally. WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived. IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______. In the presence of: WITNESS: ____________________________________ ________________________________(SEAL) (Individual Principal) ___________________________________ (Business Address) ___________________________________ 74 SLURRY SEAL OF LOCAL STREETS 54 Spec. NO. 18-02 (City/State/Zip Code) WITNESS: ____________________________________ ______________________________(SEAL) (Corporate Principal) ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ________________________________ (Corporate Principal) Affix Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) ATTEST: ____________________________ ________________________________ Affix (Corporate Surety) Corporate Seal ___________________________________ (Business Address) ___________________________________ (City/State/Zip Code) The rate of premium on this bond is $___________________________ per thousand. The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 75 SLURRY SEAL OF LOCAL STREETS 55 Spec. NO. 18-02 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND 1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable. 2. The name of the Principal shall be shown exactly as it appears in the Contract. 3. The penal sum shall not be less than required by the Specifications. 4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence. 5. If the Principal is a corporation, the bond shall be executed under its corporate seal. If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name. 6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies. 7. The current power-of-attorney of the person signing for the surety company must be attached to the bond. 8. The date of the bond must not be prior to the date of the Contract. 9. The following information must be placed on the bond by the surety company: a. The rate of premium in dollars per thousand; and b. The total dollar amount of premium charged. 10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond. 11. Type or print the name underneath each signature appearing on the bond. 12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing. 76 SLURRY SEAL OF LOCAL STREETS 56 Spec. NO. 18-02 CITY OF UKIAH Mendocino County, California DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND KNOW ALL MEN BY THESE PRESENTS, That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT) to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the City Of Ukiah dated_________________________ for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee. Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety 77 SLURRY SEAL OF LOCAL STREETS 57 Spec. NO. 18-02 78 79 7: 81 82 84 2 3 (see calendar from NCPA) 4 5