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HomeMy WebLinkAbout2019-03-20 Packet 2 3 4 5 6 7 8 9 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department WATER RESOURCES27 Division UNDEFINED Section UNDEFINED 30.50 DescriptionBudget Summary The Water Resources Department is responsible for the production, treatment and distribution of drinking water; the Budget to Actual collection, treatment and disposal of wastewater; and for meeting its conservation goals, while simultaneously facilitating the disposal objectives of wastewater disposal in an economical and environmentally sustainable way. It consists of three distinct, yet integrated divisions: -Water -Wastewater -Recycled Water 48% 52% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 30,000,000 35,000,000 40,000,000 Department Activity Over Last Three Years by Composition 30,000,000 Revenue 26,775,493 Personnel 25,000,000 Other Operating 18,615,521 20,000,000 Capital 15,111,674 13,927,047 13,440,221 13,188,231 15,000,000 8,342,541 10,000,000 6,384,349 5,976,296 4,908,559 4,551,198 3,520,990 3,171,035 5,000,000 2,848,439 2,086,994 1,715,953 - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1 2 3 : CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department WATER RESOURCES27 Division WATER SERVICES271 Section UNDEFINED 15.39 DescriptionBudget Summary The Water Division is comprised of three sections: Administration, Production and Distribution. The Administration Budget to Actual section is responsible for all compliance, permitting, funding oversight, budgeting, and assists the other divisions with technical assistance. The Distribution section is closely coordinated with the Wastewater Collection section of the Wastewater Division, as the same team of employees maintains and improves both systems. The Production section is responsible for the operation and maintenance of the Water Treatment Plant (WTP) and all other groundwater and surface water sources. Activities Performed: Administration: ensure the rates are supporting their purpose Operations and Maintenance: 41% Treatment: and reliable drinking water supply for the community 59% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 Department Activity Over Last Three Years by Composition 12,000,000 10,831,286 Revenue Personnel 10,000,000 Other Operating 8,000,000 Capital 6,253,215 5,841,281 5,325,459 6,000,000 3,428,060 4,000,000 2,874,407 2,199,866 1,700,152 1,686,488 1,632,737 1,499,222 1,485,816 1,259,845 2,000,000 983,600 888,440 390,554 - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1 2 3 21 Fiscal Year 2019-20 Water Services Division Number Number of FTEs (department-wide) Department 27 Division 271 Section 2711 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1Expand Supervisory Control and In Progress SCADA is complete for Wells 4 and 9, Data Acquisition (SCADA) System booster stations are in planning phase. to Wells and Booster Pumps. 2Construct Replacement Pressure In Progress Design is complete and in prep for bidding. Zone 2 South Reservoir. 3Begin Groundwater Sustainability CompletedUkiah Valley Groundwater Sustainability Plan (GSP) for Sustainable Agency (UVGSA) has hired Larry Walker Groundwater Management Act Associates (LWA) to prepare plan. (SGMA) Compliance. Planning preparation is underway. 4Water main replacement. CompletedWater mains were replaced on Luce, Washington and Observatory. 5Optimize how water interacts with In Progress Measure Y has resulted in increased other divisions. interaction. 22 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1Water main replacement. Continue to coordinate with Measure Y projects to increase scale of replacement. 2Reinitiate Water Rights petitions. Revise petitions to align new goals and General Plan. 3Update Urban Water Management Plan. City is required to update 2015 Plan by 2020. 4 5 Intermediate-term Department/Division Comments: 1Update rate study. Five-year 2016 rate study will need to be updated for FY 2021. 2 3 4 5 Long-termDepartment/Division Comments: 1Increase beneficial use under City Water Optimize source timing and maximize Rights.conservation and conjunctive use. Discharge/recharge ground water. 2 3 4 5 23 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department WATER RESOURCES27 Division WASTEWATER SERVICES272 Section UNDEFINED 14.31 DescriptionBudget Summary The Wastewater Division is comprised of three sections: Administration, Collection and Treatment. The Administration Budget to Actual section is responsible for all compliance, permitting, funding oversight, budgeting and assists the other divisions with technical assistance. The Collection section is closely coordinated with the Water Distribution section of the Water Division, as the same team of employees maintains and improves both systems. The Treatment section is responsible for the operation and maintenance of the Wastewater Treatment Plant (WWTP) and all discharges from the WWTP. Activities Performed: Administration: from the WWTP ensure the rates are supporting their purpose 30% Operations and Maintenance: Treatment: 70% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 Department Activity Over Last Three Years by Composition 9,000,000 Revenue 7,784,234 7,673,832 7,598,940 8,000,000 Personnel 7,000,000 Other Operating 6,000,000 Capital 4,683,878 5,000,0004,391,120 4,000,000 3,017,082 2,912,678 3,000,000 1,999,535 1,702,084 1,617,663 1,466,416 1,477,371 2,000,000 1,312,352 1,156,498 1,024,452 1,000,000 153,350 - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1 2 3 24 Fiscal Year 2019-20 Wastewater Services Division Number Number of FTEs (department-wide) Department 27 Division 272 Section 2722 Accomplishments From Fiscal Year 2018-19 Stated Objectives StatusDepartment/Division Comments: 1Improve recruiting success. Completed WWTP has full staff. 2Replace/Upgrade belt filter In Progress WWTP has completed onsite evaluation of press. several dewatering technologies. 3Apply for solar grants. Deferred Funding opportunity has lapsed. 4Complete chlorine contact Completed basin expansion. 5Complete NDPES permit Completed renewal. 6Complete rate study. Deferred Rate study is 5-years overdue and has been delayed due to the Ukiah Valley Sanitation District Litigation. 7Install gas scrubber. Deferred New boilers cannot run reliably on digester gas due to new emissions equipment. Quality of digester gas needs to be improved using scrubbers. 25 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1Complete rate study. Rate study is 5-years overdue. 2Install gas scrubber. New boilers cannot run reliably on digester gas due to new emissions equipment. Quality of digester gas needs to be improved using scrubbers. 3 4 5 Intermediate-term Department/Division Comments: 1Clean and rehabilitate digesters. Digesters are due for major cleaning and rehabilitation. 2Begin inflow/infiltration reduction projects. 3Reduce Discharge to the Russian River. 4 5 Long-termDepartment/Division Comments: 1Achieve Zero Discharge. Evaluate discharge alternatives for remaining effluent to eliminate discharge to Russian River. 2 3 4 5 26 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department WATER RESOURCES27 Division RECYCLED WATER SERVICES273 Section UNDEFINED 0.80 DescriptionBudget Summary The Recycled Water Division was recently developed to reduce issues with discharge of effluent from the Budget to Actual Wastewater Treatment Plant (WWTP) while improving water supply, drought resilience, and the environment. As this utility becomes operational, a number of decisions need to be finalized regarding funding and staffing. Activities Performed: 38% 62% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Department Activity Over Last Three Years by Composition Revenue 25,000,000 22,576,091 Personnel Other Operating 20,000,000 Capital 14,069,884 15,000,000 9,157,325 10,000,000 5,000,000 111,223 85,953 118,754 67,557 78,942 -5,783 14,083 --13,983 -13,047 - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1 2 3 27 Fiscal Year 2019-20 Recycled Water Services Division Number Number of FTEs (department-wide) Department 27 Division 273 Section 2733 Accomplishments From Fiscal Year 2018-19 Stated Objectives StatusDepartment/Division Comments: 1Complete construction of a In Progress portion, or complete Phases 1 through 3 during Fiscal Year 2017/2018. 2Evaluation of Riverside Park for In Progress possible on-site storage. 3 4 5 28 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1Begin Operation of Phases 1-3. Construction completion scheduled for May 2019. 2Design Phase 4. Carollo has begun preliminary engineering. 3Secure funding for Phase 4. State funding application is complete; preparing documents for Federal funding. 4 5 Intermediate-term Department/Division Comments: 1Construct Phase 4. Anticipated to begin in FY 2020/21. 2 3 4 5 Long-termDepartment/Division Comments: 1 Evaluate water balance. Water balance will need to be analyzed after operation of Phases 1-4 to determine need for additional reuse or disposal alternatives. 2 3 4 5 29 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department COMMUNITY DEVELOPMENT23 Division UNDEFINED Section UNDEFINED 7.00 DescriptionBudget Summary The Community Development Department carries out three primary functions: Budget to Actual -Building Permits and Inspections -Housing Services -City and Community Planning 46% 54% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used (200,000) - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 Department Activity Over Last Three Years by Composition 900,000 839,205 Revenue 800,000 Personnel 663,906 700,000 581,874 Other Operating 554,274 600,000 502,298 Capital 455,270 444,400 500,000 382,607 400,000 317,213 246,764 300,000 177,978 200,000 124,220 100,000 27,344 --- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1 2 3 2: CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department COMMUNITY DEVELOPMENT23 Division COMMUNITY PLANNING231 Section COMMUNITY PLANNING2310 3.13 DescriptionBudget Summary Planning Services is a division of the Community Development Department. Planning Services assists property Budget to Actual owners, developers, and the public in matters related to the use and development of private property. This includes: providing information on the regulations and guidelines that apply to property and projects; reviewing and processing of planning applications; providing assistance on project design and development; processing land use entitlements for private and public development proposals; and performing environmental review associated with development proposals. Long Range Planning focuses on the development and implementation of the City of Ukiah General Plan. The General Plan consists of seven State of California mandated Elements and a State-certified Housing Element. Long Range Planning also develops, implements, and/or assists in the creation of special programs and projects such as the Airport Industrial Park Planned Development and creek master plans and the maintenance of the Zoning ordinance. Such efforts reflect current State law and modern planning principles. 45% 55% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used (100,000) - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Department Activity Over Last Three Years by Composition 500,000 Revenue 434,117 450,000 414,980 Personnel 400,000 342,008 Other Operating 350,000 Capital 300,000 264,131 250,000 215,569 200,000 147,117 136,910 150,000 78,000 100,000 30,219 30,158 27,344 23,013 50,000 10,359 --- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 31 Fiscal Year 2019-20 Planning Services Division Number Number of FTEs (department-wide) Department 23 Division 231 Section 2310 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Consolidate number of In Progress Updated information and several forms on forms, complete form website. Efforts will continue through 2019- updates and post on division 2020. web pages. 2 Recruit and hire Associate In Progress Hired Planning Manager and Assistant Planner Housing and Planner. Currently recruiting for Associate Planning Manager. Planner. 3 Start the General Plan In Progress Request for Proposals for consulting services update process. will be released in February; update is anticipated to begin by April 2019. 4 Organize and digitize In Progress Staff has been re-organizing files and planning records. digitizing planning documents. Staff also completed MUNIS training, which has greatly improved planning record keeping and customer service. Efforts will continue through 2019-2020. 5 Develop and deploy In Progress Survey in development and expect to customer satisfaction survey. deploy in 2018-19 fiscal year. 32 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Work with Housing Division to Housing Element update must be adopted by City complete update of Housing Council by 12/13/19. th Element. Next (6) Housing Element cycle will be 2019-2027. 2 Update Ukiah General Plan. Completion of a General Plan update (and associated Environmental Impact Report) typically takes 2-3 years. 3 Work with the County of Mendocino The update is anticipated to take approximately and Airport Land Use Commission to eight months to complete. update the Airport Land Use Compatibility Plan (ALUCP) for the Ukiah Municipal Airport (UKI). 4 Continue organizing and digitizing Ongoing effort to increase efficiency and provide documents, as well as updating superior customer service. information and handouts on website. 5 Utilize customer satisfaction survey results to evaluate and re-design customer service experience. Intermediate-term Department/Division Comments: 1 Complete the update of the General Plan and develop standardized procedure for implementation and annual monitoring and reporting. 2 Pursue annexation efforts. 3 Update the Zoning Code to reflect vision and policies in updated General Plan. 4 Start discussions with Mendocino County about updating Ukiah Valley Area Plan (UVAP). 5 Long-term Department/Division Comments: 1 Implement the policies and goals of the General Plan. 2 Complete update of the Zoning Ordinance. 3 Achieve a reputation for providing the highest level of planning services and outstanding customer service. 4 Implement programs and goals in updated General Plan, Housing Element, and associated advanced planning documents and plans. 5 33 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department COMMUNITY DEVELOPMENT23 Division BUILDING SERVICES233 Section BUILDING SERVICES2330 3.36 DescriptionBudget Summary Building Services is a division of the Community Development Department. Building Services is responsible for Budget to Actual maintaining, thorough plan review and building inspection, the minimum requirements to safeguard the public health, safety, and general welfare of the community. 44% 56% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 100,000 200,000 300,000 400,000 500,000 600,000 Department Activity Over Last Three Years by Composition 500,000 Revenue 432,257 450,000 Personnel 400,000366,400 Other Operating 326,412 350,000 Capital 300,000 248,926 250,000216,546 212,266 199,532 174,381 172,424 200,000167,620 150,000 100,000 52,318 21,521 50,000 ---- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 34 Fiscal Year 2019-20 Building Services Division Number Number of FTEs (department-wide) Department 23 Division 233 Section 2330 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Recruit, hire, and train building Completed inspector. 2 Continue cross-training efforts with In Progress Completed MUNIS permit module other department team members. training for all Department team members. Planning and Housing Division staff now have the ability to issue basic building permits. 3 Provide local training to the In Progress Hosted a safety assessment program community, contractors, and code training for disaster preparedness. officials. Produced new educational handouts and provided education and information on building code at the public counter and during field inspections. 4 Expedite plan review and improve In Progress An increasing number of plan customer service at the front counter. checks are being conducted in- rd house, rather than sending to a 3 party plan checking firm. The Division is also proactively coordinating the review process with other departments. 5 Restart rapid review. Completed Restarted 10/3/18. 35 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Recruit, hire, and train a Community We have also been collaborating with the Development Technician. Mendocino County building Department to provide a uniform approach to the public. 2 Educate customers at the front counter Division staff will continue to increase the number and during field inspections. of educational handouts produced on various building subjects, and ensure this information is available on the website. The Division also plans towards a coordinated approach to building services in the region and improving customer service. 3 Continue cross-training efforts with other Staff in all three Department divisions will department team members. continue to be educated and cross-trained on the work of other divisions, eliminating silos and ensuring all Department team members can answer basic questions for customers related to any of the three divisions. 4 Expedite plan review. Work with other plan reviewing departments to complete reviews on time or in advance of review deadline. 5 Work with Planning and Housing Divisions to continue improving the customer service experience at the front counter. Intermediate-term Department/Division Comments: 1 Research digitizing building files. 2 Educate customers at the front counter The Division will continue seeking ways to and during field inspections. improve the customer service experience. Results from the customer service survey will be utilized to make future improvements. 3 Extend building services to other Besides assisting neighboring jurisdictions, this will jurisdictions in the region to provide also provide better economies of scale for the mutual support and assistance. 4 Participate in training and regional These may be quarterly or other recurring building discussions with Mendocino meetings to develop relationships and share best County building staff. practices. 5 Implement the MUNIS mobile inspection App. Long-term Department/Division Comments: 1 Provide Building Division services to the local community in a growing capacity. 2 Launch paperless/online inspections with the MUNIS App. 3 Digitize both historical and future Building Division files and records. 4 5 36 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department COMMUNITY DEVELOPMENT23 Division HOUSING SERVICES234 Section UNDEFINED 0.51 DescriptionBudget Summary The Housing Services division is principally responsible for the development of programs and services to assist in Budget to Actual the City's Housing Trust Fund, Federal and State funded housing, Community and Economic development programs, including such activities funded through the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. 33% 67% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 Department Activity Over Last Three Years by Composition 300,000 Revenue 262,332 Personnel 250,000 Other Operating 200,000 Capital 150,000 114,720 100,000 78,676 72,540 38,635 50,000 5,922 ---------- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 37 Fiscal Year 2019-20 Housing Services Division Number Number of FTEs (department-wide) Department 23 Division 234 Section 2340 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Deploy Ukiah Housing Trust Completed/ $5 million HOME application submitted to HCD Fund Resources. In Progress for funding of a 32-unit housing project; working Office on possible deployment of additional housing trust fund resources. 2 Continue to facilitate the Completed/ development of housing, In Progress both affordable and market-rate. 3 Work with Planning Completed/ Developed residential density calculation Division to implement In Progress ordinance with Planning Division. zoning recommendations that facilitate the development of - 4 Deploy economic Completed/ Completed loan to business, retaining development resources to In Progress approximately 10 jobs. Began implementation of facilitate the creation and micro-enterprise technical assistance program retention of new/existing for low-income small business owners. jobs in Ukiah. 5 Completed Multiple housing meetings with developers have developers and housing replaced the housing summit originally planned. partners. 38 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Work with Planning Division to complete update Housing Element update must be of Housing Element. Next Housing Element cycle adopted by City Council by 12/13/19. will be 2019-2027. 2 Continue to deploy economic development 2016 CDBG economic development resources to facilitate the creation and retention grant expenditure deadline is 10/25/19. of new/existing jobs in Ukiah and to assist with the startup and operation of microenterprises. 3 Deploy HOME funds for a new rental security Program funds must be expended by deposit assistance program, utilities assistance 7/31/20. program, and first time homebuyers program. 4 Continue to deploy Ukiah Housing Trust Fund Future Ukiah Housing Trust Fund resources to both preserve and produce priorities may be influenced by affordable housing. programmatic goals developed during the 2019-2027 Housing Element update. 5 Continue working with Planning Division to implement zoning recommendations that - housing. 6 Work with the League of California Cities and Over 90 housing bills were introduced other statewide collaborates to monitor State in the first legislative session of 2019. Legislature activity related to housing-related bills and provide updates/reports to City Council as needed. Intermediate-term Department/Division Comments: 1 Implement goals, objectives, and policies of 2019- 2027 Housing Element. 2 Evaluate Ukiah Housing Strategy and Housing Trust Fund; and re-design as necessary given housing needs and policy direction from City Council. 3 Continue deploying CDBG and HOME housing and community and economic development resources. 4 Continue facilitating the development of market- rate and affordable housing. 5 Long-term Department/Division Comments: 1 Design and implement new housing and community and economic development programs through CDBG, HOME, and other federal, state, and local resources. 2 Continue to re-evaluate and re-design the Ukiah Housing Strategy to meet the housing needs of Ukiah residents. 3 4 5 39 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department ELECTRIC26 Division UNDEFINED Section UNDEFINED 21.32 DescriptionBudget Summary The Electric Enterprise Fund provides 24-hour, 365-day response to emergency service calls for customer power Budget to Actual problems and outages. Additionally, this team is responsible for making high voltage power lines safe for Fire & Police personnel at structure fires, automobile accidents and to make other situations where electric lines are near emergency crews safe. 45% 55% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Department Activity Over Last Three Years by Composition 18,000,000 16,524,264 16,479,467 16,298,356 Revenue 16,000,000 Personnel 14,000,000 12,457,360 12,326,454 Other Operating 11,055,893 12,000,000 Capital 10,000,000 8,750,692 8,000,000 6,619,802 6,000,000 4,192,940 3,732,094 4,000,000 2,728,783 2,595,216 1,931,796 918,706 886,405 2,000,000 563,401 - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 3: CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department ELECTRIC26 Division ELECTRIC DISTRIBUTION261 Section ELECTRIC DISTRIBUTION2610 12.32 DescriptionBudget Summary Budget to Actual The division also provides wide range of services including contract administration, inspection and 24x7 emergency response services supporting first responders. 26% 74% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 Department Activity Over Last Three Years by Composition 4,500,000 4,016,113 Revenue 4,000,000 Personnel 3,500,000 Other Operating 3,000,000 Capital 2,500,000 1,942,065 1,908,590 1,739,052 2,000,000 1,327,661 1,500,000 915,420 823,676 796,671 1,000,000 304,146 230,588 500,000 174,575 129,328 ---- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 41 Fiscal Year 2019-20 Electric Distribution Division Number Number of FTEs (department-wide) Department 26 Division 261 Section 2610 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Start Meter replacement In Progress Review of meter options is underway. (AMI) project. 2 Develop renewable energy In Progress Design complete. Working with Planning on resources - Utility Service Hastings solar structure, Project #1. Center. 3 Complete Service Center In Progress Flooring, shelving and lighting in warehouse improvements scheduled complete. Low Impact Development Report for 2019. complete. Drainage and site design underway. 4 Start 4160-12kV conversion In Progress Working on list of conditions for Fairgrounds at Fairgrounds. approval. 5 Start Gobbi Street In Progress Design and easements complete. Presentation Underground Project, to council. District #3. 6 Utilizing electronic mobile Completed Crews and management using mobile mapping mapping. platform in preparation of AMI deployment and instant system condition updates. 7 California Public Utilities Completed Successfully completed the CPUC inspection. Commission (CPUC) detailed system inspection. 42 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Complete partial Meter replacement Deploy AMI meters and explore possibility of a and start AMI Pilot. pilot program. 2 Complete scheduled Service Center Complete yard grading, fencing and selected improvements. office remodeling. 3 Improve preventive maintenance using Explore using drone inspection methods, advanced testing methods and advanced infrared inspection techniques and technology. other technologies including LiDAR and RADAR. 4 Develop renewable energy resources - Design complete. Working with Planning on Utility Service Center. Hastings solar structure, Project #1. 5 Complete the Gobbi Street electric for Complete undergrounding of electrical facilities Underground District #3. and services. Intermediate-term Department/Division Comments: 1 Complete renewable energy resource, Part of an overall State electric resource mix Project #2. mandate for renewable energy as part of resource mix. 2 Design of State Street Underground. Under Ground Districts identified by Ukiah City Council. 3 Perform 10 year wood pole testing. Wood pole maintenance testing. 4 Complete AMI project. Scheduling may vary pending timeliness of CIS deployment. 5 Complete Service Center improvements. Complete yard electrical training facility. Long-term Department/Division Comments: 1 Complete State Street Underground. Scheduling may vary depending on the State Street improvement projects. 2 Local utility scale renewable resource Evaluate technologies and economics to best project (Solar, Hydro or Wind Project). meet our customer's and resource requirements. 3 4 5 43 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department ELECTRIC26 Division TECHNICAL SERVICES262 Section TECHNICAL SERVICES2620 3.30 DescriptionBudget Summary The Electric Utility Technical Services Division is responsible for the operation, maintenance, testing and calibration of Budget to Actual data/communication systems. Responsibilities include: High Voltage maintenance of vacuum and SF6 power circuit Division plans and schedules work internally and externally with the United States Corps of Engineers (USCOE), Fish & Game, Sonoma Water Agency and Northern California Power Agency (NCPA). The team deals with a wide variety of 39% 61% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 Department Activity Over Last Three Years by Composition 800,000 737,365 Revenue 700,000 628,102 Personnel 600,000 542,262 Other Operating Capital 500,000 438,665 400,000 316,220 300,000 227,409 184,971 200,000 100,000 32,739 28,030 27,344 25,000 ----- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 44 Fiscal Year 2019-20 Technical Services Division Number Number of FTEs (department-wide) Department 26 Division 262 Section 2620 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Upgrade governor at Deferred!Project budgeted for FY 2020/2021and 2021/2022. the Hydroelectric Plant 2 Install Orchard Completed Significant improvement to the customer reliability Substation control by reducing impacts during power restoration. restoration scheme. 3 Perform system Arc In Progress Engineering work in progress. Flash and Coordination Studies. 4 Review and identify In Progress AMI metering equipment is being evaluated for meters for AMI project. purchase. 5 Coordinate and Completed Federal: Hydro and Substation; perform Federal, State State: Substation and High Voltage (HV) metering. facility and compliance inspections. 6 Completed main Completed Technicians developed improved techniques in feeder infrared survey in detecting and avoiding equipment failure that and study. cause large power interruptions. 45 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Expand infrared survey. Survey tap lines, secondary, transformers and services. Explore infrared survey services. 2 Complete Hydroelectric Plant Approval received from the US Army Corps of warehouse, shop and restroom. Engineers, design to begin summer 2019. 3 Protective relay calibration testing. National Electric Reliability Council (NERC) mandated. 4 Substation and Hydroelectric Plant Replace outdated hardware and automation Control System replacement. maintain reliability. 5 Install fiber for the Substation and Used for protection, data and SCADA controls. Hydroelectric Facilities. Intermediate-term Department/Division Comments: 1 Continue and expand scope as infrared technology and equipment improves. 2 Replace turbine governor regulator Improves performance, reduces down time due to and loop controls. adjustment and repair. Reduces overall costs. 3 Power transformer Load Tap Changer Necessary maintenance for 3 Load Tap maintenance. Changers. 4 Hydroelectric Plant governor and Upgrades the sensing and controller to improve valve upgrade performance. 5 Replace Fish Hatchery pumps and Improves reliability and reduces costs. controls. Long-term Department/Division Comments: 1 Identify Substation #2 Preliminary Future planning to meet City and customer needs. transmission route and design. Site acquisition and development. 2 3 4 5 46 CITY OF UKIAH 2018-19 MIDYEAR REVIEW City of Ukiah Activity Summary Fiscal Year 2018-19 NameNumberNumber of FTEs (department-wide) Department ELECTRIC26 Division ELECTRIC ADMINISTRATION264 Section ELECTRIC ADMINISTRATION2640 5.70 DescriptionBudget Summary The Electric Utility Administration Division provides the financial and organizational oversight of the department. Budget to Actual Additionally, other duties include: system design and engineering, administrative support, energy resource purchasing and system planning. This Division develops rates and rate structures, establishes department policies, goals and objectives, monitors cash flow, capital and Operation and Maintenance (O&M) budgets, and coordinates training that develops each individual to their full potential for the department. 46% 54% Amount UsedAmount Available Activity Trends Budgetary Composition PersonnelOther OperatingCapitalEncumbrances Total Budget Amount Available Amount Used - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 Department Activity Over Last Three Years by Composition 11,356,970 12,000,000 11,190,756 Revenue Personnel 10,000,000 9,167,190 Other Operating 8,000,000 Capital 6,417,884 6,000,000 4,000,000 2,000,000 1,161,927 417,500 277,931 287,916 -------- - 2016-17 Actual (full year) 2017-18 Actual (full year) 2018-19 Budget 2018-19 Actual (mid-year) Notes 1Amounts reported here are through December 31, 2018. 2 3 47 Fiscal Year 2019-20 Electric Administration Division Number Number of FTEs (department-wide) Department 26 Division 264 Section 2640 Accomplishments From Fiscal Year 2018-19 Stated Objectives Status Department/Division Comments: 1 Roll out customer portal as part of Deferred Project scheduled for 2020/2021. the AMI project to improve customer access to information and services. 2 Develop small cell pole Completed Scheduled to be presented to Council attachment agreement. 04/03/19. 3 Performed Department wide job Completed Completed salary implantation to within description and salary review eight percent of market. improve employee recruitment and retention of highly skilled Lineman, Engineers, and Technical staff. 4 Developing cost effective Completed Completed design and scoping studies. renewable energy resource and storage options. 5 48 Future Objectives Fiscal Year 2019-20 Near-term Department/Division Comments: 1 Start Fire Mitigation Study to comply SB 901 requires utilities to create a fire mitigation with State requirements. plan. 2 Apply for grant opportunities for Potential grant opportunities available. hardening the system to prevent fire hazards. 3 Implement EV charger rate. Underway. 4 Develop electric energy programs Expand EV Charger rebate program. Energy that are useful and beneficial to our efficiency rebate programs to encourage customers. conservation and carbon reduction through fuel source conversion. 5 Net Energy Metering (NEM) Policy. As solar generation continues to expand, an NEM-2 policy will need to be implemented. Intermediate-term Department/Division Comments: 1 Meet State mandated reporting and program performance goals. 2 Provide the best in class maintenance Continually explore new technologies to ensure the and system improvements increasing Utility is meeting best practices in policy, equipment reliability, capacity and customer and work practices. satisfaction. 3 Comply with legislative mandates. Resource, construction and reporting. 4 Closely monitor system performance and identify needed enhancements. 5 Long-term Department/Division Comments: 1 Develop additional cost effective resources. 2 Monitor and assist in legislation that enhances the electric systems value to the public and City. 3 Provide support to the Construction Includes technical, financial and policy support. and Technical Services Division. 4 Further expand employee Attraction and retention of skilled employees, development and retention program specifically Linemen and engineers has been a value. Includes monitoring and challenge in the industry and in Ukiah. The goal is to improving compensation of ensure a highly skilled workforce is in place to better professional and skilled trades. serve our community and customers. 5 49 4: (arriving at 5:29 p.m.) (arriving at5:56) MAYOR MULHEREN PRESIDING. The Pledge of Allegiance was led by Tim Eriksen, Public Works Director / City Engineer. The Finance department reports were received. City Clerk, Kristine Lawler, stated for the record that attendance had not changed. (speaking a second time.) (attached to minutes) 51 RECESS: 7.10 – 7:20 P.M. Presentation was received. – Information Technology. – Public Works. – Public Works. (2019-06) – Public Works. (2019-07) – Public Works. – Water Resources. 52 No reports were received. (2019-08) (COU No. 1819-183) Reports were received. 53 The Public Works department report was received. Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 No Closed Session was held. 54 55 56 57 58 CITY OF UKIAHAttachment 1 REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY FUNDS: 100General Fund$309,947.81700Sanitary Disposal Site Fund$579.74 105Measure S General Fund701Landfill Corrective Fund 110Special General Fund702Disposal Closure Reserve Fund 120Streets Capital Improvement$83,425.97704Post Closure Fund - Solid Waste$0.00 201Worker's Comp Fund$112,629.75720Golf Fund$1,306.26 202Liability Fund$39,062.53730Confernence Center Fund$4,379.17 203Garage Fund$7,297.91750Visit Ukiah $7,732.69 204Purchasing Fund $930.89777Airport Fund$51,414.87 205Billing & Collections Fund$14,763.91778Airport Capital Improvement Fund 206Public Safety Dispatch Fund$6,018.23779Special Aviation Fund 207Payroll Posting Fund$234,880.11800Electric Fund$732,838.04 208Building Maintenance/Corp Yard Fund$16,069.14801Electric Capital Reserve Fund$14,746.76 209IT Fund$35,750.05803Lake Mendocino Bond Reserve 220Equipment Reserve Fund805Street Lighting Fund$11,311.12 250Special Revenue Fund$87.51806Public Benefits Fund$4,331.68 251 Special Projects Reserve Fund$4,760.00820Water Fund$56,903.10 253 CITY PROP 172$6,298.97822Water Capital Improvement Fund$207,084.71 300Park Development Fund830Recycled Water Fund$1,474,020.54 301Anton Stadium Fund$0.00 302Observatory Park Fund840City/District Sewer Fund $219,562.40 304Swimming Pool Fund $0.00841Sewer Contruction Fund$3,523,198.56 305Riverside Park Fund$0.00843Sewer Capital Fund 306Skate Park Fund$0.00900Special Deposit Trust$17,257.08 310Museum Grants901General Service (Accts Recv)$2,225.05 311Alex Rorbaugh Recreation Center Fund$3,378.60902U.S.W. Billing & Collection$34,894.64 312Downtown Business Improvement Fund$50.00903Public Safety - AB 109$0.00 313LMIHF Housing Asset Fund905Federal Emergency Shelter Grant 314Winter Special Events$2,355.23905Mendocino Emergency Service Authority 5002106 Gas Tax Fund911Russian River Watershed Association 5012107 Gas Tax Fund915UVFD $25,456.00 5032105 Gas Tax Fund916UVFD PROP 172$6,300.02 505Signalization Fund917UVFD Measure B$4,018.30 506Bridge Fund918UVFD Mitigation$1,361.79 5071998 STIP Augmentation Fund940Sanitation District Special Fund$457.16 508SB325 Reimbursement Fund$5,340.00943Sanitation District Capital Improvement Fund 509S.T.P. Fund$24,090.60952REDIP Sewer Enterprise Fund 510Trans-Traffic Congest Relief Fund960Community Redevelopment Agency 511Rail Trail Fund$53,012.38961RDA Housing Pass-Through 600Community Development Block Grant962Redevelopment Housing Fund 601EDBG 94-333 Revolving Loan963Housing Debt 602Community Development Fund964RDA Capital Pass-Through 60308-HOME-4688965Redevelopment Capital Improvement Fund 604CDBG Grant 09-STBG-6417966Redevelopment Debt Service 60511-HOME-7654 Fund$0.00967Housing Bond Proceeds 606CDBG Grant 10-EDEF-7261968Non-Housing Bond Proceeds 607Prop 84 Grant Fund969RDA Obligation Retirement Fund$492.00 60913-CDBG-8940844/944Sewer Capital Projects Fund$186,242.60 610City RDA Projects Fund 630Asset Seizure Fund 631Asset Seizure Fund (Drug/Alcohol) 633H & S Education 11489(B)(2)(A1)$550.00 634Federal Asset Seizure GrantsRetainage Withheld$74,641.35 635SUP Law Enforcement Service Fund611CDBG 16-CDBG-11147 637Local Law Enforcement Block Grant 638Asset Forfeiture 11470.2 H & S 639Special Revenue - Police$0.00 640Parking District Fund$544.05 691Museum Fund$4,162.48 PAYROLL CHECK NUMBERS: 506798-506832 DIRECT DEPOSIT NUMBERS: 91332-91553TOTAL DEMAND PAYMENTS- A/P CHECKS$7,628,161.75 PAYROLL PERIOD: 1/13/19-1/26/19TOTAL DEMAND PAYMENTS-WIRES* & EFT's$69.00 PAYROLL CHECK NUMBERS: 506833-506868TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$899,141.38 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) DIRECT DEPOSIT NUMBERS: 91554-91770$572,058.94 PAYROLL PERIOD: 1/27/19-2/9/19* vendor name( if applicable) PAYROLL CHECK NUMBERS: DIRECT DEPOST NUMBERS: PAYROLL PERIOD: VOID CHECK NUMBERS: 3030978, 3031152, 3031108, 3030638, 3031292 TOTAL PAYMENTS$9,099,431.07 3031425, 3031424, 3031480, 3031422, 3031381, 505169 MANUAL CHECK NUMBERS: 506797 WIRE TRANSFER NUMBERS: CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on _______________________. City Clerk APPROVAL OF CITY MANAGERCERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same.I have audited this Register and approve for accuracy and available funds. 59 ____________________________________________________________________________________________ City ManagerDirector of Finance Account Code Summary Attachment 2 10000000General Fund20526430Electric Department - Meter Readers 10010000City Council20620231Ukiah Dispatch 10011100City Clerk20620232Ft Bragg Dispatch 10011300Elections20700000Payroll Posting Fund 10012100City Manager20822500Building Maintenance 10012200Administrative Support20824300Corporation Yard 10012400Miscellaneous General Government20922900IT Fund 10013400Finance Department22013300FA Replace - Finance UB 10014000City Attorney22020200FA Replace - Police Operations 10015100Treasury Management22021210FA Replace - Fire Administration 10016100Human Resources22022900FA Replace - Information Technology 10017100Economic Development22024100FA Replace - Garage 10018000Community Outreach 22024220FA Replace - Streets 10020217Animal Control 22024413FA Replace - Water Distribution Cap 10022100Parks 22024414FA Replace - Water Distribution O&M 10022300Aquatics22024421FA Replace - City Wastewater 10022800Recreation 25024210Engineering Reserve 10022810Recreation Administration25024300Corporation Yard Reserve 10022821Adult Basketball 25122900CIP - IT 10022822Adult Softball25123100CIP - Planning 10022824Co-Ed Volleyball25124210CIP - Engineering 10022831Youth Basketball25124220CIP - Streets 10022832Youth Softball25124410CIP - Water 10022840Day Camp25124421CIP - City Wastewater 10022850Classes & Clinics25126410CIP - Electric 10022860Special Activities30022200Park Development 10023100Community Planning30122210Anton Stadium 10023320Building Inspection30222220Observatory Park 10024210Engineering30522250Riverside Park 10024214Traffic Signals30622260Skate Park 10024620Streets 30822280Project Planning 10024224Storm Drains31022700Museum Grant 10514000Police - City Attorney31122000Alex Rorabaugh Recreation Center 10520210Patrol31217100Downtown Business Improvement District 10520214Police Reserves50524210Engineering - Signalization Fund 10520216COPS Grant50624210Capital Engineering 10520218Police - CSO50824210SB325 - Engineering 10520224Police - Major Crimes Task Force50824220SB325 - Streets 10521210Fire Administration50924210STP - Engineering 10521312Fire Volunteer Station50924220STP - Streets 20112400Worker's Compensation Fund51024220Trans - Traffic Slurry Seal 20212400Liability Fund 510X9999Trans -Traffic Project 20324100Garage Fund60217441Grant - CDBG 602 20413500Purchasing Fund60317442Grant - HOME 603 20513300Billing and Collections60417441Grant - CDBG 604 20514000Billing and Collections - City Attorney60517442Grant - HOME 605 5: 20524412Water Department - Meter Readers60517461First Time Homebuyer Program Account Code Summary Attachment 2 60517462FTHB Activity Delivery80026130Electric Substation 60517467FTHB - PIR80026140Reimbursable Work for Others 60600000CDBG Grant 10-EDEF-7261 Fund80026200Electric Metering 60617441Grant - CDBG 60680026300Electric Generation 60617451General Administration80026312Mendocino Hydro 60617452AD ED Direct Financial Assistance80026330Hydro Electric 60617453ED Direct Financial Assistance80026400Electric Administration 60717443Grant Prop 8480026410Electric General Administration 60724413Prop 84 Water Distribution Cap80026430Interdepartmental Charges 6090000013-CDBG-894080326330Hydro Plant 6091745813-CDBG-894080526610Street Lighting 63020210Asset Seizure Expenditure80626500Public Benefit 63120210Drug & Alcohol Education82027110Water 63320210H&S Asset Seizure Expenditure 82027111Water - Production O&M 63420250Fed Asset Seizure Expenditure 82027113Water - Distribution Capital 63520210SLESF82027114Water - Distribution O&M 63820210Asset Forfeiture 11470 82027115Water - Production Capital 64020213Parking Enforcement82227113Water - Distribution Capital 69122700Museum84027220Wastewater 70024500Landfill 70084027221Wastewater City - O&M 70224500Landfill Closure84027222Wastewater City - Capital 70424500Landfill Post closure84027225Wastewater Treatment - O&M 72022400Golf84027226Wastewater Treatment - Capital 73022600Conference Center84227220Wastewater 75017110Visit Ukiah84327222Wastewater City - Capital 77725200Airport Operations84427221Wastewater City Capital - O&M 77817411FAA Grant84427222Wastewater City - Capital 80026100Electric Administration90000000Special Deposit Trust Fund 80026110Electric Overhead91190100Russian River Watershed Assoc 80026120Electric Underground96900000Successor Agency 80100000 Infrastructure 61 hĬƆĻĭƷ /ƚķĻ {ǒƒƒğƩǤ Attachment 3 12102INVENTORY OF SUPPLIES52526FRAUD INVEST. ASSESSMENT 12103STORES PURCHASES52527A.D.P. PREMIUM & DEDUCTIBLE 12104INVENTORY - PURCHASES52528LIABILITY INSURANCE 12105STORES ISSUES52529EARTHQUAKE & FLOOD PREMIUMS 51211PERS UNFUNDED LIABILITY52530POLLUTION-ENVIRON INS PREMIUM 51280OVERTIME/CALLOUT MEALS52531UMEMPLOY. INS EXPENSE 51285CALLOUT MILEAGE REIMBURSEMENTS52532SAFETY & TRAINING SUPPORT 52100CONTRACTED SERVICES52600RENT 52107CONTRACTED SERVICES-EIR52841SUCCESSOR AGENCY ADMIN 52108CONTRACT SERVICES-GPU54100SUPPLIES 52110AMBULANCE BILLING54101POSTAGE 52111MAINT. CONTRCTS - DEFIBRULATOR54102SMALL TOOLS 52112M. S. OVERSIGHT54105PHOTOGRAPHIC EXPENSE 52113PLANNING STUDIES54106SPECIALTY SUPPLIES 52114COMPLIANCE STUDIES54120PW - SPECIAL SUPPLIES 52120LABOR CHARGES FROM OTHER DEPAR54121PW - ASPHALT CONCRETE 52130EDUCATIONAL & MARKETING MATL'S54122PW - AGGREGATE BASE 52131ASSISTANCE TO SENIORS54123PW - CRACK SEALANT 52132EMERGENCY ASSISTANCE54124PW - CONCRETE/SUPPLIES 52133MONTHLY DISCOUNT PROGRAM54125PW - TRAFFIC PAINT 52134CONTRACT ADMINISTRATION54126PW-PREMARKS 52135ENERGY CONSERVATION PROGRAM54127PW - SIGN POSTS/SHEETING 52136PHOTOVOLTAIC RATES/INCENTIVE54128PW - COLD PATCH MATERIAL 52137PUBLIC BENEFITS PROGRAM MGMT54129PW - TACK OIL 52138NCPA PUBLIC BENEFITS PROGRAM54130PW - SAFETY 52139RESEARCH, DEVELOPMENT & DEMO54131PW - BARRICADES & CONES 52140LITIGATION EXPENSES54160HR - CITY LIABILITY & CONTRACT 52145DETACHMENT-SEWER-UVSD54161HR - BACKGROUND & PHYSICALS 52150LEGAL SERVICES/EXPENSES54162HR - ADVERTISING 52151AFLAC & PERS INSUR ADMIN FEES54163HR - INTERVIEW SUPPLIES 52170UKIAH WASTE SOLUTIONS54164HR - FORMS & OTHER DIV. EXP. 52171RESIDENTIAL BILLING CHARGE54165HR - NEW EMPLOYEE FINGERPRINT 52172COMMERCIAL OVERSIGHT FEE54166HR - DOT TESTING PROGRAM 52180SECURITY SERVICES54167HR - EMPLOYEE DEVELOPMENT 52301PROPERTY TAX ADMIN FEE54168HR - REMIF SAFETY TRNG & SUPPO 52302AMBULANCE FEES54201PRISONER EXPENSE 52303REHIT SUPPORT54202MAJOR CRIME INVETIGATIONS 52304LAFCO FEES AND PROP TAX EXP54320SOFTWARE 52500TRUSTEE FEES54330COMPUTER AND TECHNOLOGY 52510ADVERTISING & PROMOTION54500EQUIP RENTS AND LEASES 52515ADVERTISING & PUBLICATION54700FINES & PENALTIES 52521LIABILITY INSURANCE PREMIUM55100TELEPHONE 52522LIABILITY INSURANCE DEDUCT55200PG&E 52523BOILER/MACHINERY PREMIUMS55210UTILITIES 52524PROPERTY INSURANCE56100VEHICLE & EQUIPMENT MAINT. & R 62 52525WORKER'S COMP. EXPENSE56110CITY GARAGE - PARTS 56121R & M RADIO EQUIPMENT56111CITY GARAGE - LABOR 56122R & M NON-AUTO EMS EQUIPMENT56112EQUIPMENT PARTS FOR RESALE 56123R & M COMPUTERS56120EQUIPMENT MAINTENANCE & REPAIR 56124MAINT CONTRACT DEFIBULATORS80235SYSTEM MAINTENANCE 56130EXTERNAL SERVICES80236EMERGENCY/CONTINGENCY 56210FUEL & FLUIDS90100LOAN PROCEEDS 56300BUILDING MAINT. & REPAIR90101LOAN PAYMENT RECEIVED 56410EQUIPMENT RENTAL - PRIVATE90301LOAN REPAYMENT 56504FACILITY MAINTENANCE & REPAIR90410BOND PROCEEDS 56600AIRFIELD MAINTENANCE & REPAIR 56700LANDFILL CLOSURE EXPENSE 57100CONFERENCE & TRAINING 57101CONF & TRAINING-AQUATICS 57102CONF & TRAINING-PARKS STAFF 57200MEETINGS 57300MEMBERSHIPS & SUBSCRIPTIONS 58101NCPA PLANT GENERATION 58102NCPA POWER PURCHASES 58103NCPA TRANSMISSION 58104NCPA MANAGEMENT SERVICES 58105NCPA THIRD PARTY SALES 58106NCPA PASS THROUGH COSTS 58107NCPA COMMITMENTS ACTIVITY 58201WATER PURCHASES 58202WATER TREATMENT PLANT CHEMICAL 58401AVIATION FUEL 58410GARAGE LUBRICANTS & PARTS 58510REIMBRSABLE JOBS 59100PROPERTY TAXES PAID 59101FEES 59102FRANCHISE FEES 59350PURCHASE DISCOUNTS TAKEN 59400OTHER EXPENSES 70101LOAN PAYMENTS MADE 70102BOND INTEREST PAYMENTS 70110BOND ISSUANCE COSTS 70201LOAN PRINCIPAL PAYMENTS 70202BOND PRINCIPAL PAYMENTS 80100MACHINERY & EQUIPMENT 80200BUILDINGS ACQUISITION 80210LAND ACQUISITION 80220BUILDING IMPROVEMENTS 80230INFRASTRUCTURE 80231RECYCLING STUDY 50% GRANT MATC 80232LINE REPLACEMENTS 80233MAIN REPLACEMENTS 63 80234INFLOW/INFILTRATION 64 65 66 67 68 69 6: 71 72 73 74 75 76 77 78 79 7: 81 82 83 84 85 86 87 88 89 8: 91 92 93 94 95 96 97 98 99 9: :1 :2 :3 :4 :5 :6 :7 :8 :9 :: 211 212 213 214 215 216 217 218 219 21: 221 222 223 224 225 226 227 228 229 22: 231 232 233 234 235 236 237 238 239 23: 241 242 Vehicle&HeavyEquipmentRequest&Justification FORFISCALYEAR:2018/2019 ITEM:COMMAND/CHIEFOFFICERVEHICLE ASSETUSEFULLIFE:510YEARSESTIMATEDCOST:$50,000 SUBMITTEDBY:ERICSINGLETON,FIRECAPTAIN NEWREQUESTORREPLACEMENTOFEXISTING?:Replacementofexisting. PROJECT PROPOSEDBUDGETEDAMOUNTFOR EACHDEPT/DIV DEPARTMENT(S)DIVISION(S)CODEORG&OBJECTACCOUNTCODE FIREAUTHORITYCITYFIREV316410021210.80100$50,000.00 EXISTING VEHICLEOREQUIPMENTREQUESTINGTOBEREPLACED VIN/SERIAL# CITYEQUIPMENT#MODEL YEAR 1999 U6515 CHEVY4X4BLAZER 1GNDT13W6X2209361 ESTIMATEDLIFEINCURRENTMILEAGE/HOURSORIGINALPURCHASEPRICEESTIMATEDSALVAGE/RESALEVALUE /HOURS MILEAGE 100000miles104,000MILES $26,700.00$700.00 CURRENTCONDITION:Fair.Intermittentnonoperationaldashgaugedisplay. MAINTENANCECOSTSTODATEADDITIONALNEEDEDREPAIRSESTIMATE(IFAPPLICABLE)MEETCARBSTANDARDS? $17,231.00None.Meets2018Standards. ESTIMATEDOUTOFSERVICETIMEPARTSAVAILABILITY 159hoursSOMEOEMPARTSAREAVAILABLE PROPOSED VEHICLEORHEAVYEQUIPMENT PROPOSEDEQUIPMENTSPECIFICATIONS(ATTACHADDITIONALDOCUMENTATIONIFNECESSARY):2018/2019FORDEXPLORER,EXPEDITIONORF150XL SUPERCREWOREQUAL. EST.MILEAGE/HOURSPERYEAR 7,00010,000MILES JUSTIFICATION/USE/NEED:ThevehiclewillbeusedonadailybasisbytheUkiahValleyFireAuthorityasaCommand/ChiefOfficervehicle.It willbeassignedtothenewpermanentFireChiefasastaffvehicleandtorespondtoemergencyincidentsasneeded.Itwillprovideamobile incidentcommandpostwithextensivecommunicationcapability. COST/BENEFITANALYSIS:Basedonpasthistory,useofthevehiclesshouldextendwellbeyondthestandardusefullifeof510year,tomost likely1015years.Basedonthisestimation,thecostforthevehiclealonewillbeapproximately$3,300peryear.Thebenefititwillprovideis thenecessaryequipmentneededforFireChiefforproperresponsetoemergencyincidents.tƌĻğƭĻƭĻĻğƷƷğĭŷĻķƭǒƦƦƌĻƒĻƓƷğƌźƓŅƚƩƒğƷźƚƓ͵ OTHERINDIRECTBENEFITS:None. ALTERNATESOLUTIONSEXPLORED:Continueduseofexistingvehiclesisnotrecommended. ADDITIONALCOMMENTS:N/A 243 REVIEWED&APPROVEDBY:SIGNATUREDATE DEPARTMENTHEAD FLEETMAINTENANCESUPERVISOR MAINTENANCECOSTSFIRECOMMANDVEHICLEV3164 YearMilesCost 2004/2005370003,768.00$ 2005/2006418303,044.00$ 2006/2007520006,397.00$ 2007/2008619004,946.00$ 2008/2009776106,060.00$ 2009/2010851001,496.00$ 2010/2011900821,500.00$ 2011/201291960891.00$ 2012/2013989001,489.00$ 2013/2014100000$ 2014/2015100398849.00$ 2015/2016100857$ TOTALS10085717,231.00$ 244 PAGE 1 OF REQUEST FOR BID 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 P: (707) 467-5719 DATE: 2/13/19 Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E37522 herein, and by the specified deadline, or the bid will be rejected. BIDS WILL BE RECEIVED UNTIL Submitted by:1:30 p.m., February 2,2019 (Company Name AT THE OFFICE OF THE BUYER & Address)300 SEMINARY AVE. CITY of UKIAH BY:Seth Strader Email: sstrader@cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE New 2020 Ford Explorer Interceptor 4DR SUV per City of Ukiah Equipment Specification 1 ea #E37522 (Equivalents will not be accepted due to existing outfitting equipment that the City has) Tax (8.875 %): Shipping: TOTAL: Payment Terms:N30 SIGNATURE:DATE:LEAD TIME ARO : PRINT NAME:PHONE:EMAIL: UFSNT; 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor. 2.Right is reserved to reject any and all bids. 3.Right is reserved to accept separate items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5.In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased 245 costs. 6.The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 7.In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB. 8.Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above. CITY OF UKIAH EQUIPMENT SPECIFICATION #E37522 FOR ONE (1) NEW 2020FORD EXPLORER INTERCEPTOR The City of Ukiah invites bids for furnishing one (1) new 2020 Ford Explorer Interceptor All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. Bidder shall, as indicated on the Request for Bid form, state the total price for the new vehicle as specified (including any options and accessories), sales tax, destination charges and any other applicable fees or charges, FOB the City of UkiahCorporation Yard 1320 Airport Road, Ukiah CA 95482 Only proposals from licensed dealers (new) will be considered. The City reserves the right to select and purchase a vehicle directlyfrom the State of California Department of General Services. Please contact Seth Straderat (707) 467-5719 or sstrader@cityofukiah.comif you have any questions regarding these specifications. GENERAL INSTRUCTIONS TO BIDDERS Each bidder shall attach to his bid a complete detailed description of the unit he proposes to furnish. All equipment catalogued as standard shall be furnished and included in the purchase price of the unit. The total price shall include all equipment, accessories and optional items. In making its selection, the City will consider all factors relating to the vehicle including operating performance, operator comfort, safety, service and parts availability as well as cost. The vehicle furnished under these specifications is to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. The City reserves the right to reject any or all bids andto determine which bid, in its opinion, will best serve the needs and requirements of the City. The successful bidder shall supply the vehicle fully equipped and ready for service at the time of delivery. Dealer shall process registration and title transfer for exempt license plates to the Department of Motor Vehicles on behalf of the City of Ukiah. 246 2020FORD EXPLORERINTERCEPTOR General Specifications K8A 4DR AWD POLICE64E 119.09 WB 65U INT UPGRADE PKG YZ OXFORD WHITE CARPET FLR COV SYNC 3 F CLTH BUCKETS/RR 66A FRONT HDLMP PKG 6 EBONY GRILL WIRING 500A EQUIP GRP 66B TAIL LAMP PKG 99B 3.3L V6 TIVCT 66C REAR LIGHT PKG 44U 10SPD AUTO TRAN 67V CONNECTOR KIT 17A - AUX CLIMATE CTL 76R REVERSE SENSING 17T - CARGO DOME LAMP 85D FRT CNSL MT DEL 18D GBL LOCK/UNLOCK 86T RR TAILLAMP HSG 18X 100 WATT SIREN 942 DAYTIME RUN LMP 19K H8 AGM BATTERY 96T RR SPLR TRFC LT 425 50 STATE EMISS FLEX-FUEL 47A ENGINE IDLE 153 FRT LICENSE BKT 51T SPT LAMP DR LED SP FLT ACCT CR 52T T/TOW CLASS III FUEL CHARGE 55B BLIND SPOT INFO 55F KEYLESS 4 FOB 247 248 188.75 3,591.71 TOTAL 40,470.0044,250.46 $ $ $ $ œǒƒǞğƌƷ CƚƩķ UNIT 40,385.00 $ 38.75 3,478.11 TOTAL 39,190.0042,706.86 $ $ $ $ ağƩźƓ /ƚǒƓƷǤ CƚƩķ UNIT 39,228.75 $ 38.75 3,385.90 TOTAL 38,151.0041,575.65 $ $ $ $ .źķ ğĬǒƌğƷźƚƓ wĻķǞƚƚķ CƚƩķ UNIT 38,151.00 $ 1 v— TAX wĻƨǒĻƭƷ ŅƚƩ .źķ Ώ 9ЌАЎЋЋ Ώ ЋЉЋЉ CƚƩķ 9ǣƦƌƚƩĻƩ LƓƷĻƩĭĻƦƷƚƩ GRAND TOTAL Shipping) L9a 59{/wLtLhb Specification #E37522 SUV per City of Ukiah Equipment Additional Fees (Tires, Filing, Doc, New 2020 Ford Explorer Interceptor 4DR 1 L9a ϔ 249 24: NORTHERN CALIFORNIA POWER AGENCY AMENDED AND RESTATEDAGREEMENTREGARDING THE USE AND NON-DISCLOSURE OF CONFIDENTIAL INFORMATIONAND LICENSE TO USE INTELLECTUAL PROPERTY The Northern California Power Agency (NCPA), a joint powers authority, and ___________________, a __________________, a member or customer of NCPA Amended and Restated Agreement Regarding the Use and Non-Disclosure of Confidential Information and License to Use Intellectual WHEREAS, pursuanttoNCPA project power sale agreements, associated operating agreements,facility agreements,and other applicable servicesagreements (collectively referred tohereinNCPA Agreements,the Receiving Party, as amember or customer and in either case signatory to one or moreNCPAAgreements,may beentitledtoreceive certain ConfidentialInformation(as defined in Paragraph 2)fromNCPA concerning the operations and settlements andhave a license to use Intellectual Property(as defined in Paragraph 7\[a\]); WHEREAS,NCPAintends to provide data, including Confidential Information,tothe Receiving Partyprimarily through its Data Portalor other electronic or physical media(the ; WHEREAS, some of the Confidential Information provided includes data relating to the al and settlement activities,includingbids and costs; WHEREAS, the parties recognize that data designated asConfidential Information has thepotential to be misused for unlawfulmarketpurposes; WHEREAS, the parties have agreed to put procedures in place to prevent the use or disclosure of the Confidential Information in a manner that might be construed to violate federal or California law; WHEREAS, NCPA has developed Intellectual Property including software for analyzing energy market data, developing bidding strategies and providing that information to the California Independent System Operator; WHEREAS, Receiving Party may want to use Intellectual Property developed by NCPA to process data, create bids, create bidding strategies, communicate that information to the California Independent System Operator or other energy market applications;and WHEREAS, NCPA provides a nonexclusive license toits members and customers to use Intellectual Property while they are members or customers of NCPA and operating under NCPA Agreements but doesnot sell, give or transferIntellectual Property to anyone including members and customers. THEREFORE, in consideration of the mutual covenants in this Agreement, NCPA and the Receiving Party: 1) hereby terminate any Northern California Power Agency Agreement Regarding the Use and Non-disclosure of Information for NCPA Projects Agreement as it is superseded by this Agreement, and 2) agree to contractuallimitsandprotectionconcerningthe 251 1 disclosure and use of the Confidential Information and the use, nondisclosure or reproduction of Intellectual Property, as follows: 1. Purpose, Scope and Definition. The purpose of this Agreement is to permit the Receiving Party to review and use the Confidential Information to which it is entitled pursuant to an applicable NCPA Agreement for any lawful purpose, subject to the restrictions on disclosure to Third Parties and uses set forth herein. In addition, this Agreement provides a license to the Receiving Party to use NCPA Intellectual Property only for its own internal use through NCPA Delivery Media as specifically provided by NCPA, subject to restrictions on disclosure, ownership rights, and reproduction but does not grant Receiving Party any rights to use Intellectual Property once Receiving Party is no longer a member or customer of NCPA. 2. Definition of Confidential Information. Confidential Information consists of commercially sensitive information, which may include, but is not limited to Intellectual Property, price, quantity, location or timing of electric industry marketing decisions, provided by NCPA to the Receiving Party, whether through any Delivery Media or otherwise, pertaining to the Receiving operational or settlement activities. Except as otherwise provided in Paragraphs 4 and 5, Confidential Information includes but is not limited to: (a) of similar import provided by NCPA to the Receiving Party; (b) All observations of equipment or data, including computer screens, and oral disclosures import at the time of the observation or the disclosure; and (c) Notes, copies printouts or summaries of or regarding the Confidential Information prepared by the Receiving Party or its employees, agents, consultants, attorneys or participants. 3. Non-Disclosure. Subject to Paragraph 4 below, the Receiving Party shall keep the Confidential Information in strict confidence and shall not disclose such information or otherwise make it available, in any form or manner, to any other person or entity (a ) other than its employees, agents, consultants, attorneys, or participants who are reasonably necessary to assist the Receiving Party with decisions regarding its interest in a NCPA Agreement. Employees, agents, consultants, attorneys and participants shall be classified as follows: (a) Designated Reviewers are persons authorized by the Receiving Party Administrator to access the Delivery Media. The Receiving Party shall cause any such Designated Reviewer who is an employee of the Receiving Party to execute Exhibit A to the Information through the Delivery Media. The Receiving Party shall cause any such Designated Reviewer who is a consultant of the Receiving Party to execute Exhibit B to Confidential Information through the Delivery Media. (b) Designated Recipients are persons who are not authorized to access the Delivery Media, but who are authorized to view Confidential Information from the Delivery Media as part of their work in assisting the Receiving Party with decisions regarding its interest in the NCPA Agreement. The Receiving Party shall cause any such 252 2 Designated Recipient who is an employee of the Receiving Party to review this Agreement and shall take such measures as it deems prudent to ensure that the Designated Recipient understands his or her responsibilities with regard thereto. The Receiving Party shall cause any such Designated Recipient who is a consultant to execute Exhibit B to this Agreement prior to such consultant receiving or viewing Confidential Information. (c) Decision Makers are persons who are members of the governing body, including, but not limited to, city council, governing board, and utility commissions, of the Receiving Party, executives of the Receiving Party or attorneys for the Receiving Party who are not authorized to access the Delivery Media but who may review reports and recommendations summarizing aggregated data that may be based on Confidential Information, in the course of making or approving decisions related to the Receiving Agreement interests. The Receiving Party shall take such measures as it deems prudent to ensure that Decision Makers understand the their responsibilities with regard thereto. (d) A copy of each executed Exhibit A and/or B shall be provided to NCPA. It is the ongoing responsibility of the Receiving Party to ensure that: (i) each Exhibit A and Exhibit B is accurate; (ii) each Exhibit A and Exhibit B permits access only to a current Designated Reviewer or Designated Recipient of the Receiving Party; (iii) each Designated Recipient or Designated Reviewer receiving the Confidential Information understands the scope of permissible use; (iv) each new Exhibit A and Exhibit B, and any notice of cancellation of an Exhibit A or Exhibit B, is immediately submitted to NCPA; and (v) NCPA is immediately notified of any unauthorized access to Delivery Media or other breach of this Agreement. 4. Use of Confidential Information. (a) It is understood and agreed by the Receiving Party that both parties have obligations under federal and California law to safeguard the Confidential Information against use or disclosure for purposes inconsistent with federal or California antitrust laws or for purposes of market manipulation. (b) The Receiving Party may use the Confidential Information received hereunder for any lawful purpose, provided that it does not disclose the Confidential Information to Third Parties other than Designated Reviewers, Designated Recipients, or Decision Makers as provided in Paragraph 3, and receives similar commitments as provided in Paragraph 3. (c) Receiving Party shall take all prudent measures to ensure that Designated Reviewers, Designated Recipients and Decision Makers use the Confidential Information in compliance with this Agreement and with all laws and regulations, and safeguard its confidentiality. 5. Exceptions to Non-Disclosure. Notwithstanding Paragraph 2 above, a party to this Agreement shall not have breached any obligation under this Agreement if the Confidential Information is disclosed to a Third Party when the Confidential Information: 253 3 (a) was in the public domain at the time of such disclosure or is subsequently made available to the public consistent with the terms of this Agreement; or (b) had been received by the Receiving Party prior to the time of disclosure through other means without restriction on its use, or had been independently developed by the Receiving Party without use of Confidential Information, as demonstrated through documentation; or (c) is subsequently disclosed to the Receiving Party by a Third Party without restriction on use imposed by the Third Party and without breach of any law, agreement or legal duty to the Third Party; or (d) subject to the provisions of Paragraph 4, is used or disclosed pursuant to statutory duty or an order, subpoena or other lawful process issued by a court or other governmental authority of competent jurisdiction; or (e) in the event that the Receiving Party is a federal, state, or local governmental entity and/or is subject to public records law or regulation including but not limited to the federal Freedom of Information Act (FOIA), U.S. Code Title 5, Section 552, as amended, or the California Public Records Act, California Government Code Sections 6250, et seq. and the information is disclosed pursuant to public records laws. 6. Notice of Pending Third Party Disclosure. (a) In the event that a court or other governmental authority of competent jurisdiction issues an order, subpoena or other lawful process requiring the disclosure of the Confidential Information, the Receiving Party shall notify NCPA immediately upon receipt thereof to allow NCPA to be involved in such proceeding for the purpose of safeguarding the Confidential Information. (b) In the event that the Receiving Party is a federal, state, or local governmental entity and/or is subject to public records law or regulation, including but not limited to the federal Freedom of Information Act (FOIA), U.S. Code Title 5, Section 552, as amended, or the California Public Records Act, California Governmental Code Sections 6250, et seq., the Receiving Party shall: (i) notify NCPA immediately upon receipt of a request for public records that include all or part of the Confidential Information; and (ii) subject to sub-paragraph (c), treat the requested Confidential Information as exempt from disclosure. (c) The Receiving Party shall not be in violation of this Agreement if it complies with an order of a court or governmental authority, or a public records law or regulation, requiring disclosure of the Confidential Information, after: (i) NCPA has unsuccessfully sought to maintain the confidentiality of such information as provided herein; (ii) NCPA has notified the Receiving Party in writing within 10 days that it will take no action to maintain such confidentiality; or (iii) counsel for the Receiving Party has determined that disclosure is required under a public records law or regulation, the counsel for the Receiving Party has provided NCPA with three (3) business days written notice of such determination, and NCPA has not responded or sought an order restraining disclosure within such time period. 254 4 7. Intellectual Property. (a) Definition of Intellectual Property. Intellectual Property includes all NCPA trademarks, trade names, service marks, logos, copyrights, patents, trade secrets, software, processes, computer code and other intellectual property rights now or hereafter owned by NCPA or used by NCPA pursuant to a licensing agreement. (b) NCPA hereby grants to Receiving Party a nonexclusive, nontransferable and nonsublicensable license for its own internal use to use N conjunction with the services provided by NCPA as part of NCPA Agreements and in accordance with the guidelines provided by NCPA from time to time including but not limited to that Intellectual Property accessed through Delivery Media or other direct or indirect electronic means. Receiving Party agrees that NCPA shall retain ownership of Receiving Party shall inure to the benefit of NCPA. (c) Receiving Party shall not copy, reproduce, distribute, display, modify, or create derivative works based upon all or any portion of the Intellectual Property in any medium, electronic or otherwise, without the express written consent of NCPA. In addition, Receiving Party shall not provide Intellectual Property to Third Parties or services to Third Parties using Intellectual Property. (d) Upon termination of this Agreement or any of the NCPA Agreements, Receiving Party shall cease using the Intellectual Property and shall not thereafter adopt, use or reverse engineer any colorable imitation of any Intellectual Property. 8. Cyber Security. Receiving Party shall notify NCPA no less than 24-hours after k, computers, applications or electronic systems in any way that Receiving Party determines could provide unauthorized access or negatively impact the confidentiality, integrity, or availability of NCPA systems. 9. Term. This Agreement shall remain in effect unless and until NCPA provides ten (10) days prior written notice to the Receiving Party of its termination. Termination shall not extinguish any claim, liability or cause of action under this Agreement existing at the time of termination. In addition, Receiving Party acknowledges and agrees that NCPA may suspend and ultimately connection with any material breaches or material violation of this Agreement that have not been cured by Receiving Party within thirty (30) days of written notice of such breach or violation. 10. Provisions Surviving Termination. The provisions of Paragraphs 2, 3, 4, 5, 6, 7 and 8 shall survive the termination of this Agreement for a period of five (5) years. 11. Destruction of Documents. Nothing in this Agreement shall prevent the Receiving Party from otherwise lawful destruction of documents or files containing Confidential Information in the ordinary course of business, provided that the method of destruction safeguards the Confidential Information. 255 5 12. Notices. (a) Administrator(s) for Data Portal Access. Receiving Party shall designate one (1) person to act as Administrator on its behalf, and shall provide the name, street address, telephone number, facsimile number and email address of such Administrator to -paragraph (b) prior to Receiving Party being granted access to the Data Portal. Either party may change the identity of its Administrator or the address for notice to its Administrator by providing notice to the other. Delivery Media on participants, including but not limited to making requests for new user accounts, maintenance and administration of existing user accounts, and administration of digital security equests All communications, pursuant to this sub-paragraph, fr Administrator shall be in writing, via email, to the following address: dataportaladmin@ncpa.com. (b) Representatives and Addresses. All notices, requests, demands, and other communications required or permitted under this Agreement other than those between Administrators shall be in writing and shall be either: (i) delivered in person; (ii) sent by email; (iii) sent by U.S. certified mail, postage prepaid; or (iv) sent by overnight delivery; addressed as follows: Receiving Party: Entity Name: ____________________________ Name of Contact (person or position): ____________________________ Address: ____________________________ Telephone: ____________________________ Email: ____________________________ NCPA: Tony Zimmer Assistant General Manager; Power Management 651 Commerce Drive Roseville, CA 95678 Telephone: (916) 781-4229 Email: tony.zimmer@ncpa.com and 256 6 Jane E. Luckhardt NCPA General Counsel 651 Commerce Drive Roseville, California 95678 Telephone: (916) 781-4268 Email: jane.luckhardt@ncpa.com (c) Changed Representatives and Addresses. A party hereto may from time to time change its representative or address for the purpose of notices to that party by notice specifying a new representative or address. (d) Effective Date of Notices. All notices and other communications required or permitted under this Agreement that are addressed as provided in this Paragraph 12 shall be effective upon delivery. 13. Complete Agreement; No Other Rights. (a) This Agreement contains the complete and exclusive agreement of the parties with respect to the subject matter thereof, and supersedes all discussions, negotiations, representations, warranties, commitments, offers, contracts, and writings prior to the date of this Agreement, with respect to its subject matter. No change to this Agreement shall be effective unless agreed to in writing by the parties hereto. Any conflict between the language of this Agreement and any mark, stamp, annotation or other language identifying something received hereunder as Confidential Information shall be resolved in favor of this Agreement. (b) This Agreement is not intended to create any right in or obligation of any party or Third Party other than those expressly stated herein. 14. No Warranties or Representations. Any Confidential Information disclosed by NCPA under this Agreement carries no warranty or representation of any kind, either express or implied. Any Intellectual Property used by Receiving Party contains no warranty or representation of any kind, either express or implied, and no warranty regarding functionality, lack of software bugs or glitches, timely resolution of any problems or shortcomings and no guarantees that any Intellectual Property will be accessible at all times. The Receiving Party shall not be entitled to rely on the accuracy, completeness or quality of the Confidential Information or Intellectual Property, even for the purpose stated in Paragraph 1. 15. Injunctive Relief. The Receiving Party agrees that, in addition to whatever other remedies may be available to NCPA under applicable law, NCPA shall be entitled to obtain injunctive relief with respect to any actual or threatened violation of this Agreement by the Receiving Party, its Designated Recipients or any Third Party to whom Receiving Party disclosed Confidential Information or had access to Intellectual Property. The Receiving Party agrees that it shall bear all costs and expenses, including reasonable attorney fees that may be incurred by NCPA in enforcing the provisions of this paragraph, only if NCPA prevails in the litigation. 16. Governing Law. This Agreement is made in the State of California and shall be governed by and interpreted in accordance with its laws. 257 7 17. Assignment. This Agreement shall be binding upon the parties, their successors, and assigns. The Receiving Party shall not assign this Agreement without prior written consent. 18. Construction of Agreement. Ambiguities or uncertainties in the wording of this Agreement shall not be construed for or against any party, but shall be construed in the manner that most accurately reflects the partiintent as of the date they executed this Agreement. 19. Signature Authority. Each person signing below warrants that he or she has been duly authorized by the party for whom he or she signs to execute this Agreement on behalf of that party. 20. Counterparts. This Agreement may be executed in two or more counterparts, all of which shall be considered one and the same Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date set forth above. NORTHERN CALIFORNIA POWER AGENCY By: ____________________________ Name: Randy Howard Title: General Manager Date: RECEIVING PARTY: ____________________________ By: ____________________________ Name: Title: Date: 258 8 EXHIBIT A INDIVIDUAL AGREEMENT TO BE BOUND BY AMENDED AND RESTATED AGREEMENT REGARDING THE USE AND NON-DISCLOSURE OF CONFIDENTIAL INFORMATION AND LICENSE TO USE INTELLECTUAL PROPERTY The undersigned, (print or type name), employed as (title) by the Receiving Party, , hereby acknowledges that he or she in his/her official capacity has received a copy of the NORTHERN CALIFORNIA POWER AGENCY AMENDED AND RESTATED AGREEMENT REGARDING THE USE AND NON- DISCLOSURE OF CONFIDENTIAL INFORMATION AND LICENSE TO USE INTELLECTUAL PROPERTY in which the Receiving Party, , has an entitlement interest, dated between the Northern California Power Agency and the Receiving Party designated therein ("Agreement"). 1. The undersigned hereby acknowledges that the undersigned has read the Agreement and understands the importance of maintaining the confidentiality of Confidential Information (as defined in Paragraph 2 of the Agreement), the provisions of the Agreement relating to such confidentiality, and the limitations on the use of Confidential Information. 2. The undersigned hereby acknowledges that the undersigned has read the Agreement and understands the terms of the nonexclusive license to use Intellectual Property (defined in Paragraph 7(a) of the Agreement), and agrees to the limit the use of Intellectual property to uses allowed under NCPA Agreements and this Agreement including but not limited to limitations on term, disclosure and reproduction or reuse. In consideration thereof, the undersigned agrees to be bound by all of the provisions of the Agreement. Dated: Signed: ____________________________ By: ____________________________ Telephone: ____________________________ Email: ____________________________ 259 EXHIBIT B CONSULTANT STATEMENT S AMENDED AND RESTATED AGREEMENT REGARDING THE USE AND NON-DISCLOSURE OF CONFIDENTIAL INFORMATION AND LICENSE TO USE INTELLECTUAL PROPERTY Name of Consulting Entity: Type of business and state in which business organization is formed (e.g. a California corporation): Located at: (address of Consulting Entity): Has been engaged to provide technical support and analysis to the following entity: Consulting Entity hereby acknowledges that it has received a copy of the NORTHERN CALIFORNIA POWER AGENCY AMENDED AND RESTATED AGREEMENT REGARDING THE USE AND NON-DISCLOSURE OF CONFIDENTIAL INFORMATION AND LICENSE TO USE INTELLECTUAL PROPERTY in which the Receiving Party, , has an entitlement interest, dated ___ between the Northern California Power Agency and the Receiving Party designated therein ("Agreement"). Consulting Entity hereby acknowledges and agrees that in order to access Confidential Information (as defined in the Agreement), Consulting Entity must comply with the provisions of the Agreement, and it agrees to do so. Furthermore, Consulting Entity hereby acknowledges and agrees that in order to access Intellectual Property, Consulting Entity must abide by the limitations to the term, disclosure and reproduction or reuse of Intellectual Property, and agrees to restrict the use of Intellectual property to uses allowed under NCPA Agreements and this Agreement. Consulting Entity acknowledges and agrees that its review of Confidential Information and use of Intellectual Property is solely for the purpose of providing consultancy services to the Receiving Party and that its use of Confidential Information and Intellectual Property shall be limited to the same. To the extent that Consulting Entity provides technical support and analysis to parties who are not party to this Agreement, Consulting Entity agrees that disclosure of Confidential Information or Intellectual Property to such parties is prohibited by the terms and conditions of the Agreement. The undersigned agrees that he or she is authorized by the Consulting Entity to execute this Consultant Statement to the Agreement. Dated: Consulting Entity: ______________________________ By: Print Name: Telephone: Email: 25: Attachment 2 RESOLUTION 19-10 RESOLUTION OF THE NORTHERN CALIFORNIA POWER AGENCY AMENDED AND RESTATED AGREEMENT REGARDING THE USE AND NON- DISCLOSURE OF CONFIDENTIAL INFORMATION AND LICENSE TO USE INTELLECTUAL PROPERTY (reference Staff Report #113:19) WHEREAS, pursuant to Commission Resolution 13-42, adopted on March 21, 2013, Northern California Power Agency (NCPA) implemented the Agreement Regarding the Use and Non-Disclosure of Information for NCPA Projects (NDA) to establish a process and requirements used to protect certain commercially sensitive information (Confidential Information) that may be released by NCPA, and to ensure that parties who may receive such Confidential Information use and manage such information properly; and WHEREAS, the NDA was developed at a time when the primary software tool used by NCPA to distribute Confidential Information was the NCPA Data Portal, and as such, many of the provisions contained within the NDA specifically refer to use of the NCPA Data Portal for such purpose; and WHEREAS, NCPA has developed a number of additional software tools and applications through which NCPA may distribute Confidential Information (e.g., NCPA Connect), and NCPA staff now believe it is necessary to revise the NDA to generalize references contained in the NDA regarding the types of electronic media NCPA may use for such purpose; and WHEREAS, NCPA has developed a number of software tools and applications (Intellectual Property) that NCPA allows its Members and Customers to use to conduct their business activities; and ieve the NDA should also be revised to clarify that while NCPA may provide a nonexclusive license to its Members and Customers Property to anyone, including its Members and Customers; and WHEREAS, to address the items described herein, NCPA staff have developed an Amended and Restated Agreement Regarding the Use and Non-Disclosure of Confidential Information and License to Use Intellectual Property (Amended and Restated NDA) to replace the existing NDA; and WHEREAS, the Amended and Restated NDA includes language that is inclusive of all electronic media through which NCPA may distribute Confidential Information, and includes provisions to manage and protect WHEREAS, work associated with developing the Amended and Restated NDA was undertaken pursuant to approved NCPA budget categories, and costs associated with this effort are allocated in accordance with approved cost allocation methodologies as described in the NCPA annual budget; and WHEREAS, this activity would not result in a direct or reasonably foreseeable indirect change in the s of Section 21065 the California Environmental Quality Act. No environmental review is necessary; and 261 NOW, THEREFORE BE IT RESOLVED, that the Commission of the Northern California Power Agency adopts and approves the Amended and Restated Agreement Regarding the Use and Non-Disclosure of Confidential Information and License to Use Intellectual Property, including any non-substantive modifications and authorizes the General Manager of NCPA, acting on behalf of NCPA, to execute the Amended and Restated Agreement Regarding the Use and Non-Disclosure of Confidential Information and License to Use Intellectual Property upon execution by a Member or Customer. PASSED and ADOPTED by the City of Ukiah Council on March 20, 2019 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: _______________________________________ Maureen Mulheren, Mayor _____________________________________ Kristine Lawler, City Clerk Vote Abstained Absent Alameda San Francisco BART Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Port of Oakland Redding Roseville Santa Clara Shasta Lake Truckee Donner Ukiah Plumas-Sierra _______________________ _________________________ ROGER FRITH ATTEST: CARY A. PADGETT CHAIR ASSISTANT SECRETARY 262 NCPA Resolution 19-10 -2- 263 264 265 266 ATTACHMENT RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RENEWAL AND CONTINUING OF A PROCLAMATION OF A LOCAL EMERGENCY FOR THE CITY OF UKIAH WHEREAS: 1.On February 27, 2019, under the authority in Ukiah City Code Section 5125 (Ordinance No. 995, §1), the Director of Emergency Services proclaimed the existence of a local emergency as a result of conditions created by the severe winter storm affecting the City of Ukiah ; and 2.On March 6, 2019, City Council adopted Resolution 2019-8 proclaimed and ordered that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. 3.While heavy rainfall has temporarily stopped, soils are saturated, heavy run-off continues, tment Plant continue to be at risk, all of which threaten to continue or create local emergency conditions; and 4.The City Council will review this declaration at its next regular meeting, occurring not more than 14 days from the date this resolution is adopted; NOW, THEREFORE, BE IT RESOLVED that the local emergency continues to exist and shall be deemed to continue until it is further reviewed by the City Council at its regular meeting on April 3, 2019. BE IT FURTHER RESOLVED that the City Council hereby proclaims and orders that during the existence of a local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by (1) state law, (2) City ordinances and resolutions adopted by the City Council and (3) the City Operational Area Emergency Plan, as approved by the City Council. BE IT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of Emergency Services Director, Mark Ghilarducci for concurrence of a local emergency. PASSED AND ADOPTED this 20th day of March 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: 267 _____________________ Maureen Mulheren, Mayor ATTEST: ______________________________ Kristine Lawler, City Clerk 268 269 26: 271 272 273 274 275 276 277 278 279 27: 281 282 PAGE 1 OF 3 REQUEST FOR BID 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 P: (707) 467-5719 DATE: 2/14/19 Bids may be emailed, faxed, or hand delivered, to the contact information listed REQ. NO. E37455 herein, and by the specified deadline, or the bid will be rejected. BIDS WILL BE RECEIVED UNTIL Submitted by:1:30 p.m., February 26th, 2019 (Company Name AT THE OFFICE OF THE BUYER & Address)300 SEMINARY AVE. CITY of UKIAH BY:Seth Strader Email: sstrader@cityofukiah.com BIDS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALL BIDS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE New 2019 Dodge Durango SXT RWD per City of Ukiah Vehicle Specification E37455 or 1 ea equal Tax (8.875 %): Shipping: TOTAL: Payment Terms:N30 SIGNATURE:DATE:LEAD TIME ARO : PRINT NAME:PHONE:EMAIL: UFSNT; 1.LOCAL PREFERENCE: Local Vendors shall be given an allowance of five percent (5%), up to a maximum allowance of $2,500, on any bid for supplies, equipment and/or materials per Ukiah City Code Section 1522.D.4. A Local Vendor is defined as one which, 1) conducts business in an office or other business premises with a physical location in Mendocino County, 2) holds a valid business license issued by Mendocino County or one of the cities in Mendocino County for that business location, and 3) has conducted business in compliance with 1) and 2) for not less than six (6) months prior to requesting the preference. The City shall receive satisfactory proof that a business qualifies as a local vendor before it may receive the local preference. In the event that there is a tie bid, where one bidder is local, the other is not, and the bid is equal in price and quality, the award shall go to the Local Vendor. 2.Right is reserved to reject any and all bids. 3.Right is reserved to accept separate items unless specifically denied by bidder. 4.Right is reserved to reject a bid from any bidder who has previously failed to perform adequately for the City of Ukiah. 5.In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased 283 costs. 6.The price, terms, delivery point, and delivery date may individually or collectively be the basis of the awarding of the bid. 7.In submitting the bid, bidder agrees that the bid shall remain open and may not be revoked or withdrawn for 60 days from the bid due date, unless a different time period is specified in RFB. 8.Bidder agrees to perform according to its bid, if the City's acceptance is communicated to the bidder within the time specified in number 7 above. CITY OF UKIAH EQUIPMENT SPECIFICATION E37455 NEW 2019 DODGE DURANGO SXT RWD OR EQUIVALENT The City of Ukiah invites bids for furnishing one (1) new 2019 Dodge Durango SXT RWD or equivalent. The following specifications shall be considered minimum; however, bidders who feel they can supply a comparable vehicle that does not fully meet the detailed specifications are encouraged to submit bids. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. Bidder shall, as indicated on the Request for Bid form, state the total price for the new vehicle as specified (including any options and accessories), sales tax, destination charges and any other applicable fees or charges, FOB the City of Ukiah Corporation Yard, 1320 Airport Road, Ukiah, CA 95482. Only proposals from licensed dealers (new) will be considered. The City reserves the right to select and purchase a vehicle directly from the State of California Department of General Services. Please contact Seth Strader at (707) 467-5719 or sstrader@cityofukiah.com if you have any questions regarding these specifications. GENERAL INSTRUCTIONS TO BIDDERS Each bidder shall attach to his bid a complete detailed description of the unit he proposes to furnish. All equipment catalogued as standard shall be furnished and included in the purchase price of the unit. The total price shall include all equipment, accessories and optional items. In making its selection, the City will consider all factors relating to the vehicle including operating performance, operator comfort, safety, service and parts availability as well as cost. The vehicle furnished under these specifications is to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. The City reserves the right to reject any or all bids and to determine which bid, in its opinion, will best serve the needs and requirements of the City. The successful bidder shall supply the vehicle fully equipped and ready for service at the time of delivery. Dealer shall process registration and title transfer for exempt license plates to the Department of Motor Vehicles on behalf of the City of Ukiah. 284 NEW 2019 DODGE DURANGO SXT RWD OR EQUIVALENT General Specifications ENGINE 3.6L V6 TRANSMISSION 8-Spd Automatic PAINT White SEATS/UPHOLSTRY- Black RADIO - AM/FM Stereo, Bluetooth phone connection Dual Climate Control Integrated Back-up camera Day Running Lights 50 State Emission Power Equipment Group Cruise Control All- MANUALS- ALL Service Manuals 285 286 ---- 2,990.88 TOTAL 33,700.0033,700.0036,690.88 $ $ $ $ $ $ $ $ Platinum Chevrolet UNIT 33,700.00 $ ---- 38.75 2,620.70 1,609.42 TOTAL 29,529.0029,529.0032,188.4530,579.03 $ $ $ $ $ $ $ $ $ $ $ Redwood Ford UNIT 29,529.00 $ ---- 38.75 2,322.19 1,426.32 TOTAL 26,165.5026,165.5028,526.4427,100.12 $ $ $ $ $ $ $ $ $ $ $ Thurston UNIT 26,165.50 NEW TOTAL $ Bid Tabulation ---- 358.75 2,252.92 TOTAL 25,385.0025,385.0027,996.67 $ $ $ $ $ $ $ $ $ LESS 5% FOR LOCAL PREFERENCE: Request for Bid - E37455 - Building Inspector Vehicle UNIT Elk Grove Autogroup 25,385.00 $ 11 QTY TAX SUBTOTAL GRAND TOTAL #E37455#E37455 Doc, Shipping) ITEM DESCRIPTION per City of Ukiah spec RWD per City of Ukiah spec Additional Fees (Tires, Filing, New 2020 Ford Explorer RWD New 2019 Dodge Durango SXT 12 ITEM # 287 288 ЋЉЊВ WğƓǒğƩǤ and to OPR at This enters your and HCD will send you the login APR@hcd.ca.gov Please note: Using the online system only APR@hcd.ca.gov Submittal Instructions . Please send the Excel workbook, not a scanned or PDF If you prefer to submit via email, you can complete the excel Annual Online Annual Progress Reporting System (Preferred) - Email - Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400.There are two options for submitting APRs: 1.information directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email information for your jurisdiction. provides the information to HCD. The APR must still be submitted to OPR. Their email address is opr.apr@opr.ca.gov.2.Progress Report forms and submit to HCD at opr.apr@opr.ca.govcopy of the tables. v 3_6_19 Please Start Here 2018 Craig Ukiah Ukiah 95482 Schlatter (707) 463-6219 300 Seminary Ave. cschlatter@cityofukiah.com Director of Community Development Mailing Address Contact Information General Information Jurisidiction NameReporting Calendar YearFirst NameLast NameTitleEmailPhoneStreet AddressCityZipcode Annual Progress Report 289 28: 291 292 293 Level Total Remaining RHNA by Income 34 68103532 145 Total Units to Date (all years) 2 35 Table B Permitted Units Issued by Affordability Regional Housing Needs Allocation Progress 313710467488 201420152016201720182019 1 77 11205741645 by Income Level RHNA Allocation Deed RestrictedNon-Deed RestrictedDeed RestrictedNon-Deed RestrictedDeed RestrictedNon-Deed Restricted Income Level 294 Very LowLowModerateAbove ModerateTotal RHNATotal UnitsNote: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulas Uses Description of Existing Vacant/Nonvacant Realistic Capacity Maximum Density Allowed 8 Sites Description Minimum Density Allowed Zoning Designation General Plan (Acres) 456791011 Type of ShortfallType of ShortfallParcel Size - Table C Income bove Moderate A 3 Sites Identified or Rezoned to Accommodate Shortfall Housing Need Low-IncomeModerate Income Affordability by Household Income Income Very-Low 2 Date of RezoneDate of Rezone + Local Jurisdiction Tracking ID + Project Name 1 Project Identifier APNStreet Address Summary Row: Start Data Entry Below 295 Table D Program Implementation Status pursuant to GC Section 65583 Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. 1234 Name of ProgramObjectiveTimeframe in H.EStatus of Program Implementation H-1.a- Develop and Promote rehabilitation.Ongoing, as funding is The City had started a residential rehabilitation program with CDBG PI funds, but due implement a residential availableto the City having an open economic development grant and current CDBG PI rehabilitation program with expenditure requirements, all the PI has been spent on open grant activities. The City an emphasis on improving may pursue funding for a rehabilitation program in 2020. safety, comfort and energy efficiency. H-1.b Work with the City Energy efficiency improvements.OngoingFunds are available through the Public Utility Department to subsidize a portion of Public Utility Department to electricity costs for low-income families. The Electric Utility may also have some potentially expand the City's funding for energy efficiency education. Additionally, the City has developed a rebate Energy Efficiency Public program for those affordable housing developers that achieve energy efficiency Benefits Fund.savings above Title 24 standards. H-1.c Provide informational Educate public on sustainability and green CompletedGreen Building Resource Center created in the Ukiah Civic Center. In 2016, the City materials to the public building.conducted a workshop to educate local contractors about pertinent Code updates, regarding sustainable and including the Green Building Code. green building materials. Completed and ongoing H-1.d Consider measures that would preserve/conserve existing mobile home parks, such as a mobile home rehabilitation A rent stabilization ordinance was adopted by the City Council in 2011. The City Preservation of mobile home parks program, conversion to continues to enforce rent stabilization. ownership program, infrastructure improvement incentives, rent stabilization, etc. H-1.e Develop an At-Risk Maintain existing affordable housing stock.Ongoing In response to the demand for more housing, the City created a local Housing Trust Units Program. Fund in 2017- the Ukiah Housing Trust Fund (UHTF). The UHTF released its first NOFA in 2018 but prioritized the production of housing units. Staff is analyzing if future UHTF funding may be utilized to establish an at-risk units program. H-1.f Work closely with the Encourage safe housing.Completed and ongoingThe Ukiah Police Department reviews all housing project applications as a part of the Ukiah Police Department Department's referral process and regularly makes comments. Comments often are and local apartment derived from the UPD's Crime Prevention Through Environmental Design strategy. complex managers to keep housing safe. Consider funding mechanisms for increasing public safety. H-1.g Refer all proposed Improve project referral process.OngoingNo general plan amendments have been received. General Plan amendments to the appropriate military offices for review and comment. Revise the planning permit application form to include this step of referral. H-2.a Provide copies of the Educate the public.CompletedThis was completed in 2014 in conjunction with the 2014-2019 Housing Element inventory of vacant and update. An inventory of vacant and underdeveloped land is available on the City's underdeveloped land for website with paper copies available at the Community Development Department public public distribution.counter. H-2.b Work with public Provide education on benefits of locating Completed and ongoingThe City's General Plan encourages infill residential growth, and this typically occurs transit providers and housing near public transit facilities.within a half mile of public transit. Recent projects approved by Planning Commission developers to encourage were less than a half mile from transit routes. housing development located close to public transit facilities. H-2.c Provide reduced Encourage the development of CompletedThe City Council adopted an accessory dwelling unit (ADU) ordinance in 2017, making planning permit application condominium and cooperative living development of ADUs a ministerial or by-right process in residential zoning districts, fees for residential second projects.subject only to the securing of a building permit. Consequently, there are no planning dwelling units.permit application fees for ADUs. H-2.d Review the zoning Encourage the development of OngoingCommunity Development staff performed reviews in 2017 and 2018. One of the primary code and determine if any condominium and cooperative living constraints for new housing development, especially multi-unit housing such as in constraints to condominium projects.condominium developments and cooperative living projects, is that the City is mostly developments and built-out with few remaining acres for larger scale housing projects. In 2019, especially cooperative living projects through the process of updating of the City's Housing Element, Staff intends to explore exist, and if so, work to this issue more fully. Potential ideas include reducing setbacks and off-street parking eliminate the constraints.requirements and/or making certain housing types by-right, as exists with 1-4 unit projects in the Downtown Zoning Code. H-2.e As staff and resources Address and identify solutions to potential Completed (no longer The Buddy Eller Homeless Shelter closed in 2014. In 2017, the City approved a Major permit, assist the Staff of the incompatibility issues.applicable as originally Use Permit for a permanent homeless facility and temporary winter shelter, and in 2018 Buddy Eller Homeless written)the winter shelter opened. No complaints were received in 2018 for this new winter Shelter facility to resolve shelter. Additionally, to resolve any neighborhood compatibility issues with future any neighborhood homeless facilities, Community Development staff is currently working on an update to compatibility issues that the Homeless Facilities definition in the zoning code. This is expected to be developed, arise.with recommendations presented to Planning Commission and the City Council, in 2019. H-2.f The zoning code shall Support an adequte number or type of CompletedThe City adopted a Homeless Shelter Overlay Zone in 2015. As stated in H-2.e above, be amended to allow homeless facilities to support the homeless the City approved a permanent homeless facility and temporary winter shelter in 2017. homeless facilities withoutpopulation.In 2018, the City also approved a second facility with services primarily serving the the requirement for a Use homeless. Neither the homeless facility/winter shelter approved in 2017 or the Permit in the Homeless homeless services facility approved in 2018 were located within the Overlay Zone. Shelter Overlay Zone. The zoning code shall require a Site Development Permit and facility management plan, and reasonable site development standards for homeless facilities. H-2.g Do not permit the Retain the rental housing stock.OngoingThere have been no rental unit-to-condominium conversions proposed in the last six conversion of rental units to years. condominium units unless the City's amount of rental units is sufficiently adequate. H-2.h Do not permit the Retain total housing stock.CompletedNo conversions of single family homes to professional offices were approved in 2014- conversion of single family 2018. Additionally, two offices were approved to be converted into two residential units residential homes to in 2014-15. professional offices unless the City's amount of residential units is sufficiently adequate. 296 H-2.i Adopt an Inclusionary Increase the supply of affordable housing.De-prioritized due to RHNA At the start of the 2014-2019 Housing Element planning cycle, there had been very few Housing Ordinance by 2013 housing production numbers housing starts overall in the City of Ukiah for the past several years. This was that requires below-market and housing market especially the case for market-rate housing, which in Ukiah tends to be units with rents rate housing to be included considerationsaffordable to households in the "moderate" or "above moderate" income group. Studies as part of residential have shown that when a lack of developer demand exists for housing development, projects.adopting ordinances such as an inclusionary housing ordinance can have the unintended consequence of further restricting housing development. Noting this trend, the City instead has sought ways to incentivize the development of housing for all economic segments of the community. Through a proactive approach with local and regionally-based housing developers, staff in both the City Manager's Office and Community Development Department met with and engaged developers in pursuing housing development projects. In 2017, the City's Community Development Department shifted to a priority of the delivery of exceptional customer service, streamlining the building and planning permit process and improving responsiveness on building inspections. Also in 2017, the City Council adopted a two-part housing strategy to address the need for housing in the community, creating the City's first Housing Trust Fund. A NOFA was released in 2018, and the initial funding allocation of $500,000 was over-subscribed with three applications submitted for the maximum funding amount. As depicted in housing production numbers reported in Table B, this approach appears to be working. 37 housing units affordable to households in the "very low-income" category were permitted in 2018, the most affordable units permitted in any single year within the past 10 years. If all three housing applications submitted in response to the 2018 NOFA eventually are constructed, approximately 150 new affordable housing units would be created. H-2.j Adopt minimum Increase the supply of affordable housing.De-prioritized due to RHNA Status is the same as in H-2.i above. standards for inclusionary housing production numbers housing units.and housing market considerations H-2.k Prepare a Nexus Generate local source of affordable CompletedThe study was not completed but affordable housing funds were generated Study by 2014 to determine housing funds.through the re-use of former RDA affordable housing successor funds to if a nexus can be create the Ukiah Housing Trust Fund. Through funding for housing trust funds established requiring the in new state bills, additional funds may be raised in the future. developers of large residential and commercial projects to construct needed affordable housing units on site or in annother appropriately zoned location near the place of employment/pay impact fee H-2.l Identify and meet with Develop partnerships with affordable CompletedAs noted elsewhere in this Program Implementation Status report, the City has been nonprofit builders who housing developers.proactive in identifying and meeting with nonprofit developers specializing in building specialize in building housing for extremely low-income households. housing for extremely low- income households. H-2.m Work in conjunction Increase the supply of affordable housing.OngoingThe City continues to engage with housing stakeholders towards addressing the needs with other agencies to jointlyof extremely low income households in the City. develop and implement a program that is designed to address the needs of the extremely low income households in the City. H-2.n Amend the zoning Streamline transitional housing projects.CompletedIn 2015, the City adopted a Homeless Shelter overlay zone through Ordinance 1161. ordinance to be consistent with Senate Bill 2. H-2.o Post sites inventory Provide education.CompletedThese lists were completed in 2014 and are posted on the City's website. map and housing development in commercial zones on website and provide hard copies at the counter. H-2.p Conduct a roundtable Provide opportunities for the creation of CompletedThe City did not host a roundtable meeting, but City staff did meet with multiple housing meeting with nonprofit more affordable housing.stakeholders, both for-profit and non-profit, to solicit input towards the development of housing sponsors and its 2017 Housing Strategy. Additionally, as stated elsewhere in this report, the City has developers.been proactive in engaging with housing sponsors and developers in discussions regarding creation of additional housing units. H-2.q Update inventory of Provide education to the public andCompleted and ongoingThe inventory was updated in 2012, 2013, and 2016-17. Another update is expected to vacant and underutilized potential developers.be completed in 2019. parcels. H-2.r Facilitate the Provide opportunities for the creation of OngoingAs part of its 2017 Housing Strategy, City staff is analyzing zoning districts and consolidation of smaller more affordable housing.opportunities for consolidation of smaller multi-family parcels. This work is expected to multi-family parcels.conclude during the 2019-2027 Housing Element update process. H-3.a Special Needs Rental Support funding applications for special OngoingA project with 37 units of special needs rental housing was issued a building permit in Housing: Support needs housing projects.2018 (noted in Table A2). The City's Building Division has been responsive in applications to State and providing additional inspections when needed. federal agencies such as HCD, State Treasurer's Office, HUD and USDA for affordable rental housing financing to provide shelter for very low-income families and special needs households. H-3.b Increase housing Increase housing opportunities for persons CompletedThe Building Division is included in development review and provides comments on opportunities for persons with disabilities.ensuring housing developments are designed to include physical accessibility features. with disabilities consistent with the fair housing and disability laws, and encourage physical access to and within residential units and areas during the development review process. H-3.c Review zoning code Eliminate regulatory constraints to special CompletedPreliminary work completed in 2011. No constraints have been identified. A project with to remove regulatory needs housing.37 units of special needs rental housing was issued a building permit in 2018 (noted in constraints to special needs Table A2). housing projects. H-3.d Continue to assist Increase supply of farmworker housing.OngoingCity Housing and Planning Services Staff continued to actively participate in the farmworker housing Mendocino County Housing Action Team in 2018. Staff also continued to collaborate stakeholders through with farmworker housing stakeholders towards potential housing solutions. technical assistance. H-3.e Amend the zoning Remove constraints to SRO housing.OngoingZoning code has not yet been amended. This program will be analyzed for possible code to define and allow inclusion in the 2019-2027 Housing Element Update. Single Room Occupancy (SRO) developments in the Medium Density (R-2) and High Density (R-3) zoning districts. 297 H-4.a Refer housing Promote fair housing practices.OngoingNo complaints were received in 2018. discrimination complaints to appropriate State and local agencies. H-4.b Develop and make Promote fair housing practices.CompletedFair housing literature is available at the City's public counter and on the City's available housing website. discrimination public information. H-5.a Apply the CEQA infill Provide education to the community.Completed and ongoingThe City utilized the CEQA infill exemption for a 35-unit moderate-income housing exemption and perform development and a 31-unit low-income senior housing project. expedited review for affordable housing projects. H-5.b Prepare and present a Provide education.CompletedCompleted in 2012 with adoption of Downtown Zoning Code. downtown core small lot subdivision ordinance. H-5.c Prepare and present Provide opportunities for education and Completed and ongoingDensity bonus utilized for 31-unit housing project in 2018. Additionally, the housing green building/sustainable sustainable development.project was designed to be "solar-ready" and contained many sustainable/energy development incentive tool.efficient design features. H-5.d Analyze zoning and Provide education and encourage green Completed and ongoingThe City completed further revisions to its handouts at the public counter in 2018. building codes for removing building. impediments to green building. H-5.e Continue to Provide opportunities for energy efficient Completed and ongoingThis program has been oversubscribed in the past due to demand. This program is administer solar and energy housing development and education.currently in operation and available as funds are accessible. Additionally, the City has efficiency rebate programs.developed a rebate program for those affordable housing developers that achieve energy efficiency savings above Title 24 standards. H-5.f Assist developers in Provide education and opportunities to Completed and ongoingGreen Building Information Center completed in Ukiah Civic Center. incorporating green building increase green building practices. practices. H-5.g Promote energy and Provide education and opportunities to Completed and ongoingGreen Building Information Center completed in Ukiah Civic Center. Additionally, the water conservation increase green building practices.City's Electric Utility Department provides information on education on these types of education programs that practices and programs. address steps to energy and water efficiency, benefits of weatherization and weatherization assistance programs, and information of onsite renewable energy generation technologies. H-5.h Stormwater Provide education about stormwater Completed and ongoingThe City adopted Low Impact Development (LID) standards to filter and slow storm management for multi-family management for affordable housing water runoff. In 2018, the City explored possible LID mitigation strategies for affordable housing development.developers.housing development and plans to work with Public Works staff to co-host an LID workshop for the public in 2019. H-5.i Promote use of Develop housing that incorporates Completed and ongoingThe City has adopted the Cal-Green Building Code (Tier 1), which requires buildings to renewable energy renewable energy and energy efficient attain a higher level of efficiency. technologies in residential design; and provide education to the and mixed-use projects.public. H-5.j Assist in creating Provide education to the community.OngoingThe City continued its meetings with housing developers in 2018 to discuss a variety of residential neighborhoods mixed housing densities, types, and affordability. with mixed housing densities, types and affordability. H-5.k Adopt form-based Provide education to the community.CompletedForm-based zoning adopted for the downtown in 2012. zoning. H-5.l Develop Housing Provide education to the community.CompletedCompleted in 2017, with a major revamping of the Community Development Resources webpage.Department website including a new webpage for the Department's new Housing Division. Additional updates were made in 2018 to announce updates in relation to the City's new Housing Trust Fund and the City's CDBG and HOME programs. H-5.m Conduct periodic Provide education to the community.Completed and ongoingThere was an increase in communication and coordination with housing stakeholders meetings with housing in 2018, primarily due to the release of the City's first Housing Trust Fund NOFA and stakeholders.implementation of the City Council's 2017 housing strategy. Community Development Department staff also participated in panel discussions on accessory dwelling units and housing affordability and regularly attended meetings of the countywide Housing Action Team. 298 ЋЉЊВ WğƓǒğƩǤ Date ApprovedDate Approved Commercial Development Bonus Commercial Development Bonus 34 Development BonusDevelopment Bonus Description of Commercial Description of Commercial Income Above Moderate Income Moderate 2 Table E Low Income Units Constructed as Part of Agreement Income Very Low + Commercial Development Bonus Approved pursuant to GC Section 65915.7 Tracking ID Local Jurisdiction + Project Name 1 Project Identifier APNStreet Address 299 Summary Row: Start Data Entry Below Annual Progress Report ЋЉЊВ WğƓǒğƩǤ + Code Section 65583.1 unit complies with subsection (c)(7) of Government The description should adequately document how each + TOTAL UNITS Note: + Optional fieldCells in grey contain auto-calculation formulas ++ Low-Income + Income to populate these fields. Very Low- Units that Count Towards RHNA + isdiction has included a program in its housing element to rehabilitate, preserve or acquire units to accommodate a portion of Income substantially rehabilitated, acquired or preserved. To enter units in this table as progress toward RHNA, please contact HCD at Note - Because the statutory requirements severly limit what can be Extremely Low- Table F counted, please contact HCD to receive the password that will enable you + (CCR Title 25 §6202) TOTAL UNITS + Housing Element Implementation + ANNUAL ELEMENT PROGRESS REPORT Low-Income its RHNA which meet the specific criteria as outlined in Government Code section 65583.1(c)(2). + Listed for Informational Purposes Only Very Low-Income Units that Do Not Count Towards RHNA + Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)(2) 2018(Jan. 1 - Dec. 31) Ukiah Income Extremely Low- Activity Type 29: This table is optional. Jurisdictions may list (for informational purposes only) units that do not count toward RHNA, but were APR@hcd.ca.gov. HCD will provide a password to unlock the grey fields. Units may only be credited to the table below when a jur JurisdictionReporting PeriodRehabilitation ActivityPreservation of Units At-RiskAcquisition of UnitsTotal Units by Income Annual Progress Report JurisdictionUkiah Reporting Year2018(Jan. 1 - Dec. 31) Entitled Units Summary Income Level Current Year Deed Restricted 0 0 Non-Deed Restricted Very Low Deed Restricted30 0 Non-Deed Restricted Low Deed Restricted0 35 Non-Deed Restricted Moderate 1 Above Moderate Total Units 66 Note: units serving extremely low-income households are included in the very low-income permitted units totals Submitted Applications Summary 17 Total Housing Applications Submitted: 82 Number of Proposed Units in All Applications Received: 82 Total Housing Units Approved: Total Housing Units Disapproved: 0 Use of SB 35 Streamlining Provisions Number of Applications for Streamlining 0 Number of Streamlining Applications Approved 0 Total Developments Approved with Streamlining 0 Total Units Constructed with Streamlining 0 Units Constructed - SB 35 Streamlining Permits Income RentalOwnershipTotal Very Low000 Low000 Moderate 000 Above Moderate000 Total 000 Cells in grey contain auto-calculation formulas 2:1 Number of Persons in Household Income County Category12345678 \[ğƭƷ ƦğŭĻ źƓƭƷƩǒĭƷƭ ŷƚǞ Ʒƚ ǒƭĻ źƓĭƚƒĻ ƌźƒźƷƭ Ʒƚ ķĻƷĻƩƒźƓĻ ğƦƦƌźĭğƓƷ ĻƌźŭźĬźƌźƷǤ ğƓķ ĭğƌĭǒƌğƷĻ ğŅŅƚƩķğĬƌĻ ŷƚǒƭźƓŭ ĭƚƭƷ ğƓķ ƩĻƓƷ Lake County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЋЏЉЉЊЏЍЏЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌАЊЍЉЌВЎЎЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЊЉЉЉЋЍЉЉЉЋАЉЉЉЋВВЎЉЌЋЌЎЉЌЍАЎЉЌАЊЎЉЌВЎЎЉ Area Median Income:Low Income ЌЌЎЎЉЌБЌЎЉЍЌЊЎЉЍАВЉЉЎЊАЎЉЎЎЏЉЉЎВЍЉЉЏЌЋЎЉ $59,900Median Income ЍЊВЎЉЍАВЉЉЎЌВЉЉ 59900 ЏЍАЉЉЏВЎЉЉАЍЌЉЉАВЉЎЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎЉЌЎЉЎАЎЉЉЏЍАЉЉАЊВЉЉААЏЎЉБЌЍЉЉБВЊЎЉВЍВЉЉ Lassen County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЍЏЉЉЊЏЏЎЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌБЉЏЉЍЋЌБЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЍЌЉЉЋАБЉЉЌЊЋЎЉЌЍАЉЉЌАЎЉЉЍЉЌЉЉЍЌЉЎЉЍЎБЎЉ Area Median Income:Low Income ЌББЎЉЍЍЍЉЉЍВВЎЉЎЎЎЉЉЎВВЎЉЏЍЍЉЉЏББЎЉАЌЌЉЉ $69,400Median Income ЍБЏЉЉЎЎЎЉЉЏЋЍЎЉ 69400 АЍВЎЉБЉЎЉЉБЏЉЎЉВЊЏЉЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎБЌЉЉЏЏЏЎЉАЍВЎЉБЌЌЉЉБВВЎЉВЏЏЎЉЊЉЌЌЉЉЊЉВВЎЉ Los Angeles County 9ǣƷƩĻƒĻƌǤ \[ƚǞЋЉЌЎЉЋЌЋЎЉЋЏЊЎЉЋВЉЎЉЌЊЍЉЉЌЌАЍЉЌБЉЏЉЍЋЌБЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЌЌВЎЉЌББЉЉЍЌЏЎЉЍБЍЎЉЎЋЌЎЉЎЏЋЎЉЏЉЊЉЉЏЍЉЉЉ Area Median Income:Low Income ЎЍЋЎЉЏЋЉЉЉЏВАЎЉААЎЉЉБЌАЉЉБВВЉЉВЏЊЉЉЊЉЋЌЉЉ $69,300Median Income ЍБЎЉЉЎЎЍЎЉЏЋЌЎЉ 69300 АЍБЎЉБЉЍЉЉБЎВЎЉВЊЎЉЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎБЋЉЉЏЏЎЉЉАЍБЎЉБЌЊЎЉБВБЉЉВЏЍЎЉЊЉЌЊЉЉЊЉВАЎЉ Madera County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЋЏЉЉЊЏЍЏЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌАЊЍЉЌВЎЎЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЊЉЉЉЋЍЉЉЉЋАЉЉЉЋВВЎЉЌЋЌЎЉЌЍАЎЉЌАЊЎЉЌВЎЎЉ Area Median Income:Low Income ЌЌЎЎЉЌБЌЎЉЍЌЊЎЉЍАВЉЉЎЊАЎЉЎЎЏЉЉЎВЍЉЉЏЌЋЎЉ $59,900Median Income ЍЊВЎЉЍАВЉЉЎЌВЉЉ 59900 ЏЍАЉЉЏВЎЉЉАЍЌЉЉАВЉЎЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎЉЌЎЉЎАЎЉЉЏЍАЉЉАЊВЉЉААЏЎЉБЌЍЉЉБВЊЎЉВЍВЉЉ Marin County 9ǣƷƩĻƒĻƌǤ \[ƚǞЌЉБЉЉЌЎЋЉЉЌВЏЉЉЍЍЉЉЉЍАЎЎЉЎЊЉЎЉЎЍЏЉЉЎБЊЉЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЎЊЌЎЉЎБЏЎЉЏЏЉЉЉАЌЌЉЉАВЋЉЉБЎЉЎЉВЉВЉЉВЏБЉЉ Area Median Income:Low Income БЋЋЉЉВЌВЎЉЊЉЎАЉЉЊЊАЍЉЉЊЋЏБЉЉЊЌЏЋЉЉЊЍЎЏЉЉЊЎЎЉЉЉ $118,400Median Income БЋВЉЉВЍАЉЉЊЉЏЎЎЉ 118400 ЊЋАБЎЉЊЌАЌЎЉЊЍЏБЉЉЊЎЏЌЉЉ aƚķĻƩğƷĻ LƓĭƚƒĻВВЍЎЉЊЊЌАЉЉЊЋАВЉЉЊЍЋЊЉЉЊЎЌЍЎЉЊЏЍБЎЉЊАЏЋЉЉЊБАЎЎЉ Mariposa County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЌБЉЉЊЏЍЏЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌБЉЏЉЍЋЌБЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЋВЎЉЋЏЋЉЉЋВЎЉЉЌЋАЎЉЌЎЍЉЉЌБЉЉЉЍЉЏЎЉЍЌЋЎЉ Area Median Income:Low Income ЌЏАЉЉЍЊВЎЉЍАЋЉЉЎЋЍЉЉЎЏЏЉЉЏЉБЉЉЏЎЉЉЉЏВЋЉЉ $65,500Median Income ЍЎБЎЉЎЋЍЉЉЎБВЎЉ 65500 АЉАЎЉАЏЉЉЉБЊЋЉЉБЏЍЎЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎЎЉЉЉЏЋВЉЉАЉАЎЉАБЏЉЉБЍВЉЉВЊЋЉЉВАЍЎЉЊЉЌАЎЉ Mendocino County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЋБЉЉЊЏЍЏЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌАЏЉЉЍЉЋЉЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЊЌЎЉЋЍЍЉЉЋАЍЎЉЌЉЍЎЉЌЋВЉЉЌЎЌЎЉЌАБЉЉЍЉЋЉЉ Area Median Income:Low Income ЌЍЊЉЉЌВЉЉЉЍЌБЎЉЍБАЉЉЎЋЏЉЉЎЏЎЉЉЏЉЍЉЉЏЍЌЉЉ $60,600Median Income ЍЋЍЉЉЍБЎЉЉЎЍЎЎЉ 60600 ЏЎЍЎЉАЉЌЉЉАЎЊЎЉБЉЉЉЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎЉВЉЉЎБЊЎЉЏЎЍЎЉАЋАЉЉАБЎЉЉБЍЌЎЉВЉЊЎЉВЎВЎЉ Merced County 9ǣƷƩĻƒĻƌǤ \[ƚǞЊЋЏЉЉЊЏЍЏЉЋЉАБЉЋЎЊЉЉЋВЍЋЉЌЌАЍЉЌАЊЍЉЌВЎЎЉ 4-PersonĻƩǤ \[ƚǞ LƓĭƚƒĻЋЊЉЉЉЋЍЉЉЉЋАЉЉЉЋВВЎЉЌЋЌЎЉЌЍАЎЉЌАЊЎЉЌВЎЎЉ 2:2 Area Median Income:Low Income ЌЌЎЎЉЌБЌЎЉЍЌЊЎЉЍАВЉЉЎЊАЎЉЎЎЏЉЉЎВЍЉЉЏЌЋЎЉ $59,900Median Income ЍЊВЎЉЍАВЉЉЎЌВЉЉ 59900 ЏЍАЉЉЏВЎЉЉАЍЌЉЉАВЉЎЉ aƚķĻƩğƷĻ LƓĭƚƒĻЎЉЌЎЉЎАЎЉЉЏЍАЉЉАЊВЉЉААЏЎЉБЌЍЉЉБВЊЎЉВЍВЉЉ 2:3 2:4 2:5 2:6 2:7 RESOLUTION NO. 2019-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONFIRMING THAT WETLANDS PARK IS CLOSEDTO THE GENERAL PUBLIC AND SHALL REMAIN IN ITS NATURAL CONDITION WHEREAS: 1.The City Councilat itsregular meeting on December 17, 2014,adoptedthe provisions ofOrdinance No. 1156whichestablished Wetlands Park as a City Park, which ordinance became effective on January 16, 2015; and 2.Ordinance No. 1156 added subsection P to Ukiah City Code Section 1965, establishing Lot 3 as described in the Grant Deed from the Successor Agency for the City of Ukiah to the City of Ukiah, dated August 31, 2017, recorded with the Mendocino County Recorder on August 31, 2017, by Document No. 2017-11657, a true and correct copy of which is attached hereto as Exhibit A; and 3.Subsection P to Ukiah City Code Section 1965 established Lot 3 as Wetlands Park and providesthatWetlands Park shallnot be subject to Ukiah City Code Sections 1966 and shall remain in its natural condition,until a management plan is adopted by the City Council; and 4.Ukiah City Code Section 1966 establishes the days and hours when other City parks are open to the general public; and 5.By excluding Wetlands Park from Ukiah City Code Section 1966, the City Council established that Wetlands Park shall remain closed to the general publicin furtherance of the City ndisturbed natural condition, until the City Council adopts a management plan for Wetlands Park; and 6.Subsection P further provides that other rules and regulations thanthose prescribed in Division 1, Chapter 12 of the Ukiah City Code, governing Parks and Recreation Facilities in the City of Ukiah, shall also apply, if such rules are adopted by resolution ofthe City Council;and 7.The City Council seeks to clarify that Wetlands Park is closed to the general public and that members of the public shall not enter or remain on or in Wetlands Park, until the City Council adopts the management plan referenced in Subsection P; NOW, THEREFORE, IT IS HEREBY RESOLVED,that Wetlands Park is closed to the general public and that it shall constitute a violation of Ukiah City Code Section 1965.P for any member of the general public to enter upon or remain in Wetlands Park and any such violation shall be subject to the penalties prescribed in Ukiah City Code Section 2001. IT IS FURTHER RESOLVEDthat signs are hereby authorized to be placed in conspicuous locations at the boundary of Wetlands Park providing notice that the park is closed to the general public and barriers to public access are hereby authorized to be installed. PASSED AND ADOPTEDthis 20thday of March,2019,by the following roll call vote: AYES: 2:8 NOES: ABSENT: ABSTAIN: __________________________ Maureen Mulheren, Mayor ATTEST: ____________________ Kristine Lawler, City Clerk 2:9 2:: 311 312 313 314 315 316 317 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR GOBBI STREET UNDERGROUNDING PROJECT STATE STREET TO ORCHARD AVENUE SPECIFICATION NO. 19-03 CITY OF UKIAH DEPARTMENT OF ELECTRIC UTILITY 300 SEMINARY AVENUE Ukiah, California 95482-5400 Bids Open:_____,_______,____________ 2:00 p.m. Office of City Clerk 318 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA CITY COUNCIL: MAUREEN MULHEREN MAYOR DOUGLAS CRANE VICE-MAYOR JIM BROWN COUNCIL MEMBER STEVE SCALMANINI COUNCIL MEMBER JUAN OROZCO COUNCIL MEMBER SAGE SANGIACOMO CITY MANAGER MEL GRANDI DIRECTOR OF ELECTRIC UTILITY MARY HORGER PROCUREMENT MANAGER KRISTINE LAWLER CITY CLERK R. ALLEN CARTER - CITY TREASURER CITY OF UKIAH DEPARTMENT OF ELECTRIC UTILITY MARCH 2019 319 TABLE OF CONTENTS PAGE NOTICE TO BIDDERS INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1 GENERAL CONDITIONS SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2 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 ........................................................................... 4 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 ..................................................................................................................................... 5 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 ......................................................... 5 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 ......................................................... 7 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 31: 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 ........................................................................ 12 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 .............................................................. 14 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 ................................................................................................... 15 9-01. Equipment and Methods 9-02. Time of Completion 9-03. Avoidable Delays 9-04. Unavoidable Delays 9-05. Notice of Delays 9-06. Extension of Time 9-07. Unfavorable Weather and Other Conditions 9-08. Saturday, Sunday, Holiday and Night Work 9-09. Hours of Labor SECTION 10. PAYMENT ............................................................................................................................. 16 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 321 10-09. Compensation to the City for Extension of Time 10-10. Liquidated Damages for Delay SECTION 11. MISCELLANEOUS ............................................................................................................... 19 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 .................................................................................................. 21 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 12-15. Notification of Underground Service Alert (USA) SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 22 13-01. General 13-02. Materials 13-03. Quantities 13-04. Payment 13-05. Primary Junction Boxes and Primary Pedestals 13-06. Streetlight Specification, Material and Installation 13-07. Bonding and Grounding 13-08. Maintaining Traffic 13-09. Dust Control and Watering 13-10. Traffic Control 13-11. Protection of Existing Facilities 13-12. Removal Methods 13-13. Vacuum Excavation 13-14. Pipe and Structure Excavation, Backfill and Compaction 13-15. Excavation Safety 13-16. Sprinklers and Landscaping 13-17. Clean-up 13-18. Aggregate Base 13-19. Asphalt Concrete 13-20. Asphalt Concrete Trench Paving 13-21. Curbs, Sidewalks and Miscellaneous Concrete 13-22. Soil and Groundwater Disposal 13-23. Traffic Stripes and Pavement Markings 13-24. Signal, Lighting and Electrical Systems 13-25. Maintaining Existing Systems 13-26. Boring and Jacking SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 27 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 27 322 15-01. Provisions of General Conditions to be Amended CERTIFICATES AND DOCUMENTS BID SUBMITTAL CHECKLIST ...................................................................................................................... 26 PROPOSAL ............................................................................................................................................ 28 BIDDING SCHEDULE ................................................................................................................................... 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 31 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35 SIGNATURE OF BIDDER ............................................................................................................................. 36 BIDDER'S BOND .......................................................................................................................................... 37 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38 AGREEMENT ............................................................................................................................................ 39 INDEMNIFICATION AGREEMENT .............................................................................................................. 43 EXAMPLE BOND FORMS ............................................................................................................................ 44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 48 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 49 INSURANCE CERTIFICATES AND ENDORSEMENT FORMS APPENDICES: ATTACHMENTS - UTILITY CONSTRUCTION STANDARDS LOCATED AT END OF DOCUMENT 311 2011 RISER GROUNDING 314 1007-2 EQUIPMENT GROUNDING 314 1008 EQUIPMENT GROUNDING 317 2425-4 TRANSFORMER BOX PAD INSTALLATION 317 2426-4 PADMOUNT SWITCH BOX PAD INSTALLATION DETAIL 317 2527 JUNCTION BOX COVER INSTALLATION DETAIL 317 2431 PEDESTAL BOX PAD INSTALLATION 317 3001 PEDESTAL SPEC 503 0101 STREETLIGHT WIRING (6 SHEETS) 504 0201-1 STREETLIGHT SPEC BOW 1 504 0201-2 STREETLIGHT SPEC BOW 2 504 0201-3 STREETLIGHT SPEC BOW 3 922 5402 TRANSFORMER BOX PAD 922 5405 PEDESTAL BOX PAD 922 5406 PADMOUNT SWITCH BOX PAD 922 5679-2 UKIAH 504LA EX RING 922 5680 UKIAH 504LA VAULT H-20 COVER 922 5701 UKIAH 48 EX RING 922 5703 UKIAH 48 H-20 COVER 922 5764 UKIAH 48 326 1503 BUMPER POST 323 C401 RAIL TRAIL CROSSING AT&T BOX SPECIFICATION AT&T UG SPECIFICATIONS (8 SHEETS). COMCAST VAULT AND SUBSTRUCTURE SPECIFICATIONS (9 SHEETS) GOBBI STREET UNDERGROUNDING PROJECT (13 sheets) 324 CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA NOTICE TO BIDDERS FOR GOBBI STREET UNDERGROUNDING PROJECTSPECIFICATION NO. 19-03 NOTICE IS HEREBY GIVEN that sealed standard proposals forGOBBI STREET UNDERGROUNDING 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 _______, ____, 20___, 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 GOBBI STREET UNDERGROUNDING PROJECTBids are required for the entire work described herein. No fax bids will be accepted. ESTIMATE OF QUANTITIES Item No. Description Quantity Unit Excavate, trench, backfill and compaction 1. 1592 LF Excavate, trench, backfill and compaction 2. 95 LF Excavate, trench, backfill and compaction 3. 1207 LF Excavate, trench, backfill and compaction 4. Trench) 20 LF Excavate, trench, backfill and compaction Trench) 2227 LF 5. Excavate, trench, backfill and compaction 85 LF 6. Excavate, trench, backfill and compaction 64 LF 7. Excavate, trench, backfill and compaction -Street Trench) 32 LF 8. Excavate, trench, backfill and compaction 987 LF 9. 10 Trench) 1412 SF 11. Trench) 1962 SF 12. Trench) 2965 SF Trench) 2607 SF 13. 14. including installation 997 FT including installation 10944 FT 15. including installation 35 FT 16. installation 1084 FT 17. 18. installation 16098 FT ion 19. (ELECTRIC) 808 FT 20. (ELECTRIC) 1614 FT 325 4198 FT 21. (ELECTRIC) 3226 FT 22. (ELECTRIC) Sidewalk removal and replacement for installation of Electric, Cable & AT&T Vaults 675 SF 23. and Boxes Curb and Gutter Removal and Replacement for installation of Electric, Cable & AT&T 15 LF 24. Vaults and Boxes Excavate, backfill, compact and install Cable 12 EA 25. Service Vaults B48 (Comcast) Excavate, backfill, compact and install Cable 8 EA 26. Service Vaults N36 (Comcast) Excavate, backfill, compact and install Cable 12 EA 27. Service Vaults N30 (Comcast) Excavate, backfill, compact and install 25 EA 28. Service Vaults 24X36X30AT (AT&T) Excavate, backfill, compact and install 4 EA 29. Service Vaults 30X60X48AT (AT&T) Excavate, backfill, compact and install 6 EA 30. Service Vaults 48X78X48AT (AT&T) Excavate, backfill, compact and install 2 EA 31. Concrete Vault (City to Provide Vault 48) Excavate, backfill, compaction and install 32. 3 EA Pedestel Box Pad (City to Provide) Excavate, backfill, compaction and install 33. 2 EA Transformer Box Pad (City to Provide) Excavate, backfill, compaction and install 34. 1 EA Padmount Switch Box Pad (City to Provide) Excavate, backfill, compaction and install 35. 19 EA Secondary Service Box(City to Provide) Driveway, sidewalk AC removal and replacement behind right-a-way along Leslie 815 SF 36. and Marshall Streets Landscape removal and replacement-Gobbi, 1 LS 37. Leslie, Marshall Sreets and Orchard Avenue 38. 1400 FT Lane Striping 39. Traffic Loop Repair 2 LS 40. 2115 FT Streetlight foundations including removal and replacement of sidewalk and installation of streetlight standard and luminaire (City to 41. Provide Standard and Luminaire) 22 EA Install streetlight junction boxes and make 42. electric connections. (City to Provide) 23 EA 43. #8 AWG THWN including installation 6750 FT 44. #12 AWG THWN including installation 5000 FT 45. 14 FT 46. CATV) 14 FT website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Procurement Manager at (707) 463-6233 or by email at mhorger@cityofukiah.com. 326 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. No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(aThe 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 DIR. Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract. By order of the City Council, City of Ukiah, County of Mendocino, State of California. Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California PUBLISH TWO TIMES: 327 INSTRUCTIONS TO BIDDERS GOBBI STREET UNDERGROUNDING 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 one-hundred (100) 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. 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 328 conditions actually revealed during the progress of the work or otherwise. GOBBI STREET UNDERGROUNDING PROJECT 11 Spec. No. 19-03 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 nditions 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. Location of the Work All of the work to be performed will be on East Gobbi, Marshall and Leslie Streets between State Street and Orchard Avenue Street, located in, Ukiah, California. All work is anticipated to be performed during regular work hours. 329 GOBBI STREET UNDERGROUNDING PROJECT 12 Spec. No. 19-03 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. 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 32: address. If the bid is made by an individual or partner, his or her name and the post office address of his or her GOBBI STREET UNDERGROUNDING PROJECT 13 Spec. No. 19-03 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. 331 GOBBI STREET UNDERGROUNDING PROJECT 14 Spec. No. 19-03 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 332 GOBBI STREET UNDERGROUNDING PROJECT 15 Spec. No. 19-03 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. Contracto 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: 333 GOBBI STREET UNDERGROUNDING PROJECT 16 Spec. No. 19-03 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 coveri 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. 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. 334 GOBBI STREET UNDERGROUNDING PROJECT 17 Spec. No. 19-03 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 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. 335 GOBBI STREET UNDERGROUNDING PROJECT 18 Spec. No. 19-03 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 336 contract may have been made. GOBBI STREET UNDERGROUNDING PROJECT 19 Spec. No. 19-03 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. -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. 337 GOBBI STREET UNDERGROUNDING PROJECT 20 Spec. No. 19-03 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 im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates. 1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics. 2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid 338 less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. GOBBI STREET UNDERGROUNDING PROJECT 21 Spec. No. 19-03 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 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. 339 GOBBI STREET UNDERGROUNDING PROJECT 22 Spec. No. 19-03 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 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 33: GOBBI STREET UNDERGROUNDING PROJECT 23 Spec. No. 19-03 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, 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 341 GOBBI STREET UNDERGROUNDING PROJECT 24 Spec. No. 19-03 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. 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. 342 GOBBI STREET UNDERGROUNDING PROJECT 25 Spec. No. 19-03 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 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. 343 GOBBI STREET UNDERGROUNDING PROJECT 26 Spec. No. 19-03 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. 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 344 GOBBI STREET UNDERGROUNDING PROJECT 27 Spec. No. 19-03 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. 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. 345 GOBBI STREET UNDERGROUNDING PROJECT 28 Spec. No. 19-03 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 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 346 and unless complete statements of materials used and expenses incurred on account of such extra work are GOBBI STREET UNDERGROUNDING PROJECT 29 Spec. No. 19-03 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. 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. 347 GOBBI STREET UNDERGROUNDING PROJECT 30 Spec. No. 19-03 (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. (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. 348 GOBBI STREET UNDERGROUNDING PROJECT 31 Spec. No. 19-03 (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. 349 GOBBI STREET UNDERGROUNDING PROJECT 32 Spec. No. 19-03 TECHNICAL SPECIFICATIONS SECTION 12. GENERAL INFORMATION 12-01. Location and Scope of Work. All of the work to be performed will be on East Gobbi, Marshall and Leslie Streets between State Street and Orchard Avenue Street, Ukiah, California. Work required, and to be more clearly defined in this specification under Section 13. Construction Details: Trench, backfill, compact and install underground conduits for electric, AT&T and Comcast. Install vault(s), boxes, secondary service boxes for electric, AT&T and ComcastInstall electric box pads for switch, transformer and pedestal(s) (installed by Contractor, provide by City)for underground duct system. Bore and jack two (2) steel casings under NWRR for electric, AT&T and Comcast and install streetlight foundations, streetlight standards, luminaires and streetlight junction boxes (provided by City), conduit system by horizontal directional drilling (boring), streetlight conductor, as specified, on Gobbi, Marshall and Leslie Street between State Street and Orchard Avenue. The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463- 6233. 12-02. Examination of Site. The Contractor should familiarize himself with the local conditions of the project sites, and shall be responsible for having acquired full knowledge of the job and all problems affecting it. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger, (707) 463-6233. 12-03. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title 12 General Information 13 Construction Details 14 Exclusions from General Conditions 15 Amendments to General Conditions 12-04. Arrangement of Plans. List of Drawings. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, May 2006, are hereby made a part of these Special Provisions and 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 Ukiah City Council. Director of Public Works The City of Ukiah Director of Public Works. Engineer The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. State The City of Ukiah Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of terms of the California Standard Specifications. In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as 34: follows: GOBBI STREET UNDERGROUNDING PROJECT 33 Spec. No. 19-03 1. (City) Special Provisions 2. (City) Project Plans 3. City Standard Plans and Details 4. California Standard Plans 5. California Standard Specifications 12-06. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-07. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-08. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-09. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to the public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass until all work is completed. 12-10. Maintaining Traffic. Attention is directed to Section 7-- -- 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. of work and no additional compensation will be made. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. responsibility to arrange such services as necessary. 12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents. 12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during this project. 12-15. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation. USA dial (toll free) 1-800-227-2600 351 GOBBI STREET UNDERGROUNDING PROJECT 34 Spec. No. 19-03 SECTION 13 - CONSTRUCTION DETAILS 13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for trenching, backfilling and compacting, bore and jack two (2) steel casing, provide and install conduits forelectric, ATT and Comcast. Install vault(s), box pads and secondary service boxes (furnished by City), install cable vaults and AT&T boxes, blacktopping, sidewalk, curb and gutter removal and replacement. Install streetlight foundations, streetlight standards, luminaires and streetlight junction boxes (provided by City), conduit system by horizontal directional drilling (boring), streetlight conductor, as specified, and other incidental and related work, all as shown on the plans and specifications for the Gobbi Street Undergrounding Project. Location of the work will be on East Gobbi, Marshall and Leslie Streets between State Street and Orchard Avenue Ukiah, California, as more specific WHERE INTERRUPTION OF ELECTRIC SERVICE WILL RESULT DURING THE INSTALLATION OF A SECONDARY SERVICE JUNCTION BOX, TRANSFORMER BOX PAD, AND PRIMARY PEDESTAL BOX PAD THE CONTRACTOR SHALL COORDIANTE THIS WORK WITH CITY OF UKIAH ELECTRIC UTILITY DEPARTMENT (UEUD). UEUD WILL TURN OFF POWER TO EQUIPMENT AND ASSIST THE CONTRACTOR WITH THE INSTALLATION OF CONDUITS INTO EQUIPMENT. CUSTOMER SERVICE OUTAGE TIME SHALL BE CUT TO A MINIMUN AND SHALL NOT EXCEED ONE WORK DAY. 13-02. Materials. Materials shall be new and of merchantable grade, free from defect. Contractor shall be responsible for providing any and all materials necessary for the completion of the project, which include, but are not limited to, all conduits, conduit sweeps and conduit fittings. Conduit sizes shall be as specified on the plans. PVC conduit, elbows and sweeps shall meet NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications for type Sch 40 and Sch 80. Rigid steel conduit at all riser pole locations shall be U.L. 6 listed and cutting. All e, minimu and . Long line couplings shall be used. Five degrees angle couplings, flexible adapters and PVC flexible couplings shall not be used. en conduits shall be throughout the project on electric duct system. All conduits shall be proved in a manner acceptable to the Electric Utility Department. Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric cable. Mule Tape must be installed in each conduit. The open end of all conduits must be protected in such a manner that it prohibits dirt and debris from entering. The ends of all stub conduit shall be securely capped. Below ground at capped location, one Greenlee Unimarker electronic marker shall be placed for each type of conduit using the uniform color code. Insulated bonding bushings will be required on metal conduit. No substitutions shall be permitted from the original specifications unless bidder obtains prior written approval. 13-03. Quantities. The preliminary estimate of the quantities of work to be done and materials to be furnished shown in the proposal are approximate only, being given as a basis for the comparison of bids. The City of Ukiah does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the City. Upon completion of successful bid, the Contractor shall furnish to the Engineer a cost break-down for each contract lump sum item. The contractor shall determine the quantities of the items required to complete all work shown on the plans. Such quantities and their values (including labor, equipment and materials) shall be included in the cost break- down submitted to the Engineer for approval. The sum of the quantity units times the unit price shall equal the contract quantities and values used in the cost break-down submitted for approval. Unbalancing of the unit prices will not be allowed. Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in each individual unit listed in the cost break-down, however, costs for traffic control system shall not be included. No adjustment of the compensation will be made in the contract lump sum prices paid for various work items due to any differences between quantities shown in the cost break-down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions. 352 GOBBI STREET UNDERGROUNDING PROJECT 35 Spec. No. 19-03 The cost break-down shall be submitted to the Engineer within 10 working days after the contract has been approved. The cost break-down shall be approved by the Engineer, in writing, before any partial payments for the items of work will be made. The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment of compensation for the items(s) of work due to the changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in the compensation will be determined in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with increases and decreases in the quantity of a contract item of work in accordance with the Contractor bid price. Additions or deletions in the quantity of work as set forth in these specifications and accompanying drawings for lump sum items may be ordered by the Engineer after the contract price has been adjusted accordingly to the satisfaction of both the Contractor and the City of Ukiah, and they have been accepted in writing by the Engineer. 13-04. Payment. Payment will be at the unit price bid and will be compensation in full for all labor, materials, equipment, tools, including any and all incidentals. 13-05. Primary Junction Boxes, Transformer, Switch and Pedestal Box Pads. Primary Junction Boxes, Transformer, Switch and Pedestal Box Pads shall be provide by the City and installed by the Contractor. Primary Junction Box gradgrade. Asphaltic vault sealant shall be installed between the junction box cover and the extension ring (if used) and between the extension ring (if used) and the junction box. Bottom of the primary junction box excavation shall be compacted to 90% compaction prior to installation of drain rock and junction box- bell ends shall be installed on the conduit ends and grouted in flush with the vault surface. Grounding shall be installed per Ukiah Electric Utility Department specifications at each primary junction box and primary pedestal location. Primary Pedestals shall be installed per Ukiah Electric Utility Department specifications. 13-06. Streetlight Specifications, Material and Installation. The streetlight system shall be installed in accordance with these specifications including applicable drawings, which are part of these specifications, and the drawings(s) for the specific project. Streetlight standards, luminaires, (provided by City) shall be installed in streetlight junction box (provided by City) shall be placed adjacent to each streetlight standard. Standards shall not be placed on foundations until at least seven (7) days after placement of the foundation concrete. Standards shall be installed plumb (vertical). Shimming is not acceptable. Adjustments shall be made with the double nut arrangement. Grouting mortar, non-shrink, non-metallic grouting mortar such as Masterflow 713 Grout (manufactured by Master Builders Division of Martin Marietta, Corp.) or an approved equal shall be mixed and placed as recommended by the manufacturer. Grout Mortar shall be placed between the base of the standard and the foundation. It shall be solidly packed a minimum of three (3) inches under the standard as measured from the outside edge of the base plate and be struck vertical with the outside edge of the base plate to the top of the foundation. The thickness of the grouting mortar shall be a minimum of one (1) inch, i.e. the distance between the base plate and the foundation shall be one (1) inch minimum. Concrete shall be ready-mixed in accordance with ASTM 94 and shall be sufficiently mixed to ensure complete uniformity of the batch. The concrete shall have a minimum compressive strength of 4000 PSI at twenty-eight (28) days. Absolute water-cement ratio shall not exceed 0.45. Slump shall not exceed four (4) inches without the approval of the City. Maximum normal coarse aggregate size shall not exceed one (1) inch. A minimum of six (6) bags of cement per yard of mix shall be used. Cement shall be Portland Cement Type II in accordance with ASTM C150, unless otherwise specified on the plans. Fine aggregate shall be in accordance with ASTM C33, with the exception that only natural sand shall be accepted. Coarse aggregate shall consist of clean, durable, hard-crushed stone, gravel, or a proper combination thereof, in accordance with ASTM C33. Only natural materials shall be accepted. Water for mixing and curing concrete shall be potable and free from injurious amounts of any substance that may be detrimental to concrete or anchor bolts. No additives shall be used in concrete without the written approval of the City. Chlorides shall not be used in concrete mix. The Contractor, unless otherwise instructed, shall be required to make a set of compressive test specimens, each set consisting of four (4) compressive test cylinders made in accordance with ASTM C31. One set of compressive test specimens shall be made from each truck load (batch). Testing of the 353 cylinders shall be handled by the Contractor through a qualified testing laboratory and the cost of testing GOBBI STREET UNDERGROUNDING PROJECT 36 Spec. No. 19-03 shall be borne by the Contractor. Contractor shall require the laboratory to send the compressive test reports to the City of Ukiah, Electric Utility Department (UEUD). One sample shall be tested at seven (7) days and two (2) at twenty-eight (28) days. One cylinder shall be held for a 45-day break in the event of a low break. The Contractor shall identify low break test. The Contractor shall maintain a record identifying the location of all streetlight foundations poured from each truck load. A copy of these records shall be forwarded to the Ukiah Electric Utility Department. Connection to the power source (point of interconnection) at padmount transformers, secondary boxes or other source will be made by the Ukiah Electric Utility Department. Only authorized City of Ukiah employees shall be permitted access to City owned/maintained electrical equipment. The contractor shall provide and install all conductors and make all electric connections up to the point of interconnection. Fuseholders, insulating boots, fuses shall be provide by the City. The contractor shall coordinate work at the point of interconnection with the Ukiah Electric Utility Department - call (707)467-5775. All conductor junction connectors shall be properly sized for the number and size of conductors to be connected and shall be separable without cutting the conductors. Wire nuts and splitbolt connectors are acceptable types of connectors. All conductor junction connections shall be capable of satisfactory operation under continuous submersion in water. The Dryconn silicone-filled wire connector Type KB - Aqua/Blue from King Innovation is an acceptable product. Other connectors may be waterproofed with the following product: Th Scotchseal Compound #2229. Ground electrodes shall be one-piece lengths of galvanized steel rod or copper clad steel rod not less than 5/8 inches in diameter and 8 ft. in length. One (1) #6 AWG solid bare copper conductor shall be used to connect the ground electrode to the grounding screw in the standard. The #6 copper conductor shall be continuous through the grounding screw in the standard and of sufficient length to reach a minimum of 1.5 ft. outside the standard through the handhole for connection to the grounding (equipment bonding) conductors. The ground electrode shall be Conductors shall be stranded THWN copper of the gauge shown on the plans. Wire sizes shall be based on American Wire Gauge (AWG). The conductor diameter shall not be less than 98% of the specified AWG diameter. Provide sufficient conductors in each standard to permit bringing the fuses and connectors outside of the standard through the handhole (minimum 1.5 ft.) Conductors shall be color coded as follows: Green - equipment grounding conductor; White - neutral for 120 volt systems; Gray - neutral for 277 volt systems; Black - the energized conductor for 120 volt systems and one of the energized conductors for 208 and 240 volt systems, and; Red - the other energized conductor for 208 and 240 volt systems Brown the energized conductor for 277 volt systems. The contactor shall furnish all labor, materials, tools, and equipment to install the streetlight conduit system using the horizontal direction drilling (boring) method. Work includes, but not limited to, proper installation, testing, restoration of underground utilities and environmental protection and restoration. All directional drilling operations work of a similar nature. The company must have installed a minimum of 25,000 linear feet of pipe using directional drilling operations or supply a list of project references, prior to job commencement. The contractor shall submit specifications on directional drilling equipment to be used to ensure that the equipment will be adequate to complete the project. Equipment list is to include but not be limited to: drilling rig, mud system, mud motors (if applicable), down-hole tools, guidance system, and rig safety systems. Include calibration records for guidance equipment. Submit any specifications for any drilling fluid additives that might be used. The contractor shall expose all sewer laterals before boring operations commence. Conduit size to be 1HDPE. High Density Polyethylene (HDPE) conduits shall be smoothwall schedule 40, meeting NEMA TC7 and ANSI D1248 specifications. Color shall be gray. Conduits shall be equipped with SILICORE® 354 GOBBI STREET UNDERGROUNDING PROJECT 37 Spec. No. 19-03 inner lining or approved equivalent system for ease of installing conductor. Conduits shall be continuous i.e. couplings or fuse joints are not permitted. Couplings are permitted immediately adjacent to streetlight foundations, junction boxes and/or power sources for connection of a PVC schedule 40 elbow to the HDPE conduit. Such coupling shall be of the compression type. All materials are subject to approval by the City of Ukiah, Electric Utility Department prior to installation. Material submittals, for approval, shall be forwarded to the Ukiah Electric Utility Department. 13-07. Bonding and Grounding Bonding and grounding shall conform to Ukiah Electric Utility Department specification, 314 1007 and 314 1008. 13-08. Maintaining Traffic least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles. Lane closures shall conform to the provisions in the section of these special provisions Payment Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 13-09. Dust Control and Watering Dust control and watering shall conform to the provisions in Sections 10 "Dust Control" and 17 "Watering" of the California Standard Specifications and these Special Provisions. The Contractor at their expense shall provide their own water for dust control and project construction. Necessary precautions to prevent dust nuisance shall be taken during all phases of construction, on non-working days, and to final acceptance of the work. Payment for dust control and watering shall be considered as included in the various items of work and no additional compensation will be allowed therefore. 13-10. Traffic Control Traffic control shall conform to Section 12 "Construction Area Traffic Control Devices" of the California Standard Specifications and these Special Provisions. Attention is particularly directed to the "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" published by Caltrans. Nothing in these Specifications is to be construed as to reduce the minimum standards set in said manual. Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer. The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access. The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following: Construction activity that may impede emergency vehicles, school buses, etc. Construction activity such as trenches or other excavation that prohibit access. Construction activity that removes a fire hydrant from service. The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service The City will furnish "No Parking" signs which shall be posted by the Contractor. The Contractor shall be responsible for supplying, installing and maintaining such fences, barriers, lights, signs and 355 GOBBI STREET UNDERGROUNDING PROJECT 38 Spec. No. 19-03 flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof. All traffic control equipment shall be removed when it is no longer required. Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project. All existing warning, regulatory, and information signs shall be maintained in a visible location during all phases of the construction by the Contractor. If it becomes necessary for the City of Ukiah to replace or place additional barricades in order to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center. Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and placing barricades, warning devices, and for flaggers as may be required by the Engineer shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed therefore. 13-11. Protection of Existing Facilities Protection of existing facilities shall conform to all the applicable provisions in Section 8-1.10 "Utility and Non-Highway Facilities" and Section 15 "Existing Highway Facilities" of the California Standard Specifications and these Special Provisions. All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions and all underground facilities shown on the Plans or brought to the Contractor's attention during the course of the work. The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation. The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility or structure. At the owning utility's discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer. 13-12. Removal Methods Removal of existing improvements shall conform to Section 15-2 "Miscellaneous Highway Facilities" of the California Standard Specifications, these Special Provisions and as shown on the Plans. All portions of existing concrete to be removed shall be removed in a smooth, neat, vertical plane. Where expansion, contraction or construction joints are not present, the concrete shall be saw cut to a minimum depth of 1-1/2 inches. If an expansion, contraction or construction joint is within 3 feet of the concrete to be removed, the concrete shall be removed to that joint. Prior to final paving, all portions of existing pavement to be removed shall be cut on a neat, straight line. Pavement removed outside the removal line shall be cut parallel to and at right angles to the removal line. The face of the cut shall be smooth and shall not overhang the removal area. Drop hammers are not allowed. Jackhammers may be used if the cuts are overlapped and meet the above criteria. Where edges of remaining pavement are raised by the removal method used, they shall be flattened with a mechanical tamper prior to setting frames or replacing pavement. Where an excavation leaves less than 2 feet of pavement adjacent to the gutter, the remaining pavement shall be removed and replaced. All removed material, unless otherwise specified, shall become the property of the Contractor and shall be disposed of outside of the right-of-way. Payment for removal and disposal of existing improvements shall be in accordance with Section 15-2.07 "Payment" 356 of the California Standard Specifications. GOBBI STREET UNDERGROUNDING PROJECT 39 Spec. No. 19-03 13-13. Vacuum Excavation All pothole work to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer. Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches. All pothole work shall comply with the Traffic Control provisions of these specifications. Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing the work involved in performing the pothole operation shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed therefore. 13-14. Pipe and Structure Excavation, Backfill and Compaction Excavation and backfill for pipe, manholes and miscellaneous structures shall conform to the provisions in Section 19.3 "Structure Excavation and Backfill" of the California Standard Specifications, and these Special Provisions. Pavement and concrete removal shall conform to Section 13-11 "Removal Methods" of these Special Provisions. All excavation shall be made to the lines and grades shown on the Plans. Trench edges shall be no closer than 1 foot to the toe of the gutter unless otherwise approved by the Engineer. Where mud, peat or any unstable or objectionable material is encountered at or within 6 inches of the bottom of any excavation, such material shall be removed to a depth of at least 12 inches below the established grade and the trench brought to grade by placing a suitable material thoroughly compacted in place, all as approved by the Engineer. Trench width, bedding and backfill for pipe shall conform to "Pipe Bedding and Backfill Requirements", as shown on plans. Ponding or jetting of backfill is not allowed unless specifically shown on the Plans. Trench backfill shall attain a relative compaction of 90 percent of finish grade. Backfill compaction within the structural section shall be as shown on the Plans. Structural backfill around all structures and manholes shall attain a relative compaction of 92 percent. The Contractor shall be responsible for scheduling compaction testing per City requirements (required every 50 lineal feet of trench). The cost for compaction testing shall be included in the total bid cost. Backfill in street areas shall be brought to subgrade and the existing surfacing shall be replaced with the structural section shown on the Plans. Trench backfill shall be accomplished as soon as possible after the pipe has been installed. The Contractor shall conduct the construction operations so that trench backfill at all intersections is sufficiently adequate to allow 2-way traffic in both directions during all phases of construction unless otherwise specified. Payment for pipe and structure excavation and backfill shall be considered as included in the price paid for the various items of work requiring excavation and backfill and no additional compensation will be allowed therefore. 13-15. Excavation Safety Excavation Safety shall conform to the provisions in Sections 5-1.02A "Trench Excavation Safety Plans" and 7-1.01E "Trench Safety" of the California Standard Specifications and these Special Provisions. In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting, shoring and bracing as may be necessary as a precaution against slides or cave-ins and to fully protect all existing improvements of any kind from damage. The Contractor shall obtain a permit from the Division of Industrial Safety and shall submit a copy of the approved permit to the Engineer prior to the start of any excavation greater than 5 foot in depth. The cost of the permit shall 357 be included in the total bid cost. If the shoring and bracing plan varies from the shoring system standards GOBBI STREET UNDERGROUNDING PROJECT 40 Spec. No. 19-03 established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. The criteria given by the California Department of Industrial Relations are MINIMA for the conditions shown thereon. In addition to shoring the excavation as specified, it shall be the Contractor's responsibility to provide any and all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those derived by using the criteria set forth by said governing agency. The Contractor shall be solely responsible for any damages which may result from failure to provide adequate shoring to support the excavations under any or all of the conditions of loading which may exist or which may arise during the construction project. The contract price paid per lump sum for excavation safety shall include full compensation for furnishing all labor, materials, permits and equipment and for doing all work involved as specified under these Special Provisions and no additional compensation will be allowed therefore. 13-16. Sprinklers and Landscaping All sprinkler systems, landscaping, sod or turf shall be reinstalled to its original condition. 13-17. Clean-Up Clean-up shall conform to the provisions in Section 22 "Finishing Roadway" of the California Standard Specifications and these Special Provisions. Upon completion of the work, and prior to requesting final inspection, the work area shall be thoroughly cleaned of all rubbish, construction forms, stakes, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition. The final inspection will not be made until this has been accomplished. Full compensation for clean-up shall be considered as included in the price paid for the various contract items of work requiring finishing, and no additional compensation will be allowed therefore. 13-18. Aggregate Base Aggregate base shall be Class 2 and shall conform to the provisions of Section 26 "Aggregate Bases" of the California Standard Specifications and these Special Provisions. Aggregate grading shall be 3/4" maximum unless otherwise approved by the Engineer. The Contractor shall submit current gradation, R-value, sand equivalent, and durability index test results as requested by the Engineer. Aggregate base shall not be placed until the subgrade has been approved by the Engineer. In lieu of the placement requirements specified in Section 26, aggregate base material shall be placed upon prepared subgrade in a uniform windrow or layer, and after placing, the material shall be graded, compacted and watered in accordance with the requirements of Section 26-1.05 "Compaction" of the California Standard Specifications and the construction plans. Motor graders may be used for the aforementioned grading. Aggregate base shall be compacted as specified in the Standard Specifications to a relative compaction of 95 percent. Finished grade shall be within 0.05 feet of plan grade. The contract price paid per ton of aggregate base shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work involved in placing, compacting and watering aggregate base as shown on the plans and as specified in these Special Provisions, and no additional compensation will be allowed therefore. 13-19. Asphalt Concrete Asphalt concrete shall be ½-inch maximum, medium grade, Type A and shall conform to these Special Provisions and the following sections of the Standard Specifications: 39-1 General 39-2 Materials 39-3 Storing, Proportioning and Mixing Materials 39-4.01 Subgrade 39-4.02 Prime Coat and Paint Binder Paving asphalt shall be PG64- 358 California Standard Specifications. Asphalt Concrete pavement shall be placed at a minimum compacted thickness GOBBI STREET UNDERGROUNDING PROJECT 41 Spec. No. 19-03 as shown on the Plans. Asphalt Concrete pavement shall be placed in lifts; the surface lift shall not exceed a compacted thickness of two (2) inches, initial spreading of asphalt shall be at a mix temperature not less than 250 degrees F. Breakdown compaction shall be completed before the temperature of the mix drops below 200 degrees F. (See Caltrans Std. Spec Section 39-6.01). Binder Coat (tack coat) shall be Type SS-1, conforming to previsions of the American Asphalt institute Article 94- Measurement: Asphalt concrete will be measured by the ton as determined by the Public Weighmaster Certificates. Duplicate load slips shall be furnished to the Engineer by and at the sole expense of the Contractor. Where the Contractor has performed unauthorized grinding, the Contractor shall backfill with The Engineer shall calculate the excess quantity of asphalt concrete necessary to backfill to the original subgrade plane and this quantity will be deducted from the total asphalt concrete tonnage installed. 13-20. Asphalt Concrete Trench Paving. Asphalt concrete and the placing thereof shall conform to the ons, and these Special Provisions. Asphalts: placed each day over the work. The amount of asphalt binder to be mixed with the aggregate will be specified by the Engineer at the time of paving. A different asphalt binder content may be specified for each lift and each location. General Requirements: The Contractor shall provide compaction of backfill and base material as the job progresses, each day. Temporary paving will be placed over the work, each day, leaving not more than 25 feet unpaved. This temporary paving shall be removed for final trench paving. The balance of the trench shall be covered with skid resistant steel plates (with a coefficient of friction of 0.35 or greater per CTM342), capable of sustaining normal (H20) traffic loads without shifting or bouncing, and shall be secured per Caltrans requirements. Hot Mix asphalt concrete shall be placed and compacted around all edges of steel plates with a sufficient width and gradual slope in order to provide a smooth transition to existing pavement. Finished asphalt trench paving shall be even, smooth riding and have an appearance that is compatible to the surrounding surface, unless proper written approval has been provided by the Engineer. The Engineer may require additional paving beyond the minimum dimensions shown in STD. 220 trench wall), or as shown on the plans, where records indicate that the existing pavement or structural section is as shown on the plans. Payment: Full compensation for furnishing and installing temporary and permanent trench paving shall be considered as included in the prices paid for the pipe items and no additional allowance will be made therefor. 13-21. Curbs, Sidewalks and Miscellaneous Concrete Curb, gutter, sidewalk, driveways, alley approaches and any other miscellaneous concrete structures shall be constructed as shown on the plans, and applicable City of Ukiah Standard Plans, and shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the California Standard Specifications and these Special Provisions. a.) Earthwork: Earthwork shall conform to the plans and Section 13-12 of these Special Provisions. The area between the right-of-way line and the back of sidewalk shall be graded to 1/4-inch per foot and sufficient compactive effort and moisture shall be applied to this area to prevent settlement. Voids shall be filled with topsoil, not sand. Water service or other boxes and facilities shall be adjusted to grade. b.) Curb, gutter, and sidewalk: Curb, gutter and sidewalk shall be of monolithic construction. 359 Construction joints shall be edged and shall conform to the proposed scoring pattern. GOBBI STREET UNDERGROUNDING PROJECT 42 Spec. No. 19-03 Expansion joint material shall be installed to the full depth of the concrete at locations shown on the plans and as designated by the Engineer. Side inlet catch basin and drop inlet catch basin concrete may be placed against neat excavation of undisturbed earth. Concrete retaining walls shall be formed with plywood and all exposed edges shall be edged. After the back form has been removed, the void shall be backfilled to grade with clean native top soil. c.) Commercial curb, gutter, and sidewalk: Commercial curb, gutter and sidewalk shall be of monolithic construction. Construction joints shall be edged and shall conform to the existing scoring pattern. Curb, gutter and sidewalk shall be constructed per City of Ukiah Standard Plan. d.) Concrete: Portland cement concrete shall be Class "B" conforming to Section 90 "Portland Cement Concrete" of the Standard Specifications with a minimum compressive strength of 2500 psi at 28 days. All concrete used shall be mixed completely in a truck mixer, commonly known in the industry as "transit-mixed concrete". e.) Forms: Forming requirements shall conform to the provisions in Section 73-1.04 "Forms" of the California Standard Specifications. If clean neat lines can be cut, the Contractor may pour against undisturbed earth with prior approval by the Engineer. If any sloughing or caving of material occurs, both front and back forms may be required. Forms shall be true to lines and grades as shown on the plans. Forms previously used shall be thoroughly cleaned before re-use. Before concrete is placed within any form, all inside surfaces of the forms shall be thoroughly coated with an approved oil. All forms shall be free of any foreign material previous to placing concrete. f.) Concrete Reinforcement: Mesh and reinforcing steel shall conform to the provisions in Section 52- 1.02 "Materials" of the California Standard Specifications. All reinforcing steel shall be accurately placed as shown on the plans. All reinforcement shall be cleaned of dirt, rust, grease, loose scale and any other substance that may prevent concrete bonding. All reinforcement shall be securely positioned and supported so as to maintain the proper position during placement of concrete. g.) Concrete Placement: Concrete shall not be placed without approval of the Engineer. Placing concrete without notifying the Engineer may be reason for rejection of the work. Prior to placing concrete, the subgrade and inside face of the forms shall be thoroughly wetted as the Engineer may direct. Concrete shall not be deposited when it appears likely that the air temperature may fall below 40F during the placing of concrete or within the following 24 hours, unless special approval has been received from the Engineer prior to placing of concrete. Concrete which, in the opinion of the Engineer, has been damaged by freezing shall be removed and replaced. Monolithic curb, gutter and sidewalk or median curb and gutter may be placed with extrusion machinery. The machinery shall be approved by the Engineer prior to use. The Contractor shall install bench mark monuments as shown on the plans. The City of Ukiah will furnish the bench mark monuments without cost to the Contractor. 35: If the plans do not call for sidewalk, side inlet catch basins shall be constructed with a 3-foot by 5-foot GOBBI STREET UNDERGROUNDING PROJECT 43 Spec. No. 19-03 section unless otherwise indicated on the plans. h.) Finishing: After steel troweling, the concrete surfaces shall be given a fine hair broom finish. Brooming on sidewalk shall be transverse to the length of curb. All exposed concrete surfaces shall be finished unless otherwise directed by the Engineer. Score marks and weakened plane joints shall be located as shown on the plans and as directed by the Engineer. i.) Cure: Concrete cure shall be accomplished by either the water, pigmented curing compound or waterproof membrane method and shall conform to the provisions in Section 90-7 "Curing Concrete" of the California Standard Specifications. White pigmented curing compound shall not be used on exposed surfaces. j.) Tolerances: Dimensional tolerances for concrete work are listed below. Work done outside of these tolerances will be rejected by the Engineer. Curb, gutter, sidewalk thickness: Up to 1/4-inch below specified thickness. Flow line: Puddles shall not exceed 1/4-inch in depth, 6 inches in width or 10 feet in length. Grinding in excess of 1/2-inch and the use of epoxy fillers are not acceptable. Sidewalk crossfall: Total crossfall on 5-foot sidewalks shall be within 1/2-inch of design. Catch basins: The opening shall be a full 8 inches across the face of the catch basin with the top properly aligned within 3 inches of the base. k.) Payment: Curb and gutter, sidewalk, street sign posts, driveways and mowstrips shall be paid for under the various contract items and shall include full compensation for furnishing all labor, materials, including the cast-iron frames and grates, adjusting facilities within the sidewalk to grade, grading and adjustments at the back of walk, removal of existing facilities, tools and equipment, and for doing all work involved in their construction as shown on the plans and as specified under these Special Provisions, and no additional compensation will be allowed therefore. 13-22. Soil and Groundwater Disposal. 13-22 (A) General: contains no known subsurface petroleum hydrocarbon contamination. The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.) Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40-hour OSHA- HAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the contaminated materials removal and handling operation. All workers in this circumstance must have their initial and annual renewal refresher training, medical clearance and personal protection equipment in accordance with 8CCR Section 5192. 13-22 (B) Soil: None of the excavated material shall be disposed of on the work site. All material excavated from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required. 13-22 (C) Water: Groundwater may be encountered during the course of excavation. If it is encountered, the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates in the excavation during the progress of work until the pipe or other structures are installed and until backfilling has 361 progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the GOBBI STREET UNDERGROUNDING PROJECT 44 Spec. No. 19-03 Contractor shall have a minimum of 2 working pumps available for immediate use at all times. Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff. Said water shall be disposed of in a manner as to cause no injury to public or private property, or be a menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment. If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain system. Contractor shall be responsible for constructing, operating and maintaining all necessary features to complete the work including furnishing, installing and maintaining all pumping and other equipment required to dewater any trenches containing water as may be encountered during performance of the work. Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the permanent conclusion of dewatering operations, all dewatering equipment shall be removed from the job site. Payment: Full compensation for disposal of all excavated material and trenchwater, including, but not limited to, transportation costs and soil disposal fees and providing all necessary equipment and labor (including back- up pumping equipment) shall be considered as included in the contract prices paid for various contract items of work and no additional compensation will be allowed therefor. The City will pay discharge fees for the necessary disposal of trenchwater. 13-23. Traffic Stripes and Pavement Markings Traffic stripes and pavement markings shall conform to the applicable provisions of Section 84 of the California Standard Specifications, City of Ukiah Standards, and these Special Provisions and shall be placed at the locations shown on the plans. Stripes and pavement markings shall be thermoplastic. Existing stripes and pavement markings which are damaged by the work shall be replaced. Replaced sections shall match existing sections. Patching is not acceptable in lieu of complete replacement. Payment: Traffic Stripes and Pavement Markings shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all equipment, tools, and labor, and doing all the work involved, as herein specified, including removal of existing striping and markings, furnishing all paint and glass beads, thermoplastic pavement marking material, tape, eradication of existing and temporary traffic stripes, temporary traffic stripes and pavement markings, replacement of damaged stripes and markings, and doing all the work involved as herein specified and no additional allowance will be made therefore. 13-24. Signal, Lighting and Electrical Systems All work shall meet the requirements of Section 86-1.02 California Standard Specifications. 13-25. Maintaining Existing Systems The Contractor shall maintain existing signal and lighting systems in accordance with Section 86- Provisions. Prior to disconnecting traffic loops, temporary traffic cameras are to be installed at the Gobbi St. and State St. intersection and the Gobbi St. and Orchard Ave. intersection for any approach that is affected by cut traffic loops to keep signal performance at the optimum operational level for the duration of the project. Upon completion, new 362 traffic loops shall be installed following the Cal Trans standard for each cut location. Three locations are GOBBI STREET UNDERGROUNDING PROJECT 45 Spec. No. 19-03 anticipated. 13-26. Boring and Jacking. Installation of bore and jack facilities shall be constructed in accordance with the details shown on the plans and as specified in these Special Provisions. Unless otherwise specified, the methods and equipment used in jacking casing shall be optional with the Contractor, provided that the proposed method is approved by the Engineer. Such approval, however, shall in no way relieve the Contractor of the responsibility for making a satisfactory installation meeting the criteria set forth herein. Only workers experienced in jacking operations shall be used in performing the work. The Contractor shall confirm location of all existing utilities within and adjacent to the proposed location of the bored and jacked casing by potholing prior to excavating the boring/jacking and receiving pits. Where a utility goes through a boring or receiving pit it shall be adequately supported and protected. The Contractor shall be aware that underground utilities such as electrical, gas, sewer, and water lines may exist near the drill path. Contractor shall have all materials and equipment on site prior to beginning bore and jack operations. The drilling shall be performed only with equipment adequate for the length and diameter of the bore. The leading section of casing shall be equipped with a jacking head securely anchored thereto to prevent any wobble or variation in alignment during the jacking operation. Casing shall be jacked true to line and grade and the Contractor shall modify the jacking operation to correct any deviation. The driving ends of the casing shall be properly protected against spalling and other damage, and intermediate joins shall be similarly protected by the installation of sufficient bearing shims to properly distribute the jacking stresses. Any section of the casing showing signs of failure shall be removed and replaced with a new section that is adequate to carry the loads imposed upon it. Excavation of boring and receiving pits shall be the minimum size necessary to complete the work. The excavations for the boring or jacking operations shall be adequately shored to ensure against ground movement in the vicinity of the jack supports. Boring and receiving pits shall be kept dry at all times. Excavation shall be made in excess of the outer dimensions of the casing being jacked unless approved the Engineer. Every effort shall be made to avoid any loss of earth outside the jacking head. Excavated material shall be removed from the casing as excavation progresses, and no accumulation of such material within the casing will be permitted. Steel casing shall be in accordance with ASTM A53, Grade B or STTM A139, Grade B with minimum yield strength of 35,000 psi. The minimum casing inside diameter shall be at 26 and 12 inches, and the minimum casing wall thickness shall be 0.375 inch. The joints of sections of casing to be jacked shall be welded with a continuous capable of resisting the jacking forces involved. Welding shall be performed by a certified welder with a least three years experience in continuous circumferential welds. The electric conduits to be installed in the casing shall be PVC Sch 40 meeting NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications. Payment for the installation of conduits shall be included in the lump sum cost for Bore and Jack. The ATT and Comcast conduits to be installed in the casing shall be PVC Sch 40 meeting NEMA TC-2, TC-3 and UL 651 (Conduit) and 514b (Fittings) specifications. Payment for the installation of conduits shall be included in the lump sum cost for Bore and Jack. Contact grouting shall commence immediately once the casing is installed and the auger boring equipment has been removed from the tunnel. The Contractor shall inject the approved eight sack sand slurry grout mix through the 2-inch treaded steel grout ports in such a manner as to completely fill all voids outside the casing pipe resulting from the boring or jacking operation. The 2-inch ports shall be regularly spaced at 10 feet on center alternating at 30 degrees from plumb each side of the vertical centerline. Longitudinal spacing between the grout connections 363 may be decreased to provide more frequent grouting, but in no case shall the spacing specified be exceeded. GOBBI STREET UNDERGROUNDING PROJECT 46 Spec. No. 19-03 Grout pressure shall be controlled a 5-psi so as to avoid deformation of the steel casing and avoid movement of the surrounding ground. In subsequent order, each port shall be connected and pumped to 5-psi or until grout is exposed in subsequent open port. If pressure exceeds 5-psi the pump hose will be moved to the next open port. Each group port shall be closed with a cast-iron threaded plug prior to moving on to the next grout port. This process shall be repeated until every grout port has been closed. Grout pressure shall be monitored and controlled by the pump operator who is positioned so that all gauges on the pump are clearly visible. steel band placed at 5 foot intervals. The electric conduit duct bank shall be slid into the case as one unit. The annular space between the casing and the conduit duct bank shall be filled with sand. Sand for backfill in the annular space shall be clean and 100% shall pass through a No. 30 sieve. The Contractor shall furnish sand, equipment, hoses, valves, and fittings for filing the annular space between the casing and the electric duct bank. Sand shall be conveyed by air through a hose and deposited by air pressure in its final position. The sand shall be free of lumps to flow unimpeded sand to completely fill all voids. In general, sand backfill will be considered completed when no more sand can be forced into the annular space. The Contractor shall document the volume of sand backfill placed. The Contractor shall protect and preserve the interior surfaces of the steel casing from After jacking equipment and excavated materials from boring and jacking operations have been removed from the jacking pit, the Contractor shall remove all loose and disturbed materials below pipe grade to undisturbed earth. Backfill for boring pits and tre payment will be made for aggregate base used to backfill bore pits. Backfill for boring pits shall be compacted to not less than 90 percent relative compaction, except that when placed under roadbed, relative compaction shall not be less than 95 percent within three feet of finished grade, as determined by California Test 216 and 231. Trench The Contractor shall apply for an underground classification for the jack and bore operation from Department of Industrial Relations, Mining and Tunneling Unit, 2211 Park Towne Circle, Sacramento, CA 95825, Telephone: 916- 574-2540. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7- California Standard Specifications. Measurement. Bore and Jack will be measured by lump sum. Payment. Bore and jack will be measured and paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment, and doing all work involved, including, as specified herein: Potholing, Excavation, Keeping the pits dry, Disposal of contaminated soil and groundwater in conformance with these Special Provisions, Shoring, Steel casing, Pipe welding, Fittings, Contact grouting, Concrete end seal, Backfilling the annular space with sand, Backfill, Compaction, Removing loose material from pits, Disposal, Necessary permits, And any other work required for boring and jacking not specifically enumerated on the plans or in these 364 specifications and no additional compensation will be allowed. GOBBI STREET UNDERGROUNDING PROJECT 47 Spec. No. 19-03 365 GOBBI STREET UNDERGROUNDING PROJECT 48 Spec. No. 19-03 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. 366 GOBBI STREET UNDERGROUNDING PROJECT 49 Spec. No. 19-03 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 ___) 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 ___) Filled out completely per instruction o (Page ____) Filled out completely per instruction o Certification of Non-Discrimination in Employment (Page ___) Filled out completely per instruction o List of Proposed Subcontractors (Page _____) Filled out completely per instruction o Statement of Experience (Page ____) o Signature of Bidder (Page _____) Filled out completely per instruction Authorized signature provided o (Page _____) Filled out completely per instruction o Non-Collusion Affidavit (Page _____) Filled out completely per instruction Notarized o Addenda Issued Signed and Returned 367 GOBBI STREET UNDERGROUNDING PROJECT 50 Spec. No. 19-03 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR GOBBI STREET UNDERGROUNDING PROJECT Specification No. 19-03 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: 368 GOBBI STREET UNDERGROUNDING PROJECT 51 Spec. No. 19-03 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 1. 2. mated 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 the items in the items shall prevail. The bid comparison will be based on the sum of the items in the 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. 369 GOBBI STREET UNDERGROUNDING PROJECT 52 Spec. No. 19-03 NAME OF BIDDER: SPEC #: 19-03 PROJECT NAME: GOBBI STREET UNDERGROUNDING PROJECT ITEMDESCRIPTION UNIT OF QUANTITY UNIT PRICE TOTAL # MEASURE 1 LF $__________ $_________________ 1592 trench) 2 LF $__________ $_________________ 95 trench) 3 LF $__________ $_________________ 1207 street) $_________________ 4 LF $__________ 20 trench) Excavate, trench, 5 LF $__________ 2227 $_________________ trench) 6 LF $__________ 85 $_________________ trench) 7 LF $__________ 64 $_________________ trench) 8 LF $__________ 32 $_________________ trench) 9 LF $__________ 987 $_________________ 10 SF $__________ 1412 $_________________ 11 SF $__________ 1962 $_________________ 12 SF $__________ 2965 $_________________ 13 SF $__________ 2607 $_________________ $_________________ 14 FT $__________ 997 installation $_________________ cluding 15 FT $__________ 10,944 installation $_________________ 16 FT $__________ 35 installation $_________________ 17 FT $__________ 1084 36: GOBBI STREET UNDERGROUNDING PROJECT 53 Spec. No. 19-03 $_________________ 18 FT $__________ 16,098 $_________________ 19 FT $__________ 808 installation $_________________ 20 FT $__________ 1614 installation $_________________ 21 FT $__________ 4158 installation $_________________ 22 FT $__________ 3226 installation $_________________ Sidewalk removal and replacement for installation of 23 SF $__________ 675 electric, cable & AT&T vaults and boxes $_________________ Curb and gutter removal and replacement for 15 24 installation of electric, cable & AT&T vaults and LF $__________ boxes $_________________ Excavate, backfill, compaction and install cable 25 EA $__________ 12 service vault (B48) $_________________ Excavate, backfill, compaction and install cable 26 EA $__________ 8 service vault (N36) $_________________ Excavate, backfill, compaction and install cable 27 EA $__________ 12 service vault (N30) $_________________ Excavate, backfill, compaction and install AT&T 28 EA $__________ 25 service BOX (24 X 36 X 30 AT) $_________________ Excavate, backfill, compaction and install AT&T 29 EA $__________ 4 service BOX (30 X 60 X 48 AT) $_________________ Excavate, backfill, compaction and install Pedestal 30 EA $__________ 6 Box Pad (City to Provide) $_________________ Excavate, backfill, compaction and install Concrete 31 EA $__________ 2 Vault (City to Provide Vault 48) $_________________ Excavate, backfill, compaction and install Pedestal 32 EA $__________ 3 Box Pad (City to Provide) $_________________ Excavate, backfill, compaction and install 33 EA $__________ 2 Transformer Box Pad (City to Provide) $_________________ Excavate, backfill, compaction and install Padmount 34 EA $__________ 1 Switch Box Pad (City to Provide) $_________________ Excavate, backfill, compaction and install Secondary 35 EA $__________ 19 Service Box (City to Provide) $_________________ Driveway, sidewalk, AC removal and replacement 815 36 behind right-of-way along Leslie and Marshall Streets SF $__________ (residential and commercial property) $_________________ Landscape removal and replacement on Gobbi, 37 LS $__________ 1 Marshall, Leslie Streets and Orchard Avenue 371 GOBBI STREET UNDERGROUNDING PROJECT 54 Spec. No. 19-03 $_________________ Lane striping 38 FT $__________ 1400 $_________________ Traffic Loop Repair 39 LS $__________ 2 $_________________ 40 FT $__________ 2115 $_________________ Streetlight foundations including sidewalk removal 22 41 and replacement and streetlight standard and EA $__________ luminaire installation $_________________ Install streetlight junction boxes and make electric 42 EA $__________ 23 connections. $_________________ #8 AWG copper conductor including installation 43 FT $__________ 6750 $_________________ #12 AWG conductor including installation 44 FT $__________ 5000 $_________________ ing (Electric) including 45 LF $__________ 14 installation $_________________ 46 LF $__________ 14 including installation $________________ 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:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number: _________________________________________________________________ 372 _________________________________________________________________ GOBBI STREET UNDERGROUNDING PROJECT 55 Spec. No. 19-03 _________________________________________________________________ _________________________________________________________________ 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. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 373 GOBBI STREET UNDERGROUNDING PROJECT 56 Spec. No. 19-03 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. GOBBI STREET UNDERGROUNDING 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.) 374 GOBBI STREET UNDERGROUNDING PROJECT 57 Spec. No. 19-03 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: __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ 375 GOBBI STREET UNDERGROUNDING PROJECT 58 Spec. No. 19-03 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.) 376 GOBBI STREET UNDERGROUNDING PROJECT 59 Spec. No. 19-03 LIST OF PROPOSED SUBCONTRACTORS In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1- 09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number. SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR DIR DESCRIPTION BUSINESS NAME LICENSE NUMBER REGISTRATION OF WORK ADDRESS NUMBER 377 GOBBI STREET UNDERGROUNDING PROJECT 60 Spec. No. 19-03 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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 378 GOBBI STREET UNDERGROUNDING PROJECT 61 Spec. No. 19-03 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: __________________ 379 GOBBI STREET UNDERGROUNDING PROJECT 62 Spec. No. 19-03 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 <<DATE OF BID OPENING>> for GOBBI STREET UNDERGROUNDING PROJECT, SPECIFICATION 19-03. 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: __________________________________________________________ __________________________________________________________ __________________________________________________________ 37: GOBBI STREET UNDERGROUNDING PROJECT 63 Spec. No. 19-03 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submitting with his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing SPEC. 19-03, GOBBI STREET UNDERGROUNDING 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 ____. 381 GOBBI STREET UNDERGROUNDING PROJECT 64 Spec. No. 19-03 CITY OF UKIAH Mendocino County, California AGREEMENT FOR GOBBI STREET UNDERGROUNDING PROJECT Specification No. 19-03 THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor, WITNESSETH: WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH: Article 1. Work to be Done and Contract Days Allowed. That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within one-hundred (100) 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 Article II. Contract Prices. GOBBI STREET UNDERGROUNDING PROJECT 65 Spec. No. 19-03 382 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 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. GOBBI STREET UNDERGROUNDING PROJECT 66 Spec. No. 19-03 383 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 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. GOBBI STREET UNDERGROUNDING PROJECT 67 Spec. No. 19-03 384 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 GOBBI STREET UNDERGROUNDING PROJECT 68 Spec. No. 19-03 385 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 arise 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: _______________________________________________ GOBBI STREET UNDERGROUNDING PROJECT 69 Spec. No. 19-03 386 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 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) 387 GOBBI STREET UNDERGROUNDING PROJECT 70 Spec. No. 19-03 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 $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached). (CERTIFICATE AS TO CORPORATE PRINCIPAL) I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body. ____________________________________________ Affix Corporate Seal 388 GOBBI STREET UNDERGROUNDING PROJECT 71 Spec. No. 19-03 CITY OF UKIAH Mendocino County, California MATERIAL AND LABOR BOND KNOW ALL MEN BY THESE PRESENTS, That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and __________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH dollars ($____________________) 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) 389 GOBBI STREET UNDERGROUNDING PROJECT 72 Spec. No. 19-03 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 38: GOBBI STREET UNDERGROUNDING PROJECT 73 Spec. No. 19-03 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. 391 GOBBI STREET UNDERGROUNDING PROJECT 74 Spec. No. 19-03 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 392 393 394 395 396 397 398 399 TYPICAL DEAD FRONT JUNCTION PEDESTAL INSTALLATION PLAN VIEW Compacted Class II Base PEDESTAL DIMENSIONS 2' BELOW GRADE 72" X 43" ~24" min. Stub conduit up min. 6" above compacted base. typ. AT GRADE LEVEL Position 8-16" behind front of pedestal. 56" X 30" 8" -16" Front of pedestal END PROFILE VIEW Front of pedestal Stub conduit up min. 6" above Bottom of trench depth compacted base, 8-16" behind using 4" conduit 52" front of pedestal. Bottom of trench depth Ground Level at pedestal - 60". Grade 2' Compacted Compacted Class II Base and backfill Compacted52" Class II Base 60"Per City Standard Drawing No. 220 Typ. Class II Base Sand Trench must be increased in depth the last 15 to 20 feet to a maximum depth of 5 feet. 39: 3:1 3:2 3:3 3:4 3:5 3:6 3:7 3:8 3:9 3:: 411 412 413 414 415 416 Drawing name: C:\\Documents and Settings\\Al Smatsky\\AutoCAD Files\\City of Ukiah\\Ukiah OH UG Eng Specs\\Engineering Standards\\Underground\\UKIAH 48 H-20 Cover 922 5703.dwg Plotted on: Feb 01, 2011 - 4:40pm 417 Drawing name: C:\\Documents and Settings\\Al Smatsky\\local settings\\temp\\AcPublish_10248\\UKIAH 48 922 5764.dwg Plotted on: Feb 01, 2011 - 1:02pm 418 419 41: 421 422 423 424 425 426 AT&T Specifications Trenching Conduit Boxes A Guide for California Residential Property Owners in a Municipal Underground District 0B This guide consists of AT&T California specifications and diagrams for trenching and underground support structure and other make ready work performed by property owners and their agents as required by AT&T for conversion of its aerial communication facilities on residential private property. Any deviation from the specifications provided in this document must be approved by the local AT&T Engineer. AT&T California 427 TABLE OF CONTENTS U General Information on Underground Districts U.......3 U General Construction Requirements U.......................3 U Trenching U....................................................................4 U Conduit U.......................................................................5 U Pull Boxes U...................................................................6 U Pull Box Diagram U..........................................................................7 U Bonding and Grounding U...........................................8 428 AT&T California 2 General Information on Underground Districts Your local municipality has passed an ordinance in your neighborhood for the conversion of aerial communication and power facilities to underground facilities. The area to be converted from aerial to underground facilities is referred to as the “District”. AT&T’s California Public Utility Commission Tariff Schedule A2 defines responsibilities for both the property owner and AT&T to convert the communication facilities on private property as described below. The property owner is responsible for the trenching and underground supporting structure (conduit and pull boxes) between the public way and the building on your private property. AT&T is responsible for converting the existing aerial service wire or cable to underground using the supporting structure provided by the property owner. The trench work on the private property must be completed prior to the start of construction scheduled for your neighborhood street. General Construction Requirements 4.Construct trench and place substructures according to AT&T plans and specifications. 5.Request and get authorization for any design change from the AT&T engineer or AT&T inspector prior to implementing the change. 6.Call\[insert phone no.\] for questions or information regarding the requirements in this Guide. 7.All trenching and conduit work must be completed on your private property before the scheduled date for conversion of facilities on your neighborhood street. 429 AT&T California 3 Trenching 1.The trench route from the telephone box on your house to the boundary of the street at your property line will be determined by AT&T. 2.Minimum radial clearance from all other trench occupants, except CATV, must be no less than 12 inches. A minimum 24” of coverage (dirt backfill) over the conduit is required within 5’ of your property line (trench depth should be 27”). A minimum of 18” of coverage is acceptable for the remainder of the trench. 3.There may be no more than two 90 degree bends or a combination of bends that exceed 180 degrees total. If this requirement can not be met, then a minimum size 11” x 17” pull box must be installed in the conduit run in lieu of the bend. Consult with the AT&T engineer if necessary. TELCO (AT&T) ONLY TRENCH JOINT TRENCH FINAL GRADEFINAL GRADE 24” MIN. 24” MIN. 12” SAND12” SAND T GTC 1” SAND (TYPICAL) 12” SEPARATION S P 3” SAND (TYPICAL) TGCPS TELCO GAS CABLE PRIMARY POWERSECONDARY POWER 42: AT&T California 4 Conduit Conduit placed for AT&T must be for its exclusive use. AT&T will not occupy the same conduit with other utilities or foreign cable/communication systems. AT&T may refuse to occupy conduit that deviates from our plans and specifications. The property owner is responsible for repairing or resolving any problems with the conduit they have installed that prevents AT&T from pulling its wire through the conduit using normal installation methods. Conduit must be rodded, cleared, and roped prior to AT&T pulling in wire. U Material Requirements 1.Two inch (2”) conduit must be type PTS 66/DB 120 rigid plastic or Schedule 40. Minimum sweep for 2” conduit is a two ft 90 degree radius Maximum of two (2) 90 degree bends Install one quarter inch (1/4”) plastic rope pull line, No. 12 pull wire, or weather proof pull tape 2.Rigid steel, condulets, plumber’s fittings, flexible tubing, or water and gas pipes are not acceptable materials. U Installation Requirements 1.Minimum trench coverage for conduit is detailed under Trenching. 2.Conduit must be terminated into the ends or sides of the box. Conduit may not enter the bottom of the box. 3.Conduits at the house must be plugged by the property owner to provide a seal against water intrusion. 4.Use a temporary universal plug to keep conduit free of debris. Cap all stubbed conduit. Stake conduit at property line for AT&T tie-in. 431 AT&T California 5 Pull Boxes U Material Specifications All pull boxes that will be owned and maintained by the property owner must be approved for use by AT&T. You may purchase from any manufacturer that meets AT&T’s specifications for boxes. Boxes placed on private property and owned by the property owner must have a generic telephone emblem on the lid. The use of AT&T’s name or logo is not permitted on a property owner’s box. The pull box must be for AT&T’s exclusive use. AT&T will not install its facilities in any box that is also being used by other utilities. U Installation Specifications for Boxes 1.Boxes must be installed at the final grade of the property. 2.A pull box for drainage and to prevent water from entering your house is required on your property at the property line when the conduit to the telephone box on your house is below sidewalk elevation or when your house is more than 2% down grade from the street elevation. 3.A minimum of six inches (6”) of compacted sand, graded level is required under all pull boxes. Equip each box with sump hole and crushed rock for drainage. 4.Conduit must terminate at the end wall or side wall of a pull box. Entry through the bottom of a box is not acceptable. 5.All conduits entering knockouts in a plastic or polymer box must be cut within one inch (1”) flush with the inside of the wall and sealed. Bush ends on conduit to remove sharp edges. All joints must be mortared and all unused ports and openings sealed. Use cement mortar, water plug cement or other approved prepared mortars. 432 AT&T California 6 CONDUIT TERMINATIONS IN PULL BOXESCONDUIT TERMINATIONS IN PULL BOXESCONDUIT TERMINATIONS IN PULL BOXES 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT 2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT TO HOUSETO HOUSETO HOUSETO HOUSETO HOUSETO HOUSETO HOUSETO HOUSE TOP VIEWTOP VIEWTOP VIEWTOP VIEWTOP VIEWTOP VIEWTOP VIEW 4”4”4”4”4”4”4”4” ACCESS ACCESS ACCESS ACCESS ACCESS ACCESS ACCESS ACCESS OPENINGOPENINGOPENINGOPENINGOPENINGOPENINGOPENINGOPENING END WALLEND WALLEND WALLEND WALLEND WALLEND WALLEND WALLEND WALLEND WALL SUMPSUMPSUMPSUMPSUMPSUMPSUMPSUMP SIDE WALLSIDE WALLSIDE WALL 2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT2” SERVICE CONDUIT SIDE VIEWSIDE VIEWSIDE VIEWSIDE VIEWSIDE VIEWSIDE VIEWSIDE VIEW 4” 4” 4” 4” 4” 4” 4” 4”4”4”4”4” 4”4”4”4”4”4”4” END WALLEND WALLEND WALLEND WALLEND WALLEND WALLEND WALL DO NOT INSTALL SERVICE CONDUITS INTO THE BOTTOM OF THE BOXDO NOT INSTALL SERVICE CONDUITS INTO THE BOTTOM OF THE BOXDO NOT INSTALL SERVICE CONDUITS INTO THE BOTTOM OF THE BOX 433 AT&T California 7 Bonding and Grounding Bonding and grounding requirements must meet the National Electrical Code. Grounding Options are listed in the order of preference. 1.#10 copper ground wire to Electrical Power Service Grounding Electrode, Service Grounding Electrode Conductor or Service Panel 2.#10 copper ground wire to a Concrete-Encased Electrode meeting the requirements of the NEC (UFER Ground) 3.#10 copper ground wire to a Ground Ring meeting the requirements of the NEC or to the metal frame of the building which is effectively grounded. 434 AT&T California 8 436 437 438 439 43: 441 442 Elbows Minimum Conduit 3 Conduit in TrenchBoring 1 Streetlight MATCH LINE B - B SHEET 3 OF 13 AMS AMS 3/4/19 MATCH LINE D - D SHEET 5 OF 13 AMS AMS 3/4/19 MATCH LINE B - B SHEET 2 OF 13 MATCH LINE F - F SHEET 7 OF 13 AMS AMS 3/4/19 MATCH LINE D - D SHEET 3 OF 13 AMS AMS 3/4/19 AMS AMS 3/4/19 MATCH LINE F - F SHEET OF 5 OF 13 AMS AMS 3/4/19 AMS AMS 3/4/19 MATCH LINE AA - AA SHEET 11 OF 13 AMS AMS 3/4/19 AMS AMS 3/4/19 MATCH LINE AA - AA SHEET 10 OF 13 MATCH LINE A1 - A1 SHEET 13 OF 13 AT&T C E L E C E L E C E L E V T CA TV A C V T A C V T CA TV A C T &C TE AL E T & T AT & T A T & T A T &T T&C TE AAL E T &C TE AL E &T T A T & AT T T& A &TT TT& AA &T T AT T& A T & AT AT&T T T&&T AT A T T& &AT AT T & ATT T& TA & AT T & AT T T& A T T& TA & AT T V T& AT A C T T& A TV A C V T CA V T A C V T A C T ELEC & T C E L E CATVC AE L E C E L C E LE CE LE E C E L E V TT C E L &E A T C A V T TA C & T TV& VAT TTCA VA ATC C A VT T& VAT VVTCA TTA AAC CC V VT VTA VTAC TAC AC C TV VVA TATC ACT C& T AC E L E VVV TTVT AATA CCAC C C E L E VVV TTAT AAC CC&T TEC AL E V T ATV CA C C E CL LEE E V T AT CT& A T C& EECTT LLA EE& T A TEC T&L &TE TA A C ET L& ET A T & T AC LEEC EL E V T A C C E L EV T A C C E L EC CE LEEL E C CEC VELLE TELEE A CV T A C CC ELE LE ET & T A C CE LEL EE T & T A EC L CE E L E V T A C T & T A V T A C T & T A T & T A AMS AMS C LE E C LE E EC LEC EL E EC V EL T A C C EC ELLE E C LE E EC LC ELE E C LE CE LE E C E CEL E CEL E EL AT&T C LE CE LE E C T&T E A EL C E L E C LE E V T 3/4/19 A C ELECCELEC E L VE T A C ELEC T & T A T & T A CATVVTAC AT&T AT&T ELEC T & T A T & T A C E L E C E L CEEC EL LE E EC L EC CE EL ELE C E L E C E LC EE L E C LE E C E EL C E L E TV ELECA C V AT ELECC V T A C ELEC V T CA ELEC V T A C V T A C V T A C CATVCATV AT&T N L IO RZ O P T T& A EC EL LEC E TC &ELE T ACLEC ELEE LEC E ATV C CATV TV CA TVAT&T CA T ATVAT& C &T AT T&TT&T AA T AT&TAT& T AT& &T AT T&T A T & T T & A T A ELEC ELEC ELEC T T&ELEC A T &T ATT& A &T T&T AAT T &T AT&T AT& AT T T& A T T&T AT& AT & AT &TT TT& ATA T& A &T T &TA T A T T& A TV A C TV A C V T AV CAT C V T AV CT CA TV A CV T CA TV A C AT&T TV A C C E L E C E ELECL E C E LC ELE E C LE EC E L CE E L E C ECE LL ECE E L CE LEC EE LC ELE E CC EE LEL EC E CATVL E C E LEC EL E C LE CATVE C E EL CC EE LEL CATVCE E L E CC ELE LE E C E L E C LE CE E L E C E L E C E L E C LE E C E EL C E L E C E L E C E L EC AT&T LE E C LE E C E L E C E L E ELEC MAIN ST V T A C C E L E C E L E V TC ALE E C CC EE LL EE C E L E C E L E C CE LEL EE C E L E C LE E C E L E T & TT A & T A T & T A T & T A T & T TA & T A T & T A T T& A T & T A T T&&T AT A T &T TT& AA T &&TT ATT&T ATT& AA T &T T& AAT &TT T&T ATT& AA T & AT T &T TT& AA T T& A T S ETA TS TS ET AT S CELE CEL E CELE CE LE CE CLE ELE C ELE CELE CE LE CELE CELE CEL E CE VTLE AC V TAC V TAC VTAC VTAC VTA C VTA CVTA C VTA CVT AC VT T&TAAC V T&TATAC V T&TTAC A T&TVTAC A T& TA T &TA T&TA T&TA C E L E C E EL C LE E C E EL C E L E C E L E C E L E C E L EC E L E C E L E C E L E AT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T E V A DR AH CR O S EV A DR A HC RO S CEL E CE LE CE LE TC &TAELE VTAC C T&TAELE T&TCEL AE T&TCEL AE T&CE TALE T &TA VTA C AT&T AT&T AT&T AT&T AT&T AT&T AT&T AT&T CATVCATVCATVCATV CATVCATVCATVCATV CATVCATVCATVCATV CATVCATVCATVCATV AT&T AT&T AT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T AMS AMS CATVCATVCATVCATV 3/4/19 AT&T AT&T AT&TAT&T AT&TAT&T AT&TAT&T AT&TAT&T AT&T AT&T CATVCATVCATVCATV AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&T CATV T& TA AT&T 81- S VT AC CELE VTA C VT AC V TAC V TACV VTAC VTAC TAC VVTAC TAC VTAC V TACVTAC VTACVTA C VTV ACTAC VT AC VTACV TAC T&T AVTAV CTAC VTA C T &TA V TTAC T&TA &TA VTAC TT& &TATA TT &TA&TA T T&TA&TA T&TA T&T AT&TAT& TA T& TAT&T A T& TAT&T A T& TAT& TA T &TAT& TA T &TAT &TA T &TAT CELCELE&TA E T&TA CECELE LE T&TA C ELE T&TA C ELECELE T&T CA ELECEL E CELE C ELE TS EIL SEL T S EILS EL T S E ILS EL AT&T AT&T CATV AT&T AT&T AT&T AT&T AT&TAT&TAT&TAT&TAT&TAT&TAT&T AT&TAT&TAT&TAT&TAT&TAT&TAT&T CATV WAUGH LN TV A C ATV C V T CA TV A C V T A C V T CATVA C ELECELEC ELEC ELECELECELEC ELEC ELECELECELECELEC MATCH LINE A1 - A1 SHEET 12 OF 13 RESOLUTION NO. (2019) A RESOLUTION OF THE COUNCIL OF THE CITY OF UKIAH ESTABLISHING AN INTERFUND LOAN (ADVANCE) BETWEEN THE ELECTRIC FUND (800) AND STREET LIGHTING FUND (805) FOR THE GOBBI STREET UNDERGROUND PROJECT, SPEC NO. 19-09, MUNIS PROJECT NO. 18045 WHEREAS, the Citys debt management policy (2017) allows for long-term (greater than one year) interfund borrowing to finance high-priority needs and at a reduced interest cost compared to external borrowing; THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that the Electric Fund (800) is approved and authorized to advance the Street Lighting Fund (805) $200,000.00 with details and terms outline in Exhibit A attached. The foregoing Resolution was passed and adopted at a regular meeting of the City th Council on the 20 day of March, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAINING: MAUREEN MULHEREN, Mayor ATTEST: KRSTINE LAWLER, City Clerk 456 RESOLUTION NO. (2016) Page 1 EXHIBIT A INTERFUND NOTE (Advance To/From) DESCRIPTION: Funding for the Gobbi Street underground project, Spec No. 19-03, Munis project no. 18045 ADVANCE AMOUNT: $200,000.00 FUNDS: Lending fund (Advance to) ELECTRIC FUND (800) Borrowing fund (Advance from) STREET LIGHTING FUND (805) REPAYMENT TERMS: Origination date: March 20, 2019 Maturity: March 19, 2024 (5 years) Interest rate: Variable, based on LAIF Average Annual Yield tables beginning 2017/18 (1.376%) AMORTIZATION SCHEDULE: SPECIAL NOTES: 1. Interest rate is variable based on LAIF Average Annual Yield tables beginning with fiscal year 2017- 18. Actual interest rate beginning for payment no. 2, due March 19, 2021, will be based on the LAIF Average Annual Yield for fiscal year 2018-19. 457 RESOLUTION NO. (2016) Page 2 458 459 Buubdinfou2 ORDINANCE NO. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 9 TO CHAPTER 2 OF DIVISION 2 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Article 9, entitled: Wireless Telecommunication Facilities, is hereby added to Chapter 2 of Division 2 of the Ukiah City Code and shall read as follows. ARTICLE 9. WIRELESS TELECOMMUNICATION FACILITIES §2390 PROMULGATION OF AESTHETIC GUIDELINES FOR DEPLOYMENTS OF WIRELESS TELECOMMUNICATIONS FACILITIES IN THE CITY OF UKIAH Aesthetic guidelines for wireless telecommunications facilities shall be adopted and amended by the City Council by resolution. The first such resolution shall be adopted and become effective prior to April 15, 2019. SECTION TWO. URGENCY ORDINANCE This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows: 1. On September 26, 2018, the Federal Communications Commission adopted a FCC 18-133 deployment and interpreting the requirements imposed on local governments by the Telecommunications Act of 1996. Regulations published in the Federal Register implementing the Declaratory Ruling became effective on January 14, 2019. 2. The Regulations require local agencies that wish to enforce aesthetic requirements on small cell wireless facilities to adopt such requirements by April 15, 2019. Any aesthetic ensome than those applied to other types of infrastructure deployments; and (3) objective and published in 3. If the City does not have aesthetic guidelines for small cell wireless facilities in place by April 15, 2019, the City may lose the opportunity to enforce aesthetic requirements that will protect the public health, safety, and welfare. SECTION THREE. FINDINGS. CITY COUNCIL AUTHORITY TO ADOPT ORDINANCE. 1. This Ordinance deals with the adoption of aesthetic guidelines for deployment of small cell wireless facilities. It will enact only minor changes in land use regulations, and its adoption will not allow for the development of any new or expanded wireless telecommunication facilities 45: 1 anywhere other than where they were previously allowed under existing federal, state and local law. 2. California Government Code § 65853 states that a zoning ordinance or an amendment to a zoning ordinance, in which the ordinance or amendment changes any property from one zone to another or imposes, removes, or modifies any regulation listed in Government Code § 65850, must be subject to a public hearing and recommendations by the Planning Commission prior to introduction of the ordinance by the City Council. 3. The regulations listed in Government Code § 65850 are as follows: (a) Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. (b) Regulate signs and billboards. (c) Regulate all of the following: (1) The location, height, bulk, number of stories, and size of buildings and structures. (2) The size and use of lots, yards, courts, and other open spaces. (3) The percentage of a lot which may be occupied by a building or structure. (4) The intensity of land use. (d) Establish requirements for off-street parking and loading. (e) Establish and maintain building setback lines. (f) Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts. 6. Because the proposed Ordinance does not regulate any category of regulation enumerated in Government Code § 65850, the introduction and adoption of this Ordinance does not first require a public hearing before and recommendations from the Planning Commission. SECTION FOUR 1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because there is no possibility that it may have a significant effect on the environment. In addition, wireless facilities themselves are exempt from CEQA pursuant to State CEQA Guidelines Section 15305, which exempts minor encroachment permits, and Section 15303, which exempts the installation of small equipment and facilities in a small structure. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced and Adopted on March 20, 2019, by the following roll call vote: AYES: NOES: 461 2 ABSENT: ABSTAIN: _______________ Maureen Mulheren, Mayor ATTEST: _______ Kristine Lawler, City Clerk 462 3 463 464 465 BUUBDINFOU2 466 Current General Plan: 467 Community engagement and outreach: 468 469 o o o o o 46: Separately sealed 471 472 COU No. ______________ AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this day of , 2008 , by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and _________________,a _____________\[sole proprietorship, corporation, partnership, limited partnership, limited liability company, etc.\]organized and in good standing under the laws of the state of ______________,hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a.City requires consulting services related to ________________________________. b.Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. c.City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0DESCRIPTION OF PROJECT 1.1The Project is described in detail in the attached Scope-of-Work (Attachment "A"). 2.0SCOPE OF SERVICES 2.1As 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. 3.0CONDUCT OF WORK 3.1Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within ________________from receipt of the Notice to Proceed. Consultant shall completethe work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4.0COMPENSATION FOR SERVICES 4.1Basis for Compensation. For the performance of the professional services ofthis Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $-------. Labor charges shall be based upon hourly billing rates for the various classifications of personnelemployed by 473 Consultant to perform the Scope of Work as set forth in the attached AttachmentB, Std ProfSvcsAgreement-November 20, 2008 PAGE 1OF7 COU No. ______________ which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to- exceed guaranteed maximum, even if actual time and expenses exceed that amount. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement. 4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. 4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed. 5.0 ASSURANCES OF CONSULTANT 5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City. Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. 474 Std ProfSvcsAgreement- November 20, 2008 PAGE 2 OF 7 COU No. ______________ 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 local conflict of interest code, the Consultant shall file the required disclosure form with 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. include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 475 Std ProfSvcsAgreement- November 20, 2008 PAGE 3 OF 7 COU No. ______________ 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. C. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 476 Std ProfSvcsAgreement- November 20, 2008 PAGE 4 OF 7 COU No. ______________ 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from ------ to ------------. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the 477 City. Std ProfSvcsAgreement- November 20, 2008 PAGE 5 OF 7 COU No. ______________ payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. 7.0 CONTRACT PROVISIONS 7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A". All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City. 7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of 478 termination is given to Consultant. City shall pay the Consultant only for services Std ProfSvcsAgreement- November 20, 2008 PAGE 6 OF 7 COU No. ______________ performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH -------------- DEPT. OF_____________ -------------- 300 SEMINARY AVENUE -------------- UKIAH, CALIFORNIA 95482-5400 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: CONSULTANT BY: __________________________ ____________________ Date PRINT NAME: _________________ __________________ IRS IDN Number CITY OF UKIAH BY: ____________________ Date CITY MANAGER ATTEST ____________________ CITY CLERK Date 479 Std ProfSvcsAgreement- November 20, 2008 PAGE 7 OF 7 INSURANCE REQUIREMENTS FOR CONSULTANTS Consultant(s)shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant(s), his agents, representatives, or employees. I.Minimum Scope of Insurance Coverage shall be at least as broad as: A.Insurance Services Office Commercial General Liabilitycoverage (Form No. CG 20 10 10 01 and Commercial General Liability Completed Operations Form No. CG 20 37 10 01). B.Insurance Services Office form number CA 0001(Ed. 1/87) covering Automobile Liability, code 1 (any auto). C.insurance as required by the State of Califor Insurance. D.Errors and Omissions liability II.Minimum Limits of Insurance Consultant shall maintain limits no less than: A.General Liability:$1,000,000 per occurrencefor bodily injury, personal injury and property damage including operations, products andcompleted operations, as applicable. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.Insurance must be written on an occurrence basis. B.Automobile Liability: $1,000,000 per accident for bodily injury and property damage.Insurance must be written on an occurrence basis. C.1,000,000 per accident for bodily injury or disease. D.Errors and Omissions liability: $1,000,000 per occurrence.If written on a claims-made basis, insurance coverage must cover claims filed within 3 years after contract work completed. III.Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The Citymay requirethe insurer to reduce or eliminate such deductibles or self-insured retentions withrespecttothe City, its officers, officials, employees and volunteers; orthe Consultant to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee. IV.REQUIRED Insurance Provisions Proof of general liability and automobile liabilitypolicies are to contain, or be endorsedto contain, the following provisions: A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSUREDwith respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment,furnished in connection with such work or operations. General liability coverage can be provided in the form of an 47: Page 1of 2 B. The is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as ensation policy. primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled receipt requested, has been given to the City. V. RATING - Acceptability of Insurers no less than A-for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. VI. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms s forms, those endorsements must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. If you have questions regarding our insurance requirements contact: Risk Manager (707) 463-6287 or FAX (707) 463-6204 481 Revised: 11/20/08 Page 2 of 2 482 483 484 Revised Per Addendum 1 REQUEST FOR CONSULTANT PROPOSALS FOR PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT AND OTHER RELATED ADVANCED PLANNING SERVICES City of Ukiah Community Development Director 300 Seminary Ave. Ukiah, CA 95482 (707) 463-6219 Issue Date: February 4, 2019 Deadline for Submissions: March 1, 2019 485 CITY OF UKIAH REQUEST FOR PROPOSAL PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT AND OTHER RELATED ADVANCED PLANNING SERVICES I. INTRODUCTION AND BACKGROUND The City of Ukiah, California was incorporated in 1876 and is the largest city and county seat in Mendocino County. Ukiah is a full service city, providing its own municipal electricity services, sewer/water services, a municipal airport, and fire and police services. Located two hours north of the Golden Gate Bridge along the Highway 101 corridor and near the east/west intersection of Highway 20, Ukiah is strategically situated for attracting and expanding businesses. Ukiah is in the midst of an expansion in development and building activity. Tourism has also significantly increased, with visitor spending up nearly 50% since 2010. Although the 2010 Census pegged the approximately 35,000, which is likely due to Ukiah being the employment, business, education, and shopping hub for much of Mendocino and Lake Counties. This increase in growth is occurring at a time when Ukiah, which encompasses an area of 4.67 square miles, is mostly built out. Although little annexation has occurred over the last 25 years, municipal services provided by the City are largely The City of Ukiah is governed by five (5) Councilmembers elected at large, one of whom serves as Mayor. The City Council appoints the City Manager who implements policy set by the City Council. T Planning Commission, appointed by City Councilmembers, is comprised of five (5) Planning Commissioners and acts as a recommending body to the City Council. The City Council and City Staff pride themselves on the high quality delivery of services to residents. This is accomplished in part through shared values adopted by City Council and Staff that reflect commitment innovation, and safety. Current General Plan: The existing General Plan was comprehensively updated and adopted in 1996 and encompasses a time frame from 1996 2016. Since 1996, the Housing Element has been updated regularly as required by State law, with the current version having been adopted in March 2016. Besides a minor amendment completed to the Circulation and Transportation Element in 2004, none of the other elements have been comprehensively revised since 1996. The current General Plan is comprised of 13 elements: Open Space and Conservation Element Noise Element Safety Element Energy Element Airport Element Parks and Recreation Element 486 Ћ Historic and Archeological Resources Element Community Facilities and Services Element Circulation and Transportation Element Housing Element Community Design Element Economic Development Element Land Use Element The General Plan update is envisioned as a major rewrite of the Land Use Element, Circulation Element, Economic Development Element, and Safety Element (particularly to include Climate Change) and a The General Plan update is envisioned as a minor rewrite update of the majority of the remaining elements, including any consolidation necessary for producing a streamlined General Plan. The Environmental Justice Element should be integrated into the elements or developed as a stand-alone element, whichever is more cost effective. Ultimately, a goal of this update is to produce a General Plan that is accessible and implementable. The City also anticipates needing assistance on other advanced planning services and for the research and preparation of its Housing Element, which must be certified by the California Department of Housing and Community Development (HCD) no later than 120 days after August 15, 2019. The Housing Element update is to encompass the additional requirements from the 2017 housing package and reflect the latest Regional Housing Needs Allocation (RHNA) requirements provided by the Mendocino County Council of Governments (MCOG). Other advanced planning services may include assistance in annexation, sphere of influence updating, and municipal service review, preparation of CEQA documents, etc. Staff in the Community Development Department will assume the responsibilities for public notification, scheduling of meetings, website maintenance, and public outreach. City Staff also anticipates assisting the consultant in the writing and preparation of sections of the General Plan update. For the Housing Element update, City Staff will lead in the preparation of the update with consultant assistance on research and data mining. II. SCOPE OF WORK The scope of work includes an update of the 1996 City of Ukiah General Plan, including a minor update torewrite of a majority of the elements and major rewrite of certain elements described in Section I andabove and preparation of an environmental impact report for the updated General Plan. The scope Element and other related advance planning services as needed. The City is interested in applying its resources wisely and in a cost-effective manner. The City also recognizes that although all elements of the general plan are important, including optional elements, not all need to be addressed in a general plan. The City is prepared to minimize or eliminate some of the discretionary elements and will work with the consultant to identify the elements in question. Community engagement and outreach: It is in the interest of the City of Ukiah to have a robust, inclusive, and informative community engagement program. It is also in the interest of the City to have Staff and community volunteers be involved in community engagement activities. The role of the consulting team will be to organize and arrange content for the community workshops and assist Staff in organizing and facilitating meetings. The consultant will also serve as a resource to Staff, as well as monitor the direction and outcome of the public review process and incorporate the input into the updated General Plan. 487 Ќ The community engagement process for the General Plan update is anticipated to include at least three categories of workshops open to the public: 1) an introductory workshop/visioning session, 2) a workshop present alternative recommendations, and 3) a workshop/hearing to present the preferred alternative(s). Each category of workshops will include public meetings focused on one or more groups, such as the general public, Planning Commissioners, City Councilmembers, etc. The number of meetings to be held within each workshop category to engage broad public comment will be determined based on input from remaining for the project. III. SCOPE OF SERVICES sample of which is provided for as Attachment 1. Services to be provided by the selected consultant include the following: 1. Establish one individual who for all services performed under contract. 2. Work as an extension of City Community Development Department Staff. Maintain an open dialogue with Staff and work closely with the City review team to update existing goals and policies from the 1996 General Plan. 3. Research and prepare reports; and facilitate meetings and workshops with City Staff, Planning Commissioners, City Councilmembers, and the public to gather input, collaboratively explore ideas, and present findings. 4. Provide a Draft Environmental Impact Report (EIR), Final EIR and all supporting documents necessary to comply with the requirements of the California Environmental Quality Act. 5. Document current conditions, establish goals for t achieving those goals within the appropriate elements of the General Plan. 6. Provide consistency with the State Office of Planning and Research 2017 General Plan Guidelines. 7. Integrate all documents and elements to provide internal consistency in content and appearance. Eliminate redundancy between elements as much as possible. 8. Element. 9. After receiving comments from City Staff, incorporate revisions and prepare revised draft Plan(s). 10. Present the final draft General Plan Update and draft EIR at a public hearing before the Planning Commission for their recommendation to the City Council and at a public hearing before the City Council for their consideration of approval as required for Plan adoption. IV. SCHEDULE 488 Ѝ Proposals Released: February 4, 2019 Proposals Due: 5:00 p.m., March 1, 2019 Initial Proposal Evaluation Completed: March 5, 2019 Interviews (if necessary): March 6, 7, 8, 2019 City Council Award: March 20, 2019 Contract Execution: March 26, 2019 V. BUDGET The City has allocated approximately $400,000 for the General Plan update, including the associated EIR, and would like to accomplish the work within this budget if practicable. Under Item VI.C of the approaches that use existing resources, limit less critical technical studies, and potentially utilize City Staff for some tasks or processes are encouraged. Consultants may propose optional approaches or tasks that the City could consider to better or more cost effectively achieve its goals. Additional services, including assistance with the update of the Housing Element, will receive ary process. VI. REQUIRED PROPOSAL CONTENTS The City welcomes a response to the RFP in that best expresses the qualifications of the respondent. In general, lengthy or overly complex responses are discouraged. To demonstrate its qualifications, ability to perform the services described in this RFP, and its proposed methodology for performing these services, the consultant shall submit proposals containing the following information, as described below. A. Qualifications Identify by name and position the proposed Project Manager and include a detailed resume for this individual. If the Project Manager is different from the person who will be the actual key contact with City Staff, identify this person and include a detailed resume. List the name, position, brief resume, and proposed responsibilities for all other key personnel. Indicate their present assignments and availability. Include alternate personnel that would be used if the persons identified as key personnel are not available at the time a specific project issue arises. Describe any special resources the project team may bring to the Project, such as specific recent experience working on related projects and recent experience on City of Ukiah or other local (Mendocino County) projects. B. Experience List and briefly describe the five (5) most recent similar projects by the proposed project team. Each description shall include: o The name of the client and a contact name, address, and telephone number/email address. o o The month/year the project started and the month/year it was completed. o The total value of the services provided. 489 Ў o The key personnel involved and the sub-consultants employed. Sub-consultants should identify at least three (3) recent projects of a similar nature as references. Briefly summarize any litigation (and outcomes) within the last seven years that the firm has been involved in concerning a general plan, specific elements of a general plan, or the adequacy of CEQA documentation prepared by the firm or proposed subcontractors. Include a sample Land Use Element and an element of your choosing, completed within the last five years. Preference will be given to firms that have completed General Plan updates per the 2017 Office of Planning and Research Guidelines. Include a sample Housing Element, completed in the last five years. Preference will be given to firms that have completed a Housing Element in 2018-2019 after the new requirements passed by the State legislature related to the 2017 housing bills had been enacted. C. Project Approach the following information: this project. A description of the process of the flow of communications between firm team members and City Staff. milestones/timelines, and quality. Any assumptions or limitations as to technical study scope or process (number of meetings to be conducted and attended, types and number of technical studies needed, etc.). D. Cost Proposal Separately sealed: Provide a separately sealed and labeled fee proposal based on -to- services. Identify the expected hours by job classification. Include the work of all sub-consultants in computations. Provide a current hourly rate schedule, and list positions. Include an estimated budget for reimbursable expenses, if any. Include any contingency for unforeseen expenses and detail what items would be covered by this contingency budget. Suggest any modifications that the City could make to the scope of work or scope of services that would allow the project to be accomplished more cost effectively. VII. PROPOSAL EVALUATION 48: Џ Consultant proposals will be evaluated based upon firm qualifications and qualifications of key personnel, experience, project approach, cost, and responsiveness to RFP criteria. Preferential consideration will be given to firms as described in Item VI.B above. Proposals will be evaluated by a committee comprising City of Ukiah Staff, and after review of the proposals, the evaluation committee may choose to interview up to three top-ranked firms. City Staff will negotiate a contract with the top-ranked firm based on the scope of work and scope of services described herein, and the cost proposal submitted by the consultant. In the event the City and the top-ranked consultant are unable to reach a mutually satisfactory agreement for any reason, the City reserves the right to terminate negotiations with the top-ranked firm and to commence negotiations with the second-ranked firm. The City Council will consider the recommendation of the consultant evaluation committee and the negotiated contract, and make a decision regarding award of the contract during a regularly scheduled meeting that is open to the public. Provided the City Council approves the contract, the selected firm should be ready to immediately begin implementation of services described in the scope of work. VIII. INSURANCE REQUIREMENTS Once the successful consultant has been notified of the contract award, they will be required to submit insurance certificates as specified in the requirements provided as Attachment 2. IX. INQUIRIES Inquiries concerning this request for proposal must be made in writing via email to: Mary Horger Procurement Manager City of Ukiah Email: mhorger@cityofukiah.com X. CITY BUSINESS LICENSE A City of Ukiah Business License is required for work performed in the City of Ukiah. For information on www.cityofukiah.com/businesses/business-licenses/ XI. CITY OF UKIAH RIGHT OF REFUSAL The City of Ukiah reserves the right to accept or reject any or all proposals based solely on its analysis of the proposals received including the cost thereof. XII. PROPOSAL SUBMITTAL All proposals in response to this RFP are due no later than 5:00 p.m. on Friday, March 1, 2019. Five (5) copies of the proposals are required, and are to be delivered to: City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482. Attention: Mary Horger, Procurement Manager. 491 А BUUBDINFOU3 492 493 494 495 496 497 498 499 49: 4:1 4:2 4:3 4:4 4:5 4:6 4:7 4:8 4:9 4:: 511 512 513 514 515 516 517 518 519 51: 521 522 523 524 525 526 527 528 529 52: 531 532 533 534 535 536 537 538 539 53: 541 542 543 544 545 546 547 548 549 54: 551 552 553 554 555 BUUBDINFOU4 556 557 558 559 55: 561 562 Community engagement and outreach: 563 564 FYIJCJU2 565 566 567 568 569 56: 571 572 573 A P N : 1 8 4 - N 0 8O 0 R - 2 G 8 A R D 3 1 - D 0 W 8 0 C - 4 W 8 1 O : L . C L NN I I S PE I T W R A AE PP 7 N O 2 :- R 10 P 8 8 0 4WD - - 0R4 I 8L8 A 0L1 G -O: 0 R WN 7 O P CNA W D H C T I D E G A A P N : N 1 8 I 4 W - 0 I L 8 L A 0 O - 0 W 5 R C W D D . D 9 R 0 . Y5 8 T + N 8 U 1 O A C T S D 2 A P NN : 1 L 8E 4 - 0N 8O E 0 R - 2 G 6 A R C D R 2 A L E P C R A P B O P A P N : 1 8 4 -S 0 8T 0E - P 1 H 1 E N S 1 L E X A C P N R : 1 8 A 4 - 0 P 8 T 0 A -R 0 P I B 4P N P : O 1 8 4 P - N 0 8O 0 R - 2G X 5 A R D 2 X D N A 1 L E C R A X P C O P C 1 O P L E X C A R P N : 1 A 8 4 - 0 8 0 P - 0 3 X A P N : 1 8 4 - 0N 8 O 0 -R 1 G 0 A R D X A P N : 1 3 8 4 - 0N 8 O X X 0 R L - 1 G 6 A R E D X C A P X R N : 1 8 4 A - 0 8 X T 0 - R P 0 9 O P R I A X T A T N I O P N A E G 3 P P N H: ) 1 N L 8 M 4 O 1 E- 0 R A 8 F 0 C 13 - = 0 L E 8 R I 22 T A .1 D P O B R R O AN O P . G 3 R R. 2 3 C O ( N A P N : 1 8 4 - N 0 8O 0 R - 2 G 0 A R D 574 575 576 577 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 5127 OF Article 3, CHAPTER 2, DIVISION 6 OF THE UKIAH CITY CODE REQUIRING CITY COUNCIL REVIEW OF LOCAL EMERGENCY DELARATION BY DIRECTOR OF EMERGENCY SERVICES. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 5127 in Article 13 of Chapter 2 in Division 6 of the Ukiah City Code, is hereby amended to read as follows: §5127 LOCAL EMERGENCY TERMINATION Pursuant to the California Emergency Services Act, the Council shall review the declaration at least every sixty (60) days until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. SECTION TWO. 1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption. 3. Effective Date: The ordinance shall become effective thirty (30) days after its adoption. Introduced by title only on March 20, 2019, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on ___________, 2019, by the following roll call vote: 578 1 ATTACHMENT 1 AYES: NOES: ABSENT: ABSTAIN: _______________ Maureen Mulheren, Mayor ATTEST: _______ Kristine Lawler, City Clerk 579 2 57: 581 WHAT IS ENERGY UPGRADE CALIFORNIA? We are a state-wide initiative committed to helping Californians take action to save energy, conserve and preserve natural resources, reduce demand on the energy grid, and make informed choices about their energy use at home and at work. We emphasize that ĻǝĻƩǤ ƩĻƭźķĻƓƷ ŷğƭƷŷĻ ƦƚǞĻƩ Ʒƚ ƒğƉĻ ğ ķźŅŅĻƩĻƓĭĻ ǞźƷŷ ƭƒğƌƌ ğĭƷźƚƓƭ. HOW DO WE WORK WITH CITIES? We partner with you on events like movie nights, sustainability fairs, educational programs and holiday celebrations. Invite us to join you in these community events! We provide materials about Energy Upgrade California including fact sheets, co-branded materials, small business energy efficiency guides and other giveaway items for public events. EUC does outreach and education through our social media sites, newsletters, op-eds, digital products and more. We promote EUC by partnering with local community-based organizations who help us reach all residents of your city. EUC encourages you to nominate a local Energy Hero to be showcased on our website! Some examples of EUC working with cities include: partnering with Beverly Hills at their National Night Out event, joining the City of Santa Monica at their Sustainability Fair, a LED holiday lights giveaway with the City of Sacramento, and including city officials at EUC events throughout California. We are also League of CA Cities and California Contract Cities Association sponsors and collaborate with them to promote our energy efficient initiatives to all member cities. We are open to new and innovative partnerships with you and your local organizations. JOIN THE MOVEMENT! City Proclamation joining the EUC initiative Partner on events/presentations/trainings Distribute EUC collateral like fact sheets, palm cards and FAQs as needed Share ready-made social media content on your city accounts Become a part of the solution and help your city save energy and money! Here are the links to all of the social outlets: https://www.facebook.com/EnergyUpgradeCalifornia/ https://twitter.com/energyupgradeca https://www.instagram.com/energyupgrade_ca/ 582 RESOLUTION NO. 2019-XX RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF UKIAH ADOPTING THE ENERGY UPGRADE CALIFORNIA INITIATIVE WHEREAS,the Golden State is a national leader in energy conservation, embracing its efficiency goals; and WHEREAS, these efforts have put California on track to double energy efficiency, produce 33 percent of its energy from renewable resources, and reduce greenhouse gas emissions by 40 percent before 2030 Pol WHEREAS,all Californianshave the opportunityto practice energy-conscious and environmentallyfriendly actionsthat help make an energy-saving impact for the Golden State, NOW, THEREFORE, IT IS HEREBY RESOLVED,The City of Ukiah supports Energy Upgrade California®a statewide initiative committed to empowering Californians to become energy stewards by integrating energy management practices into their daily lives and their call to all California residents and businesses to preserve the Golden -saving actions that help Keep it Golden. BE IT THEREFORE RESOLVED THATwe encourage each City of Ukiahresident to take one energy-saving action flipping off lights when not in use, washing clothing on the cold cycle, or lowering the thermostat to use less energy. Each individual action can result in a big impact not only for the City of Ukiah, but also the state. BE IT FURTHER RESOLVED THATThe City of Ukiahurges all our residents and small businesses to become more conscious energy stewards recognizing that we allhave the power to make a big difference inhelpingCalifornia Keep it Goldenby taking even small actions. PASSED AND ADOPTEDthis 20thday of March,2019,by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Maureen Mulheren, Mayor ATTEST: ____________________ 583 Kristine Lawler, City Clerk 584 585 (see calendar from NCPA) 586 587 588 589 58: