HomeMy WebLinkAbout2019-07-03 Packet
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MAYOR MULHEREN PRESIDING.
The Pledge of Allegiance was led by Richard Shoemaker.
Introduction was received.
Presentation was received.
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Presentation was received.
RECESS: 7:58 – 8:10 P.M.
This Item was withdrawn by the presenter.
City Clerk, Kristine Lawler, announced that no correspondence had been received.
– Electric Utility.
– City Clerk.
(2019-27)
– Community Services
– Fire.
A report on fire mitigation activities was received.
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Agenda Items 11a and 11b were pulled by the department due to noticing discrepancies.
(2019-28)
(2019-29)
(COU No. 1819-229)
Reports were received.
THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:33 P.M.
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Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200
City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No.
SCUK- CVPT-15-66036
No report out was received.
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CITY OF UKIAH Attachment 1
REPORT OF DISBURSEMENTS
REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF MAY
FUNDS:
100General Fund$939,816.56700Sanitary Disposal Site Fund$12,465.00
105Measure S General Fund701Landfill Corrective Fund
110Special General Fund702Disposal Closure Reserve Fund
120Streets Capital Improvement$78,728.57704Post Closure Fund - Solid Waste$0.00
201Worker's Comp Fund$542.44720Golf Fund$1,250.12
202Liability Fund730Confernence Center Fund$4,814.32
203Garage Fund$13,746.89750Visit Ukiah $6,925.00
204Purchasing Fund $2,936.28777Airport Fund$28,979.75
205Billing & Collections Fund$13,333.70778Airport Capital Improvement Fund
206Public Safety Dispatch Fund$1,926.63779Special Aviation Fund$34,443.56
207Payroll Posting Fund$475,407.93800Electric Fund$426,653.44
208Building Maintenance/Corp Yard Fund$16,531.23801Electric Capital Reserve Fund$29,230.30
209IT Fund$97,073.63803Lake Mendocino Bond Reserve
220Equipment Reserve Fund805Street Lighting Fund$9,086.50
249City Housing Bond Proceeds$0.00806Public Benefits Fund$6,449.80
250Special Revenue Fund$148.10820Water Fund$112,057.85
251 Special Projects Reserve Fund 822Water Capital Improvement Fund$96,435.36
253 CITY PROP 172$13,166.89830Recycled Water Fund$988,378.35
300Park Development Fund840City/District Sewer Fund $232,444.29
301Anton Stadium Fund$0.00841Sewer Contruction Fund
302Observatory Park Fund$2,000.00843Sewer Capital Fund
304Swimming Pool Fund $0.00900Special Deposit Trust$23,689.68
305Riverside Park Fund$0.00901General Service (Accts Recv)$16,838.36
306Skate Park Fund$0.00902U.S.W. Billing & Collection$36,332.50
310Museum Grants$13,576.71903Public Safety - AB 109$0.00
311Alex Rorbaugh Recreation Center Fund$3,698.66905Federal Emergency Shelter Grant
312Downtown Business Improvement Fund$240.00905Mendocino Emergency Service Authority
313LMIHF Housing Asset Fund911Russian River Watershed Association$33,214.26
314Winter Special Events915UVFD $17,746.36
5002106 Gas Tax Fund$3,746.49916UVFD PROP 172$13,017.51
5012107 Gas Tax Fund917UVFD Measure B
5032105 Gas Tax Fund918UVFD Mitigation$779.27
505Signalization Fund940Sanitation District Special Fund$7,742.15
506Bridge Fund943Sanitation District Capital Improvement Fund
5071998 STIP Augmentation Fund952REDIP Sewer Enterprise Fund
508SB325 Reimbursement Fund960Community Redevelopment Agency
509S.T.P. Fund961RDA Housing Pass-Through
510Trans-Traffic Congest Relief Fund962Redevelopment Housing Fund
511Rail Trail Fund$36,832.89963Housing Debt
600Community Development Block Grant964RDA Capital Pass-Through
601EDBG 94-333 Revolving Loan965Redevelopment Capital Improvement Fund
602Community Development Fund966Redevelopment Debt Service$123,740.00
60308-HOME-4688967Housing Bond Proceeds
604CDBG Grant 09-STBG-6417968Non-Housing Bond Proceeds
60511-HOME-7654 Fund$0.00969RDA Obligation Retirement Fund
606CDBG Grant 10-EDEF-7261844/944Sewer Capital Projects Fund$723,657.90
607Prop 84 Grant Fund
60913-CDBG-8940
610City RDA Projects Fund
630Asset Seizure Fund$15,000.00
631Asset Seizure Fund (Drug/Alcohol)Retainage Withheld$83,627.42
633H & S Education 11489(B)(2)(A1)$3,500.00611CDBG 16-CDBG-11147$8,952.50
634Federal Asset Seizure Grants$2,600.00
635SUP Law Enforcement Service Fund
637Local Law Enforcement Block Grant
638Asset Forfeiture 11470.2 H & S
639Special Revenue - Police$0.00
640Parking District Fund$473.75
691Museum Fund$4,909.51
PAYROLL CHECK NUMBERS: 507012-507046
DIRECT DEPOSIT NUMBERS: 92855-93066TOTAL DEMAND PAYMENTS- A/P CHECKS$4,818,888.41
PAYROLL PERIOD: 4/21/19-5/4/19TOTAL DEMAND PAYMENTS-WIRES* & EFT's$144.00
PAYROLL CHECK NUMBERS: 507047-507070TOTAL PAYROLL CHECKS & DIRECT DEPOSITS$923,651.85
TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS)
DIRECT DEPOSIT NUMBERS: 93067-93287$554,131.84
PAYROLL PERIOD: 5/5/19-5/18/19* vendor name( if applicable)
PAYROLL CHECK NUMBERS:
DIRECT DEPOST NUMBERS:
PAYROLL PERIOD:
VOID CHECK NUMBERS:
507046, 3032183, 3032248, 3032475, 3032472 TOTAL PAYMENTS$6,296,816.10
MANUAL CHECK NUMBERS:
93288
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.
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____________________________________________________________________________________________
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
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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
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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
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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
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80234INFLOW/INFILTRATION
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21
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2
3
4
Attachment 1
5
Attachment 2
6
7
Attachment 3
8
Proposal/Sales Quotation
Quotation QUO-47336-4MXWM4Quotation Date: 6/28/2019
General & Client Information
Agency Name:Ukiah Police Department
Bill To:
Ukiah Police Department-RMS Web Upgrade to include 300 Seminary Avenue
System Description:
NIBRSUkiah,CA,United States,
95482
ClientContact:Tracey Porter
Contact Phone:(707) 467-5727
Ship To:
300 Seminary Avenue
Contact Email:tporter@cityofukiah.com
Ukiah,CA,United States,
95482
Expiration Date:7/31/2019
Presented By:Mistiza Colebank
ProjectProducts&Services
TriTech Software License Fee(s)
Inform RMS Software License Fee(s)Unit PriceQtyTotal Price
Inform RMS Test or Training System$0.001$0.00
Inform RMS Software License Fee(s) Subtotal:$0.00
TriTech Software License Fee(s) Total:$0.00
TriTech Implementation Service Fee(s)
Inform RMS Implementation Service Fee(s)Unit PriceQtyTotal Price
Inform RMS 3-Day Workshop and Consultation$4,200.003$12,600.00
Inform RMS End User Training -Field Officers (2 Days)$4,200.001$4,200.00
Inform RMS Server Installation and Configuration$7,700.002$15,400.00
Inform RMS User Training -Records (2 Days)$4,200.001$4,200.00
Professional Service -VisionRMS Data Transfer (Remote Service)$1,800.001$1,800.00
Inform RMS Implementation Service Fee(s) Subtotal:$38,200.00
TriTech Implementation Service Fee(s) Total:$38,200.00
9
Page 1of 7
QUO-47336-4MXWM4
Custom Solution(s)
Product Name Unit Price Qty Total Price
NIBRS Software License $25,000.00 1 $25,000.00
Custom Solution(s) Total: $25,000.00
Project Related Fee(s)
Product Name Unit Price Qty Total Price
$11,634.00 $11,634.00
Project Management 1
$13,950.00 $13,950.00
Estimated Travel Expenses (To be billed as incurred) 1
BA Services for UCR to NIBRS $11,200.00 1 $11,200.00
Onsite Go Live Support (2 Days, One Person, Single 8 Hour Shift) $2,800.00 1 $2,800.00
Professional Service - SQL Installation (Remote Service) $1,000.00 1 $1,000.00
Report Writing Training (3 days) $4,200.00 1 $4,200.00
Training Remote 1/2 Day $700.00 1 $700.00
Project Related Fee(s) Total: $45,484.00
Annual Maintenance Fee(s) (Year 1)
Product Name Support Level Total Price
Inform RMS Test or Training System Maintenance $1,620.00
NIBRS Software License 8 x 5 $4,500.00
Annual Maintenance Fee(s) (Year 1): $5,875.20
Continuous Upgrade Fee(s) (Year 1): $244.80
Annual Maintenance Fee(s) (Year 1) Total: $6,120.00
Project Total: $114,804.00
Estimated Sales Tax: Taxable sales: $0.00 Subtotal: $114,804.00
(State: at %)
Sales Tax Amount: $0.00
Quote Total: $114,804.00
Optional Items
Product Name Unit Price Qty Total Price
Inform RMS Output Designer Workshop 3 Day $4,200.00 1 $4,200.00
Inform RMS Post Go Live System Optimization and Advanced Configuration Workshop (3 Days at
$5,600.00 1 $5,600.00
the Customer Site)
:
Page 2 of 7
QUO-47336-4MXWM4
Summary Information & Project Notes
Workshop #1 - Configuration and Admin Workshop (3 days onsite)
Workshop #2 - Validation and Readiness Workshop (3 days onsite)
Workshop #3 - Configuration and Admin workshop for Other Event (3 days onsite) Build Your Own
Module (such as create your own capture forms for Use of Force, K9, Sex Offender Registration, etc) and
Case Management, Off-Line Incident Entry.
BA HOURS -- 2 x 2 Hour Remote sessions for template follow-up.
User Training - Field Officers (2 day): Train-the-Trainer session for up to 10 users.
User Training - Records (2 day): Up to 10 users
User Training - Report Writing (3 days)
Server Installation x 2 - One to set up the Web DB and IIS in production and One to set up the full
training environment (Classic DB, Web DB, IIS).
Onsite Go Live Support
NIBRS Software License and BA Services for the UCR to NIBRS Migration
Output Designer Workshop (Optional) - How to use the output designer tool to design outputs to make
templates for incidents and other events print out to look like an actual form. (SSRS training is not
included.)
Post Go Live System Optimization and Advanced Configuration workshop (Optional) - This is evaluating
the templates and workflows and how they might need to be tweaked for efficiency.
The training suggested in this quote is based off the modules available in Web RMS at the time the quote is
delivered. As other modules become available in the Web environment, additional training may be required.
Terms and Conditions
Payment terms are as follows
21
QUO-47336-4MXWM4
Page 3 of 7
50% of all Software, Services, Support and fixed travel fees are due at time of order -and- 50% of all Software,
Services, Support and fixed travel fees are due upon installation or completion of services (whichever comes
later).
Travel costs will be billed as incurred.
Software License Terms:
The Software is licensed for use by Client in accordance with the software licensing terms of the System Purchase
Agreement currently in effect between TriTech and Client. Acceptance for the Software may be defined in the
Statement of Work ('SOW'), if not, the Software licenses shall be deemed accepted on delivery.
Acceptance for the TriTech Software licenses included in the Quotation will be governed by the standard terms
set forth in TriTech's System Purchase Agreement, which shall supersede any prior System Purchase Agreement.
Any changes to scope of testing may result in a price increase for services.
The annual Software Support Services for the TriTech Software licenses are provided for a period of twelve-
months from the Installation date and shall be governed by the existing Software support Agreement currently in
effect between TriTech and Client. Support fees will be prorated at renewal of the existing support term to
adjust to the term to be co-terminous with the existing support agreement term.
Training Terms:
In the event Client cancels a training course scheduled to be conducted on-TriTech shall
be entitled to reimbursement of any fees TriTech may incur associated with cancellation of travel and lodging for
such training course.
TriTech reserves the right to assess $1,000 cancellation fee for the training classes that are cancelled any later
than 5 business days prior to the first day of the class, plus any additional fees or charges associated with the
cancellation and rebooking of the airline tickets and other travel arrangements.
TriTech reserves the right to assess 25% of the services fee, up to $1,000 as cancellation fee for any remote, or
onsite installation services work that are cancelled by the Client at no fault of TriTech any later than 5 business
days prior to the date of performing the work. This may include the services that are cancelled or rescheduled
lt in the
work being cancelled.
Sales Tax:
Any estimated sales and/or use tax has been calculated as of the date of quotation and is provided as a
convenience for budgetary purposes. TriTech reserves the right to adjust and collect sales and/or use tax at the
actual date of invoicing, at the then current rates. Your organization must provide TriTech with a copy of a
current tax exemption certificate issued by your state's taxing authority for the given jurisdiction, when your
order is placed, if you are exempt from sales tax.
General Terms:
22
QUO-47336-4MXWM4
Page 4 of 7
The items in this quotation are based upon meetings and communications with the Client and unless attached to
a contract form the entirety of the deliverables from TriTech.
All travel and out-of-pocket expenses will be invoiced as incurred, at actual cost, as they are not included in this
quotation.
The scope of Deliverables for this order will be limited to the Software, Services, and Support and Maintenance
that is explicitly listed herein for the listed quantities.
This order provides Software licenses as well as required deployment services only for the environments that are
explicitly listed herein (Production, Test, Training, Disaster Recovery, etc.). These software licenses do not apply
to any other existing environments, or environments that may be implemented in the future. Except as expressly
identified in this Quotation as a line item to be provided by TriTech, all required computer hardware, third party
system/database software, peripherals, network components and third party items shall be provided by the
.
Changes in the scope of certain components of the System may impact the cost and timelines for other areas of
the Project.
All services will be performed during normal business hours, unless otherwise stated in this quotation for specific
service deliverables.
Deployment and implementation of TriTech Software and Services are based upon Client's provision and
compliance with TriTech's System Planning Document.
TriTech reserves the right to adjust this Quotation as a result of changes including but not limited to project
scope, deliverables (TriTech Software, or third party software or hardware, including changes in the hardware
Installation Services will be performed based on the quantities that are listed in this quotation, and as listed for
each environment. One installation line item does not include installation services in multiple environments.
23
QUO-47336-4MXWM4
Page 5 of 7
Send Purchase Orders To:
TriTech Software Systems
c/o CentralSquare Technologies
Quotation Issued by: Karla Hageman
1000 Business Center Drive
Lake Mary, FL 32746
Email:
karla.hageman@centralsquare.com
Phone: 800-727-8088
Or Email: tritechquotes@centralsquare.com
Or Fax: (407) 304-3914
Remit Payments To:
TriTech Software Systems
PO Box # 203223
Dallas, TX 75320-3223
24
QUO-47336-4MXWM4
Page 6 of 7
Accepted for Client
By signing below, you are indicating that you are authorized to obligate funds for your organization. To activate
your order, check the appropriate box below and, either, (i) attach a copy of this quotation to your purchase
order when it is remitted to TriTech, or, (ii) if no additional authorizing paperwork is required for your
organization to accept and pay an invoice, sign below and fax this quotation to 1-407-304-3914 or email to
tritechquotes@centralsquare.com to indicate your acceptance.
Purchase Order required and attached, reference PO# on invoice.
No Purchase Order required to invoice.
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt. Please contact me if TriTech does not have my current exempt information on file.
Client Agency/Entity Name
Title
Client Authorized Representative
Date
Signature
Client Authorized Representative
25
QUO-47336-4MXWM4
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Q-205491-43642.720KP
Issued: 06/26/2019
Quote Expiration: 07/31/2019
Axon Enterprise, Inc.
Account Number: 184872
17800 N 85th St.
Scottsdale, Arizona 85255
Payment Terms: Net 30
United States
Delivery Method: Fedex -Ground
Contract Number: 00017045
Phone: (800) 978-2737
SALES REPRESENTATIVE
Kyle Panasewicz
SHIPTOBILL TO
Phone: (480) 905-2071
Email: kylep@axon.com
Dave McQuearyUkiah Police Dept. -CA
Fax: (480) 658-0673
Ukiah Police Dept. -CA300 Seminary Avenue
300 Seminary Avenue
Ukiah, CA 95482
PRIMARY CONTACT
US
Ukiah, CA 95482
Dave McQueary
US Phone: (707) 463-6241
Email: dmcqueary@cityofukiah.com
Year 1
List Unit
ItemDescriptionQuantityNet Unit PriceTotal (USD)
Price
Axon Plans & Packages
AXON AUTO TAGGING SERVICE ADD-ON: 1 YEAR
8005240180.00 180.007,200.00
PAYMENT
Subtotal
7,200.00
Estimated Shipping
0.00
Estimated Tax
0.00
Total
7,200.00
Year 2
List Unit
ItemDescriptionQuantityNet Unit PriceTotal (USD)
Price
Axon Plans & Packages
AXON AUTO TAGGING SERVICE ADD-ON: 2 YEAR
8005340180.00 180.007,200.00
PAYMENT
Subtotal
7,200.00
Estimated Tax
0.00
Total
7,200.00
Year 3
List Unit
ItemDescriptionQuantityNet Unit PriceTotal (USD)
Price
Axon Plans & Packages
AXON AUTO TAGGING SERVICE ADD-ON: 3 YEAR
8005440180.00 180.007,200.00
PAYMENT
Subtotal
7,200.00
Estimated Tax
0.00
Total
7,200.00
37
Q-205491-43642.720KP
Protect Life.
1
Year 4
List Unit
ItemDescriptionQuantityNet Unit PriceTotal (USD)
Price
Axon Plans & Packages
AXON AUTO TAGGING SERVICE ADD-ON: 4 YEAR
8005540180.00 180.007,200.00
PAYMENT
Subtotal
7,200.00
Estimated Tax
0.00
Total
7,200.00
Grand Total28,800.00
38
Q-205491-43642.720KP
Protect Life.
2
Summary ofPayments
PaymentAmount (USD)
Year 17,200.00
Year 27,200.00
Year 37,200.00
Year 47,200.00
28,800.00
GrandTotal
39
Q-205491-43642.720KP
Protect Life.
3
Notes
This quote is co-termed with quote Q-133563 (executed contract #17045). Year one has been set to align with agency annual billing dates. This
has been done according to an anticipated license start date of 8/1/19.. The end date of these subscriptions is subject to change if the ship/start
date changes.
The pricing and terms held within this quote, Q-210012, are governed by the terms and conditions of Contract #17045, (enacted byQ-133563).
Sales Terms and Conditions
nd Purchasing
Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or
Axon Interview Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms
and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalfof an entity (including
but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legalauthority to bind
that entity. If you do not have this authority, please do not sign this Quote.
CustSIG
Signature:Date:CustDate
CustName
Name (Print):Title:CustTitle
PO# (Or write
CustPo
N/A):
Please sign and email to Kyle Panasewicz at kylep@axon.com or fax to (480) 658-0673
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
Quote: Q-205491-43642.720KP
Axon Enterprise, Inc. All rights reserved.
3:
Q-205491-43642.720KP
Protect Life.
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Attachment 2
CITY OF UKIAH UNDERGROUND DISTRICT NO. 4
BOUNDARY DESCRIPTION
SOUTH STATE STREET CLAY STREET TO MILL STREET
Starting at the point of intersection of the centerline of West Clay Street and west of the Westerly
right-of-way line of State Street; thence Southerly, parallel with the Westerly right-of-way line of State
Street to the centerline of Mill Street; thence Easterly, along the centerline of Mill Street, ast of
the Easterly right-of-way line of State Street; thence Northerly, parallel with the Easterly right-of-way line
of State Street, to the centerline of Clay Street, thence Westerly, to the point of beginning.
5
Attachment 3
STATE STREET OVERHEAD TO UNDERGROUND CONVERSION
PROPOSED TIMELINE
Spring/Summer 2019 Project Design and Easement Procurement
Fall 2019 City Council Award Bid
Fall 2019 Contractor to install underground infrastructure
Fall 2019 Ukiah Electric Utility Department install underground facilities.
Fall 2019/ Winter 2020 Ukiah Electric Utility Department to remove overhead facilities.
Winter 2020 AT&T and Comcast install underground facilities.
Winter 2020 AT&T to remove poles.
6
Attachment 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE
BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 4-
ALONG STATE STREET FROM CLAY STREET TO MILL STREET
WHEREAS,
1. On June 20, 2019, in accordance with UCC §3810, the City Clerk gave notice to affected
property owners as shown on the last equalized assessment roll of the time, date, location and
proposed boundaries of a new Underground District to be known as Underground District No. 4,
which encompasses both sides of State Street from Clay Street to Mill Street, as more fully
described in the attached Exhibit 1; and
2. Under UCC Sections 3811 and 3820, when the City Council establishes an underground
district, it must fix the time within which the removal of poles, overhead wires and associated
overhead structures and the underground installation of these facilities shall be completed and
when affected property owners must be ready to receive underground service; and
3. On July 3, 2019, the City Council conducted a public hearing in accordance with UCC §3810, to
consider establishing Underground District No. 4, its proposed boundaries and the schedule for
completing the undergrounding of overhead facilities, including by utilities and property owners
within the proposed District. The City Council also considered whether the public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated overhead
structures and the underground installation of wires and facilities for supplying electric,
communication or similar or associated service within the boundaries, as depicted and
described in the attached Exhibit 1; and
4. At least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all
affected property owners as shown on the last equalized assessment roll and all affected utilities
in the manner and for the time required by law; and
6. Such hearing has been duly and regularly held and all persons interested have been given an
opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council finds that:
a. State Street has been designated as a primary gateway into the City, provides access
from U.S. Highway 101 through important commercial areas to the historic downtown
business district, and accordingly passes through a civic area of unique scenic interest to
the general public.
7
1
b. The undergrounding to be accomplished will avoid or eliminate an unusually heavy
concentration of overhead distribution facilities.
c. State Street is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground installation of wires and
facilities for supplying and improving electric, communication or similar or associated
service within the boundaries of Underground District No. 4, as described in the
attached Exhibit 1.
2. Based on the foregoing findings:
a. The removal and undergrounding of electrical facilities as herein provided shall apply to
all of Underground District No. 4, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and
underground installation made in Underground District No. 4 within the following times
and in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric
Department, AT&T and Comcast shall be completed by April 1, 2020;
(2) Said utilities shall share equally the costs associated with undergrounding their
facilities within the public right of way, including, but not limited to, the costs of
removing poles and overhead wires and related facilities, furnishing and installing
conduits, conductors and associated equipment, and of trenching, compacting,
backfilling, and paving over said facilities;
(3) With permission of the property owner, the City Electric Department and the other
utilities furnishing service to the property, including AT&T and Comcast, at the expense
of the utilities, will install up to 100 feet of underground service lines and related
equipment from the public right-of-way along State Street to the service equipment on
the property. If the property owner does not consent in a form and within the time
satisfactory to the Director of the Electric Department or his or her designee, the
property owner shall install those facilities at his or her expense in compliance with
specifications and project timeline adopted by the Electric Department.
3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy
of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners
as shown on the last equalized assessment role and to affected utilities.
PASSED AND ADOPTED on July 3, 2019, by the following roll call vote:
8
2
AYES:
NOES:
ABSTAINING:
ABSENT:
______________________
Maureen Mulheren, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk
9
3
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Under Ground District #5
25'
25'
N
Southern
Boundary
Location:Oak Manor Dr1/16" = 1'-0"
Scale
4
Description:5/15/2019
Proposed Under Ground
Date
District #5 Oak Manor Dr.
Grid #
#11
Drawn BySBozzoli
Area:
All of Oak Manor Dr including
25' Back of Right Of Way Mark
Signature
Attachment 2
BOUNDARY DESCRIPTION
OAK MANOR DRIVE FROM PERKINS ST TO THE SOUTH END OF THE OAK MANOR
SCHOOL PROPERTY
Starting at the point of intersection of the Southerly right-of-
the Westerly right-of-way line of Oak Manor Drive; thence Southerly, parallel with the Westerly
right-of-way line of Oak Manor Drive to the south property boundary of Oak Manor School Parcel
# 179-061-08--of-way line of Oak Manor Drive;
thence Northerly, parallel with the Easterly right-of-way line of Oak Manor Drive to the Southerly
right-of-way line of Perkins Street, thence Westerly, to the point of beginning.
5
Attachment 3
Oak Manor Drive Overhead to Underground Conversion Proposed
Timeline
{ǒƒƒĻƩ ЋЉЊБ Project Design and Easement Procurement.
CĻĬƩǒğƩǤ ЋЉЊВ Bid Opening
CĻĬƩǒğƩǤ ЋЉЊВ City Council Award Bid
{ƦƩźƓŭ ЋЉЊВ Contractor to install underground infrastructure
{ǒƒƒĻƩ ЋЉЋЉ Ukiah Electric Utility Department install underground facilities
CğƌƌΉźƓƷĻƩ ЋЉЋЉ Ukiah Electric Utility to remove overhead facilities
{ƦƩźƓŭ ЋЉЋЊ AT&T and Comcast install underground facilities
{ǒƒƒĻƩ ЋЉЋЊ AT&T to remove poles.
6
PAGE 1
Attachment 4
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE
BOUNDARIES AND OTHER PROVISIONS OF UNDERGROUND DISTRICT NO. 5-
ALONG OAK MANOR DRIVE
WHEREAS,
1. On June 20, 2019, in accordance with UCC §3810, the City Clerk gave notice to affected
property owners as shown on the last equalized assessment roll of the time, date, location and
proposed boundaries of a new Underground District to be known as Underground District No. 5,
which encompasses both sides of Oak Manor Drive, as more fully described in the attached
Exhibit 1; and
2. Under UCC Sections 3811 and 3820, when the City Council establishes an underground
district, it must fix the time within which the removal of poles, overhead wires and associated
overhead structures and the underground installation of these facilities shall be completed and
when affected property owners must be ready to receive underground service; and
3. On July 3, 2019, the City Council conducted a public hearing in accordance with UCC §3810, to
consider establishing Underground District No. 5, its proposed boundaries and the schedule for
completing the undergrounding of overhead facilities, including by utilities and property owners
within the proposed District. The City Council also considered whether the public necessity,
health, safety or welfare requires the removal of poles, overhead wires and associated overhead
structures and the underground installation of wires and facilities for supplying electric,
communication or similar or associated service within the boundaries, as depicted and
described in the attached Exhibit 1; and
4. At least ten (10) days prior to the scheduled hearing, notice of such hearing was given to all
affected property owners as shown on the last equalized assessment roll and all affected utilities
in the manner and for the time required by law; and
6. Such hearing has been duly and regularly held and all persons interested have been given an
opportunity to be heard;
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City Council finds that:
a. Oak Manor Drive has been designated as a north/south primary access for residence,
schools and business.
b. The undergrounding to be accomplished will avoid or eliminate heavy concentration of
overhead distribution facilities.
7
1
c. Oak Manor Drive is extensively used by the general public and carries a heavy volume of
pedestrian and vehicular traffic.
d. The public necessity, health, safety and welfare require the removal of poles, overhead
wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication or similar or associated service within the
boundaries of Underground District No. 5, as described in the attached Exhibit 1.
2. Based on the foregoing findings:
a. The removal and undergrounding of electrical facilities as herein provided shall apply to
all of Underground District No. 5, as described in Exhibit 1.
b. All poles, overhead wires and associated overhead structures shall be removed and
underground installation made in Underground District No. 5 within the following times
and in the following manner:
(1) Underground installation by the utility companies, including the City of Ukiah Electric
Department, AT&T and Comcast shall be completed by September 1, 2021;
(2) Said utilities shall share equally the costs associated with undergrounding their
facilities within the public right of way, including, but not limited to, the costs of
removing poles and overhead wires and related facilities, furnishing and installing
conduits, conductors and associated equipment, and of trenching, compacting,
backfilling, and paving over said facilities;
(3) With permission of the property owner, the City Electric Department and the other
utilities furnishing service to the property, including AT&T and Comcast, at the expense
of the utilities, will install up to 100 feet of underground service lines and related
equipment from the public right-of-way along Oak Manor Drive to the service
equipment on the property. If the property owner does not consent in a form and
within the time satisfactory to the Director of the Electric Department or his or her
designee, the property owner shall install those facilities at his or her expense in
compliance with specifications and project timeline adopted by the Electric Department.
3. By no later than 10 days after the adoption of this Resolution, the City Clerk shall mail a copy
of this resolution and a copy of Ukiah City Code Sections 3800-3855 to affected property owners
as shown on the last equalized assessment role and to affected utilities.
PASSED AND ADOPTED on July 3, 2019, by the following roll call vote:
AYES:
NOES:
8
2
ABSTAINING:
ABSENT:
______________________
Maureen Mulheren, Mayor
ATTEST:
______________________
Kristine Lawler, City Clerk
9
3
BOUNDARY DESCRIPTION
OAK MANOR DRIVE FROM PERKINS ST TO THE SOUTH END OF THE OAK MANOR SCHOOL
PROPERTY
Starting at the point of intersection of the Southerly right-of-
Westerly right-of-way line of Oak Manor Drive; thence Southerly, parallel with the Westerly right-of-way
line of Oak Manor Drive to the south property boundary of Oak Manor School Parcel # 179-061-08-00;
-of-way line of Oak Manor Drive; thence Northerly, parallel
with the Easterly right-of-way line of Oak Manor Drive to the Southerly right-of-way line of Perkins Street,
thence Westerly, to the point of beginning.
:
4
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3
4
Attachment #1
RESOLUTION 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING USER FEE SCHEDULE FOR COMMUNITY SERVICES
DEPARTMENT FACILITIES, PROGRAMS AND SERVICES
WHEREAS, the City of Ukiah owns, manages, maintains, and provides
facilities, programs and services for public use; and
WHEREAS, community members and private organizations request the
use of facilities and participate in these programs or services; and
WHEREAS, the use of facilities and the participation in programs or
services necessitates a need for fees which have been established to provide for
maintenance, utilities and other operational expenses; and
WHEREAS, the City Council may from time to time consider fee
adjustments in order to continue operation of facilities, programs and services in
a fiscally responsible manner; and
WHEREAS, the City Council conducted a public hearing and has heard
public comment on these issues,
NOW, THEREFORE, BE IT RESOLVED that the City Council amend the
Community Services Depa
is incorporated herein.
PASSED AND ADOPTED this 3rd day of July, 2019, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, Maureen Mulheren
ATTEST:
Kristine Lawler, City Clerk
5
COMMUNITY SERVICES DEPARTMENT
A. UKIAH MUNICIPAL GOLF COURSE
Facility Managed by Tayman Park Golf Group, Inc.
B. PARK AND FACILITY RENTALS
1. Todd Grove Room Rental Facility Managed by Tayman Park Golf Group, Inc.
Facility located at 599 Park Blvd, Managed by Tayman Park Golf Group, Inc.
2. Grace Hudson Museum Meeting Room Rentals
Facility located at 431 S Main Street.
Capacity: 49 Assembly/Dining with Kitchen Facility
Primary Use: Small Gatherings, Meetings, Workshops
Fee Category/Description
Current FeesProposed Fees
Public/Private Rental
All Types of Use
Refundable Deposit400200
Businesses & Individuals
Daily Rate450450
Non Profit or Government Agencies
Daily Rate250250
3. Civic Center Council Chamber Rental
Facility located at 300 Seminary Ave.
Capacity: 141 in Council Chambers
Primary Use: Meetings and Lectures
Fee Category/Description
Current Fees
Public/Private Meeting
Refundable Deposit200
Business Hours: Monday - Friday 8am-5pm
Daily Rate150
Evening Hours: Monday-Friday 5pm-9pm
Daily Rate250
Additional Hours after 9pm
Per Hour50
Services
Equipment Use: Projector, Screen, Sound Sytem50-100
6
ATTACHMENT 1
COMMUNITY SERVICES DEPARTMENT
B. PARK AND FACILITY RENTALS (Continued)
4. Park Facility Rental: Picnic Area and Other Uses
Parks that are have rental areas include:
Todd Grove Park at 600 Live Oak
Vinewood Park at 1260 Elm Street
Oak Manor Park at 500 Oak Manor Drive
Primary Use: Gatherings, Picnics, BBQ's, etc.
Fee Category/DescriptionCurrent Fees
Park & BBQ Rate
1-50 People100
50-100 People200
100+ People300
Access to Electricity75
5. Alex R Thomas Plaza & School Street
Facility located at 310 S State Street
Primary Uses: Large Gatherings, Fundraising Events, Music, Vendors, Booths
Fee Category/DescriptionCurrent Fees
All Types of Use for the Entire Plaza including Stage & Pavilion
Refundable Deposit300
Businesses & Individuals
Daily Rate450
Non Profit or Government Agencies
Daily Rate350
Additional Equipment provided by City
Daily Rate50-75
Expanded Use: Street Closure and/or School Street Electricity
Daily Rate100
Use of Plaza Speaker and/or School Street Speaker System
Deposit500
Operator Set-Up100
Hourly Use Rate100
7
ATTACHMENT 1
COMMUNITY SERVICES DEPARTMENT
C. UKIAH VALLEY CONFERENCE CENTER
1. Room Rentals
Daily Rate applies Monday through Friday 8:00am-5:00pm
Non Profit Rate applies to the Daily Rate only when applicable
Evening/Weekend Rate applies Monday through Friday after 5pm & Saturday or Sunday
Fee Category/Description
Current FeesProposed Fees
Red Rooms: Cabernet 1, Cabernet 2, Merlot & Zinfandel
Up to 300 people Dining or 400 Theater/Assembly
Daily Rate17501750
Evening/Weekend Rate30003000
Non Profit Daily Rate15001500
Cabernet 1 & Merlot or Cabernet 2 and Zinfandel
Cabernet 1 or 2
From 1 to 125 people Dining/Classroom or 175 Theatre/Assembly
Daily Rate700700
Evening/Weekend Rate10001250
Non Profit Daily Rate1000600
Add Merlot Room or Zinfandel Room250300
Chenin Blanc Room
From 1 to 40 people
Daily Rate400400
Evening/Weekend Rate600600
Non Profit Daily Rate300300
Riesling Room
From 1-20 people
Daily Rate200200
Evening/Weekend Rate250250
Non Profit Daily Rate175175
Chardonnay Room
From 1-20 people
Daily Rate200200
Evening/Weekend Rate250250
Non Profit Daily Rate175175
Merlot or Zinfandel Room
From 1-20 people
Daily Rate200200
Evening/Weekend Rate250250
Non Profit Daily Rate175175
Kitchen Use Fee300300
The Conference Center provides a variety of rentals, rooms and services. The listed rates are for small conferences, seminars and educational trainings. Rates for
banquets, receptions, fund raisers and festive occastions will be priced according to client requirements. Additionally, the Conference Center Administrator may provide
promotional rates or discounts for multiple bookings.
8
ATTACHMENT 1
COMMUNITY SERVICES DEPARTMENT
D. GRACE HUDSON MUSEUM & SUN HOUSE
Facility located at 431 S Main
Primary Use: Art museum with educational presentations, tours, workshops.
1. Use Rates
Fee Category/DescriptionFee Range Approved by Council 2013
Proposed fees
Admission Rates
Child under 81-70 (with adult)
Youth ages 8-17N/A3
Student 18+ w/ IDN/A4
Adult1-106
Senior1-54
Family1-1012
School Rate per student1-33
Active Military PersonnelN/A0
Native American w/ Tribal IDN/A0
E. UKIAH MUNICIPAL POOLS USER FEES
Facility located at 591 Park Blvd.
Primary Use: Open during the summer months for "drop-in" use during public swim hours. Programming includes swim lessons, trainings, aqua fitness classes,
and more.
1. Use Rates
Fee Category/DescriptionFee Range Approved by Council 2013
Current Fees
Public Swim Rates
Children 0-5 years old3-75.00
Children 6-17 years old3-75.00
Adults 18+3-75.00
Children 30 Pass Punch Card3-75.00
Adult 30 Pass Punch Card100-14080.00
100-14080.00
2. Swim Lesson Rates
Fee Category/DescriptionFee Range Approved by Council 2013
Current Fees
Traditional Swim Lesson Program
2-week session50-8060
Other Aquatic Based Programs
Aqua fitness classes, clinics, camps, etc.1-2001-200
3. Private Facility Use
Use: A Private Pool Use includes exclusive use for both pools with lifeguards
Fee Category/Description
Current Fees
2-hour period, exclusive use200-400
9
ATTACHMENT 1
COMMUNITY SERVICES DEPARTMENT
F. RECREATION PROGRAMS AND SERVICES
1. Youth Sports Leagues
Qualifying participants can utilize the Youth Scholarship program for a reduced fee.
Fee Category/DescriptionFee Range Approved by Council 2013
Current Fees
Youth Sports Team Sponsor
Business Sposorship Fee100-300/team100-300/team
Girls Youth Softball
Individual Player Fee55-8560-85
Youth Basketball
Individual Player Fee55-8560-85
Other Sports
Individual Player Fee20-10020-100
2. Adult Sports League
Fee Category/DescriptionFee Range Approved by Council 2013
Current Fees
Adult Sports Team Sponsor
Business Sposorship Fee200-500/team200-500/team
Adult & Co-ed Softball
Individual Player Fee25-6025-60
Adult Basketball
Individual Player Fee25-6025-60
3 on 3 Basketball League
Team Fee50-20050-200
Other Sports
Individual Player Fee25-6025-60
Other Sports
Team Fee50-50050-500
3. Classes and Recreation Fees
Fee Category/DescriptionFee Range Approved by Council 2013
Current Fees
Contract Instructor Classes
Registration for one participant0-1,000 per class0-1,000 per class
Clinics, Workshops, Trainings, Specialty Camps
Registration for one participant0-500 per class0-500 per class
Recreation Guide Advertising Rates
1/8 page - full page0-1,0000-1,000
4. State Street Banner Program
Fee Category/Description
Current Fees
State Street Banner
Banner Fee100
:
ATTACHMENT 1
COMMUNITY SERVICES DEPARTMENT
G. ATHLETIC FACILITIES AND SPORTS FIELDS
1. Athletic Fields
Ukiah Sports Complex
Facility located at 905 City Well Road, at River Street off Hwy 101
Amenities: 3 Softball Fields, Lighting, Concession Facilities and Restrooms
Primary Use: Sports Leagues, Tournaments
Fee Category/Description
Current Fees
Field Use
One Field150/day
Lighting for One Field50/day
Refundable Deposit1000
Other Park Locations with Athletic Field
Fee Category/Description
Current Fees
Field Use
One Field150/day
Lighting for One Field50/day
Refundable Deposit500
Athletic Fields are used for a variety of functions such as tournaments, fundraisers, and league play. Facility use will be priced according to client requirements.
Additionally, the Assistant City Manager/Director of Community Services or designee may provide promotional rates or discounts for multiple bookings.
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May 7, 2018
Name
Address
Ukiah, CA 95482
Re: City of Ukiah Shopping Cart Ordinance, No. 1187
Dear __________,
We are writing to inform you of a new ordinance that may affect your business.
The Ukiah City Council adopted a shopping cart ordinance on April 4, 2018 and the ordinance
became effective May 4. Certain requirements in the shopping cart ordinance pertain to businesses
that provide shopping carts for customer use on the business premises.
In an effort to help reduce shopping cart theft and the visual blight that is caused by stray shopping
carts, the new shopping cart ordinance requires submittal of a shopping cart plan to the City of
Ukiah’s Administrator- the Community Development Department Director. The plan must include all of
the elements listed in Section §2384C of the ordinance.
To assist your business in complying with the new ordinance, we have enclosed a form for your
completion. The form contains all required elements in the shopping cart plan. Once the form is
completed in entirety and signed and dated by an authorized representative of your business, please
return the form plus any supporting documentation to the City of Ukiah.
The enclosed form must be received by the Community Development Department no later than
90 days after May 4, 2018, or by August 7, 2018. You may email or mail your shopping cart plan. If
you would prefer an electronic version, please email us at planning@cityofukiah.com.
Please give me a call at 463-6219 or send an email to cschlatter@cityofukiah.com if we can be of any
assistance as you complete your shopping cart plan.
Sincerely,
Craig Schlatter
Community Development Director
Enclosures: (1) Business Shopping Cart Plan
(2) Shopping Cart Ordinance, No. 1187
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300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
Section §2383 Shopping cart identification signs.
The business owner shall have a sign permanently affixed to each cart in a prominent location.
The sign shall include all of the following information:
A. The identity of the owner of the cart or the business, or both;
B. The valid address or phone number of the business for returning the cart to the owner or
business;
C. Notice to the public that the unauthorized removal of the cart from the premises or the
unauthorized possession of the cart is a violation of state law and of the Ukiah City Code;
and
D. Notice to the public that there shall be no authorized removal of the cart from the premises.
Per Business & Professions Code Section 22435.1 and Section 2383 of this ordinance, public
notice to customers must include signage permanently affixed to each shopping cart that
identifies the owner of the cart or the retailer, or identifies both the owner and retailer.
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Subsection B. Exemptions. A business owner is exempt from this Article, for two years at a
time, if the owner submits an exemption request and meets all of the following requirements:
1. The business has effective restraints that prohibit any carts from exiting the premises or
from operating off the premises. Examples of such effective restraints include but are not
limited to: poles attached to carts to keep them from passing a certain point; electronic
wheel locks on all carts which prevent wheels from rolling past the perimeter of the
premises; physical constraints such as bollards; and continuous use of courtesy clerks to
accompany customers and return the carts to the store.
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2. The business secures all shopping carts during the hours the business is closed by
storing carts inside or locking them outside.
G. Denial or revocation. The Administrator may revoke a plan approved under Subsection D of
this Section, deny a renewal under Subsection F of this Section, or revoke an exemption
granted under Subsection B of this Section if:
1. A shopping cart has been found on public property on seven or more occasions within the
prior three-month period;
2. The owner has failed to comply with a provision of this Article;
3. The owner has knowingly made a false statement or failed to disclose material information in
an application, an amendment or a report required or provided under this Article.
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September 17, 2018
Name of Business
Store Manager/Contact Name and Title
Address
City, State, Zip
Subject: Shopping Cart Plan Requirement under City of Ukiah Ordinance No. 1187
Dear Mr./Ms. __________:
This letter serves as a reminder that the City of Ukiah still has not received a shopping cart
plan for your business. Plans were due to the City on August 6, 2018.
Please note that failure to submit a shopping cart plan within 15 business days of the date of this
letter, or by October 8, 2018, may result in the City initiating any or all of the following enforcement
procedures per Section §2385.C:
1.Revocation of an exemption under Ukiah City Code Section 2384.B.
2.The requirement for a stricter shopping cart plan.
3.Prosecution as a misdemeanor under the authority of California Business and Professions
Code sections 22435.2, 22435.3 or 22435.13 or Section 6098 of this Code.
4.Imposition of a fine not exceeding (1) one hundred dollars ($100.00) for a first violation, (2)
two hundred dollars ($200.00) for a second violation within the same year, and (3) five
hundred dollars ($500.00) for each additional violation within the same year.
5.Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and
3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other
applicableadministrative procedures contained in the Ukiah City Code.
6.Civil action for enforcement, including to abate a public nuisance by injunction, the City
Council declaring that a violation of this Article constitutes a public nuisance.
7.Proceedings for revocation of a use or site development permit, if applicable.
Please contact Alicia Tlelo at atlelo@cityofukiah.com or (707) 463-6268 to receive a fillable
electronic version of the plan or for any questions regarding Ordinance No. 1187.
Sincerely,
Craig Schlatter
Community Development Director
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300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
December 3, 2018
Name of Business
Attention: Store Manager
Address
Ukiah, CA 95482
Subject: NOTICE OF VIOLATION
Location of Violation: Business Name, Address, Ukiah, CA 95482
Dear _______:
As an owner and/or lessor of shopping carts, your business is subject to Ordinance No. 1187,
adopted by the Ukiah City Council on April 4, 2018. Codified at Section 2384 of the Ukiah City
Code, the Ordinance states as a general requirement that each owner of a business shall submit to
the Administrator, obtain approval from the Administrator, and effectively implement a shopping cart
plan in accordance with applicable provisions of the Code. The Administrator referred to in the
Ordinance is the Community Development Director of the City of Ukiah.
The City has made multiple attempts via phone, email, and mail to secure this shopping cart plan
from your business. As of today’s date, a shopping cart plan has not been submitted by your
business.
YOU ARE HEREBY NOTIFIED that you must abate the violation by taking the following steps
within thirty (30) days from the date of this letter:
1.Submit a shopping cart plan to the Administrator per Section 2384 no later than fifteen (15)
days from the date this notice is served upon you.
2.Receive approval from the Administrator.
3.Effectively implement a shopping cart plan in accordance with Section 2384.
If you have not abated the violation within the time and by taking the actions described above, the
City will take enforcement action as authorized by law which may include any or all of the following:
(1)imposition of a fine not exceeding (1) one hundred dollars ($100.00) for a first violation, (2)
two hundred dollars ($200.00) for a second violation within the same year, and (3) five hundred
dollars ($500.00) for each additional violation within the same year; (2)procedures for abatement
of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties
in Ukiah City Code Section 3424, and any other applicable administrative procedures contained in
the Ukiah City Code; (3)proceedings for revocation of a use or site development permit; and
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300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
(4) filing a civil action to enjoin the violation as a public nuisance. In a civil action you may
become liable for the City’s attorneys’ fees in bringing the action.
THIS IS THE ONLY NOTICE THE CITY WILL GIVE BEFORE TAKING ENFORCEMENT ACTION.
Please contact me at (707) 463-6219 with any questions.
Sincerely,
Craig Schlatter
Community Development Director
CC: City Attorney
2:
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
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Buubdinfou2
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 10
TO ARTICLE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 10 is hereby added to Article 2, Division 2 of the Ukiah City Code to read as follows:
ARTICLE 10. BROADBAND DEPLOYMENT
2400. Short Title and Definitions
Section 2400.1 Short Title.
This Article 10
Section 2400.2 Definitions.
a. means ministerial review of an Application by the City
relating to the review and issuance of a Permit, including review by the
to determine whether the issuance of a
Permit is in conformity with the applicable provisions of this Article. This process does
not involve the exercise of discretion. Either the issuance of a Permit is in conformity
with the applicable provisions of this Article or it is not. This process is not subject to a
public hearing.
b. means communications equipment that transmits and/or receives over-
the-air electromagnetic signals used in the provision of Wireless Services. This
definition does not apply to broadcast antennas, antennas designed for amateur
radio use, or satellite dishes for residential or household purposes.
c. means currently adopted California building, fire, safety,
electrical, plumbing, or mechanical codes adopted under Section 3000 of this Code.
d. means a Person who submits an Application.
e. means a written request submitted by an Applicant in a form adopted
by the Community Development Department to the City for a Permit (i) to locate or
Collocate, or to modify, a Communications Facility underground or on any existing
Support Structure, Pole, or Tower, or (ii) to construct, modify or Replace a new
Support Structure, Pole or Tower or any other structure on which a Communications
Facility will be Collocated.
f. City means the City of Ukiah.
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g. City means a Pole owned, managed or operated by or on behalf of the City.
h. means to install, mount, maintain, modify, operate and/or replace a
Communications Facility on an existing Support Structure, Pole, or Tower or any
a corresponding meaning.
i. means, collectively, the equipment at a fixed location or
locations that enables communication between user equipment and a
communications network, including: (i) radio transceivers, Antennas, coaxial, fiber-
optic or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and (ii) all other equipment
associated with any of the foregoing. A Communications Facility does not include
the Pole, Tower or Support Structure to which the equipment is attached.
j. means a cable operator, as defined in 47
USC § 522(5), a provider of information service, as defined in 47 USC § 153(24), a
provider of telecommunications service, as defined in 47 USC § 153(53), a provider
of fixed wireless, or a provider of personal wireless services as defined in 47 U.S.C. §
332(c)(7)(C)(i).
k. means a City Pole that is specially designed and placed for
aesthetic purposes.
l. means the City Department of Community Development.
m. means a portable, self-contained Wireless Facility that can be moved
to a specified location or area and provide Wireless Services on a temporary or
tethered balloon, tethered drone or other unmanned device.
n. means review of an Application by the City relating to the
review and issuance of a Permit, that is other than an Administrative Review.
Discretionary Review involves discretion on the part of the City (subject to any
applicable limits on such discretion) in determining whether to issue a Permit and
may be subject to one or more public hearings or meetings.
o. means an eligible facilities request as set forth in 47
C.F.R. Section 1.40001(b)(3), as may be amended from time to time.
p. means the Federal Communications Commission of the United States.
q. means a one-time, nonrecurring charge, whether a fixed amount or cost-
based amount based on time and expense.
r. means any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National Register maintained by
the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of
the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C) or
established pursuant to state historic preservation law.
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s. means any and all Federal, State, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
t. means (i) with respect to a
Communications Facility and/or the associated Support Structure, Pole or Tower,
inspections, testing, repair and modifications that maintain functional capacity,
aesthetic and structural integrity, and (ii) with respect to a Communications Facility
only, the replacement or upgrade of Antennas and/or other components of the
Communications Facility (specifically, such as a swap out or addition of 5G Antennas
and radio equipment as required by the Applicant), with Antennas and/or other
components substantially similar, in color, aggregate size and other aesthetics to that
previously permitted by the City (and/or consistent with the same height and volume
limits for Wireless facilities under this Article), so long as the Support Structure, Pole,
or Tower will structurally support, or prior to installation will be modified to support,
the structural load. Modifications are limited by the structural load analysis supplied
by the Applicant to the City, and by the volume limits in Subsection 2400.2(aa).
Modifications beyond the foregoing must be requested in writing by the Applicant and
are subject to discretionary approval by the City.
u. means a written authorization (in electronic or hard copy format) required by
the City to initiate, continue, or complete installation of a Communications Facility, or
an associated Support Structure, Pole, or Tower.
v. means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
w. means a pole, such as a utility, lighting, traffic, or similar pole made of wood,
concrete, metal or other material, located or to be located within the Public Right of
Way or Utility Easement. The term does not include the vertical support structure for
traffic lights, a horizontal structure to which signal lights or other traffic control devices
are attached, or the arm of a streetlight unless the City grants a waiver for such pole.
The term does not include electric transmission (but does include electric distribution)
poles or structures. A Pole does not include a Tower or Support Structure.
x. means a Communications Service Provider or a Wireless Provider.
y. means the area on, below, or above
property that has been designated for use as or is used for a public roadway,
highway, street, sidewalk, alley or similar purpose, but not including a federal
interstate highway or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
z. means a recurring charge.
aa. means, in connection with an existing Pole, Support
Structure or Tower, to replace (or the replacement of) same with a new structure,
similar in design, size and scale to the existing structure and in conformance with
current adopted requirements of the City, in order to address limitations of, or change
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requirements applicable to, the existing structure to structurally support Collocation of
a Communications Facility. In connection with replacement of a Pole or Tower to
support Collocation of a Wireless Facility, similarity in size and scale shall be
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evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
bb. means a Wireless Facility that meets both
limitation, any strand-mounted Antenna) could fit within an enclosure of no more than
3 cubic feet in volume; and (ii) all other wireless equipment associated with the facility
is cumulatively no more than 28 cubic feet in volume, with a maximum of 7 cubic feet
being pole mounted. The following types of associated, ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for connection of power and
other services.
cc. means the State of California. .
dd. means a building, a billboard, a water tank or any other
structure to which a Communications Facility is or may be attached. Support
Structure does not include a Pole or a Tower.
ee. means any structure built for the sole or primary purpose of supporting a Wireless
Facility, such as a self-supporting Tower, a monopole, a lattice Tower or a guyed Tower.
Tower also includes a structure designed to conceal from the general public the Wireless
Facility. A Tower does not include a Pole or a Support Structure.
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(7) Substantial change. A modification substantially changes the physical dimensions of an eligible support
structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10%
or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed
twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by
more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or
will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more
than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and
base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than
10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the
eligible support structure or base station equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the thresholds identified in §
1.40001(b)(7)(i) through (iv).
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ff. means the area on, below, or above privately- owned property
that has been designated for use as or is used for a specific utility purpose (such as
for electric, cable or other utility purpose), and is evidenced by a recorded instrument
in the public land records pursuant to a recorded plat, easement or right of way or is
otherwise a legally enforceable easement, and does not include any portion of a
Public Right of Way.
gg. means a Communications Facility installed and/or operated by a
Wireless Provider. The term does not include: (i) the Support Structure, Tower or
Pole on, under, or within which the equipment is located or Collocated; or (ii) coaxial,
fiber-optic or other cabling that is between Communications Facilities or Poles or that
is otherwise not immediately adjacent to or directly associated with a particular
Antenna. A Small Wireless Facility is one example of a Wireless Facility.
hh. means any Person, including a Person
authorized to provide telecommunications service in the State, that builds or installs
and/or operates Wireless Facilities or Poles, Towers or Support Structures on which
Wireless Facilities are or are intended to be used for Collocation, but that is not a
Wireless Services Provider.
ii. means a Wireless Infrastructure Provider or a Wireless
Services Provider.
jj. means any wireless services including, without limitation,
personal wireless services as that term is defined in 47 USC § 332(c)(7)(C)(i), fixed
wireless and other wireless services.
kk. means a Person who provides Wireless Services.
Section 2401 Governance of Deployment in the Public ROW
Section 2401.1 General Provisions of Agreement for Access to Public ROW
a. Municipal Agreement for City owned facilities. Prior to receiving a Permit to install a
communications Facility in the Public ROW on facilities owned wholly or in part by
the City, each Applicant shall be required to enter into a Municipal Agreement
substantially in the form of Appendix A. At the option of the City, the provisions of
the Agreement shall prevail over any provision in this Article which conflicts or is
inconsistent with the provisions of the Agreement. The Applicant shall submit an
executed Agreement with their Application. For facilities in the Public ROW that are
not owned wholly or in part by the City, the Applicant shall consult with the owner of
the facility and obtain the consent of the owner prior to installation.
b. Fees
1. Application Fees shall be established by resolution of the City Council from
time to time and shall be based on a measurable estimate of the actual costs
of services rendered by the Department from the time of the initial
application intake submission until the application is approved.
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2. Make-Ready Fee shall be determined on a site-specific, engineering basis,
for work reasonably necessary to make a particular City Pole suitable for
attachment of the applicable Communications Facility.
3. Annual ROW or Occupancy Rate shall be established and revised from
time to time by City Council resolution.
4. Annual Pole Attachment Fee, for attachment to a City Pole shall be
established and revised from time to time by City Council resolution.
5. Generally applicable, non-discriminatory Fees, such as for Electrical permits,
Building permits, or Encroachment permits.
6. An Applicant shall not be subject to any municipal Fees or Rates or payment
of other compensation, other than those expressly cited above or as may be
otherwise negotiated between an Applicant and the City or required pursuant
to the City Code.
7. The Applicant, or person who owns or operates the Communications Facility
installed in the Public ROW (including, without limitation, on a City Pole) may
remove its facilities at any time from the Public ROW, upon not less than
thirty (30) days prior written notice to the City and may cease paying to the
City any applicable Fees for such use, as of the date of actual removal of the
facilities; provided the removal leaves the structure and grounds, if any,
occupied by the Communications Facility in the condition they were in prior
to its installation.
Section 2401.2 Permitted Communications Facility Uses/Administrative Review;
Application
a. Permitted Use. The following uses within the Public ROW shall be a permitted use,
subject to Administrative Review and issuance of a Permit as set forth in this Section
2401.2. All such uses shall be in accordance with all other applicable provisions of
this Article, including without limitation, those set forth in Section 2401.5 below:
1. Collocation of Small Cells or a Collocation that qualifies as an Eligible
Facilities Request;
2. Modification of a Pole, Tower or Support Structure or Replacement of a Pole,
for Collocation of a Communications Facility that qualifies as an Eligible
Facilities Request or involves a Small Wireless Facility that does not exceed
the maximum limitations set forth in Subsection 2401.3.c.1(A)(i) below. All
other such modifications or Replacements require a minor use permit under
Section 9262.
3. Construction of a new Pole or a monopole Tower (but no other type of Tower)
to be used for Collocation of Small Cells that does not exceed the maximum
height and location requirements set forth in Subsection 2402.3.c.1(A)(i)
below; and
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4. Construction of a Communications Facility, other than those set forth in
subparagraphs (1), (2) or (3) in this Subsection 2401.2.a, involving the
installation of coaxial, fiber-optic or other cabling, that is installed underground
in accordance with City standards for buried utility cabling or above ground
between two or more Poles or a Pole and a Tower and/or Support Structure,
and related equipment and appurtenances.
b. Permit Required. No Person shall place any facility described in Subsection 2401.2.a
above in the Public ROW without first filing an Application for same and obtaining a
Permit therefor, except as otherwise expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may designate
portions of its Application materials that it reasonably believes contain proprietary or
of such materials accordingly, and the City shall treat the information as proprietary and
confidential, subject to applicable
Code §6250 et seq.)
d. Administrative Review Application Requirements. The Application shall be made by the
applicable Provider or its duly authorized representative and shall contain the following:
1. -mail address,
including emergency contact information for the Applicant.
2. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
3. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
4. Detailed construction drawings regarding the proposed facility in addition to any
plans required by Applicable Codes.
5. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation (or that the Pole, Tower or Support Structure will be modified to meet
structural requirements) in accordance with Applicable Codes.
6. For any new aboveground facilities, visual depictions or representations if not
included in the construction drawings.
7. An executed Municipal Agreement as set forth in Section 2401.1.a of this Code,
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if applicable.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for Permits described in Subsection 2401.5.b.3 below.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty
(30) days after the information has changed.
g. Application Fees. Unless otherwise provided by applicable Laws, all Applications
pursuant to this Article shall be accompanied by the Fees required under Subsection
2401.1.a above.
Section 2401.3 Action on Administrative Review Applications
a. Review of Applications.
1. The Department shall review the Application in light of its conformity with
applicable provisions of this Article and shall issue a Permit on
nondiscriminatory terms and conditions, subject to the following requirements.
(A) Within ten (10) days of receiving an Application, the Department
must determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the Department must
specifically identify the missing information, and may toll the approval
interval in Subsection 2401.3.a.1(B) below. The Applicant may
resubmit the completed Application within twenty (20) days without
additional charge, and the subsequent review will be limited to the
specifically identified missing information subsequently completed,
except to the extent material changes to the proposed facility have
been made by the Applicant (other than those requested or required
by the Department) in which case a new Application and Application
Fee for same must be submitted.
(B) The Department must make its final decision to approve or deny the
Application within sixty (60) days for a Collocation, and ninety (90)
days for any new structure, after the Application is complete (or
deemed complete).The Department must advise the Applicant in
writing of its final decision, and in the final decision document the
basis for a denial, including specific code provisions and/or
regulations on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly available, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
continue to run until the written decision, supported
by substantial evidence, is made publicly available and sent to the
Applicant. The Applicant may cure the deficiencies identified by the
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City and resubmit the Application within 30 days of the denial without
paying an additional Application Fee unless denial was issued due to
non-compliance with Design Guidelines or other requirements under
this Section 2401, in which case a new Application Fee must be
paid.
(C) The City shall approve or deny the revised Application within thirty
(30) days of receipt of the revised Application. The subsequent
review by the City shall be limited to the deficiencies cited in the
original denial and any material changes to the Application made to
cure any identified deficiencies.
2. If the City fails to act on an Application within the review period referenced in
Subsection 2401.3.a.1(B), the Applicant may provide the City written notice that
the time period for acting has lapsed, and the City then has twenty (20) days
after receipt of such notice within which to render its written decision, failing
which the Application is then deemed approved by passage of time and
operation of law and a Permit shall be deemed issued for such Application.
Applicant shall provide written notice to the City at least seven (7) days prior to
beginning construction or Collocation pursuant to the de facto Permit issued
under this Subsection, and such notice shall not be construed as an additional
opportunity for objection by the City or other entity to the deployment.
3. An Applicant seeking to construct, modify or replace a network of
the
City401.7 below,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not delay or affect other sites
submitted in the same Application. The City shall grant a Permit(s) for any and
all sites in a consolidated Application that it does not otherwise deny, subject to
the requirements of this Section.
b. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve within sixty (60) days and may not deny Applications for
Eligible Facilities Requests according to the procedures established under 47 C.F.R.
2
1.40001(c).
2
Review of applications. A State or local government may not deny and shall approve any eligible facilities request for
modification of an eligible support structure that does not substantially change the physical dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this
section, a State or local government may require the applicant to provide documentation or information only to the extent
reasonably related to determining whether the request meets the requirements of this section. A State or local government may
not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate
the need for such wireless facilities or to justify the business decision to modify such wireless facilities.
(2) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this
section, the State or local government shall approve the application unless it determines that the application is not covered by
this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when the application is filed, and may be tolled only by
mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The
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c. Small Wireless Facilities; Maximum Height; Other Requirements.
1. Maximum Size of Permitted Use. Small Wireless Facilities, and new,
modified or Replacement Poles, Towers and Support Structures (subject to
the further limitation for Replacement of Support Structures described in
Subsection 2400.2.aa above to be used for Collocation of Small Wireless
Facilities may be placed in the Public Right of Way as a permitted use in
accordance with this Subsection 2401.2, subject to the following
requirements:
(A) New Poles, but not new Towers, may be installed in the Public
ROW as long as their installation facilitates the extension of
existing pole lines or does not result in the creation of parallel
paths of poles or exceed the greater of:
i. Five (5) feet above the tallest existing Pole, Tower, or
Support Structure not exceeding 50 feet in the Public
ROW, in place as of the effective date of this Article, and
located within 500 feet of the new proposed Pole, Tower,
or Support Structure; or ten
poles where required by the electrical utility separation
requirements; or
ii. Fifty (50) feet above ground level.
(B) Each modified or Replacement Pole, Tower, or Support Structure
installed in the Public ROW shall not exceed the greater of:
i. five (5) feet above the height of the Pole, Tower or
Support Structure being modified or replaced in place as
of the effective date of this Article; or ten (10) feet on
utility distribution poles where required by the electrical
timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local government must provide written notice to the applicant
within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such
delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State
or local government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government will have 10 days to notify the applicant that the
supplemental submission did not provide the information identified in the original notice delineating missing information. The
timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (c)(3).
Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to approve or deny a request seeking approval under
this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has
expired (accounting for any tolling) that the application has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent
jurisdiction.
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utility separation requirements; or
ii. the height limit under Subsection 2401.3.c.1(A).
(C) Division 3, Chapter 9 of this Code shall apply to all new Poles
and modified or Replacement Pole, Tower, or Support
Structures.
d. Discretionary Review Requirements. Unless an Applicant seeks to install a
Communications Facility that conforms to the specific uses and size and height
limitations set forth in Subsection 2401.2.a above (or involves Ordinary
Maintenance, Repair and Replacement), the Application shall require a minor use
permit under Section 9262.
e. Undergrounding Provisions. The City shall administer undergrounding provisions in
a non-discriminatory manner.
1. Underground Districts. The provisions in Division 4, Chapter 3, governing the
creation of Underground Utility Districts in the City shall apply with full force
and effect to Wireless Facilities, Wireless Service Providers and Wireless
Providers, provided compliance by the Wireless Facilities or Wireless Service
Providers does not discriminate against or unduly inhibit or prevent them from
providing wireless services. An Applicant shall comply with nondiscriminatory
City undergrounding requirements, including requirements that apply in
existing Underground Utility Districts or in Districts established after the
effective date of this Article.
2. Outside Underground Districts. Outside established Underground Districts
now established or established in the future the City may require relocation
without expense to City of any poles, wires, conduits and appurtenances
theretofore installed, in accordance with Section 2401.3.g. In areas where
existing aerial utilities are being moved underground, Wireless Providers shall
be required at their own expense to move their Wireless Facilities to another
Pole, if the undergrounding requires the removal of the Pole used by those
Wireless Facilities. The City shall make available for the use of said Wireless
Facilities any City-owned Pole or street light pole in a suitable location which
can accommodate said Wireless Facilities. No additional fees shall be
imposed in connection with said relocation, but applicable Make-Ready,
Annual ROW and Occupancy, and Attachments Fees pursuant to Section
2401.1.b.2-4, shall continue to apply. To the degree such vertical structures
are not available, the Applicant must apply for a minor use permit pursuant to
Section 9262 to install new poles.
f. Effect of Permit.
1. Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may already
have an interest in the Public ROW.
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2. Duration. Any Permit for construction issued under this Section 2401 shall be
valid for a period of six (6) months after issuance during which the construction
must be completed, provided that the six month period shall be extended for up
to an additional 6 months upon written request of the Applicant (made prior to
the end of the initial 6 month period) if the failure to complete construction is
delayed as a result of circumstances beyond the reasonable control of the
Applicant.
g. Removal, Relocation or Modification of a Communications Facility in the ROW.
1. Notice. Within ninety (90) days following written notice from the City, a Provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
Communications Facility within the Public ROW whenever the City has
determined that such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation of any City
improvement in or upon, or the operations of the City in or upon, the Public
ROW. The City shall apply the same standards to all utilities in the Public ROW.
2. Emergency Removal or Relocation of Facilities. The City retains the right and
privilege to cut power to or move any Communications Facility located within the
Public ROW of the City, as the City may determine to be necessary, appropriate
or useful in response to any public welfare emergency, or safety emergency. If
circumstances permit, the City shall notify the Provider and provide the Provider
an opportunity to move its own facilities prior to cutting power to or removing the
Communications Facility and in all cases shall notify the Provider after cutting
power to or removing the Communications Facility as promptly as reasonably
possible. The Provider shall pay the City its costs necessarily incurred to move
the Communications Facility within thirty (30) days of receiving a written
statement from the City detailing the costs.
3. Abandonment of Facilities. A Provider is required to notify the City of
abandonment of any Communications Facility at the time the decision to
abandon is made, however, in no case shall such notification be made later than
30 days prior to abandonment. Following receipt of such notice, the City shall
direct the Provider to remove all or any portion of the Communications Facility if
the City determines that such removal will be in the best interest of public safety
and public welfare. If the Provider fails to remove the abandoned facility within
sixty (60) days after such notice, the City may undertake to do so and recover
the actual expenses of doing so from the Provider, its successors and/or
assigns.
4. Structural reconditioning, repair and replacement. From time to time, the City
may paint, recondition, or otherwise improve or repair the City Poles in a
cooperate with the City to carry out Reconditioning Work activities in a manner
ty.
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(A) Prior to commencing Reconditioning Work, the City will use reasonable
efforts to provide the Provider with at least sixty (60) days prior written
notice. Upon receiving that notice, it shall be
responsibility to provide adequate measures to cover, remove, or
otherwise protect the Pro from the
consequences of the Reconditioning Work, including but not limited to
paint and debris fallout. The City reserves the right to require the
Provider to remove all the
City Pole and surrounding premises during Reconditioning Work,
provided the requirement to remove same is contained in the written
notice required by this Subsection. All costs associated with the
protection measures, including temporary removal, shall be the sole
responsibility of the Provider. If the City fails in good faith to give notice of
less than sixty (60the City
this Subsection. In all cases, as much notice as possible should be
provided. The City will provide the Provider with a date by which its
equipment must be protected or removed.
(B) The Provider may request a modification of the City procedures for
carrying out Reconditioning Work in order to reduce the interference with
the City agrees to
the modification, the Provider shall be responsible for all reasonable
incremental cost related to the modification.
(C) If the City the City
shall give Provider at least sixty (60) days written notice to remove its
Communications Facilities. The City shall also promptly notify Provider
when the City Poles have been replaced and Provider may re-install its
equipment. During the Replacement Work, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
City, on any land owned or controlled by City, in the vicinity of the
property. If the property will not accommodate the Provider's temporary
Communications Facility or if the parties cannot agree on a temporary
location, the Provider, at its sole option, shall have the right to suspend
the applicable permit, until the replacement Pole is installed, upon thirty
(30) days written notice to the City.
(D) If the City Poles need to be repaired due to storm or other damage
Communications Facilities as soon as possible. In the event of an
emergency, the City shall contact the Provider by telephone at its
equipment. Once the City Poles have been replaced or repaired, the City
will promptly notify the Provider that it can reinstall its equipment. During
City Repair Work, with the approval of the City which shall not be
unreasonably withheld or delayed, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
Provider, on any land owned or controlled by the City in the vicinity of the
property that the City determines is suitable for that use. All cost
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associated with any removal or protection of Communications Facilities
shall be the sole responsibility of the Provider without prejudice to the
than the City.
h. Attachment to City Poles in the Public ROW.
1. Make-Ready. For any attachment to City Poles in the Public ROW, except as
otherwise provided in the agreement required by Section 2401.1.a, the City shall
provide a good faith estimate for any make- ready work necessary to enable the
City Pole to support the proposed facility, including Replacement of the Pole if
necessary, within sixty (60) days after receipt of a completed Application
requesting attachment to the City Pole. Make-ready work including any Pole
Replacement shall be completed within one hundred and twenty (120) days of
written acceptance of the good faith estimate by the Provider. Such acceptance
shall be signified by payment via check or other commercially reasonable and
customary means specified by the City.
Section 2401.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. All other uses not expressly set forth or referenced in
Subsection 2401.2(a) above shall require compliance with, and issuance of a minor
use permit pursuant to Section 9262.
Section 2401.5 Other Public ROW Installation Requirements.
a. General Principles.
1. The City shall have the power to establish reasonable and non- discriminatory
limitations on the placement of new or additional facilities within specific
congested segments of the Public ROW if there is insufficient space to
accommodate all of the requests of Applicants or other Persons to occupy
and use the Public ROW. In making such decisions, the City shall to the
extent possible accommodate all existing users and potential users (i.e. those
who have submitted an Application to deploy facilities within the Public ROW)
of the Public ROW, and shall be guided primarily by considerations of the
public interest, the width and physical condition of the Public ROW, the time of
year with respect to essential utilities, the protection of existing facilities and
uses in the Public ROW and established plans for public improvements and
development projects which have been determined to be in the public's
interest.
2. Leasing of excess space in ducts, conduits and on a Pole is a matter between
interested parties (subject to any applicable Pole Attachment regulations and
any other applicable statutory, regulatory or contractual obligations); however,
lessees or licensees of such physical facilities must still comply with the
terms of this Article, unless otherwise expressly exempted by the City.
3. An occupant of the Public ROW shall employ due care during the installation
and maintenance process, and comply with all safety and Public ROW-
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protection requirements of applicable Federal, State and local Laws (and any
generally applicable City guidelines, standards and practices), and any
additional commonly accepted safety and Public ROW-protection standards,
methods and devices (to the extent not inconsistent with applicable Laws).
All facilities under the streets of the City shall be kept and maintained in a safe
and well-ordered condition, and in good order and repair.
(A) Any permittee occupying any portion of the Public ROW shall erect a
barrier around the perimeter of any excavation and provide any and all
traffic-control devices, signs and lights appropriate to the level of
complexity of the activity in order to protect, warn and guide the public
(vehicular and pedestrian) through the work zone. The manner and use
of these devices shall be described within a traffic-control plan in
accordance with the Uniform Manual of Traffic Control Devices.
(B) Occupants of the Public ROW with open excavations awaiting final
restoration shall maintain all devices until the City notifies the occupant in
writing that the City or the Citysignated contractor is assuming
responsibility for traffic control.
(C) Each occupant shall designate a safety officer. The safety officer shall be
responsible for safety-related issues affecting both the public and the
occupant's field employees and contractors for all job sites within the
Public ROW.
4. Location of Existing Facilities.
(A) An occupant of the Public ROW shall not place any fixtures or equipment
where the same will interfere with any existing facility, and shall locate its
lines and equipment in such a manner as not to interfere with the usual
traffic patterns (vehicular or pedestrian) or with the rights or reasonable
convenience of owners of property that abuts any Public ROW.
(B) To minimize disruption of public passage or infrastructure, to forestall or
relieve overcrowding of the Public ROW, or to protect Historic Property or
environmentally sensitive areas, the City may require, as a condition of
issuing any Permit for placement of underground facilities or new
Applicant poles that the occupant place empty conduits, and/or reserve
space on a new Applicant pole in excess of its own present and
reasonably foreseeable requirements for the purpose of accommodating
the Cityent or reasonably foreseeable governmental, not-for-
resale use as set forth in the applicable Permit. The occupant shall
cooperate with the City in any such construction, provided that the City
has first notified the occupant in writing that it is interested in reserving
such Pole space or sharing the trenches or bores in the area where the
construction is occurring.
The occupant shall allow the City to place its infrastructure in the
the City,
provided that the City incurs the incremental costs of placing the
conduit/infrastructure as requested. The City shall be responsible for
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maintaining its facilities in the trenches and bores and/or on the Pole
under this Subsection.
(C) Before beginning excavation in any Public ROW, an occupant shall
comply with Underground Service Alert notification procedures to
determine possible conflicts with existing underground structures and
facilities in the area to be excavated.
5. Relocation of Existing Facilities.
(A) If relocation of facilities is required as a result of any public project, the
City shall provide the greatest practical advance notice to the affected
occupants of the Public ROW and shall facilitate the greatest reasonable
project coordination among the affected occupants, whereas coordinated
sequencing dependencies are common. Generally, projects of greater
scale and scope will have a longer planning horizon, and commensurate
notice.
(B) The objective of the relocation process recognizes the mutual obligations
and responsibilities of the City and the Public ROW occupants to avoid or
minimize service disruption and to timely and economically complete the
public project. Public ROW occupants are obligated to proceed with
diligent speed and attention so as not to unreasonably delay or
complicate a public project.
(C) As general guidance, projects involving a public project of less than One
Million Dollars ($1,000,000), or ten (10) utility poles, or One Thousand
(1000) frontage feet of public roadway would be smaller projects; and
projects greater than any of the above would be larger projects. A
reasonable, general expectation is that smaller projects would provide
and eig
ROW occupants.
(D) Unless otherwise provided by applicable Law, the occupant, at no cost to
the City, shall accomplish the necessary relocation within a reasonable
time from the date of the notification, but, in no event, later than seven (7)
days prior to the date the City has notified the occupant that it intends to
in the case of emergencies. With as much notice as possible, but, except
for emergencies, no less than ninety (90) days following written notice
from the City, a Provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or alter
the position of any Communications Facility.
(E)
for relocation of the Communications Facility, whenever the City has
determined that removal, relocation, change or alteration of facilities
within the Public ROW is reasonably necessary for the construction,
repair, maintenance or installation of any City improvement in or upon, or
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2:
the operations of the City in or upon, the Public ROW.
(F) The City may not require an Applicant to perform services unrelated to
the Communications Facility or Support Structure for which approval is
sought, or to provide in-kind contributions, except for reserving Pole
space or placing conduit in the trench or bore for governmental, not-for-
resale City use as provided in Section 2401.5.a.4(B). Notwithstanding the
foregoing, an Applicant may offer in-kind contributions related to the
Communications Facility or Support Structure for which approval is
sought, on a reasonable and nondiscriminatory basis, including by
contributing the cash value of an in-kind contribution already provided by
another party.
6. In the event of an emergency where any Communications Facility in the Public
ROW creates or is contributing to an imminent danger to health, safety, or
property, the City may protect, support, temporarily disconnect, remove, or
relocate any or all parts of such Communications Facility, and charge the
occupant for actual and reasonable costs incurred. The City shall use a
emergency contact information of record, or best available contact
information, for prior notice, and if not possible because of emergent and
imminent danger, shall notify the occupant promptly afterwards. Ten (10) days
after notification as outlined in this Subsection, the City may remove any
Communications Facilities that obstructs the progress of a public project. All
costs associated with any removal or protection of Communications Equipment
shall be the sole responsibility of the Provider.
7. Abandonment of Facilities.
(A) Any occupant of the Public ROW that intends to permanently discontinue
use of any facilities within the Public ROW shall notify the City in writing
within thirty (30) days prior to abandonment. Such notice shall describe
the facilities for which the use is to be discontinued, and the date of
discontinuance of use. Upon notification, the City will chose from the
following options within 30 days or any other agreed upon option, and so
notify the occupant of its decision:
1. Abandon the facilities in place and the occupant shall further
convey full title and ownership of such abandoned facilities to the
City. The occupant is responsible for all obligations of the
facilities, or other associated liabilities until the conveyance to the
City is completed; or
2. The facilities shall be removed, and the occupant shall be liable
for removing the facilities at its own cost. If an occupant fails to
remove facilities that the City requires it to remove, after ninety
The occupant or its successors and/or assigns shall pay the City
the costs of removal within thirty (30) days after the City provides
a written statement detailing the costs.
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b. Additional Requirements.
1. General. All deployments of Communications Facilities in the Public ROW shall
comply with the following:
(A) Compliance with ADA and other applicable Federal, State and local Laws
and standards.
(B) Pedestrian and vehicular traffic and safety requirements established by
the City.
(C) Existing Public ROW occupancy or management ordinances, not
otherwise inconsistent with this Article.
2. Design Standards. All aboveground Communications Facilities in the Public
ROW requiring Administrative Review only shall conform to the Aesthetic
Guidelines for Wireless Telecommunication Facilities adopted by resolution by
the City as required by Section 5620 of this Code.
3. Additional Permits. In addition to obtaining a Permit for installation of a
Communications Facility in the Public ROW, an Applicant must enter the
Agreement in Attachment A and obtain the following additional permits:
encroachment permit and applicable permits under Section 3000.
4. Placement of facilities. The City engineer may assign specific corridors within the
Public ROW for each type of Communication Facility as he determines may be
necessary for each type of facility that is or may be located in the Public ROW.
In making these assignments the City engineer shall consider facility types that
currently exist or which, based on current technology, may be located within the
Public ROW in the future. All excavation, obstruction, or other Permits issued by
the City engineer involving the installation or replacement of facilities shall
designate the proper corridor for the facilities.
c. Mapping Data. Applicants shall provide to the City engineer information indicating the
horizontal and approximate vertical location, relative to the boundaries of the Public
ROW, of all equipment which it owns or over which it has control, and which is located
in any Public ROW. Mapping data shall be provided with the specificity and in the format
requested by the City engineer for inclusion in the mapping system used by the City
engineer.
d. Existing Utility Easements in the Public Right of Way.
1. Applicants will work with the City engineer to coordinate and protect existing
utilities in the Public ROW.
2. Applicants will coordinate with the City engineer all public safety
considerations prior to and during installation in the Public ROW to ensure
public safety response in the case of gas line, water line, sewer line or
electricity disturbance.
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Section 2401.6 Attachment to and Replacement of Decorative Poles.
Notwithstanding anything to the contrary in this Article, an Applicant may install a Small Wireless
Facility on a Decorative Pole, or may Replace a Decorative Pole with a new Decorative Pole that is
in keeping with the aesthetics of the existing Decorative Pole, in the event the existing Decorative
Pole will not structurally support the attachment, the attachment may be made only upon satisfaction
of the following additional requirements:
A. Issuance of a Permit under Subsection 2401.2.a above.
B. The attachment and/or the Replacement Pole is in keeping with the aesthetics of the
Decorative Pole in the judgment of the City.
Section 2401.7 Batch Applications.
An Applicant may submit simultaneously not more than fifteen (15) Applications for a network of
multiple Communications Facilities within adjacent, related geographic areas of the City.
Alternatively, Applicant may file a single, consolidated Application covering such facilities.
Section 2402. Governance of Deployment Outside the Public ROW
Section 2402.1 Administrative Review of Permitted Communications Facility Uses;
Application and Fees.
a. Permitted Use. The following uses outside the Public ROW, on privately-owned
property (including within any Utility Easement, to the extent expressly set forth
below), shall be a permitted use, subject to Administrative Review only and issuance
of a Permit as set forth in this Section 2402
install and operate the Communications Facility on the property or structure:
1. Collocation of a Small Wireless Facility or a Collocation that qualifies as an
Eligible Facilities Request on privately-owned property including, without
limitation, within a Utility Easement, consistent with the height and other
limitations set forth in Subsection 2401.3.c above;
2. Modification of a Pole, Tower or Support Structure, or Replacement of a Pole
or Tower, for Collocation of a Communications Facility on privately-owned
property (including within a Utility Easement that contains other existing
Poles) that qualifies as an Eligible Facilities Request or involves a Small
Wireless Facility that does not exceed the limitations set forth in Subsection
2401.3.c.1(A)(i) above. All other such modifications or Replacements require
a minor use permit pursuant to Section 9262.
3. Construction of a new Pole (or monopole Tower), within a Utility Easement on
which there currently exist adjacent Poles that are unavailable for Collocation
due to structural, accessibility or other reasons, to be used for Collocation of a
Small Wireless Facility (that does not exceed the maximum height set forth in
Subsection 2401.3.c.1(A)(i) above), and the new Pole (or monopole Tower) is
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similar in design, size and scale to those of the existing, adjacent Poles; and
4. Construction of a Communications Facility, other than those set forth in
subparagraphs 1,2 or 3 in this Subsection 2402.1.a, involving the installation
of coaxial, fiber-optic or other cabling, that is installed underground in
accordance with applicable City standards or aboveground between two or
more Poles or a Pole and a Tower and/or Support Structure, and related
equipment and appurtenances.
b. Permit Required. No Person shall place a facility described in Subsection 2402.1(a)
or perform any construction activities above without first filing an Application for same
and obtaining a Permit therefor, except in Subsection 2400.2(s) or as otherwise
expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may
designate portions of its Application materials that it reasonably believes contain
marking each portion of such materials accordingly, and the City shall treat the
information as proprietary and confidential, subject to applicable State and local
the Cityhe
is reasonable.
d. Administrative Review Application Requirements. The Application shall be made by
the applicable Provider or its duly authorized representative and shall contain the
following:
1. -mail address,
including emergency contact information of record.
2. A certification by the Applicant that it has the legal right to install and operate
the Communications Facility on the property or structure.
3. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
4. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
5. Detailed construction drawings regarding the proposed facility.
6. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation or that the Pole, Tower or Support Structure will be modified to meet
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structural requirements) in accordance with Applicable Codes.
7. For any aboveground facilities, visual depictions or representations, if not
included in the Construction drawings.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for applicable Permits described in Subsection 2401.5b(iii) above.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty (30) days after the change
necessitating the change.
Section 2402.2 Action on Administrative Review Application.
a. Review of Applications for Administrative Review.
(i) The City shall review the Application in light of its conformity with applicable
provisions of this Article, and shall issue a Permit on nondiscriminatory terms
and conditions, subject to the following requirements:
(A) Within ten (10) days of receiving an Application, the City must
determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the City must specifically
identify the missing information, and may toll the approval interval in
Subsection 2402.2(a)(i)(B). The Applicant may resubmit the completed
Application within twenty (20) days without additional charge, and the
subsequent review will be limited to the specifically identified missing
information subsequently completed, except to the extent material
changes to the proposed facility have been made by the Applicant
(other than those requested or required by the City) in which case a
new Application and Application Fee for same must be submitted; and
(B) The City must make its final decision to approve or deny the
Application within sixty (60) days for a collocation, and ninety (90)
days for any new structure, after the Application is complete, or
deemed completed (These time limits for acting on applications are
; and
(C) The City must advise the Applicant in writing of its final decision, and
in the final decision document the basis for a denial, including specific
code provisions on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly released, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
substantial evidence, is released and sent to the Applicant
contemporaneously. The Applicant may cure the deficiencies identified
by the City and resubmit the Application within thirty (30) days of the
denial without paying an additional Application Fee, unless denial was
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issued due to noncompliance with Design Guidelines or other
requirements under this Article (in which case a new Application Fee
must be paid). The City shall approve or deny the revised Application
within thirty (30) days of receipt of the revised Application. The
subsequent review by the City shall be limited to the deficiencies cited
in the original denial.
(ii) If the City fails to act on an Application within the shot clock referenced in
Subsection 2402.2(a)(i)(B) above, the Applicant may provide the City written
notice that the time period for acting has lapsed, and the City then has twenty
(20) days after receipt of such notice within which to render its written decision,
failing which the Application is then deemed approved by passage of time and
operation of law.
(iii) An Applicant seeking to construct, modify or replace a network of
the
City401.7 above,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not affect other sites submitted in the
same Application. The City shall grant a Permit(s) for any and all sites in a
consolidated Application that it does not otherwise deny, subject to the
requirements of this Section.
b. Effect of Permit.
(i) Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may own or
have other interests in the Utility Easement or other privately- owned property.
(ii) Duration. Any Permit for construction issued under this Article III shall be valid
for a period of six (6) months after issuance, provided that the six month period
shall be extended for up to an additional 6 months upon written request of the
Applicant (made prior to the end of the initial 6 month period) if the failure to
complete construction is delayed as a result of circumstances beyond the
reasonable control of the Applicant.
Section 2402.3 Eligible Facilities Requests.
a. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve and may not deny Applications for Eligible Facilities
Requests within sixty (60) days according to the procedures established under 47
C.F.R. 1.40001(c).
Section 2402.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. The following uses on private property including,
without limitation, on any Utility Easement, shall require compliance with, and
issuance of a minor use permit under Section 9262:
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(i) Collocation of Wireless Facilities that do not qualify as Eligible Facilities
Requests.
(ii) All other uses not expressly set forth or referenced in Subsection 2402.1(a)
above.
Section 2402.5 Temporary and Emergency Installations.
a. A Deployable may be operated for a period of not more than one hundred and twenty
(120) days, when operated in connection with a special event after issuance by the
City of a Permit based upon an Administrative Review only. Deployable operated in
conjunction with a special event shall meet reasonable setbacks determined by the
\[City engineer\], shall be subject to receipt of a valid building Permit, if applicable,
shall meet uniform fire code requirements, and shall be removed within seventy-two
(72) hours of completion of the event.
b. A Deployable may be operated in any zoning district after a declaration of an
emergency or a disaster by the City executive.
Section 2402.6 Design Standards.
All aboveground Communications Facilities to be installed outside of the Public ROW and requiring
Administrative Review only shall conform to the design standards in Resolution No. 2019-14 or any
amendments thereto.
Section 2402.7 Violation of this Article:
a. Civil penalty. A violation of any of the provisions of this Article by an
Applicant or Provider shall be subject to a civil penalty of One Thousand Dollars
$1,000 for each violation which continues more than thirty (30) days after
written notice of such violation is provided to the Applicant or Provider by the City.
Each day, after such notice, that a violation occurs or is permitted to exist by the
Applicant or Provider constitutes a separate offense.
b. Violation a misdemeanor. Any person, firm or corporation, whether as principal,
agent, or employee or otherwise, violating or causing the violation of any of the
provisions of this Article, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not more than five hundred dollars ($500.00)
or by imprisonment in the County of Mendocino jail for a term not exceeding six (6)
months, or by both such fine and imprisonment. Each such person, firm or
corporation, shall be deemed to be guilty of a separate offense for each and every
day during any portion of which any violation of this Article is committed or continued
by such person, firm or corporation, and shall be punishable as herein provided.
c. Violation as a public nuisance. Any Pole, Tower, Antenna, Communications Facility,
or Support Structure built, erected, or constructed, altered,
enlarged, converted, moved, set up, or maintained contrary to the provisions of this
Article and any use thereof established, conducted, operated or maintained contrary
to the provisions of this Article, shall be and the same is hereby declared to be
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unlawful and a public nuisance; and the City Attorney shall, upon order of the City
Council, immediately commence action or proceedings for the abatement and
removal and enjoinment thereof, in the manner provided by law, and shall take such
other steps and shall apply to such courts as may have jurisdiction to grant such
relief as will abate and remove such Facilities and restrain and enjoin any person,
firm or corporation from setting up, erecting, building, maintaining or using any
Facilities contrary to the provisions of this Article.
d. Payment violation. Any failure of an Applicant or Provider to make a payment to the
City required
denying any pending Application or revoking any Permit. In addition, any such
Payment Violation shall be subject to a civil penalty of One Thousand Dollars
($1,000) in additional to prejudgment interest at the maximum rate provided by law
and, at the sole election of the City, when it files an action to enforce this subsection,
the prevailing party in any such action shall be entitled to recover from the other
party, its reasonable attorne
e. Remedies Cumulative. The penalties and remedies contained in this Section 2402.7
shall be cumulative and not exclusive. The City may use any one or more of the
penalties and remedies provided herein when enforcing the provisions of this Article.
Section 2402.9 Exceptions to Applicability of this Article.
Notwithstanding anything to the contrary in this Article, the following facilities are not subject to the
provisions of this Article: (1) antennas used by residential households solely for broadcast radio and
television reception; (2) satellite antennas used solely for residential or household purposes; and (3)
television and AM/FM radio broadcast Towers and associated facilities.
SECTION TWO
1. 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.
2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption
Introduced on _______, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on _______, 2019, by the following roll call vote:
AYES:
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NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
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BqqfoejyB
AGREEMENT BETWEEN THE CITY OF UKIAH AND _________________ FOR THE
USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A
WIRELESS NETWORK
This Agreement is made and entered into by and between the City of Ukiah, a municipal
____________, a _______________
RECITALS
This Agreement is made with reference to the following Recitals, each of which is deemed to be
a material term and provision of this Agreement:
A. Licensor is the owner of certain municipal facilities located in the public rights-
of-way situated within the city limits of the City of Ukiah, California.
B. Licensor also shares the use of certain non-municipal facilities located in the
public rights-of-way situated within the city limits of the City of Ukiah, California, pursuant to
the Ukiah Joint Use Agreement.
C. Licensee is duly organized and existing under the laws of the State of California,
and its lawful successors, assigns, and transferees, are authorized to conduct business in the State
of California.
D. Licensee desires to construct, operate and maintain communication sites from
Licensor-owned and non-owned poles situated in said public rights-of-way and, for such
purpose, desires to locate, place, attach, install, operate, control, and maintain antennas and other
related wireless communication equipment consistent with small cell technology on Licensor-
owned and non-owned poles in said public rights-of-way.
E. -of-way use
requirements as provided herein and as required in applicable site supplement agreements.
F. Licensee is willing to compensate Licensor in exchange for a grant and right to
use and physically occupy portions of the poles and/or the public rights-of-way as provided
herein.
AGREEMENT
1.Definitions and Exhibits.
1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto,
the following terms, phrases, words and derivations shall have the meaning given
herein.
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(a) Agreement means this Agreement for the Use of Licensor Property in
Connection with the Operation of a Wireless Network.
(b) Attachment Fee or Pole Attachment Fee means that fee described in
Section 4.1 of this Agreement.
(c) City means the City of Ukiah.
(d) Code means the Ukiah City Code and applicable federal and state codes.
(e) Equipment means Small Cell antennas and other wireless communications
equipment utilizing small cell technology that is specifically identified and
depicted in Exhibit 1 attached to each Site Supplement.
(f) EUSERC Requirements means requirements set forth by the Electric
Utility Service Equipment Requirements Committee.
(g) Hazardous Substance means any substance, chemical or waste that is
identified as hazardous or toxic in any applicable federal, state or local law
or regulation, including but not limited to petroleum products and
asbestos.
(h) Interference means physical interference and radio frequency interference.
(i) Laws means any and all applicable statutes, constitutions, ordinances,
resolutions, regulations, judicial decisions, rules, permits, approvals or
other applicable requirements of Licensor or any other governmental
activities under this Agreement or having jurisdiction that is applicable to
any aspect of this Agreement, including the Code, that are in force on date
of the execution of this Agreement, and as they may be lawfully enacted,
issued or amended during the term of this Agreement.
(j) Municipal Facility or Municipal Facilities means those Licensor owned
streetlight poles and utility poles located in the ROW that are designated
or approved by Licensor as being suitable for placement of Equipment and
over which Licensor exercises control, including under the Ukiah Joint
Use Agreement.
(k) Non-Municipal Facility or Non-Municipal Facilities means those non-
Licensor owned streetlight poles and utility poles located in the ROW that
are designated or approved by Licensor as being suitable for placement of
Equipment and over which Licensor is a permitted user under the Ukiah
Joint Use Agreement.
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(l) Permit means a permit issued and described in accordance with Laws,
which is used to regulate, monitor and control improvement, construction
or excavation activities, or other work or activity, occurring upon or
otherwise affecting the City ROW.
(m) Physical interference means where equipment, vegetation or a structure
obstruction in a necessary line-of-sight path.
(n) Radio frequency interference means the radiation or conduction of radio
frequency energy (or electronic noise) produced by electrical and
electronic devices at levels that interfere with the operation of adjacent
equipment.
(o) ROW means the surface of and the space above and below roads, streets
and alley rights-of-way and public utility easements now or hereafter
located and existing within the city limits of the City of Ukiah, California,
and dedicated or accepted for public use by the City or in which the City
has a right of use for public purposes, and, subject to the consent of
Licensor, other public ways of any type whatsoever now or hereafter
located and existing within the city limits of the City of Ukiah, California.
(p) Site Supplement means the form of the license granted by this Agreement,
described in Section 2 below, and shown on Exhibit A.
(q) Small Cell means compact communication sites in a mobile network but
providing a smaller coverage area than traditional macrocells.
(r) Term means the period that this Agreement is in effect as described in
Section 3.1 of this Agreement.
(s) Ukiah Joint Use Agreement means the Agreement dated January 3, 1918,
as amended by an Agreement dated October 10, 1930, among Licensor,
the predecessor to AT&T and a subsidiary of Comcast Corporation, under
which Licensor owns and shares poles within the ROW.
(t) Ukiah Joint Use Agreement Parties means the other parties to the Ukiah
Joint Use Agreement whose consent is required prior to any use by
Licensee of Non-Municipal Facilities.
1.2. Exhibits. The following numbered documents, which are occasionally referred to
in this Agreement, are formally incorporated and made part of this Agreement by
this reference:
(a) Exhibit A: Site Supplement.
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(b) Exhibit B: Minimum Limits of Insurance.
(c) Exhibit C: Ukiah Joint Use Agreement.
In the event of any conflict or ambiguity between this Agreement, including the above-
then this Agreement, together with the Exhibits, shall govern and prevail. In the event of any
conflict or ambiguity between this Agreement, including the Exhibits, and any Site Supplement,
then this Agreement shall govern and prevail unless otherwise stated in the Site Supplement.
2. Site Supplement Granted and Terms.
2.1. Scope. Licensor, acting in its proprietary capacity as the owner of Municipal
Facilities in the ROW, does grant to Licensee a non-exclusive license to use the
Municipal Facilities identified in Exhibit 1 to each Site Supplement to attach,
install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace
the Equipment that may be required or desired to operate a Small Cell site (the
ms, conditions and other
provisions set forth in this Agreement, to applicable provisions of the Code, the
requirements of Licensor issued Permits, any applicable provisions of the Ukiah
Joint Use Agreement and all applicable Laws and reasonable regulations of any
regulatory agency having competent jurisdiction.
2.2. Use of Licensor Property. The Site Supplement allows Licensee to access,
occupy and use allocated available space on the Municipal Facility pole identified
in Exhibit 1 to each Site Supplement to attach, install, operate, maintain, upgrade,
remove, reattach, reinstall, relocate and replace the Equipment, as depicted in
such Exhibit 1, solely for the purpose of Licensee operating a Small Cell site.
Subject to any limitations and conditions required by this Agreement or by any
Permit or approvals issued by Licensor in association with any installations,
including, without limitation, any conditions reasonably required by Licensor to
address impacts on private property adjacent to the applicable Municipal Facility
pole, the Site Supplement also allows the installation, operation and maintenance
of ground based, pad mounted equipment cabinets and/or power pedestals needed
for the operation of Equipment attached to any of the Municipal Facilities,
together with any related conduit, cable or wiring, with the location of any such
cabinet or pedestal determined in connection with the issuance of any Permit (if
needed). With limited exceptions, such as in case of emergency, Licensee shall
have access to the Municipal Facilities upon which Equipment is installed twenty-
four (24) hours a day, seven (7) days a week, provided, however, if such access
requires entry onto private property or unduly interferes with access to or the
quiet enjoyment of private property, Licensee shall coordinate its access with the
owner or occupant of such private property to avoid or minimize the impacts of
the use.
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2.3. Limitations on Use. Except as otherwise expressly provided herein, the Site
Supplement does not authorize Licensee to:
(a) Occupy or use any poles, improvements or structures of any kind, or any
underground areas, whether within or without the ROW, other than the
items depicted in Exhibit 1 attached to a Site Supplement;
(b) Occupy or use any poles, improvements or structures of any kind, whether
within or without the ROW, that are located within one hundred feet
(c) Subject to Section 2.5 below, enter upon public property and attach,
install, operate, maintain, upgrade, remove, reattach, reinstall, relocate,
and/or replace any item of equipment in or on poles or other structures not
owned by and under the control of Licensor and located within the ROW,
unless Licensor is a permitted user under the Ukiah Joint Use Agreement.
2.4. Alterations. If Licensee proposes to install Equipment which is different in any
material way from the then-existing and approved Equipment, then Licensee shall
first obtain the written approval for the use and installation of the unauthorized
Equipment from an authorized representative of Licensor. In addition to any
other submittal requirements, and if requested by Licensor, Licensee shall provide
cilities upon which it intends
to modify Equipment in the ROW. Notwithstanding the foregoing, Licensee may
modify its Equipment with like-kind or similar Equipment in accordance with any
Permit issued without prior written approval of Licensor.
2.5. Additional Installations. If adequate Municipal Facilities do not exist and existing
Municipal Facilities cannot be upgraded to be made adequate for the attachment
of Equipment, Licensee may install its Equipment on the Non-Municipal
Facilities or other poles in the ROW lawfully owned and operated by third parties.
Subject to obtaining the written permission of the Ukiah Joint Use Agreement
Parties or other owner(s) of the affected property and any required Permits (and
paying any fees approved in advance by Licensee), Licensor hereby authorizes
and allows Licensee to enter upon the ROW and to attach, install, operate,
maintain, remove, reattach, reinstall, relocate and replace Equipment in or on
Non-Municipal Facilities or other poles or other structures lawfully owned and
operated by the Ukiah Joint Use Agreement Parties or other public utility
companies or property owners located within or outside the ROW as may be
permitted by such parties and the Ukiah Joint Use Agreement, if applicable. In
such situation, a Site Supplement shall be required but a Pole Attachment Fee
need not be paid. Licensee shall furnish to Licensor documentation in a form
acceptable to Licensor of such permission from the individual utility or property
owner responsible. Further, where Municipal Facilities exist that can be made
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Ukiah/Verizon Wireless Master Agreement
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adequate for the attachment of Equipment, Licensee may not install new poles or
structures or create a parallel path or route for its equipment, provided, however,
that Licensee may install additional poles or structures if necessary to complete a
path or route where existing Municipal Facilities terminate. Nothing herein is
intended to limit (i) any rights Licensee may have in accordance with Laws or the
Code to install its own poles in the ROW if Licensor and Licensee are unable to
mutually agree to enter into a Site Supplement, or if adequate Municipal Facilities
do not exist and existing Municipal Facilities cannot be upgraded to be made
adequate for the attachment of Equipment subject to necessary Permits, or (ii),
except as otherwise expressly set forth herein, any rights of Licensor under Laws
or the Code to regulate and charge for the use of the ROW or to regulate the use
of property outside the ROW.
3. Term of Supplements and Agreement; Cancellation; Termination; Removal or
Abandonment at Expiration.
3.1. Agreement Term. This Agreement shall be in effect for a period of no less than
ten (10) years commencing on the date that this Agreement is fully executed (the
omatically be extended for three (3)
Licensor or Licensee provides written notice to the other party of its intent not to
extend at least ninety (90) days prior to the end of the applicable term, provided,
however, that at the time of the extension, Licensee is not in Default, after written
notice and the expiration of any applicable cure period, under this Agreement.
3.2. Supplement Term. Each Site Supplement shall be in effect for a period of ten
with each Site Supplement, and expiring on the day before the tenth (10th)
anniversary of the Commencement Date unless sooner cancelled or terminated as
provided herein (
Default of the Site Supplement, the Supplement Term will automatically be
extended for up to three (3), successive, five (5) year periods (each, a
year extension of the
Supplement Term commencing immediately upon the expiration of the initial
period of the Supplement Term, and each additional five (5) year extension of the
Supplement Term commencing immediately upon the expiration of the preceding
additional period of the Supplement Term unless notice of non-extension is
provided to Licensor by Licensee prior to the commencement of the succeeding
Supplement Renewal Term. All of the provisions of this Agreement shall be in
effect during the Supplement Term and any extension of the Supplement Term
regardless of whether or not the term of the Agreement has expired. No new Site
Supplement shall be entered into during the last Agreement Renewal Term unless
an amendment to this Agreement has been entered into extending the Term.
3.3. Cancellation.
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Ukiah/Verizon Wireless Master Agreement
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(a) Licensee may cancel this Agreement or any Site Supplement before the
date of expiration by providing Licensor with ninety (90) days express
written notice of cancellation. Any prepaid Pole Attachment Fee shall be
retained by Licensor. This Agreement and all Site Supplements may only
be cancelled or terminated as provided in this Agreement or any Site
Supplement.
(b) Except as otherwise provided herein, Licensor may terminate this
any Supplement, for Cause upon ten
(10) days' prior written notice sent by Licensor to Licensee; in that event,
Licensor may exercise its legal rights and/or equitable remedies hereby
reserved under this Agreement or in law or equity at any time, including,
without limitation, the right to recover any uncollected annual costs and
fees that would be due and payable by Licensee to Licensor if this
Agreement had not been terminated during the Term for Cause. A
(i) Licensee has failed to cure a
material Default of this Agreement within thirty (30) days after it receives
efault can be cured and such
cure reasonably requires more than thirty (30) days to achieve, fails to
commence such cure within the specified period but, thereafter, diligently
continues such cure until completion thereof; (ii) the California Public
or other agency exercising jurisdiction over Licensee has, by final order or
action that is no longer subject to appeal, terminated or otherwise revoked
the Licensee's approval, authorization, certification or license to operate
the Equipment, to provide communications service, or to transact
business; or (iii) the Licensee's authority to do business in California has
expired or is rescinded or terminated by final order or action that is no
longer subject to appeal.
3.4. Changes in Law. The Parties acknowledge that the subject of wireline and
wireless communications facilities in the context of pole attachments has been
addressed and continues to be addressed by federal and California authorities. If,
during the term of this Agreement, a Law is adopted, amended or repealed and is
made binding upon the City and is applicable to this Agreement, then the Parties
agree to negotiate in good faith an amendment to this Agreement (or a new
agreement, as the case may be) to the extent necessary (if at all) to comply with
such Law. If the Parties cannot mutually agree to an amendment to this
Agreement (or a new agreement) within three (3) months after a Party receives
the other Party's request to negotiate an amendment to this Agreement (or a new
agreement, as the case may be) pursuant to this Section, then the Parties will agree
to submit the dispute to mediation and non-binding arbitration under mutually
acceptable terms and conditions.
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3.5. Abandonment. If Licensee abandons the use of a Municipal Facilities location for
a period of six (6) or more consecutive months, the Equipment for such Municipal
Facilities shall be removed at the expense of Licensee. In the event Licensee is
unable or refuses to remove such Equipment when requested by Licensor,
see and
Licensee shall be responsible for all costs incurred for such removal and shall
reimburse Licensor within forty-five (45) days of the Equipment removal.
4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and
charge
those set forth as follows:
4.1. Pole Attachment Fee. Licensee shall pay to Licensor an annual fee for each Site
Supplement pursuant to the following table:
Year: Pole Attachment Fee:
2018 $94.00
2019 $97.00
2020 $100.00
2021 $103.00
2022 $106.00
2023 $109.00
2024 $112.00
2025 $115.00
2026 $118.00
2027 $122.00
2028 $126.00
2029 $130.00
2030 $134.00
The initial Pole Attachment Fee for each Site Supplement shall be due as
of the Effective Date of each such Site Supplement, and shall not be
prorated for any partial initial year. Thereafter, the Pole Attachment Fee
for each Site Supplement shall be due on or before January 1 of each year
during the Supplement Term (or until such earlier time as such Site
Supplement is terminated). Notwithstanding the foregoing, Licensor and
Licensee acknowledge and agree that the initial Pole Attachment Fee
payment for any Site Supplement hereunder may not actually be paid by
Licensee until sixty (60) days after the Effective Date of such Site
Supplement. Commencing on January 1, 2031, the annual Pole
Attachment Fee shall be increased by three percent (3%) annually over the
rate previously in effect, such amount to be rounded up or down, as
applicable, to the nearest whole dollar. Licensor also hereby agrees to
provide to Licensee (i) a completed, current version of Internal Revenue
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Service Form W-9, or equivalent; and (ii) complete and fully executed
state and local withholding forms if required.
4.2. Permit and Additional Charges. No payment is collected under this Agreement
for any Permit issued in connection with the installation of Equipment at any
Municipal Facility. Permit requirements, fees and charges are solely governed by
the requirements imposed by the Code and approved policies and procedures.
Fees and charges for any such Permit will be collected at the time such a Permit is
applied for and issued. In the event work will be required to be done by Licensor
in connection with the installation of any Equipment (cable pulls, transformer
connections/upgrades, etc.), Licensee will be responsible for payment to Licensor
for such work, which work shall be approved in advance by Licensee. The cost of
said work will be based on a time and materials basis and payment shall be made
to Licensor within forty-five (45) days of submittal of the invoice to Licensee for
the work. Determination of any necessary work to be done by Licensor will be
established at the time each Site Supplement is negotiated, approved and a
subsequent application for new service is received by Licensor, and shall be stated
in the Site Supplement.
4.3. Taxes. Licensee shall pay all applicable city, county and state taxes levied,
assessed or imposed by reason of this Agreement or those related to any of
and Taxation Code section 107.6, Licensee is advised that it is solely responsible
for the payment of possessory interest taxes due under Revenue and Taxation
Code section 107 et seq.
4.4. Electric meter. Licensee shall install or cause to be installed a separate electric
ted equipment
cabinet as required by the EUSERC and Licensor. Licensee shall be responsible
for paying all applicable costs to provide service, including energy rate charges
for any electricity furnished by a utility to the Equipment. In lieu of installing a
meter, Licensor may, at its sole discretion, provide electricity to Licensee under
any particular Site Supplement. In this event, Licensor and Licensee may
mutually agree to a monthly fixed estimated kilowatt hour usage per service
location based upon the proposed equipment electrical ratings and a calculated
electricity usage based on other metered sites utilizing similar equipment, which
fixed kilowatt hour usage amount shall be stated in the applicable Site
Supplement. Licensee shall pay Licensor within thirty (30) days after receipt of
an invoice from Licensor for any such fixed kilowatt hour usage, or metered
kilowatt hour usage if the provision of such service is metered or submetered, at
the applicable commercial rates in effect at the time of the billing, including the
cost per kilowatt hour and other charges included in the applicable commercial
rate. All invoices for electricity consumption shall be sent by Licensor to
Licensee at Verizon Wireless, P.O. Box 2375, Spokane, Washington 99210-2375.
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Said fixed kilowatt hour usage will be subject to change following any alteration
to the proposed equipment electrical ratings.
4.5. Payments Made. All fees and/or additional payments shall be payable to
Licensor. All payments shall be in lawful money of the United States of America,
and shall be by check onlyelectronic funds transfer or credit card payments will
not be accepted.
4.6. Late Fee. Any Pole Attachment Fee or other fee due by Licensee hereunder that
remains unpaid for more than thirty (30) days after receipt of notice from
Licensor of the non-receipt thereof shall be subject to interest at the rate of one
Pole Attachment Fee or other fee, including accrued interest, during such thirty
(30) day period shall be treated as a material Default under this Agreement.
5. Additional License and Permits Required by Code. To the extent not in contravention
of any applicable Law, all of the Equipment will be installed, operated and maintained by
or on behalf of Licensee in accordance with applicable provisions of the Code regulating
wireless communications facilities. Licensee or its designee will be required to apply for
and obtain a Permit issued by Licensor for work performed within the ROW, and the
ROW will be used according to the plans submitted by Licensee and approved by
Licensor in issuing a Permit. Execution of this Agreement or any Site Supplement does
not constitute the issuance of a Permit. Additionally, Licensee will be required to submit
an application for new electric service for each installation in accordance with all policies
6. Basic Design and Installation Requirements for Using Municipal Facilities. The
basic design of the Equipment will be depicted in Exhibit 1 to each Site Supplement. All
cost and expense and in a good and
workmanlike manner, in accordance with any applicable industry standard, in accordance
with Licensor standards, and promptly completed. When Licensor and Licensee have
agreed on an existing Municipal Facility location as
Equipment but the existing Licensor-owned pole needs to be replaced or modified to
accommodate the Equipment, then Licensee shall pay to Licensor all costs related to
replacing the Licensor-owned pole and/or other work to accommodate the Equipment on
the pole, including but not limited to installation of the replacement pole (the
whether used by the Ukiah Joint Use Agreement Parties or any other user, transfer of the
streetlight fixtures and/or other items attached to the existing Licensor-owned pole to the
Replacement Pole, and removal and salvage of the existing Licensor-owned pole,
provided, however, that the approximate amount of such costs shall be approved in
advance by Licensee. Payment of the replacement or modification costs shall not provide
Licensee with any ownership interest in the Replacement Pole, and Licensor shall be
deemed to own the original Licensor-owned pole and the Replacement Pole. The
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installation or attachment of the Equipment using the Replacement Pole shall be at
shall be done by Licensor, unless otherwise agreed to in the Site Supplement, and
Licensee shall pay for all costs in accordance with Section 4.2. In no case will Licensee
have access to or ability to occupy any conduits owned by Licensor. The costs of such
work shall be approved in advance by Licensee and stated in the applicable Site
Supplement.
7. Common Conditions or Requirements Applicable to Site Supplements Issued Under
this Agreement.
7.1. Equipment Locations. For each installation, Licensee or its designee shall submit
plans and specifications for Licensor review and approval. Upon Licensor
approval, the approved plans shall be attached as Exhibit 1 to the applicable Site
Supplement. If Licensee desires to add new locations or, subject to Section 2.4,
make changes to existing locations, Licensee shall submit a proposed Site
Supplement or amended and restated Site Supplement, whichever the case may
be, indicating the additional Municipal Facilities that it wishes to use, or other site
alterations.
7.2. Damage to Licensor Property. If Licensee damages or disturbs the surface or
subsurface of any ROW or adjoining property, pole, streetlight fixture or other
public or private improvement in the exercise of the rights granted through this
Agreement, Licensee will promptly, at its own expense, and in a manner
reasonably acceptable to Licensor, repair the damage or disturbance.
7.3. Public Emergency. In the event of an emergency or to protect the public health or
safety, prior to Licensor accessing or performing any work on a Municipal
Facility on which Licensee has installed Equipment, Licensor may require
must move closer to the Equipment than the FCC recommended minimum
distance. In such case, Licensor will contact Licensee at (800) 264-6620 to
request immediate deactivation. Licensor, through the Ukiah Electric Utility,
reserves the right to de-energize the Equipment in the event of an emergency or if
deemed necessary due to immediate safety concerns, provided, however, Licensor
shall use commercially reasonable efforts to first provide reasonable notice to
Licensee of the same.
7.4. Pole Replacement.
(a) If a Municipal Facility needs replacement or repair due to a traffic
endeavor to promptly replace the applicable Municipal Facility. Upon
completion of the replacement, Licensor shall notify Licensee in order for
Licensee to install its Equipment. In the event of routine replacement of a
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Municipal Facility, Licensor and Licensee will work collaboratively to
facilitate the work to minimize disruption to either Party and their
respective operations. Notwithstanding the foregoing, if Licensor
determines that it is necessary to proceed with the replacement of a
Municipal Facility despite its best efforts to work collaboratively with
Licensee, it may nonetheless proceed to replace the Municipal Facility
without liability of any kind to Licensee and Licensee shall bear all costs
to remove and reinstall its Equipment.
(b) In the event of a Pole Replacement where the Equipment has not been
removed, Licensor will contact Licensee to pick up the Equipment and
Licensee can reinstall its equipment once the replacement pole is installed
and functioning as a Municipal Facility in accordance with the Site
Supplement and any necessary Permits for work within the ROW. Should
a damaged pole remain in temporary service adjacent to the replacement
pole, Licensee will be notified to remove/relocate its equipment and will
have up to thirty (30) days to accomplish said relocation (provided
however, such time frame shall be extended as required in order to obtain
any required Permit). If a relocation is not accomplished within such
thirty (30) day period, Licensor has the right to remove the equipment and
store it at its equipment yard at the sole expense of Licensee.
(c)
a Municipal Facility for its operation during a Pole Replacement period.
The temporary location must be acceptable to both Licensor and Licensee.
Conditions for such temporary use will be determined through negotiation
at the time of such need.
7.5. Removal and Relocation.
(a) Licensee understands and acknowledges that Licensor may require
Licensee to relocate one or more of its Equipment installations. Licensee
and expense whenever Licensor reasonably determines that the relocation
is needed for any municipal purpose including but not limited to: (i) if
required for the construction, modification, completion, repair, relocation
or maintenance of a Licensor or other public agency project including the
relocation of Equipment due to the installation of a traffic signal pursuant
to Section 2.3(b)
district; (iii) because the Equipment is interfering with or adversely
affecting proper operation of Licensor-owned Poles, traffic signals,
communications or other Municipal Facilities; or (iv) Licensor is
abandoning or removing the Municipal Facility. If due to a public
emergency or for other imminent public requirement, as reasonably
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determined by Licensor, the one hundred eighty (180) day period may be
waived, and Licensor shall provide Licensee such notice as is reasonable
given the circumstances. In any such case, Licensee may request a new
Site Supplement for an equivalent alternate location. If Licensee shall fail
to relocate Licensee
with the foregoing provision, Licensor shall be entitled to remove the
ipment as
required herein, Licensee shall pay to Licensor the actual costs and
expenses incurred by Licensor in performing any removal work and any
-five (45) days of
the date of a written demand for this payment from Licensor.
(b) In the event Licensee desires to relocate any Equipment from one
Municipal Facility to another, Licensee shall so advise Licensor. Licensee
shall submit to Licensor a new Site Supplement for consideration and
approval or disapproval.
7.6. Non-exclusiveness. Subject to Section 7.7(d), the rights and privileges granted to
Licensee under this Agreement, and each Site Supplement described herein, are
non-exclusive.
7.7. Non-interference. The following provisions shall apply to ensure and/or avoid
interference (both physical interference and radio frequency interference)
Equipment. Licensor communication is critical to public safety and the ability of
Licensor to
communications are secondary to Licensor and any other public safety entities.
(a) RF Interference. Licensee shall ensure that the Equipment will not cause
radio frequency interference with wireless communication facilities or
devices, cable television, broadcast radio or television systems, satellite
broadcast systems, or Licensor traffic, public safety or other public service
communications signal equipment existing at the time of installation of the
Equipment or at any time in the future. Further, Licensee shall not install,
operate, or allow the use of equipment, methodology or technology that
interferes with or is likely to interfere with the optimum effective use or
operation of Licensor's existing or future public safety, emergency or other
public service communication equipment, methodology or technology
(i.e., voice or other data carrying, receiving or transmitting equipment).
(b) Existing Uses. Licensee shall not interfere in any manner with the
existing uses of Licensor property including the ROW, and including
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and
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underground electric and telephone wires, streetlight fixtures, cable
television, and other telecommunications, utility, sidewalks, streets,
bicycle lanes and municipal property without the express written approval
of the owner(s) of the affected property or properties.
(c) Licensor Communications. Licensee shall not interfere in any manner
with current or future Licensor public safety or public service
communication equipment or signals.
(d) Licensor Interference. Licensor agrees that it shall use commercially
reasonable efforts to include a provision in any future agreements with any
proposed tenants, licensees or users of the ROW who take possession of
space within the ROW after the Effective Date of the correspondent Site
Supplement that said tenant, licensee or user shall install only such
equipment that does not cause commercially unreasonable and harmful
interference licensed equipment within the ROW
which is measurable in accordance with the then existing industry
standards. Licensee shall be named in said agreement as a third-party
beneficiary with the same rights as Licensor to enforce that provision of
the agreement. Licensor and Licensee acknowledge and agree that, in the
event any other tenants, licensees or users of the ROW cause
commercially unreasonable and
Equipment, Licensee shall pursue any correspondent claims directly
against such interfering party to final adjudication. Notwithstanding the
foregoing, Licensor and Licensee acknowledge and agree that the
obligations of Licensor and the rights of Licensee pursuant to this Section
7.7(d)
safety and public service purposes as set forth herein, (b) any existing
contractual obligations of Licensor, and (c) the then-existing equipment of
other tenants, licensees or users of the applicable ROW as of the Effective
Date of the correspondent Site Supplement. Additionally, in the event of a
breach by Licensor of its obligations under this Section 7.7(d), License
sole remedy as to Licensor shall be limited to equitable remedies,
including injunctive relief and specific performance, and without any right
costs.
(e) Remedies. Without limiting any other rights or remedies, if interference
occurs and continues for a period in excess of twenty-four (24) hours
Network Operations Center at (800) 264-6620, Licensee shall immediately
reduce transmitter power or discontinue use of the equipment,
methodology or technology that causes the interference until Licensee
takes corrective measures to alter the Equipment to eliminate such
interference. If the Equipment is causing such interference, any such
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corrective measures shall be made at no cost to Licensor. If requested by
Licensor, Licensee shall provide to Licensor notice containing a list of the
radio frequencies Licensee is using at leased facilities.
8. .
Equipment, Licensor shall have no liability or responsibility to repair the same unless
such damage arose from the negligence or willful misconduct of Licensor, its employees,
agents or contractors; provided, howe
limited to the cost to repair or replace the same.
9. Title and Ownership.
9.1. Title to the Municipal Facility. Title to the Equipment, exclusive of the
Municipal Facility (original or replacement) used for support, but including
ground mounted equipment, shall remain with Licensee and shall constitute
or improvements
attached to the land.
9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license
issued herein, nor any Permit separately issued for installation of any Equipment,
regardless of the payment of any fees and charges, shall create or vest in Licensee
any ownership or property rights in any portion or elements of the Municipal
Facilities, the underlying real property on which any Licensor owned poles or any
Equipment is located, or any portion of the ROW. Additionally, except as
otherwise expressly provided herein, Licensee acknowledges that this Agreement
does not constitute or create a leasehold interest or right to the benefit of any
Licensor property or portion thereof. Nothing contained in this Agreement shall
be construed to compel Licensee to construct, retain, extend, place or maintain
any poles or other facilities for the benefit of Licensor which are not needed for
9.3. . Subject to Section 10, Licensee accepts the Municipal
Licensor officer, agent, or employee, and subject to all applicable laws, rules and
intended purpose.
10. Maintenance and Repair. Subject to Section 7.2, Licensor shall maintain and keep the
Municipal Facilities containing Equipment in good condition and in accordance with
shall keep the Equipment and other improvements by Licensee on the Municipal
Facilities, if any, in good repair.
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11. Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors
and agents, will not use, generate, store, produce, transport or dispose of any Hazardous
Substance on, under, about or within the area of a Municipal Facility or the ROW in
which it is located in violation of any applicable federal, state, county or local law or
regulation. Except to the extent of the negligence or intentional misconduct of Licensor,
Licensee will pay, indemnify, defend and hold Licensor harmless against and to the
extent of any loss or liability incurred by reason of any Hazardous Substance produced,
disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that
any on-site or off-site storage, treatment, transportation, disposal or other handling of any
Hazardous Substance by or on behalf of Licensee will be performed by persons who are
properly trained, authorized, licensed and otherwise permitted to perform those services.
The Parties recognize that Licensee is only using a small portion of the ROW and that
Licensee shall not be responsible for any environmental condition or issue except to the
Agreement.
12. Indemnity. Licensee shall indemnify and hold Licensor and its employees, contractors
or agents harmless against and from any claim of liability or loss from personal injury or
property damage (i) resulting from or arising out of the negligence or willful misconduct
of Licensee, or (ii) based on a claim of inverse condemnation arising out of the presence
of Equipment on Municipal Facilities, except to the extent such claims or damages may
be due to or caused by the sole negligence or willful misconduct of Licensor or its
employees. Licensor will provide Licensee with prompt, written notice of any claim
covered by this indemnification; provided that any failure to provide any such notice, or
to provide it promptly, shall not relieve Licensee from its indemnification obligation in
respect of such claim. Licensor shall cooperate appropriately with Licensee in
request, against any claim with counsel reasonably satisfactory to Licensor. Licensee
shall not settle or compromise any such claim or consent to the entry of any judgment
without the prior written consent of Licensor and without an unconditional release of all
claims by each claimant or plaintiff in favor of Licensor.
13. Insurance Requirements.
13.1. . Licensee shall procure and maintain insurance in the
amounts and form specified in attached Exhibit B.
13.2. Certificates. If a certificate of insurance is submitted as verification of coverage,
Licensor will reasonably rely upon the certificate as evidence of coverage but this
acceptance and reliance will not waive or alter in any way the insurance
requirements or obligations of this Agreement. If any of the required policies
expire during the life of this Agreement, Licensee must forward renewal or
replacement certificates to Licensor within fifteen (15) business days after the
renewal date containing all the necessary insurance provisions.
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14. Assignment/Subletting.
14.1. This Agreement and each license granted herein is personal to Licensee and for
resell to others any such space or rights granted hereunder. Subject to Section
14.3, this Agreement and the related rights and privileges may not be assigned or
otherwise transferred without the express written consent of Licensor, which
consent shall not be unreasonably withheld, conditioned or delayed. Any
Agreement which is assigned or otherwise transferred pursuant to this Section
shall be equally subject to all the obligations and privileges of this Agreement,
including any amendments, which will remain in effect as if the assigned
Agreement was the original Agreement. After assignment, this Agreement,
including any amendments, shall be binding on the assignee to the full extent that
it was binding upon Licensee.
14.2. Any non-permitted transfer or assignment of the right to attach Equipment to a
Licensor-owned pole shall be void and not merely voidable. Licensor, in its sole
discretion and in addition to all other lawful remedies available to Licensor under
this Agreement, may collect any fees owed from Licensee all without prejudicing
any other right or remedy of Licensor under this Agreement. No cure or grace
periods shall apply to transfers or assignment prohibited by this Agreement or to
the enforcement of any provisions of this Agreement against a transferee or
14.3. Notwithstanding anything to the contrary in this Section 14, without any approval
or consent of Licensor, this Agreement and/or any Site Supplement may be sold,
assigned or transferred by Licensee to (i) any entity in which Licensee directly or
indirectly holds a controlling equity or similar interest; (ii) any entity which
directly or indirectly holds a controlling equity or similar interest in Licensee; or
(iii) any entity directly or indirectly under common control with Licensee.
Licensee may assign this Agreement and/or any Site Supplement to any entity
which acquires all or substantially all of Licensee's assets in the market defined by
the FCC in which the Municipal Facility is located by reason of a merger,
acquisition or other business reorganization without approval or consent of
Licensor.
15. Default.
Supplement and does not remedy the failure within (i) fifteen (15) days after written
notice by the other Party for a monetary breach, or (ii), as to any other breach of this
Agreement, thirty (30) days after written notice by the other Party or, if the failure cannot
reasonably be remedied in such time, if the failing Party does not commence a remedy
within the allotted thirty (30) days and diligently pursue the cure to completion within
ninety (90) days after the initial written notice.
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16. Remedies. In the event of a Default, without limiting the non-defaulting Party in the
exercise of any right or remedy which the non-defaulting Party may have by reason of
such Default, the non-defaulting Party may terminate this Agreement if the Default
affects all Site Supplements and the Agreement as a whole, or any Site Supplement
subject to the Default, and/or pursue any remedy now or hereafter available to the non-
defaulting Party under the Laws or judicial decisions of the State of California.
17. Surrender. Within ninety (90) days of the expiration of the Supplement Term of any
Site Supplement, or upon the earlier termination thereof, Licensee shall remove all
Equipment attached or ground mounted, at its sole expense, shall repair any damage to
the Municipal Facilities or the ROW caused by such removal, and shall restore the
Municipal Facilities to the condition in which they existed prior to the installation of the
Equipment (whether attached or ground mounted), reasonable wear and tear and loss by
18. Notices. Any notice, request, demand, statement or consent herein required or permitted
to be given by either Party to the other hereunder, shall be in writing signed by or on
behalf of the Party giving the notice and addressed to the other at the address as set forth
below:
Licensor: City Manager
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
With copy to: Director Electric Utility
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, California 95482
Licensee: Cellco Partnership,
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Each party may by notice in writing change its address for the purpose of this Agreement, which
address shall thereafter be used in place of the former address. Each notice, demand, request or
communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given,
served or sent for all purposes hereunder (i) two (2) business days after it shall be mailed by
United States registered or certified mail, postage prepaid and return receipt requested, in any
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post office or branch post office regularly maintained by the United States Postal Service, (ii)
upon personal delivery, or (iii) one (1) business day after deposit with any recognized
commercial air courier or express service. Any communication made by e-mail or similar
method shall not constitute notice pursuant to this Agreement.
19. Miscellaneous.
19.1. Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the Parties, and supersedes all negotiations,
understandings or agreements. Any amendments to this Agreement must be in
writing and executed by both Parties.
19.2. Severability. If any provision of this Agreement is invalid or unenforceable with
respect to any Party, the remainder of this Agreement or the application of such
provision to persons other than those as to whom it is held invalid or
unenforceable shall not be affected and each provision of this Agreement shall be
valid and enforceable to the fullest extent permitted by law.
19.3. Governing Law. This Agreement shall be governed by the laws of the State of
California without regard to choice of law rules.
19.4. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated
herein by reference.
19.5. Authority to Execute. Any individual executing this Agreement on behalf of or as
representative for a corporation or other person, partnership or entity, represents
and warrants that he or she is duly authorized to execute and deliver this
Agreement on behalf of such party, and this Agreement is binding upon such
party in accordance with its terms. Licensor hereby designates and authorizes the
Director of the Ukiah Electric Utility to execute all Site Supplements entered into
under this Agreement. This designation and authorization may be changed by
Licensor upon written notice to Licensee.
19.6. No Waiver. A Party shall not be excused from complying with any of the terms
and conditions of this Agreement by any failure of a Party upon any one or more
occasions to insist upon or to seek compliance with any such terms or conditions.
19.7. Force Majeure. With respect to any provisions of this Agreement, the violation or
non-compliance of any term of this Agreement which could result in the
imposition of a financial penalty, liquidated damages, forfeiture or other sanction
upon a Party, such violation or non-compliance shall be excused where such
violation or non-compliance is the result of acts of God, war, civil disturbance,
strike or other labor unrest, or other events, the occurrence of which was not
control.
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19.8. Limitation of Liability. Except for indemnification pursuant to Section 12,
neither Party shall be liable to the other, or any of their respective agents,
representatives or employees for any lost revenue, lost profits, loss of technology,
rights or services, incidental, punitive, indirect, special or consequential damages,
loss of data, or interruption or loss of use of service, even if advised of the
possibility of such damages, whether under theory of contract, tort (including
negligence), strict liability or otherwise.
19.9. Waiver of Jury Trial. Each of the Parties hereto hereby irrevocably waives any
and all right to trial by jury in any action, proceeding, claim or counterclaim,
whether in contract or tort, at law or in equity, arising out of or in any way related
to this Agreement or the transactions contemplated hereby. Each Party further
waives any right to consolidate any action in which a jury trial has been waived
with any other action in which a jury trial cannot be or has not been waived.
20. Consent of Ukiah Joint Use Agreement Parties. Pursuant to the Ukiah Joint Use
Agreement, Licensor and Licensee acknowledge and agree that the parties have obtained
the requisite consent of the Ukiah Joint Use Agreement Parties as necessary for
IN WITNESS WHEREOF, the parties have executed this Agreement as of this _____ day of
_______________, 2019
LICENSOR: LICENSEE:
City of Ukiah, a municipal corporation Cellco Partnership, a Delaware general
partnership, d/b/a Verizon Wireless
By: ______________________________
Name: ______________________________ By: ______________________________
Title: ______________________________ Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Name: ______________________________
Title: City Attorney
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EXHIBIT A
Form of Site Supplement
Supplement
Civil Center, 300 Seminary Avenue, Ukiah, California 9
and Cellco Partnership, a Delaware general partnership, d/b/a Verizon Wireless, with its
principal offices at c/o Verizon Wireless, 180 Washington Valley Road, Bedminster, New Jersey
1. Supplement. This is a Site Supplement as referenced in that certain Agreement for the
Use of Licensor Property in Connection with the Operation of a Wireless Network, between
and conditions of the Agreement are incorporated hereby by reference and made a part hereof
without the necessity of repeating or attaching the Agreement. In the event of a contradiction,
modification or inconsistency between the terms of the Agreement and this Supplement, the
terms of the Agreement shall govern unless otherwise stated in this Supplement. Capitalized
terms used in this Supplement shall have the same meaning described for them in the Agreement
unless otherwise indicated herein.
2. Project Description and Locations. Licensee shall have the right to use the Municipal
Facility or Non-Municipal Facility for Equipment at the designated areas in the ROW as further
3. Equipment. The Equipment to be installed at the Licensed Area is depicted in Exhibit 1
attached hereto.
4. Term. The term of this Supplement shall be as set forth in Section 3.2 of the Agreement.
5. Fees. The initial annual Attachment Fee for the term of this Supplement shall be
__________, as determined in accordance with the Agreement, and as adjusted by Section 4.1 of
the Agreement.
6. Commencement Date. The first day of the month following the date Licensee has
commenced installation of its Equipment at the Licensed Area.
7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed
Area is contingent upon its obtaining all of the certificates, permits and other approvals
required by any federal, state or local
authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee
use of the Licensed Area as set forth above. In the event that (i) any of such applications for
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such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued
to Licensee is canceled, expires, lapses or is otherwise withdrawn or terminated by governmental
authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a
timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner,
or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is
no longer technically compatible for its use, Licensee shall have the right to terminate this
Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in
writing by certified mail, return receipt requested, and shall be effective upon the mailing of such
notice by Licensee, or upon such later date as designated by Licensee. All license fee payments
paid to said termination date shall be retained by Licensor. Upon such termination, this
Supplement shall be of no further force or effect except to the extent of the representations,
warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall
have no further obligations for the payment of the Attachment Fee to Licensor.
8. Consent of Ukiah Joint Use Agreement Parties. Pursuant to the Ukiah Joint Use
Agreement, Licensor and Licensee acknowledge and agree that the parties have obtained the
of the Licensed Area hereunder.
9. Miscellaneous. ______________________________.
\[Signature page follows\]
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EXECUTED to be effective as of the date shown above.
LICENSOR: LICENSEE:
City of Ukiah, a municipal corporation Cellco Partnership, a Delaware general
partnership, d/b/a Verizon Wireless
By: ______________________________
Name: ______________________________ By: ______________________________
Title: ______________________________ Name: ______________________________
Title: ______________________________
APPROVED AS TO FORM:
By: ______________________________
Name: ______________________________
Title: City Attorney
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Exhibit 1
Equipment and Municipal Facility
\[see attached\]
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EXHIBIT B
1. General.
A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a
certificate of insurance on a standard insurance industry ACORD form. Licensee shall also
provide a blanket additional insured endorsement including Licensor as an additional insured as
its interest may appear
Liability insurance. The insurance coverage required must be issued by an insurance provider
admitted to issue insurance in the State of California, possessing a current A.M. Best, Inc. rating
of A-VII or better, and coverage shall be reasonably satisfactory to Licensor.
B. Licensee shall procure and maintain the insurances set forth below. Licensee
shall also require any of its contractors to obtain and maintain substantially the same coverage as
required of Licensee until all of their obligations have been discharged.
C. The insurance requirements set forth below in no way limit the indemnity
covenants contained in this Agreement.
D. Licensor in no way warrants that the insurance limits contained in this Agreement
are sufficient to protect Licensee from liabilities that might arise out of the performance of this
Agreement by Licensee and its contractors, and Licensee is free to purchase any additional
insurance as may be determined necessary.
E. Failure to demand evidence of full compliance with the insurance requirements in
this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor
will it be considered a waiver of, its obligation to maintain the required insurance at all times
during the performance of this Agreement.
2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability
stated below.
A. Commercial General Liability Insurance-Occurrence Form. Licensee must
maintain Commercial General Liability insurance with a limit of $2,000,000.00 per occurrence
for bodily injury and property damage and $4,000,000.00 general aggregate including premises-
operations, products and completed operations, independent contractor, contractual liability,
personal injury and advertising injury.
B. Commercial Automobile Liability Insurance. Licensee must maintain
Commercial Automobile Liability insurance in the amount of $1,000,000.00 combined single
limit each accident for bodily injury and property damage covering all of Licensee owned, hired
and/or non-
activities under this Agreement.
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C. Workers Compensation and Employers Liability Insurance. Licensee must
maintain Workers Compensation insurance in compliance with the statutory requirements of the
accident, $1,000,000.00 disease for each employee, and $1,000,000.00 disease-policy limit.
D.
insurance must be maintained until whichever of the following first occurs: (i) final payment has
been made; or (ii) until no person or entity, other than Licensor, has an insurable interest in the
property required to be covered.
(1)
the insurance will not be canceled or lapse because of any partial use or
occupancy by Licensor.
(2) The Builders Risk/Installation Floater insurance must include as named
insureds, Licensor, Licensee and all tiers of contractors and others with an
insurable interest in the work.
(3)
Risk/Installation Floater insurance policy.
3. Additional Policy Provisions Required.
A. Miscellaneous Provisions.
(1)
Licensor, its officers, officials and employees and written on an
occurrence basis. Any insurance or self-insurance maintained by
Licensor, its officers, officials and employees shall be in excess of the
coverage provided by Licensee and must not contribute to it.
(2) sured against whom
a claim is made or suit is brought, except with respect to the limits of the
(3) The policies must contain a severability of interest clause and waiver of
subrogation against Licensor, its officers, officials and employees, for
losses arising from work performed by Licensee for Licensor.
(4) Licensee is required to maintain Commercial General Liability insurance
as specified in this Agreement for a minimum period of one (1) year
following completion and acceptance of the work. Licensee must submit a
certificate of insurance evidencing Commercial General Liability
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Ukiah/Verizon Wireless Master Agreement
11318824_2
insurance during this period evidencing the insurance requirement and
including the required additional insureds set forth herein.
(5) If a certificate of insurance is submitted as verification of coverage,
Licensor will reasonably rely upon the certificate of insurance as evidence
of coverage but this acceptance and reliance will not waive or alter in any
way the insurance requirements or obligations of this Agreement.
(6) Upon receipt of notice from its insurer, Licensee shall use its best effort to
provide Licensor with thirty (30) days prior written notice of cancellation.
Such notice shall be sent directly to City of Ukiah, 300 Seminary Avenue,
Ukiah, California 95482.
B. Licensor as Additional Insured. The above-referenced policies shall, excluding
employees as an additional insured as their interest may appear under this Agreement with
respect to liability arising out of activities performed by Licensee.
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Ukiah/Verizon Wireless Master Agreement
11318824_2
EXHIBIT C
Ukiah Joint Use Agreement
\[see attached\]
67
Ukiah/Verizon Wireless Master Agreement
11318824_2
NOTICE OF CEQA EXEMPTION
TO: Office of Planning and Research FROM: City of Ukiah
1400 Tenth Street, Room 121 300 Seminary Avenue
Sacramento, CA 95814 Ukiah, CA 95482
X County Clerk
County of Mendocino
Courthouse
PROJECT TITLE:Adoption of the Broadband Deployment Ordinance
PROJECT LOCATION: Within the entire City of Ukiah city limits.
DESCRIPTION OF PROJECT: The project consists of adoption of the Broadband
Deployment Ordinance adding article 10 to article 2 of
division 2 of the Ukiah City Code in compliance with the
Federal Communication Commission’s Declaratory
Ruling and Third Report and Order (“FCC 18-133”)
intended to facilitate deployment of infrastructure
necessary for 5G and other advanced wireless
services.
PUBLIC AGENCY APPROVING PROJECT: City of Ukiah
DATE OF APPROVAL: July 17, 2019
NAME OF PROJECT APPLICANT: City of Ukiah
CEQA EXEMPTION STATUS:
Ministerial
Declared Emergency
XCategorical Exemption: Article 19, Sections 15301 and 15303
Statutory Exemption Section
68
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
REASONS WHY PROJECT IS EXEMPT:
The purpose and intent of the Broadband Deployment Ordinance (adopted by the City of Ukiah City
Council on July 17, 2019; included in Exhibit A) is to establish standards and procedures for
communications service providers to develop wireless communications facilities and other infrastructure
deployments. The need for this Ordinance was prompted by the Federal Communication’s adoption of
regulations (“Regulations”), effective January 14, 2019, implementing a Declaratory Ruling and Third
Report and Order (“FCC 18-133”) by the FCC regarding the deployment of small wireless facilities to
support 5G cell service and interpreting the requirements imposed on local governments by the
Telecommunications Act of 1996. The standards and procedures set forth in the Ordinance must comply
with the FCC ruling intended to facilitate deployment of infrastructure necessary for 5G and other
advanced wireless services.
The proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines Article 19, Section 15301 Existing Facilities and Section 15303, New
Construction or Conversion of Small Structures because adoption of the Ordinance will establish
standards and procedures for issuing ministerial permits for communications service providers to
develop wireless communications facilities and other infrastructure deployments within the City of
Ukiah. However, the potential specific communication and infrastructure projects and locations are
unknown at this time. The Ordinance contains standards for siting, height, and aesthetic guidelines.
Although it is anticipated that all future projects submitted in accordance with standards contained within
the Ordinance will be exempt from CEQA, each subsequent project would be reviewed in compliance
with CEQA on a case-by-case basis and additional CEQA review may be required.
Based on the foregoing, the adoption of the Broadband Deployment Ordinance qualifies for the above
CEQA exemptions.
Craig Schlatter, Director of Community Development
Lead Agency Contact Person
Phone Number (707) 463-6219
Emailcschlatter@cityofukiah.com
This is to certify that the record of project approval is available to the General Public at:
Community Development Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482
Director of Community
July 17, 2019 Development
Signature (Public Agency) (Date) (Title)
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300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
EXHIBIT A
CITY OF UKIAH BROADBAND DEPLOYMENT ORDINANCE
6:
300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 Fax: (707)463-6204 www.cityofukiah.com
ORDINANCE NO. ____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 10
TO ARTICLE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 10 is hereby added to Article 2, Division 2 of the Ukiah City Code to read as follows:
ARTICLE 10. BROADBAND DEPLOYMENT
2400. Short Title and Definitions
Section 2400.1 Short Title.
This Article 10
Section 2400.2 Definitions.
a. means ministerial review of an Application by the City
relating to the review and issuance of a Permit, including review by the
to determine whether the issuance of a
Permit is in conformity with the applicable provisions of this Article. This process does
not involve the exercise of discretion. Either the issuance of a Permit is in conformity
with the applicable provisions of this Article or it is not. This process is not subject to a
public hearing.
b. means communications equipment that transmits and/or receives over-
the-air electromagnetic signals used in the provision of Wireless Services. This
definition does not apply to broadcast antennas, antennas designed for amateur
radio use, or satellite dishes for residential or household purposes.
c. means currently adopted California building, fire, safety,
electrical, plumbing, or mechanical codes adopted under Section 3000 of this Code.
d. means a Person who submits an Application.
e. means a written request submitted by an Applicant in a form adopted
by the Community Development Department to the City for a Permit (i) to locate or
Collocate, or to modify, a Communications Facility underground or on any existing
Support Structure, Pole, or Tower, or (ii) to construct, modify or Replace a new
Support Structure, Pole or Tower or any other structure on which a Communications
Facility will be Collocated.
f. City means the City of Ukiah.
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g. City means a Pole owned, managed or operated by or on behalf of the City.
h. means to install, mount, maintain, modify, operate and/or replace a
Communications Facility on an existing Support Structure, Pole, or Tower or any
a corresponding meaning.
i. means, collectively, the equipment at a fixed location or
locations that enables communication between user equipment and a
communications network, including: (i) radio transceivers, Antennas, coaxial, fiber-
optic or other cabling, power supply (including backup battery), and comparable
equipment, regardless of technological configuration; and (ii) all other equipment
associated with any of the foregoing. A Communications Facility does not include
the Pole, Tower or Support Structure to which the equipment is attached.
j. means a cable operator, as defined in 47
USC § 522(5), a provider of information service, as defined in 47 USC § 153(24), a
provider of telecommunications service, as defined in 47 USC § 153(53), a provider
of fixed wireless, or a provider of personal wireless services as defined in 47 U.S.C. §
332(c)(7)(C)(i).
k. means a City Pole that is specially designed and placed for
aesthetic purposes.
l. means the City Department of Community Development.
m. means a portable, self-contained Wireless Facility that can be moved
to a specified location or area and provide Wireless Services on a temporary or
tethered balloon, tethered drone or other unmanned device.
n. means review of an Application by the City relating to the
review and issuance of a Permit, that is other than an Administrative Review.
Discretionary Review involves discretion on the part of the City (subject to any
applicable limits on such discretion) in determining whether to issue a Permit and
may be subject to one or more public hearings or meetings.
o. means an eligible facilities request as set forth in 47
C.F.R. Section 1.40001(b)(3), as may be amended from time to time.
p. means the Federal Communications Commission of the United States.
q. means a one-time, nonrecurring charge, whether a fixed amount or cost-
based amount based on time and expense.
r. means any prehistoric or historic district, site, building, structure,
or object included in, or eligible for inclusion in, the National Register maintained by
the United States Secretary of the Interior (in accordance with Section VI.D.1.a.i-v of
the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C) or
established pursuant to state historic preservation law.
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s. means any and all Federal, State, or local law, statute, common law, code,
rule, regulation, order, or ordinance.
t. means (i) with respect to a
Communications Facility and/or the associated Support Structure, Pole or Tower,
inspections, testing, repair and modifications that maintain functional capacity,
aesthetic and structural integrity, and (ii) with respect to a Communications Facility
only, the replacement or upgrade of Antennas and/or other components of the
Communications Facility (specifically, such as a swap out or addition of 5G Antennas
and radio equipment as required by the Applicant), with Antennas and/or other
components substantially similar, in color, aggregate size and other aesthetics to that
previously permitted by the City (and/or consistent with the same height and volume
limits for Wireless facilities under this Article), so long as the Support Structure, Pole,
or Tower will structurally support, or prior to installation will be modified to support,
the structural load. Modifications are limited by the structural load analysis supplied
by the Applicant to the City, and by the volume limits in Subsection 2400.2(aa).
Modifications beyond the foregoing must be requested in writing by the Applicant and
are subject to discretionary approval by the City.
u. means a written authorization (in electronic or hard copy format) required by
the City to initiate, continue, or complete installation of a Communications Facility, or
an associated Support Structure, Pole, or Tower.
v. means an individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including the City.
w. means a pole, such as a utility, lighting, traffic, or similar pole made of wood,
concrete, metal or other material, located or to be located within the Public Right of
Way or Utility Easement. The term does not include the vertical support structure for
traffic lights, a horizontal structure to which signal lights or other traffic control devices
are attached, or the arm of a streetlight unless the City grants a waiver for such pole.
The term does not include electric transmission (but does include electric distribution)
poles or structures. A Pole does not include a Tower or Support Structure.
x. means a Communications Service Provider or a Wireless Provider.
y. means the area on, below, or above
property that has been designated for use as or is used for a public roadway,
highway, street, sidewalk, alley or similar purpose, but not including a federal
interstate highway or other area not within the legal jurisdiction, or within the legal
ownership or control of the municipality.
z. means a recurring charge.
aa. means, in connection with an existing Pole, Support
Structure or Tower, to replace (or the replacement of) same with a new structure,
similar in design, size and scale to the existing structure and in conformance with
current adopted requirements of the City, in order to address limitations of, or change
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requirements applicable to, the existing structure to structurally support Collocation of
a Communications Facility. In connection with replacement of a Pole or Tower to
support Collocation of a Wireless Facility, similarity in size and scale shall be
1
evaluated consistent with 47 C.F.R. 1.40001 Subpart b(7).
bb. means a Wireless Facility that meets both
limitation, any strand-mounted Antenna) could fit within an enclosure of no more than
3 cubic feet in volume; and (ii) all other wireless equipment associated with the facility
is cumulatively no more than 28 cubic feet in volume, with a maximum of 7 cubic feet
being pole mounted. The following types of associated, ancillary equipment are not
included in the calculation of equipment volume: electric meter, concealment
elements, telecommunications demarcation box, grounding equipment, power
transfer switch, cut-off switch, and vertical cable runs for connection of power and
other services.
cc. means the State of California. .
dd. means a building, a billboard, a water tank or any other
structure to which a Communications Facility is or may be attached. Support
Structure does not include a Pole or a Tower.
ee. means any structure built for the sole or primary purpose of supporting a Wireless
Facility, such as a self-supporting Tower, a monopole, a lattice Tower or a guyed Tower.
Tower also includes a structure designed to conceal from the general public the Wireless
Facility. A Tower does not include a Pole or a Support Structure.
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(7) Substantial change. A modification substantially changes the physical dimensions of an eligible support
structure if it meets any of the following criteria:
(i) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10%
or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed
twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by
more than 10% or more than ten feet, whichever is greater;
(A) Changes in height should be measured from the original support structure in cases where deployments are or
will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be
measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any
modifications that were approved prior to the passage of the Spectrum Act.
(ii) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the
tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower
structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more
than six feet;
(iii) For any eligible support structure, it involves installation of more than the standard number of new equipment
cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and
base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing
ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than
10% larger in height or overall volume than any other ground cabinets associated with the structure;
(iv) It entails any excavation or deployment outside the current site;
(v) It would defeat the concealment elements of the eligible support structure; or
(vi) It does not comply with conditions associated with the siting approval of the construction or modification of the
eligible support structure or base station equipment, provided however that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the thresholds identified in §
1.40001(b)(7)(i) through (iv).
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ff. means the area on, below, or above privately- owned property
that has been designated for use as or is used for a specific utility purpose (such as
for electric, cable or other utility purpose), and is evidenced by a recorded instrument
in the public land records pursuant to a recorded plat, easement or right of way or is
otherwise a legally enforceable easement, and does not include any portion of a
Public Right of Way.
gg. means a Communications Facility installed and/or operated by a
Wireless Provider. The term does not include: (i) the Support Structure, Tower or
Pole on, under, or within which the equipment is located or Collocated; or (ii) coaxial,
fiber-optic or other cabling that is between Communications Facilities or Poles or that
is otherwise not immediately adjacent to or directly associated with a particular
Antenna. A Small Wireless Facility is one example of a Wireless Facility.
hh. means any Person, including a Person
authorized to provide telecommunications service in the State, that builds or installs
and/or operates Wireless Facilities or Poles, Towers or Support Structures on which
Wireless Facilities are or are intended to be used for Collocation, but that is not a
Wireless Services Provider.
ii. means a Wireless Infrastructure Provider or a Wireless
Services Provider.
jj. means any wireless services including, without limitation,
personal wireless services as that term is defined in 47 USC § 332(c)(7)(C)(i), fixed
wireless and other wireless services.
kk. means a Person who provides Wireless Services.
Section 2401 Governance of Deployment in the Public ROW
Section 2401.1 General Provisions of Agreement for Access to Public ROW
a. Municipal Agreement for City owned facilities. Prior to receiving a Permit to install a
communications Facility in the Public ROW on facilities owned wholly or in part by
the City, each Applicant shall be required to enter into a Municipal Agreement
substantially in the form of Appendix A. At the option of the City, the provisions of
the Agreement shall prevail over any provision in this Article which conflicts or is
inconsistent with the provisions of the Agreement. The Applicant shall submit an
executed Agreement with their Application. For facilities in the Public ROW that are
not owned wholly or in part by the City, the Applicant shall consult with the owner of
the facility and obtain the consent of the owner prior to installation.
b. Fees
1. Application Fees shall be established by resolution of the City Council from
time to time and shall be based on a measurable estimate of the actual costs
of services rendered by the Department from the time of the initial
application intake submission until the application is approved.
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2. Make-Ready Fee shall be determined on a site-specific, engineering basis,
for work reasonably necessary to make a particular City Pole suitable for
attachment of the applicable Communications Facility.
3. Annual ROW or Occupancy Rate shall be established and revised from
time to time by City Council resolution.
4. Annual Pole Attachment Fee, for attachment to a City Pole shall be
established and revised from time to time by City Council resolution.
5. Generally applicable, non-discriminatory Fees, such as for Electrical permits,
Building permits, or Encroachment permits.
6. An Applicant shall not be subject to any municipal Fees or Rates or payment
of other compensation, other than those expressly cited above or as may be
otherwise negotiated between an Applicant and the City or required pursuant
to the City Code.
7. The Applicant, or person who owns or operates the Communications Facility
installed in the Public ROW (including, without limitation, on a City Pole) may
remove its facilities at any time from the Public ROW, upon not less than
thirty (30) days prior written notice to the City and may cease paying to the
City any applicable Fees for such use, as of the date of actual removal of the
facilities; provided the removal leaves the structure and grounds, if any,
occupied by the Communications Facility in the condition they were in prior
to its installation.
Section 2401.2 Permitted Communications Facility Uses/Administrative Review;
Application
a. Permitted Use. The following uses within the Public ROW shall be a permitted use,
subject to Administrative Review and issuance of a Permit as set forth in this Section
2401.2. All such uses shall be in accordance with all other applicable provisions of
this Article, including without limitation, those set forth in Section 2401.5 below:
1. Collocation of Small Cells or a Collocation that qualifies as an Eligible
Facilities Request;
2. Modification of a Pole, Tower or Support Structure or Replacement of a Pole,
for Collocation of a Communications Facility that qualifies as an Eligible
Facilities Request or involves a Small Wireless Facility that does not exceed
the maximum limitations set forth in Subsection 2401.3.c.1(A)(i) below. All
other such modifications or Replacements require a minor use permit under
Section 9262.
3. Construction of a new Pole or a monopole Tower (but no other type of Tower)
to be used for Collocation of Small Cells that does not exceed the maximum
height and location requirements set forth in Subsection 2402.3.c.1(A)(i)
below; and
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4. Construction of a Communications Facility, other than those set forth in
subparagraphs (1), (2) or (3) in this Subsection 2401.2.a, involving the
installation of coaxial, fiber-optic or other cabling, that is installed underground
in accordance with City standards for buried utility cabling or above ground
between two or more Poles or a Pole and a Tower and/or Support Structure,
and related equipment and appurtenances.
b. Permit Required. No Person shall place any facility described in Subsection 2401.2.a
above in the Public ROW without first filing an Application for same and obtaining a
Permit therefor, except as otherwise expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may designate
portions of its Application materials that it reasonably believes contain proprietary or
of such materials accordingly, and the City shall treat the information as proprietary and
confidential, subject to applicable
Code §6250 et seq.)
d. Administrative Review Application Requirements. The Application shall be made by the
applicable Provider or its duly authorized representative and shall contain the following:
1. -mail address,
including emergency contact information for the Applicant.
2. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
3. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
4. Detailed construction drawings regarding the proposed facility in addition to any
plans required by Applicable Codes.
5. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation (or that the Pole, Tower or Support Structure will be modified to meet
structural requirements) in accordance with Applicable Codes.
6. For any new aboveground facilities, visual depictions or representations if not
included in the construction drawings.
7. An executed Municipal Agreement as set forth in Section 2401.1.a of this Code,
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if applicable.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for Permits described in Subsection 2401.5.b.3 below.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty
(30) days after the information has changed.
g. Application Fees. Unless otherwise provided by applicable Laws, all Applications
pursuant to this Article shall be accompanied by the Fees required under Subsection
2401.1.a above.
Section 2401.3 Action on Administrative Review Applications
a. Review of Applications.
1. The Department shall review the Application in light of its conformity with
applicable provisions of this Article and shall issue a Permit on
nondiscriminatory terms and conditions, subject to the following requirements.
(A) Within ten (10) days of receiving an Application, the Department
must determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the Department must
specifically identify the missing information, and may toll the approval
interval in Subsection 2401.3.a.1(B) below. The Applicant may
resubmit the completed Application within twenty (20) days without
additional charge, and the subsequent review will be limited to the
specifically identified missing information subsequently completed,
except to the extent material changes to the proposed facility have
been made by the Applicant (other than those requested or required
by the Department) in which case a new Application and Application
Fee for same must be submitted.
(B) The Department must make its final decision to approve or deny the
Application within sixty (60) days for a Collocation, and ninety (90)
days for any new structure, after the Application is complete (or
deemed complete).The Department must advise the Applicant in
writing of its final decision, and in the final decision document the
basis for a denial, including specific code provisions and/or
regulations on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly available, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
continue to run until the written decision, supported
by substantial evidence, is made publicly available and sent to the
Applicant. The Applicant may cure the deficiencies identified by the
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City and resubmit the Application within 30 days of the denial without
paying an additional Application Fee unless denial was issued due to
non-compliance with Design Guidelines or other requirements under
this Section 2401, in which case a new Application Fee must be
paid.
(C) The City shall approve or deny the revised Application within thirty
(30) days of receipt of the revised Application. The subsequent
review by the City shall be limited to the deficiencies cited in the
original denial and any material changes to the Application made to
cure any identified deficiencies.
2. If the City fails to act on an Application within the review period referenced in
Subsection 2401.3.a.1(B), the Applicant may provide the City written notice that
the time period for acting has lapsed, and the City then has twenty (20) days
after receipt of such notice within which to render its written decision, failing
which the Application is then deemed approved by passage of time and
operation of law and a Permit shall be deemed issued for such Application.
Applicant shall provide written notice to the City at least seven (7) days prior to
beginning construction or Collocation pursuant to the de facto Permit issued
under this Subsection, and such notice shall not be construed as an additional
opportunity for objection by the City or other entity to the deployment.
3. An Applicant seeking to construct, modify or replace a network of
the
City401.7 below,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not delay or affect other sites
submitted in the same Application. The City shall grant a Permit(s) for any and
all sites in a consolidated Application that it does not otherwise deny, subject to
the requirements of this Section.
b. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve within sixty (60) days and may not deny Applications for
Eligible Facilities Requests according to the procedures established under 47 C.F.R.
2
1.40001(c).
2
Review of applications. A State or local government may not deny and shall approve any eligible facilities request for
modification of an eligible support structure that does not substantially change the physical dimensions of such structure.
(1) Documentation requirement for review. When an applicant asserts in writing that a request for modification is covered by this
section, a State or local government may require the applicant to provide documentation or information only to the extent
reasonably related to determining whether the request meets the requirements of this section. A State or local government may
not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate
the need for such wireless facilities or to justify the business decision to modify such wireless facilities.
(2) Timeframe for review. Within 60 days of the date on which an applicant submits a request seeking approval under this
section, the State or local government shall approve the application unless it determines that the application is not covered by
this section.
(3) Tolling of the timeframe for review. The 60-day period begins to run when the application is filed, and may be tolled only by
mutual agreement or in cases where the reviewing State or local government determines that the application is incomplete. The
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c. Small Wireless Facilities; Maximum Height; Other Requirements.
1. Maximum Size of Permitted Use. Small Wireless Facilities, and new,
modified or Replacement Poles, Towers and Support Structures (subject to
the further limitation for Replacement of Support Structures described in
Subsection 2400.2.aa above to be used for Collocation of Small Wireless
Facilities may be placed in the Public Right of Way as a permitted use in
accordance with this Subsection 2401.2, subject to the following
requirements:
(A) New Poles, but not new Towers, may be installed in the Public
ROW as long as their installation facilitates the extension of
existing pole lines or does not result in the creation of parallel
paths of poles or exceed the greater of:
i. Five (5) feet above the tallest existing Pole, Tower, or
Support Structure not exceeding 50 feet in the Public
ROW, in place as of the effective date of this Article, and
located within 500 feet of the new proposed Pole, Tower,
or Support Structure; or ten
poles where required by the electrical utility separation
requirements; or
ii. Fifty (50) feet above ground level.
(B) Each modified or Replacement Pole, Tower, or Support Structure
installed in the Public ROW shall not exceed the greater of:
i. five (5) feet above the height of the Pole, Tower or
Support Structure being modified or replaced in place as
of the effective date of this Article; or ten (10) feet on
utility distribution poles where required by the electrical
timeframe for review is not tolled by a moratorium on the review of applications.
(i) To toll the timeframe for incompleteness, the reviewing State or local government must provide written notice to the applicant
within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such
delineated information is limited to documents or information meeting the standard under paragraph (c)(1) of this section.
(ii) The timeframe for review begins running again when the applicant makes a supplemental submission in response to the State
or local government's notice of incompleteness.
(iii) Following a supplemental submission, the State or local government will have 10 days to notify the applicant that the
supplemental submission did not provide the information identified in the original notice delineating missing information. The
timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this paragraph (c)(3).
Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in
the original notice of incompleteness.
(4) Failure to act. In the event the reviewing State or local government fails to approve or deny a request seeking approval under
this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has
expired (accounting for any tolling) that the application has been deemed granted.
(5) Remedies. Applicants and reviewing authorities may bring claims related to Section 6409(a) to any court of competent
jurisdiction.
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7:
utility separation requirements; or
ii. the height limit under Subsection 2401.3.c.1(A).
(C) Division 3, Chapter 9 of this Code shall apply to all new Poles
and modified or Replacement Pole, Tower, or Support
Structures.
d. Discretionary Review Requirements. Unless an Applicant seeks to install a
Communications Facility that conforms to the specific uses and size and height
limitations set forth in Subsection 2401.2.a above (or involves Ordinary
Maintenance, Repair and Replacement), the Application shall require a minor use
permit under Section 9262.
e. Undergrounding Provisions. The City shall administer undergrounding provisions in
a non-discriminatory manner.
1. Underground Districts. The provisions in Division 4, Chapter 3, governing the
creation of Underground Utility Districts in the City shall apply with full force
and effect to Wireless Facilities, Wireless Service Providers and Wireless
Providers, provided compliance by the Wireless Facilities or Wireless Service
Providers does not discriminate against or unduly inhibit or prevent them from
providing wireless services. An Applicant shall comply with nondiscriminatory
City undergrounding requirements, including requirements that apply in
existing Underground Utility Districts or in Districts established after the
effective date of this Article.
2. Outside Underground Districts. Outside established Underground Districts
now established or established in the future the City may require relocation
without expense to City of any poles, wires, conduits and appurtenances
theretofore installed, in accordance with Section 2401.3.g. In areas where
existing aerial utilities are being moved underground, Wireless Providers shall
be required at their own expense to move their Wireless Facilities to another
Pole, if the undergrounding requires the removal of the Pole used by those
Wireless Facilities. The City shall make available for the use of said Wireless
Facilities any City-owned Pole or street light pole in a suitable location which
can accommodate said Wireless Facilities. No additional fees shall be
imposed in connection with said relocation, but applicable Make-Ready,
Annual ROW and Occupancy, and Attachments Fees pursuant to Section
2401.1.b.2-4, shall continue to apply. To the degree such vertical structures
are not available, the Applicant must apply for a minor use permit pursuant to
Section 9262 to install new poles.
f. Effect of Permit.
1. Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may already
have an interest in the Public ROW.
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2. Duration. Any Permit for construction issued under this Section 2401 shall be
valid for a period of six (6) months after issuance during which the construction
must be completed, provided that the six month period shall be extended for up
to an additional 6 months upon written request of the Applicant (made prior to
the end of the initial 6 month period) if the failure to complete construction is
delayed as a result of circumstances beyond the reasonable control of the
Applicant.
g. Removal, Relocation or Modification of a Communications Facility in the ROW.
1. Notice. Within ninety (90) days following written notice from the City, a Provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
Communications Facility within the Public ROW whenever the City has
determined that such removal, relocation, change or alteration, is reasonably
necessary for the construction, repair, maintenance, or installation of any City
improvement in or upon, or the operations of the City in or upon, the Public
ROW. The City shall apply the same standards to all utilities in the Public ROW.
2. Emergency Removal or Relocation of Facilities. The City retains the right and
privilege to cut power to or move any Communications Facility located within the
Public ROW of the City, as the City may determine to be necessary, appropriate
or useful in response to any public welfare emergency, or safety emergency. If
circumstances permit, the City shall notify the Provider and provide the Provider
an opportunity to move its own facilities prior to cutting power to or removing the
Communications Facility and in all cases shall notify the Provider after cutting
power to or removing the Communications Facility as promptly as reasonably
possible. The Provider shall pay the City its costs necessarily incurred to move
the Communications Facility within thirty (30) days of receiving a written
statement from the City detailing the costs.
3. Abandonment of Facilities. A Provider is required to notify the City of
abandonment of any Communications Facility at the time the decision to
abandon is made, however, in no case shall such notification be made later than
30 days prior to abandonment. Following receipt of such notice, the City shall
direct the Provider to remove all or any portion of the Communications Facility if
the City determines that such removal will be in the best interest of public safety
and public welfare. If the Provider fails to remove the abandoned facility within
sixty (60) days after such notice, the City may undertake to do so and recover
the actual expenses of doing so from the Provider, its successors and/or
assigns.
4. Structural reconditioning, repair and replacement. From time to time, the City
may paint, recondition, or otherwise improve or repair the City Poles in a
cooperate with the City to carry out Reconditioning Work activities in a manner
ty.
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(A) Prior to commencing Reconditioning Work, the City will use reasonable
efforts to provide the Provider with at least sixty (60) days prior written
notice. Upon receiving that notice, it shall be
responsibility to provide adequate measures to cover, remove, or
otherwise protect the Pro from the
consequences of the Reconditioning Work, including but not limited to
paint and debris fallout. The City reserves the right to require the
Provider to remove all the
City Pole and surrounding premises during Reconditioning Work,
provided the requirement to remove same is contained in the written
notice required by this Subsection. All costs associated with the
protection measures, including temporary removal, shall be the sole
responsibility of the Provider. If the City fails in good faith to give notice of
less than sixty (60the City
this Subsection. In all cases, as much notice as possible should be
provided. The City will provide the Provider with a date by which its
equipment must be protected or removed.
(B) The Provider may request a modification of the City procedures for
carrying out Reconditioning Work in order to reduce the interference with
the City agrees to
the modification, the Provider shall be responsible for all reasonable
incremental cost related to the modification.
(C) If the City the City
shall give Provider at least sixty (60) days written notice to remove its
Communications Facilities. The City shall also promptly notify Provider
when the City Poles have been replaced and Provider may re-install its
equipment. During the Replacement Work, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
City, on any land owned or controlled by City, in the vicinity of the
property. If the property will not accommodate the Provider's temporary
Communications Facility or if the parties cannot agree on a temporary
location, the Provider, at its sole option, shall have the right to suspend
the applicable permit, until the replacement Pole is installed, upon thirty
(30) days written notice to the City.
(D) If the City Poles need to be repaired due to storm or other damage
Communications Facilities as soon as possible. In the event of an
emergency, the City shall contact the Provider by telephone at its
equipment. Once the City Poles have been replaced or repaired, the City
will promptly notify the Provider that it can reinstall its equipment. During
City Repair Work, with the approval of the City which shall not be
unreasonably withheld or delayed, the Provider may maintain a
temporary Communications Facility on the property, or after approval by
Provider, on any land owned or controlled by the City in the vicinity of the
property that the City determines is suitable for that use. All cost
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associated with any removal or protection of Communications Facilities
shall be the sole responsibility of the Provider without prejudice to the
than the City.
h. Attachment to City Poles in the Public ROW.
1. Make-Ready. For any attachment to City Poles in the Public ROW, except as
otherwise provided in the agreement required by Section 2401.1.a, the City shall
provide a good faith estimate for any make- ready work necessary to enable the
City Pole to support the proposed facility, including Replacement of the Pole if
necessary, within sixty (60) days after receipt of a completed Application
requesting attachment to the City Pole. Make-ready work including any Pole
Replacement shall be completed within one hundred and twenty (120) days of
written acceptance of the good faith estimate by the Provider. Such acceptance
shall be signified by payment via check or other commercially reasonable and
customary means specified by the City.
Section 2401.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. All other uses not expressly set forth or referenced in
Subsection 2401.2(a) above shall require compliance with, and issuance of a minor
use permit pursuant to Section 9262.
Section 2401.5 Other Public ROW Installation Requirements.
a. General Principles.
1. The City shall have the power to establish reasonable and non- discriminatory
limitations on the placement of new or additional facilities within specific
congested segments of the Public ROW if there is insufficient space to
accommodate all of the requests of Applicants or other Persons to occupy
and use the Public ROW. In making such decisions, the City shall to the
extent possible accommodate all existing users and potential users (i.e. those
who have submitted an Application to deploy facilities within the Public ROW)
of the Public ROW, and shall be guided primarily by considerations of the
public interest, the width and physical condition of the Public ROW, the time of
year with respect to essential utilities, the protection of existing facilities and
uses in the Public ROW and established plans for public improvements and
development projects which have been determined to be in the public's
interest.
2. Leasing of excess space in ducts, conduits and on a Pole is a matter between
interested parties (subject to any applicable Pole Attachment regulations and
any other applicable statutory, regulatory or contractual obligations); however,
lessees or licensees of such physical facilities must still comply with the
terms of this Article, unless otherwise expressly exempted by the City.
3. An occupant of the Public ROW shall employ due care during the installation
and maintenance process, and comply with all safety and Public ROW-
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protection requirements of applicable Federal, State and local Laws (and any
generally applicable City guidelines, standards and practices), and any
additional commonly accepted safety and Public ROW-protection standards,
methods and devices (to the extent not inconsistent with applicable Laws).
All facilities under the streets of the City shall be kept and maintained in a safe
and well-ordered condition, and in good order and repair.
(A) Any permittee occupying any portion of the Public ROW shall erect a
barrier around the perimeter of any excavation and provide any and all
traffic-control devices, signs and lights appropriate to the level of
complexity of the activity in order to protect, warn and guide the public
(vehicular and pedestrian) through the work zone. The manner and use
of these devices shall be described within a traffic-control plan in
accordance with the Uniform Manual of Traffic Control Devices.
(B) Occupants of the Public ROW with open excavations awaiting final
restoration shall maintain all devices until the City notifies the occupant in
writing that the City or the Citysignated contractor is assuming
responsibility for traffic control.
(C) Each occupant shall designate a safety officer. The safety officer shall be
responsible for safety-related issues affecting both the public and the
occupant's field employees and contractors for all job sites within the
Public ROW.
4. Location of Existing Facilities.
(A) An occupant of the Public ROW shall not place any fixtures or equipment
where the same will interfere with any existing facility, and shall locate its
lines and equipment in such a manner as not to interfere with the usual
traffic patterns (vehicular or pedestrian) or with the rights or reasonable
convenience of owners of property that abuts any Public ROW.
(B) To minimize disruption of public passage or infrastructure, to forestall or
relieve overcrowding of the Public ROW, or to protect Historic Property or
environmentally sensitive areas, the City may require, as a condition of
issuing any Permit for placement of underground facilities or new
Applicant poles that the occupant place empty conduits, and/or reserve
space on a new Applicant pole in excess of its own present and
reasonably foreseeable requirements for the purpose of accommodating
the Cityent or reasonably foreseeable governmental, not-for-
resale use as set forth in the applicable Permit. The occupant shall
cooperate with the City in any such construction, provided that the City
has first notified the occupant in writing that it is interested in reserving
such Pole space or sharing the trenches or bores in the area where the
construction is occurring.
The occupant shall allow the City to place its infrastructure in the
the City,
provided that the City incurs the incremental costs of placing the
conduit/infrastructure as requested. The City shall be responsible for
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maintaining its facilities in the trenches and bores and/or on the Pole
under this Subsection.
(C) Before beginning excavation in any Public ROW, an occupant shall
comply with Underground Service Alert notification procedures to
determine possible conflicts with existing underground structures and
facilities in the area to be excavated.
5. Relocation of Existing Facilities.
(A) If relocation of facilities is required as a result of any public project, the
City shall provide the greatest practical advance notice to the affected
occupants of the Public ROW and shall facilitate the greatest reasonable
project coordination among the affected occupants, whereas coordinated
sequencing dependencies are common. Generally, projects of greater
scale and scope will have a longer planning horizon, and commensurate
notice.
(B) The objective of the relocation process recognizes the mutual obligations
and responsibilities of the City and the Public ROW occupants to avoid or
minimize service disruption and to timely and economically complete the
public project. Public ROW occupants are obligated to proceed with
diligent speed and attention so as not to unreasonably delay or
complicate a public project.
(C) As general guidance, projects involving a public project of less than One
Million Dollars ($1,000,000), or ten (10) utility poles, or One Thousand
(1000) frontage feet of public roadway would be smaller projects; and
projects greater than any of the above would be larger projects. A
reasonable, general expectation is that smaller projects would provide
and eig
ROW occupants.
(D) Unless otherwise provided by applicable Law, the occupant, at no cost to
the City, shall accomplish the necessary relocation within a reasonable
time from the date of the notification, but, in no event, later than seven (7)
days prior to the date the City has notified the occupant that it intends to
in the case of emergencies. With as much notice as possible, but, except
for emergencies, no less than ninety (90) days following written notice
from the City, a Provider shall, at its own expense, protect, support,
temporarily or permanently disconnect, remove, relocate, change or alter
the position of any Communications Facility.
(E)
for relocation of the Communications Facility, whenever the City has
determined that removal, relocation, change or alteration of facilities
within the Public ROW is reasonably necessary for the construction,
repair, maintenance or installation of any City improvement in or upon, or
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the operations of the City in or upon, the Public ROW.
(F) The City may not require an Applicant to perform services unrelated to
the Communications Facility or Support Structure for which approval is
sought, or to provide in-kind contributions, except for reserving Pole
space or placing conduit in the trench or bore for governmental, not-for-
resale City use as provided in Section 2401.5.a.4(B). Notwithstanding the
foregoing, an Applicant may offer in-kind contributions related to the
Communications Facility or Support Structure for which approval is
sought, on a reasonable and nondiscriminatory basis, including by
contributing the cash value of an in-kind contribution already provided by
another party.
6. In the event of an emergency where any Communications Facility in the Public
ROW creates or is contributing to an imminent danger to health, safety, or
property, the City may protect, support, temporarily disconnect, remove, or
relocate any or all parts of such Communications Facility, and charge the
occupant for actual and reasonable costs incurred. The City shall use a
emergency contact information of record, or best available contact
information, for prior notice, and if not possible because of emergent and
imminent danger, shall notify the occupant promptly afterwards. Ten (10) days
after notification as outlined in this Subsection, the City may remove any
Communications Facilities that obstructs the progress of a public project. All
costs associated with any removal or protection of Communications Equipment
shall be the sole responsibility of the Provider.
7. Abandonment of Facilities.
(A) Any occupant of the Public ROW that intends to permanently discontinue
use of any facilities within the Public ROW shall notify the City in writing
within thirty (30) days prior to abandonment. Such notice shall describe
the facilities for which the use is to be discontinued, and the date of
discontinuance of use. Upon notification, the City will chose from the
following options within 30 days or any other agreed upon option, and so
notify the occupant of its decision:
1. Abandon the facilities in place and the occupant shall further
convey full title and ownership of such abandoned facilities to the
City. The occupant is responsible for all obligations of the
facilities, or other associated liabilities until the conveyance to the
City is completed; or
2. The facilities shall be removed, and the occupant shall be liable
for removing the facilities at its own cost. If an occupant fails to
remove facilities that the City requires it to remove, after ninety
The occupant or its successors and/or assigns shall pay the City
the costs of removal within thirty (30) days after the City provides
a written statement detailing the costs.
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b. Additional Requirements.
1. General. All deployments of Communications Facilities in the Public ROW shall
comply with the following:
(A) Compliance with ADA and other applicable Federal, State and local Laws
and standards.
(B) Pedestrian and vehicular traffic and safety requirements established by
the City.
(C) Existing Public ROW occupancy or management ordinances, not
otherwise inconsistent with this Article.
2. Design Standards. All aboveground Communications Facilities in the Public
ROW requiring Administrative Review only shall conform to the Aesthetic
Guidelines for Wireless Telecommunication Facilities adopted by resolution by
the City as required by Section 5620 of this Code.
3. Additional Permits. In addition to obtaining a Permit for installation of a
Communications Facility in the Public ROW, an Applicant must enter the
Agreement in Attachment A and obtain the following additional permits:
encroachment permit and applicable permits under Section 3000.
4. Placement of facilities. The City engineer may assign specific corridors within the
Public ROW for each type of Communication Facility as he determines may be
necessary for each type of facility that is or may be located in the Public ROW.
In making these assignments the City engineer shall consider facility types that
currently exist or which, based on current technology, may be located within the
Public ROW in the future. All excavation, obstruction, or other Permits issued by
the City engineer involving the installation or replacement of facilities shall
designate the proper corridor for the facilities.
c. Mapping Data. Applicants shall provide to the City engineer information indicating the
horizontal and approximate vertical location, relative to the boundaries of the Public
ROW, of all equipment which it owns or over which it has control, and which is located
in any Public ROW. Mapping data shall be provided with the specificity and in the format
requested by the City engineer for inclusion in the mapping system used by the City
engineer.
d. Existing Utility Easements in the Public Right of Way.
1. Applicants will work with the City engineer to coordinate and protect existing
utilities in the Public ROW.
2. Applicants will coordinate with the City engineer all public safety
considerations prior to and during installation in the Public ROW to ensure
public safety response in the case of gas line, water line, sewer line or
electricity disturbance.
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Section 2401.6 Attachment to and Replacement of Decorative Poles.
Notwithstanding anything to the contrary in this Article, an Applicant may install a Small Wireless
Facility on a Decorative Pole, or may Replace a Decorative Pole with a new Decorative Pole that is
in keeping with the aesthetics of the existing Decorative Pole, in the event the existing Decorative
Pole will not structurally support the attachment, the attachment may be made only upon satisfaction
of the following additional requirements:
A. Issuance of a Permit under Subsection 2401.2.a above.
B. The attachment and/or the Replacement Pole is in keeping with the aesthetics of the
Decorative Pole in the judgment of the City.
Section 2401.7 Batch Applications.
An Applicant may submit simultaneously not more than fifteen (15) Applications for a network of
multiple Communications Facilities within adjacent, related geographic areas of the City.
Alternatively, Applicant may file a single, consolidated Application covering such facilities.
Section 2402. Governance of Deployment Outside the Public ROW
Section 2402.1 Administrative Review of Permitted Communications Facility Uses;
Application and Fees.
a. Permitted Use. The following uses outside the Public ROW, on privately-owned
property (including within any Utility Easement, to the extent expressly set forth
below), shall be a permitted use, subject to Administrative Review only and issuance
of a Permit as set forth in this Section 2402
install and operate the Communications Facility on the property or structure:
1. Collocation of a Small Wireless Facility or a Collocation that qualifies as an
Eligible Facilities Request on privately-owned property including, without
limitation, within a Utility Easement, consistent with the height and other
limitations set forth in Subsection 2401.3.c above;
2. Modification of a Pole, Tower or Support Structure, or Replacement of a Pole
or Tower, for Collocation of a Communications Facility on privately-owned
property (including within a Utility Easement that contains other existing
Poles) that qualifies as an Eligible Facilities Request or involves a Small
Wireless Facility that does not exceed the limitations set forth in Subsection
2401.3.c.1(A)(i) above. All other such modifications or Replacements require
a minor use permit pursuant to Section 9262.
3. Construction of a new Pole (or monopole Tower), within a Utility Easement on
which there currently exist adjacent Poles that are unavailable for Collocation
due to structural, accessibility or other reasons, to be used for Collocation of a
Small Wireless Facility (that does not exceed the maximum height set forth in
Subsection 2401.3.c.1(A)(i) above), and the new Pole (or monopole Tower) is
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similar in design, size and scale to those of the existing, adjacent Poles; and
4. Construction of a Communications Facility, other than those set forth in
subparagraphs 1,2 or 3 in this Subsection 2402.1.a, involving the installation
of coaxial, fiber-optic or other cabling, that is installed underground in
accordance with applicable City standards or aboveground between two or
more Poles or a Pole and a Tower and/or Support Structure, and related
equipment and appurtenances.
b. Permit Required. No Person shall place a facility described in Subsection 2402.1(a)
or perform any construction activities above without first filing an Application for same
and obtaining a Permit therefor, except in Subsection 2400.2(s) or as otherwise
expressly provided in this Article.
c. Proprietary or Confidential Information in Application. The City shall make accepted
Applications publicly available. Notwithstanding the foregoing, Applicant may
designate portions of its Application materials that it reasonably believes contain
marking each portion of such materials accordingly, and the City shall treat the
information as proprietary and confidential, subject to applicable State and local
the Cityhe
is reasonable.
d. Administrative Review Application Requirements. The Application shall be made by
the applicable Provider or its duly authorized representative and shall contain the
following:
1. -mail address,
including emergency contact information of record.
2. A certification by the Applicant that it has the legal right to install and operate
the Communications Facility on the property or structure.
3. The names, addresses, telephone numbers, and e-mail addresses of all
consultants, if any, acting on behalf of the Applicant with respect to the filing of
the Application.
4. A general description of the proposed work and the purposes and intent of the
proposed facility. The scope and detail of such description shall be appropriate
to the nature and character of the physical work to be performed, with special
emphasis on those matters likely to be affected or impacted by the physical work
proposed.
5. Detailed construction drawings regarding the proposed facility.
6. To the extent the proposed facility involves Collocation on a Pole, Tower or
Support Structure, a structural report performed by a duly licensed engineer
evidencing that the Pole, Tower or Support Structure will structurally support the
Collocation or that the Pole, Tower or Support Structure will be modified to meet
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structural requirements) in accordance with Applicable Codes.
7. For any aboveground facilities, visual depictions or representations, if not
included in the Construction drawings.
e. Ordinary Maintenance, Repair and Replacement. An Application shall not be required
for Ordinary Maintenance, Repair and Replacement, other than to the extent required
for applicable Permits described in Subsection 2401.5b(iii) above.
f. Information Updates. Any material change to information contained in an Application
shall be submitted in writing to the City within thirty (30) days after the change
necessitating the change.
Section 2402.2 Action on Administrative Review Application.
a. Review of Applications for Administrative Review.
(i) The City shall review the Application in light of its conformity with applicable
provisions of this Article, and shall issue a Permit on nondiscriminatory terms
and conditions, subject to the following requirements:
(A) Within ten (10) days of receiving an Application, the City must
determine and notify the Applicant whether the Application is
complete; or if an Application is incomplete, the City must specifically
identify the missing information, and may toll the approval interval in
Subsection 2402.2(a)(i)(B). The Applicant may resubmit the completed
Application within twenty (20) days without additional charge, and the
subsequent review will be limited to the specifically identified missing
information subsequently completed, except to the extent material
changes to the proposed facility have been made by the Applicant
(other than those requested or required by the City) in which case a
new Application and Application Fee for same must be submitted; and
(B) The City must make its final decision to approve or deny the
Application within sixty (60) days for a collocation, and ninety (90)
days for any new structure, after the Application is complete, or
deemed completed (These time limits for acting on applications are
; and
(C) The City must advise the Applicant in writing of its final decision, and
in the final decision document the basis for a denial, including specific
code provisions on which the denial was based. A decision to deny an
application shall be in writing and supported by substantial evidence
contained in a written record, publicly released, and sent to the
applicant. The written decision, supported by such substantial
evidence, shall constitute final action by City. The review period or
substantial evidence, is released and sent to the Applicant
contemporaneously. The Applicant may cure the deficiencies identified
by the City and resubmit the Application within thirty (30) days of the
denial without paying an additional Application Fee, unless denial was
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issued due to noncompliance with Design Guidelines or other
requirements under this Article (in which case a new Application Fee
must be paid). The City shall approve or deny the revised Application
within thirty (30) days of receipt of the revised Application. The
subsequent review by the City shall be limited to the deficiencies cited
in the original denial.
(ii) If the City fails to act on an Application within the shot clock referenced in
Subsection 2402.2(a)(i)(B) above, the Applicant may provide the City written
notice that the time period for acting has lapsed, and the City then has twenty
(20) days after receipt of such notice within which to render its written decision,
failing which the Application is then deemed approved by passage of time and
operation of law.
(iii) An Applicant seeking to construct, modify or replace a network of
the
City401.7 above,
file a consolidated Application and receive a single Permit for multiple
Communications Facilities, or multiple Permits. The City
sites within a consolidated Application shall not affect other sites submitted in the
same Application. The City shall grant a Permit(s) for any and all sites in a
consolidated Application that it does not otherwise deny, subject to the
requirements of this Section.
b. Effect of Permit.
(i) Authority Granted; No Property Right or Other Interest Created. A Permit from
the City authorizes an Applicant to undertake only certain activities in
accordance with this Article, and does not create a property right or grant
authority to the Applicant to impinge upon the rights of others who may own or
have other interests in the Utility Easement or other privately- owned property.
(ii) Duration. Any Permit for construction issued under this Article III shall be valid
for a period of six (6) months after issuance, provided that the six month period
shall be extended for up to an additional 6 months upon written request of the
Applicant (made prior to the end of the initial 6 month period) if the failure to
complete construction is delayed as a result of circumstances beyond the
reasonable control of the Applicant.
Section 2402.3 Eligible Facilities Requests.
a. Review of Eligible Facilities Requests. Notwithstanding any other provision of this
Article, the City shall approve and may not deny Applications for Eligible Facilities
Requests within sixty (60) days according to the procedures established under 47
C.F.R. 1.40001(c).
Section 2402.4 Applications Requiring Discretionary Review and Approval.
a. Discretionary Review Required. The following uses on private property including,
without limitation, on any Utility Easement, shall require compliance with, and
issuance of a minor use permit under Section 9262:
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(i) Collocation of Wireless Facilities that do not qualify as Eligible Facilities
Requests.
(ii) All other uses not expressly set forth or referenced in Subsection 2402.1(a)
above.
Section 2402.5 Temporary and Emergency Installations.
a. A Deployable may be operated for a period of not more than one hundred and twenty
(120) days, when operated in connection with a special event after issuance by the
City of a Permit based upon an Administrative Review only. Deployable operated in
conjunction with a special event shall meet reasonable setbacks determined by the
\[City engineer\], shall be subject to receipt of a valid building Permit, if applicable,
shall meet uniform fire code requirements, and shall be removed within seventy-two
(72) hours of completion of the event.
b. A Deployable may be operated in any zoning district after a declaration of an
emergency or a disaster by the City executive.
Section 2402.6 Design Standards.
All aboveground Communications Facilities to be installed outside of the Public ROW and requiring
Administrative Review only shall conform to the design standards in Resolution No. 2019-14 or any
amendments thereto.
Section 2402.7 Violation of this Article:
a. Civil penalty. A violation of any of the provisions of this Article by an
Applicant or Provider shall be subject to a civil penalty of One Thousand Dollars
$1,000 for each violation which continues more than thirty (30) days after
written notice of such violation is provided to the Applicant or Provider by the City.
Each day, after such notice, that a violation occurs or is permitted to exist by the
Applicant or Provider constitutes a separate offense.
b. Violation a misdemeanor. Any person, firm or corporation, whether as principal,
agent, or employee or otherwise, violating or causing the violation of any of the
provisions of this Article, shall be guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not more than five hundred dollars ($500.00)
or by imprisonment in the County of Mendocino jail for a term not exceeding six (6)
months, or by both such fine and imprisonment. Each such person, firm or
corporation, shall be deemed to be guilty of a separate offense for each and every
day during any portion of which any violation of this Article is committed or continued
by such person, firm or corporation, and shall be punishable as herein provided.
c. Violation as a public nuisance. Any Pole, Tower, Antenna, Communications Facility,
or Support Structure built, erected, or constructed, altered,
enlarged, converted, moved, set up, or maintained contrary to the provisions of this
Article and any use thereof established, conducted, operated or maintained contrary
to the provisions of this Article, shall be and the same is hereby declared to be
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unlawful and a public nuisance; and the City Attorney shall, upon order of the City
Council, immediately commence action or proceedings for the abatement and
removal and enjoinment thereof, in the manner provided by law, and shall take such
other steps and shall apply to such courts as may have jurisdiction to grant such
relief as will abate and remove such Facilities and restrain and enjoin any person,
firm or corporation from setting up, erecting, building, maintaining or using any
Facilities contrary to the provisions of this Article.
d. Payment violation. Any failure of an Applicant or Provider to make a payment to the
City required
denying any pending Application or revoking any Permit. In addition, any such
Payment Violation shall be subject to a civil penalty of One Thousand Dollars
($1,000) in additional to prejudgment interest at the maximum rate provided by law
and, at the sole election of the City, when it files an action to enforce this subsection,
the prevailing party in any such action shall be entitled to recover from the other
party, its reasonable attorne
e. Remedies Cumulative. The penalties and remedies contained in this Section 2402.7
shall be cumulative and not exclusive. The City may use any one or more of the
penalties and remedies provided herein when enforcing the provisions of this Article.
Section 2402.9 Exceptions to Applicability of this Article.
Notwithstanding anything to the contrary in this Article, the following facilities are not subject to the
provisions of this Article: (1) antennas used by residential households solely for broadcast radio and
television reception; (2) satellite antennas used solely for residential or household purposes; and (3)
television and AM/FM radio broadcast Towers and associated facilities.
SECTION TWO
1. 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.
2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general
circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption
Introduced on _______, 2019, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on _______, 2019, by the following roll call vote:
AYES:
24
94
NOES:
ABSENT:
ABSTAIN:
_______________
Maureen Mulheren, Mayor
ATTEST:
_______
Kristine Lawler, City Clerk
25
95
2
3
4
LƷĻƒ ƚƷğƌ
$2,000.00 $8,000.00 $6,840.00 $9,000.00
$89,360.00 $52,500.00 $51,000.00 $11,000.00 $97,572.00 $10,000.00
$126,286.00 $100,240.00 $647,235.00 $159,150.00 $138,600.00 $110,544.00
$1,619,327.00
$10.00 $10.00 $40.00 $47.00
$280.00 $171.00 $150.00 $188.00
ƓźƷ tƩźĭĻ
$1,500.00 $1,000.00 $1,000.00 $8,000.00
$89,360.00 $11,000.00 $10,000.00
$126,286.00
Northwest Paving, Inc.8115 Secluded Valley DriveRedding, CA 96001 Apply-A-Line 19652 N Hirsch CourtAnderson, CA 96007Striping Items 8-11 Steve Cox Concrete Concrete Items 12-14
LƷĻƒ ƚƷğƌ
$1,818.00 $8,242.20
$83,779.50 $64,017.84 $39,709.36 $31,815.00 $46,359.00 $11,817.00 $13,210.80 $12,726.00 $61,177.26 $69,901.44 $41,800.26 $18,180.00
$596,591.70 $199,861.20
$1,301,006.56
$12.05 $14.14 $57.66 $57.68 $29.72 $80.54
$110.92 $157.62 $909.00 $909.00 $909.00
ƓźƷ tƩźĭĻ
$83,779.50 $64,017.84 $11,817.00 $13,210.80 $18,180.00
Darren Taylor Construction, 19672 North Hirsch CourtAnderson, CA 96007 Apply-A-Line 19652 N Hirsch CourtAnderson, CA 96007Thermo Stripe X-Walk
$800.00
LƷĻƒ ƚƷğƌ
$2,500.00 $3,420.00 $4,500.00 $8,200.00
$21,000.00 $81,500.00 $42,960.00 $26,250.00 $26,775.00 $14,800.00 $90,185.00 $70,560.00 $14,013.00
$605,600.00 $110,880.00
$1,123,943.00
$5.00 $5.00
$85.00 $32.00 $30.00 $27.00
$120.00 $160.00 $750.00 $525.00 $400.00
ƓźƷ tƩźĭĻ
$2,500.00 $8,200.00
$21,000.00 $81,500.00 $14,800.00
Granite Construction Company 1324 S State StreetUkiah, CA 95482 Anrak Corporation Cold Plane AC Pavement Pacific Northwest Oil Tack Coat Striping Graphics Striping/Pavement Markings
LƷĻƒ ƚƷğƌ
$1,200.00 $2,500.00 $3,420.00 $4,500.00 $8,200.00
$26,000.00 $50,120.00 $35,000.00 $30,600.00 $14,800.00 $47,745.00 $47,040.00 $23,355.00
$100,000.00 $510,975.00 $155,925.00
$1,061,380.00
$5.00 $5.00
$45.00 $45.00 $20.00 $45.00
$140.00 $135.00 $600.00 $600.00
ƓźƷ tƩźĭĻ
$1,000.00 $2,500.00 $8,200.00
$26,000.00 $14,800.00
$100,000.00
Ghilotti Construction Company 246 Ghilotti AvenueSanta Rosa, CA 95407 Pacific Northwest Oil Tack Oil Pavement Recycling Systems 10240 San Sevaine WayJurupa Valley, CA 91752Edge Grinding
Striping Graphics Striping & Marking
LSLSLSLSLFLFLFLS
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EAEAEA
TN
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112111
3551
358684900519
3785106134652352
vǒğƓƷźƷǤ
2
2019-06-26
TRAFFIC CONTROLMOBILIZATIONEDGE GRINDINGASPHALT CONCRETE FIBER REINFORCEDRAISING MANHOLE TO GRADERAISING VALVE BOXES & CL MONUMENTS TO GRADERAISE SEWER CLEAN-OUT TO GRADETHERMOPLASTIC
PAVEMENT MARKING (WARNING & DIRECTIONAL)APPLY BLUE/WHITE PAVEMENT MARKERSAPPLY 12" THERMOPLASTIC STRIPINGAPPLY 12" THERMOPLASTIC STRIPING CROSSWALKPCC CURB & GUTTERPCC CURB RAMPPCC
VALLEY GUTTERPCC CURB AT SIDES AND BACK OF CURB RAMPSCONSTRUCTION STAKING
LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ
123456789
10111213141516
SPEC #19-08 - 2019 STREET REHABILITATION PROJECT City of Ukiah Bid Opening:Base BidTotal Bid Listed Subs
LƷĻƒ ϔ
BUUBDINFOU
5
BUUBDINFOU3
6
7
8
9
:
21
22
23
24
25
26
27
28
29
2:
31
32
33
34
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
36
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
W STSID
GARR TT DRI AT LOCKWOOD DRI
NORTH AST CORN R
NORTH AST CORN R
N. BUSH STR T AT GARR TT DRI
GARR TT DRI AT LOCKWOOD DRI
W STSID
N. BUSH STR T AT ARLINGTON DRI
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
37
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
SOUTH AST CORN R
GARR TT DRI AT LM STR T
NORTHSID
GARR TT DRI AT LM STR T
SOUTHW ST CORN R
GARR TT DRI AT LM STR T
SOUTH AST CORN R
SOUTH AST CORN R
N. BUSH STR T AT GARR TT DRI
GARR TT DRI AT LOCKWOOD DRI
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
38
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
NORTHW ST CORN R NORTHW ST CORN R
ORCHARD A NU AT PLUM STR T
ORCHARD A NU AT P ACH STR T
SOUTHW ST CORN R SOUTHW ST CORN R
ORCHARD A NU AT PLUM STR T
ORCHARD A NU AT P ACH STR T
ASTSID
ORCHARD A NU AT GIBSON CR K
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
39
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
NORTH AST CORN R
WARR N DRI AT ST LLA DRI
ASTSID
NORTH AST CORN R
ORCHARD A NU KINGS COURT
WARR N DRI AT P ACH STR T
NORTHW ST CORN R
WARR N DRI AT P ACH STR T
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
3:
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
SOUTHW ST CORN R
NORTHW ST CORN R
ORCHARD A NU AT ST LLA DRI
WARR N DRI AT . P RKINS STR T
SOUTHW ST CORN R
ORCHARD A NU AT ST LLA DRI
SOUTH AST CORN R
WARR N DRI AT ST LLA DRI
SOUTH AST CORN R
WARR N DRI AT . P RKINS STR T
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
41
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
SOUTH AST CORN R
PARK BOUL ARD AT WALNUT A NU
W STSID
SOUTHW ST CORN R
P ACH STR T AT PLUM STR T
ORCHARD A NU AT GIBSON CR K
NORTHW ST CORN R
SOUTH AST CORN R
ANTON STADIUM NTRANC
P ACH STR T AT PLUM STR T
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
42
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
NTSNTS
102
NTSSID WALK CURB AND GUTT R AND DRI WAY APPROACHNTS
-
120
NTSSTR T NAM STOP SIGNNTS2" DG GRIND AND O RLAY PROFIL
CURB RAMPSCOR MARK FOR SID WALK CURB GUTT R
111101
S: PUBLIC WORKS AUTOCAD CURB RAMP CURB RAMPS 2019 STR T R HABILITATION PRO CT 2019.DWG
43
SP CIFICATION NO.19-0
STR T R HABILITATION 2019
APRIL 2019
AS SHOWN
CITY OF UKIAH - ARIOUS LOCATIONS
STR T UANTITI SSTRIPING UANTITI S
44
45
46
47
48
49
4:
51
52
53
54
55
56
57
58
59
5:
61
62
63
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
Did you include?...
o
o
o
o
o
o
o
o
o
o
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:
2
3
4
$0.00
$470.00
LƷĻƒ ƚƷğƌ
$4,858.00 $1,800.00 $3,100.00 $4,000.00 $4,160.00 $7,980.00 $5,220.00 $8,330.00 $2,250.00 $6,960.00 $3,675.00 $4,600.00 $7,700.00 $2,310.00 $2,520.00 $1,850.00 $6,150.00 $2,212.00 $1,177.00
$2,000.00 $2,235.00 $4,830.00 $1,610.00 $8,190.00 $2,240.00 $5,400.00 $3,000.00 $9,480.00 $3,500.00
$40,718.00 $33,000.00 $15,450.00 $92,300.00 $19,600.00 $92,300.00 $25,410.00 $19,800.00 $46,610.00 $35,400.00 $88,200.00 $42,525.00 $28,000.00 $52,000.00 $32,400.00 $14,432.00 $39,200.00
$25,500.00 $18,000.00 $36,100.00 $61,272.00 $13,736.00
$113,565.00 $162,800.00 $253,816.00 $335,135.00
$3.20 $6.00 $0.00 $4.20 $8.00 $6.00 $6.00
$12.00 $36.00 $65.00 $65.00 $45.00 $74.00 $28.00 $47.00 $42.00 $82.00 $30.00 $30.00 $63.00 $14.40 $16.00 $15.00
$620.00 $280.00 $238.00 $225.00 $232.00 $105.00 $330.00 $118.00 $113.00 $295.00 $147.00 $135.00 $400.00 $185.00 $745.00 $230.00 $196.00 $404.00
ƓźƷ tƩźĭĻ
$4,858.00 $1,800.00 $4,000.00 $2,300.00 $1,100.00 $2,600.00 $5,400.00 $6,150.00 $1,106.00 $1,177.00 $3,455.00 $1,805.00 $3,500.00
$40,718.00 $33,000.00
$253,816.00
Team Ghilotti, Inc.2531 Petaluma Blvd SoPetaluma, CA 94952
$0.00
$560.00
LƷĻƒ ƚƷğƌ
$8,000.00 $1,495.00 $1,750.00 $1,000.00 $6,500.00 $7,980.00 $7,250.00 $7,000.00 $1,750.00 $2,500.00 $7,500.00 $2,450.00 $7,000.00 $1,650.00 $3,600.00 $5,000.00 $4,000.00 $3,000.00 $5,000.00
$1,200.00 $3,750.00 $3,000.00 $4,600.00 $3,520.00 $7,800.00 $4,900.00 $5,400.00 $2,000.00 $6,320.00 $8,000.00
$40,000.00 $10,000.00 $18,025.00 $35,500.00 $11,550.00 $11,000.00 $10,000.00 $69,125.00 $95,475.00 $13,200.00 $96,000.00 $50,400.00 $21,000.00 $44,000.00 $18,000.00 $16,000.00 $21,250.00
$15,000.00 $36,100.00 $63,825.00 $11,900.00
$127,800.00 $143,000.00 $100,000.00 $335,135.00
$5.00 $7.00 $0.00 $3.00 $4.00 $4.00
$12.00 $50.00 $90.00 $50.00 $70.00 $25.00 $25.00 $95.00 $65.00 $40.00 $15.00 $40.00 $20.00 $80.00 $80.00 $25.00 $25.00 $60.00 $15.00 $35.00 $15.00
$350.00 $100.00 $250.00 $250.00 $150.00 $175.00 $110.00 $160.00 $160.00 $300.00 $500.00 $300.00 $350.00
ƓźƷ tƩźĭĻ
$8,000.00 $1,495.00 $1,000.00 $5,000.00 $1,000.00 $2,200.00 $3,000.00 $4,000.00 $2,500.00 $1,200.00 $1,000.00 $3,455.00 $1,805.00 $8,000.00
$40,000.00 $10,000.00
$100,000.00
Ghilotti Construction Company, Inc.246 Ghilotti AvenueSanta Rosa, CA 95407
$0.00
$310.00 $936.00 $690.00 $700.00
LƷĻƒ ƚƷğƌ
$5,700.00 $3,230.00 $1,050.00 $2,700.00 $4,550.00 $4,123.00 $1,015.00 $2,205.00 $2,870.00 $6,000.00 $6,160.00 $2,640.00 $8,800.00 $2,100.00 $2,530.00 $1,170.00 $1,200.00 $4,315.00 $1,200.00
$2,200.00 $1,290.00 $1,452.00 $4,550.00 $2,240.00 $5,400.00 $3,000.00 $4,200.00
$49,000.00 $18,500.00 $23,175.00 $28,350.00 $76,680.00 $16,170.00 $59,250.00 $21,840.00 $79,200.00 $42,840.00 $18,900.00 $38,640.00 $13,650.00 $19,000.00 $17,000.00 $10,800.00 $32,000.00
$72,335.00 $15,300.00 $13,035.00
$149,100.00 $124,620.00 $110,000.00 $116,850.00 $300,700.00
$3.50 $9.00 $6.20 $7.00 $0.00 $6.00 $4.60 $8.80 $6.00 $8.25 $6.00 $8.25
$63.00 $54.00 $50.00 $13.00 $31.00 $95.00 $20.00 $18.00 $35.00 $17.00 $16.00 $15.00
$210.00 $105.00 $405.00 $287.00 $200.00 $176.00 $210.00 $300.00 $150.00 $124.00 $182.00 $132.00 $136.00 $270.00 $120.00 $600.00 $936.00 $430.00 $100.00 $450.00
ƓźƷ tƩźĭĻ
$5,700.00 $3,230.00 $2,700.00 $4,400.00 $1,932.00 $2,275.00 $4,315.00 $3,100.00 $1,600.00 $4,200.00
$49,000.00 $18,500.00
$116,850.00
Rege Construction, Inc.600 Santana DriveCloverdale, CA 95425
$0.00
LƷĻƒ ƚƷğƌ
$7,500.00 $3,500.00 $2,750.00 $5,500.00 $6,500.00 $9,012.50 $2,660.00 $1,305.00 $3,150.00 $2,000.00 $1,740.00 $1,925.00 $8,520.00 $8,800.00 $5,390.00 $2,062.50 $5,940.00 $5,900.00 $5,200.00
$2,200.00 $2,900.00 $3,200.00 $3,500.00 $1,890.00 $2,990.00 $4,576.00 $4,690.00 $7,540.00 $4,900.00 $5,400.00 $2,000.00 $6,320.00
$34,500.00 $10,500.00 $39,760.00 $14,350.00 $12,320.00 $10,120.00 $41,475.00 $85,425.00 $14,400.00 $94,800.00 $49,770.00 $22,750.00 $54,000.00 $22,800.00 $18,400.00 $23,800.00 $18,600.00
$45,000.00 $63,825.00 $11,900.00 $11,800.00
$123,200.00 $140,500.00 $344,350.00
$5.00 $3.50 $4.00 $9.00 $6.00 $0.00 $3.75 $4.00 $4.00
$28.00 $90.00 $58.00 $55.00 $23.00 $85.00 $56.00 $66.00 $14.00 $26.00 $26.00 $92.00 $28.00 $31.00 $58.00 $15.00 $35.00 $15.00
$550.00 $205.00 $200.00 $160.00 $770.00 $105.00 $120.00 $158.00 $158.00 $325.00 $590.00 $220.00 $630.00 $670.00 $350.00
ƓźƷ tƩźĭĻ
$7,500.00 $3,500.00 $5,500.00 $4,400.00 $2,700.00 $3,800.00 $5,200.00 $1,450.00 $3,200.00 $3,550.00 $2,250.00
$34,500.00 $10,500.00 $11,800.00
$140,500.00
Granite Construction Company 1324 S State StreetUkiah, CA 95482
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ƓźƷ ƚŅ aĻğƭǒƩĻ
11115112761213711
7035103035777020901010972034
665145440550395120600315250115176200850600130140360500
13002575142014201005220042551580
vǒğƓƷźƷǤ
CONSTRUCTION AREA SIGNSTRAFFIC CONTROL SYSTEMPREPARE STORM WATER POLLUTION TEMPORARY STORM WATER POLLUTION TEMPORARY DRAINAGE INLET PROTECTIONTEMPORARY CONCRETE WASHOUTREMOVE PAINTED
TRAFFIC STRIPEREMOVE ASPHALT CONCRETE PAVEMENTREMOVE CONCRETE SIDEWALKREMOVE CONCRETE (CURB AND GUTTER)ROADWAY EXCAVATION (TRAIL AND ROADWAY EXCAVATION (STREETS TRENCH EXCAVATIONSTRUCTURE
EXCAVATION (BRIDGE FOOTING)STRUCTURE BACKFILL (HEADWALL)STRUCTURE BACKFILL (PIPE)EMBANKMENT (PLACE EXCAVATED NATIVE PREPARE TREE PIT (AMEND SOIL)LANDSCAPE MAINTENANCE (2 YEARS)STABILIZED
DECOMPOSED GRANITE TRASH RECEPTACLESTONE BLOCK SEATINGHYDRO SEEDCLASS II AGGREGATE BASE (SHOULDER)CLASS II AGGREGATE BASE (TRAIL)CLASS II AGGREGATE BASE (STREET HOT MIX ASPHALT (TYPE
A 1/2" HOT MIX ASPHALT (TYPE A 1/2" HOT MIX ASPHALT (TYPE A 1/2" MSE STABILIZED EMBANKMENT (INCLUDES STRUCTURAL CONCRETE, BRIDGE FOOTINGSTRUCTURAL CONCRETE, HEADWALL8"
PVC PIPE48" CORRUGATED STEEL PIPE CATCH BASIN (LANDSCAPE AT STA 30+00)REMOVE PIPEADJUST INLETADJUST MANHOLE FRAME AND COVER TO SMALL ROCK SLOPE PROTECTION (FOR ROCK SLOPE PROTECTION
(1/4T, METHOD B - DETECTABLE WARNING SURFACE (SCREW DETECTABLE WARNING SURFACE (PRECAST MINOR CONCRETE - MOUNTABLE CURB, MINOR CONCRETE - CURB AND GUTTER MINOR CONCRETE - DRIVEWAY (INCL
MINOR CONCRETE - SIDEWALKS, INCL AGG MINOR CONCRETE - TALMAGE MEDIAN, PRE-ENGINEERED FLATBED RAIL CAR BRIDGE LIGHTING (SOLAR POWERED) INCLUDES LIGHTING (3' BOLLARD - SOLAR POWERED)
CHAIN LINK FENCE (42" TALL)ROADSIDE SIGN(S), 1-POSTTHERMOPLASTIC PAVEMENT MARKINGS THERMOPLASTIC CROSSWALK AND PAINT TRAFFIC STRIPE (TRAIL)PAINT TRAFFIC STRIPE (STREETS)REMOVE
EXISTING RAILROAD CROSSING
LƷĻƒ 5ĻƭĭƩźƦƷźƚƓ
1200901201001303001304001306201309001507111507701531401532151901011901011901401920031930011930011980502001082050342050702050712104302602032602032602033901323901323901324770205100515100926411006650457
07051710136710196710208720110721013730070730070730010731504731516731521731521750501770090770091800310820840840515840519840656840656872140
204098
2019-06-27
LƷĻƒ /ƚķĻ
123456789
1011121314151617182021222324252627282930313233343536373839404142434445464748495051525354555657
19
SPEC. #17-12 NORTHWESTERN PACIFIC RAIL TRAIL PHASE 2City of UkiahBid Opening:Base Bid
LƷĻƒ ϔ
5
$21,065.00
$115,000.00
$1,997,141.00
$21,065.00
$115,000.00
ARROW FENCING PO Box 385Calpella, CA 95418Chain Link Fencing Benton Engineering PO Box 1244Cottonwood, CA 96022Railcar Bridge Fabrication & Install DC Electric Group, Inc.Solar Lights
F3 & Associates Survey Statewide Signs Striping Graphics Paint Stripe
$16,000.00
$124,000.00
$1,688,760.00
$16,000.00
$124,000.00
ARROW FENCING PO Box 385Calpella, CA 95418Fencing DC Electric Group, Inc.Electrical Striping Graphics Striping & Marking
$80,000.00 $15,000.00
$1,652,461.00
$80,000.00 $15,000.00
Apply-A-Line Striping ARROW FENCING PO Box 385Calpella, CA 95418Fencing Cinquini & Passarino Inc.Survey/Staking Nitta Erosion Control Hydro Seed Statewide Signage Tully Consulting Group
SWPPP
$25,960.00 $15,690.00
$1,491,456.00
$25,960.00 $15,690.00
ARROW FENCING PO Box 385Calpella, CA 95418Furnish & Install Fencing Cinquini & Passarino Inc.Survey Construction Staking Daniel Steel Machine, Inc.Furnish & Install Bridge Striping Graphics
Remove StripeFurnish & Install StripingFurnish
LSLS
11
MOBILIZATION (MOBILIZATION, CONSTRUCTION STAKING
999990999991
5859
Total Bid AmountListed Subs
6
BUUBDINFOU3
7
8
9
:
21
22
23
24
25
26
27
28
29
2:
31
32
33
2
3
Attachment 1
4
5
6
7
8
9
Attachment 3
:
21
22
Attachment 4
CITY OF UKIAH
MEASURE P ANALYSIS
Eligible Measure P Costs
Measure P: Transaction and Use Tax
Measure P, passed by a simple majority (50% plus 1) of Ukiah voters in November of 2014 was a general (unrestricted) transaction and use tax. It continued a sun-setting transaction
and
use tax, known as Measure S (2005). Measure T (2005), passed in conjunction with Measure S, was a distinctly separate, advisory Measure indicating the voting public's preference for
the
use of Measure S proceeds.
A general, unrestricted tax is one that can be used to fund any program, function, service, or project at the discretion of the City Council. It is not a special, restricted tax, which
would require
approval of two-thirds of the voting public.
The language for the two ballot measures from 2005 (Measures "S" and "T") was as follows:
"Shall Ordinance No. 1063 be adopted to impose a transaction (sales) and use tax at a maximum rate of one-half of one percent within the city limits of the City of Ukiah?"
"Should additional funds for public safety, including police, fire, and emergency medical services, be the first priority for the use of new sales tax revenues in the City of Ukiah?"
The language of Measure P (2014) was as follows. It did not have an accompanying advisory measure on the ballot.
"Shall the one-half of one percent (0.5%) transaction and use tax used to fund essential public services, including police, fire prevention and protection, and emergency medical services,
set
to expire on September 25, 2015, be extended by Ordinance No. 1149 until repealed by majority vote in a municipal election?"
The Ukiah City Council established an expenditure plan (Resolution No. 2014-28) for the use of Measure P revenues. That resolution stated that those revenues should be used first to
maintain a minimum level of public safety services. The plan defined "minimum level of public safety services" to be level of services available in fiscal year 2014-15, including the
following:
1) thirty-two (32) full-time peace officers and 2) "\[a\] level of fire prevention and protective services commensurate with the City of Ukiah's portion of any City and District contractual
agreement for joint fire, paramedic, and fire prevention operations."
Recommended
Eligible Measure P Costs
Uses and Sources
Public Safety Activities
Comparative, Baseline (2015) to June 30, 2018
FY 2017-18 to
Measure PBaseline
BaselineFY 2016-17FY 2017-18Increase
Expenditure Uses by CategoryFY 2014-15ActualActual(Decrease)
Police:
Sworn officers 32 32 34 2
18 18 19 1
Misc personnel
Personnel$ 6,049,608$ 7,045,006$ 7,195,980$ 1,146,372
1,866,612 2,782,372 2,855,587 988,975
Operations
Capital 186,594 145,374 31,103 (155,491)
1
8,896,287 9,972,752 10,082,670 1,979,856
Total police
Fire:
Firefighters:
11 11 20 9
City
6
6 6 - (6)
UVFD
1,506,406 1,807,318 1,650,045 143,639
Personnel
2
- - 501,275 501,275
Contributions
530,822 1,269,135 899,924 369,102
Operations
Capital 30,400 44,117 1,186,256 1,155,856
2,583,807 3,120,570 4,237,500 2,169,873
Total fire
Total public safety 11,480,094 13,093,322 14,320,170 2,840,076
Dedicated Revenue Sources
2,465,521 2,684,958 2,790,669 325,148
Measure P transaction and use tax
Public safety programmatic revenue:
3
1,001,861 1,194,931 1,251,341 249,480
Police
5
37,235 136,383 209,896 172,661
Fire
Total revenue 3,504,617 4,016,272 4,251,906 747,289
Excess (deficiency) revenues over expenditures (7,975,477) (9,077,050) (10,068,264) (2,092,787)
Other Financing Sources
General revenues, general fund 7,975,477 9,077,050 10,068,264 2,092,787
Remaining resources$ -$ -$ -$ -
Notes:
1) Includes parking enforcement expenditures and associated revenue.
2) Contributions include amounts provided by the City to UVFD to help fund 50/50 share of operating costs.
3) Includes dispatch service revenue, except for general fund contributions.
4) Personnel counts include total position amounts budgeted though not necessarily filled.
5) Capital purchases in 2017-18 in Fire were financed with a capital lease, the proceeds of which is not considered revenue and not counted here.
6) All UVFD personnel were transferred to the City in FY 2017-18.
23
7) All Fire expenditure amounts reported here are that of the City and do not include expenditures incurred by UVFD.
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2
3
ATTACHMENT 1
RESOLUTION NO. 2019-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
REMOVING ON-STREET PARKING AND
ESTABLISHING ANO PARKING ZONEON AIRPORT ROAD
WHEREAS,the City Council may by resolution designate portions of streets upon which
the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to
Article 11, Chapter 1, Division 8 of the Ukiah City Code; and
WHEREAS,the CityEngineer recommends this “No Parking Zone”as shown on the
location map, Exhibit “A”.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Ukiah City Council does
establisha“No Parking Zone”onAirport Roadat the location designated by the City
Engineer.The City Engineer shall direct installation of signage as necessary.
PASSED AND ADOPTEDthis 3rdday of July, 2019by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Maureen Mulheren, Mayor
ATTEST:
____________________
Kristine Lawler, City Clerk
4
Resolution No. 2019-
Page 1of 1
EXHIBIT A: NO PARKING - AIRPORT ROAD
NO PARKING
NO PARKING
WEST SIDE
EAST SIDE
2,640 LF
3,212 LF
5
´
This map is a guide. Every reasonable
effort has been made to ensure the accuracy
05001,000
of the map and data provided. Parcel lines
are not intended to represent surveyed data.Feet Public Works
Date Saved: 6/27/2019 10:37:45 AM
2
3
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
4
2019 STREET RECONSTRUCTION PROJECT Title
Ukiah, CA 95482
G-001
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
TITLE SHEET
Location
DAT :DAT :
DIR CTOR OF PUBLIC WORKS / CITY NGIN R
MANAG M NT ANALYST / NGIN RING
APPRO D BY: TIMOTHY . RIKS N P. .
D SIGN D BY: ANDR W R. STRICKLIN
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
5
2019 STREET RECONSTRUCTION PROJECT
Title
Ukiah, CA 95482
G-002
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
NOTES
Location
H
O
M
E
D
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S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
6
2019 STREET RECONSTRUCTION PROJECT
Title
C-100
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
ORCHARD AVE. - PAVEMENT PLAN
Location
40
20
STA 6+00STA 12+00
00
00
+
+
6
2
1
SCALE: 1" = 20'
0
1
R
C-300
R1
C-300
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+
0
6
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
7
2019 STREET RECONSTRUCTION PROJECT
Title
C-101
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
ORCHARD AVE. - PAVEMENT PLAN
Location
40
STA 18+00
20
0
0
+
8
1
SCALE: 1" = 20'
0
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S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
8
2019 STREET RECONSTRUCTION PROJECT Title
C-300
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
CURB RAMPS DETAIL
Location
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S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
9
2019 STREET RECONSTRUCTION PROJECT Title
C-301
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
CURB RAMPS PLAN
Location
)
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C
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
:
2019 STREET RECONSTRUCTION PROJECT Title
C-400
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
PLAN DETAILS
Location
NTS
102
NTSSID WALK CURB AND GUTT R AND DRI WAY APPROACHNTS
2"
0.50' HMACLASS II AB
1.00'
EXISTING CURB & GUTTER
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RECONSTRUCTION SECTIONEDGE GRIND DETAIL
-
120
NTSSTR T NAM STOP SIGNNTSROAD TR ATM NT
CURB RAMPSCOR MARK FOR SID WALK CURB GUTT R
111101
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
21
2019 STREET RECONSTRUCTION PROJECT
Title
P-100
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
ORCHARD AVE. - STRIPING PLAN
Location
STA 6+00STA 12+00
1
R
C-300
R1
C-300
F
L
WHIT TH RMOPLASTIC TURN ARROW P R CALTRANS
STD PLAN A2 A TYP I PRO ID 12" WHIT TH RMOPLASTIC CROSSWALK AND LIMITLIN P R CALTRANS STANDARD PLAN A2 TYP .PRO ID 12" WHIT TH RMOPLASTIC CONTIN NTALCROSSWALK P R CALTRANS
STANDARD PLAN A2 F TYP .STRIPING P R CALTRANS D TAIL INDICAT D ON PLAN.P R A20A TO A20D OF CALTRANS STD. PLANS.
LEGEND
2
2
-
9
2
R
C-300
D
D - LF
F
L
2
-
9
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OME
H
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F
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OF TH CALIFORNIA MUTCD CALTRANS STANDARD PLANS ANDSP CIFICATIONS AND CITY OF UKIAH STANDARDS.UNL SS OTH RWIS NOT D.PA M NT MARK RS MARKINGS AND D LIN ATORS.
K
R
E
P
.THIS PLAN IS ACCURAT FOR PA M NT D LIN ATION ONLY.
2.ALL PA M NT STRIPING AND MARKINGS SHALL B TH RMOPLASTIC .CONTRACTOR SHALL R MO ANY ISTING CONFLICTING STRIPING
1.ALL STRIPING SHALL B IN CONFORMANC WITH TH LAT ST DITION
STRIPING NOT S:
STA 0+00STA 6+00
S: PUBLIC WORKS PRO CTS PUBLIC WORKS 2019 SP C 19-09 2019 STR T R CONSTRUCTION PRO CT PLANS SP C 19-09 - 2019 STR T R CONSTRUCTION PRO CT.DWG
22
2019 STREET RECONSTRUCTION PROJECT
Title
P-101
Ukiah, CA 95482
300 Seminary Avenue
SPECIFICATION NO. 19-09
Project
ULY 2019
AS SHOWN
ORCHARD AVE. - STRIPING PLAN
Location
STA 18+00
OF TH CALIFORNIA MUTCD CALTRANS STANDARD PLANS ANDSP CIFICATIONS AND CITY OF UKIAH STANDARDS.UNL SS OTH RWIS NOT D.PA M NT MARK RS MARKINGS AND D LIN ATORS.
STA 22+97
2.ALL PA M NT STRIPING AND MARKINGS SHALL B TH RMOPLASTIC .THIS PLAN IS ACCURAT FOR PA M NT D LIN ATION ONLY.
.CONTRACTOR SHALL R MO ANY ISTING CONFLICTING STRIPING
1.ALL STRIPING SHALL B IN CONFORMANC WITH TH LAT ST DITION
STRIPING NOT S:
F
L
9
-
9
D
WHIT TH RMOPLASTIC TURN ARROW P R CALTRANS
STD PLAN A2 A TYP I PRO ID 12" WHIT TH RMOPLASTIC CROSSWALK AND LIMITLIN P R CALTRANS STANDARD PLAN A2 TYP .PRO ID 12" WHIT TH RMOPLASTIC CONTIN NTALCROSSWALK P R CALTRANS
STANDARD PLAN A2 F TYP .STRIPING P R CALTRANS D TAIL INDICAT D ON PLAN.P R A20A TO A20D OF CALTRANS STD. PLANS.
LEGEND
D - LF
F
L
5
F
-
FL
F
L
A
L
9
9
1
1
5
9
-
-
D
1
B
-
A
F
R1
1
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2
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5
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R1
C-301
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CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
SPECIAL PROVISIONS
FOR
2019 STREET RECONSTRUCTION PROJECT2019 STREET RECONSTRUCTION PROJECT2019 STREET RECONSTRUCTION PROJECT
SPECIFICATION NO. 19-09
CITY OF UKIAH
DEPARTMENT OF DEPARTMENT OF DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open:JulyXX, 2019
2:00 p.m.
Office of City Clerk
Approved _____________________________________________________________________Approved _____________________________________________________________________Approved __________________________________
___________________________________
Tim Eriksen, Director of Public Works/City Engineer Date
23
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:
MAUREEN MULHEREN MAYORMAYOR
DOUGLAS CRANE VICE MAYORVICE MAYORVICE MAYOR
STEPHEN G. SCALMANINI COUNCIL MEMBERCOUNCIL MEMBERCOUNCIL MEMBER
JIM BROWN COUNCIL MEMBERCOUNCIL MEMBERCOUNCIL MEMBERCOUNCIL MEMBERCOUNCIL MEMBER
JUAN OROZCO COUNCIL MEMBERCOUNCIL MEMBERCOUNCIL MEMBER
SAGE SANGIACOMOSAGE SANGIACOMOSAGE SANGIACOMOCITY MANAGER
TIM ERIKSEN -DIRECTOR OF PUBLIC WORKS / CITY ENGINDIRECTOR OF PUBLIC WORKS / CITY ENGINDIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER MARY HORGER MARY HORGER PROCUREMENT MANAGER
KRISTINE LAWLER KRISTINE LAWLER KRISTINE LAWLER CITY CLERK
R. ALLEN CARTER -CITY TREASURER
CITY OF UKIAH
DEPARTMENT OF PUBLIC WORKS
JULY 2019
24
TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 1
GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3
1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work
1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications
SECTION 2. AWARD AND EXECUTION OF CONTRACT ...........................................................................................................................................................
................................................ 5
2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ..............................................................................................................................................................
...................................................... 5
3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawingsrovisions and Drawingsrovisions and Drawings
3-07. Liability of City Officials
3-08. Dispute Resolution
SECTION 4. BONDS .....................................................................................................................................................................................
................ 6
4-01. Faithful Performance Bond01. Faithful Performance Bond01. Faithful Performance Bond
4-02. Material and Labor Bond02. Material and Labor Bond02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond03. Defective Material and Workmanship Bond03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies04. Notification of Surety Companies04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORSSECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORSSECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ................................................
......... 6
5-01. Minimum Scope of Insurance01. Minimum Scope of Insurance01. Minimum Scope of Insurance01. Minimum Scope of Insurance01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance02. Minimum Limits of Insurance02. Minimum Limits of Insurance
5-03. Deductibles and Self03. Deductibles and Self03. Deductibles and Self-Insured Retentions
555---04. Other Insurance Provisions04. Other Insurance Provisions04. Other Insurance Provisions
555---05. Acceptability of Insurers05. Acceptability of Insurers05. Acceptability of Insurers
555--06. Verificati06. Verificati06. Verification of Coverage
555---07. Subcontractors07. Subcontractors07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8
6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
25
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................................................................................
13
7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENTSECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENTSECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT ......................................................
........ 15
8-01. General Quality
8-02. Quality in Absence of Detailed Specifications02. Quality in Absence of Detailed Specifications02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name03. Materials and Equipment Specified by Name03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests6. Drawings, Samples and Tests6. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORKSECTION 9. PROSECUTION OF WORKSECTION 9. PROSECUTION OF WORKSECTION 9. PROSECUTION OF WORKSECTION 9. PROSECUTION OF WORK ...........................................
........................................................ 16
9-01. Equipment and Methods01. Equipment and Methods01. Equipment and Methods
9-02. Time of Completion 02. Time of Completion 02. Time of Completion
9-03. Avoidable Delays03. Avoidable Delays03. Avoidable Delays
9-04. Unavoidable Delays04. Unavoidable Delays04. Unavoidable Delays
9-05. Notice of Delays05. Notice of Delays05. Notice of Delays
9-06. Extension of Time06. Extension of Time06. Extension of Time06. Extension of Time06. Extension of Time
9-07. Unfavorable Weather and O07. Unfavorable Weather and O07. Unfavorable Weather and O07. Unfavorable Weather and O07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work08. Saturday, Sunday, Holiday and Night Work08. Saturday, Sunday, Holiday and Night Work
999---09. Hours of Labor09. Hours of Labor09. Hours of Labor
SECTION 10. PAYMENTSECTION 10. PAYMENTSECTION 10. PAYMENT .............................................................................................................................
17
1010-01. 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
26
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 20
11-01. Notice
11-02. Computation of Time
11-03. Litigation and Forum Selection
11-04. Waiver
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 222
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 Traffic Control System for Lane Closures
12-11. Stream Pollution
12-12. Warranties
12-13. Utilities
12-14. Preconstruction Conference
12-15. Safety Requirements
12-16 Existing Utilities
12-17 Cooperation
12-18 Notification of Underground Service Alert (USA) and Location of Existing Facilitie18 Notification of Underground Service Alert (USA) and Location of Existing Facilitie18
Notification of Underground Service Alert (USA) and Location of Existing Facilities
SECTION 13. CONSTRUCTION DETAILS .................................................................................................................................................................
27
13-01 Preservation of Property and Existing Facilitiesand Existing Facilitiesand Existing Facilities
13-02 Storm Water Pollution Prevention Plan02 Storm Water Pollution Prevention Plan02 Storm Water Pollution Prevention Plan
13-03 Watering
13-04 Construction Area Traffic Control Devices04 Construction Area Traffic Control Devices04 Construction Area Traffic Control Devices
13-05 Construction Surveying
13-06 Surplus Material
13-07 Dust Control
13-08 Mobilization
13-09 Clearing and GrubbingClearing and GrubbingClearing and Grubbing
13-10 Earthwork
13-11 Subgrade Enhancement Geotextile11 Subgrade Enhancement Geotextile11 Subgrade Enhancement Geotextile
13-12 Aggregate BaseAggregate BaseAggregate Base
13-13 Material RecyclingMaterial RecyclingMaterial Recycling
13-14 Hot Mix AsphaltHot Mix AsphaltHot Mix Asphalt
13-15 Edge GrindingEdge GrindingEdge Grinding
13-16 ContaminateContaminateContaminateContaminateContaminated Materiald Material
13-1777 Curb, GCurb, GCurb, Gutter, Curb Ramps,utter, Curb Ramps,utter, Curb Ramps, and Sidewalk
13-181818 Sawcut PavementSawcut PavementSawcut Pavement
131313--191919 Soil and Groundwater disposalSoil and Groundwater disposalSoil and Groundwater disposal
131313--220 Relocation of0 Relocation of0 Relocation of Signs
131313---222111 TraffTraffTraffic Striping
131313---22222 Pavement Markings
1313-23 Reflective Pavement Markers (Blue)
13-24 Pavement Markers
13-25 Portland Cement Concrete
13-26 Adjust Existing Valve Boxes and Manholes to Grade
13-27 Public Notification
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 66
27
14-01. Provisions to be Excluded from General Conditions
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 66
15-01. Provisions of General Conditions to be Amended
CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 67
PROPOSAL ............................................................................................................................................ 68
BIDDING SCHEDULE ......................................................................................................................................... 666999
FAIR EMPLOYMENT PRACTICES CERTIFICATION ...................................................................................................................... 747474
WORKER'S COMPENSATION CERTIFICATE ....................................................................................................................................................
757575
CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................................................................................... 76
LIST OF PROPOSED SUBCONTRACTORS .......................................................................................................................................................................
...................................................... 77
STATEMENT OF EXPERIENCE OF BIDDER .....................................................................................................................................................................
....................... 78
SIGNATURE OF BIDDER ...................................................................................................................................................................................
.......... 79
BIDDER'S BOND .........................................................................................................................................................................................
................................................................................. 80
NON-COLLUSION AFFIDAVIT ...............................................................................................................................................................................
...................................... 81
AGREEMENT ............................................................................................................................................................................................
................ 82
INDEMNIFICATION AGREEMENT .............................................................................................................................................................................
................................. 86
FAITHFUL PERFORMANCE BOND .............................................................................................................................................................................
................................................................ 87
MATERIAL AND LABOR BOND ...............................................................................................................................................................................
.................................... 89
DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BDIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BDIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL
AND LABOR BOND ............. 91
DEFECTIVE MATERIAL AND WDEFECTIVE MATERIAL AND WDEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BONDORKMANSHIP (MAINTENANCE) BONDORKMANSHIP (MAINTENANCE) BOND .......................................
.......... 92
SAMPLE INSURANCE CERTIFICATESSAMPLE INSURANCE CERTIFICATESSAMPLE INSURANCE CERTIFICATESSAMPLE INSURANCE CERTIFICATESSAMPLE INSURANCE CERTIFICATES......................................................
.....................................................
28
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR 2019 STREET RECONSTRUCTION PROJECT
SPECIFICATION NO. 19-09
NOTICE IS HEREBY GIVEN that sealed standard proposals for 2019 STREET RECONSTRUCTION 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 July XX, 2019 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 2019 STREET RECONSTRUCTION PROJECT. Bids
are required for the entire work described herein. No fax bids will be accepted.
ENGINEER'S ESTIMATE OF QUANTITIES
ITEM
DESCRIPTIONQUANTITYUNIT
NO.
1 TRAFFIC CONTROL 1 LSLS
2 MOBILIZATION / DEMOBILIZATION 11 LS
3 ROADWAY EXCAVATION 5,5255,5255,525 CY
4 SUBGRADE STABILIZATION 250 SY
5 SOIL STABILIZATION FABRIC 11,051 SY
6 AGGREGATE BASE 3,684 CY
7 ASPHALT CONCRETE FIBER REINFORCEDASPHALT CONCRETE FIBER REINFORCED 3,813 TN
8 EDGE GRINDING 8 CY
9 ADJUST MANHOLE TO GRADEADJUST MANHOLE TO GRADE 10 EA
10 ADJUST VALVE BOX TO GRADEADJUST VALVE BOX TO GRADE 26 EA
11 PCC CURB AND GUTTERPCC CURB AND GUTTER 230 LF
12 PCC CURB RAMPPCC CURB RAMPPCC CURB RAMP 1,665 SF
1313 PCC SIDEWALKPCC SIDEWALK 84 SF
PCC CURB AT SIDES AND BACK OF CURB PCC CURB AT SIDES AND BACK OF CURB
1414 43 LF
RAMPS
15 PCC DRIVEWAY APRON 312 SF
16 REINSTALL / RELOCATE SIGN POSTS 3 EA
17 TRAFFIC STRIPES AND PAVEMENT MARKINGS 1 LS
18 PUBLIC NOTIFICATION 1 LS
19 CONSTRUCTION SURVEYING & STAKING 1 LS
29
www.cityofukiah.com/purchasing. Contact Mary Horger, Procurement Manager, City of Ukiah, 300 Seminary
Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the
City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required
by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at
(707) 463-6233 or at fax phone (707) 313-3621.
The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the
lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City
Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the
bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the
bidder with a competitive advantage over other bidders.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the less registered with the less registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5 except as allowed undunder Labor er Labor er Labor
Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by . The prime contractor shall be responsible for posting job site notices
as prescribed by . 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 DIR.
Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, Pursuant to provisions of Section 1770, including amendments thereof,
of the Labor Code of the State of California, 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, g rate of wages for straight time, overtime, Saturdays, g rate of wages
for straight time, overtime, Saturdays,
Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes Sundays and Holidays including employer payment for health and welfare,
vacation, pension and similar purposes Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes
for the City of Ukiah. Copies of the General Prevailing Wage Determination are available for the City of Ukiah. Copies of the General Prevailing Wage Determination are available for
the City of Ukiah. Copies of the General Prevailing Wage Determination are available on the Internet at web on the Internet at web 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 The prime contractor for the work herein shall possess a current, valid
The prime contractor for the work herein shall possess a current, valid
State of California, Class A (General Engineering) Contractor's License. Pursuant to California Public Contract State of California, Class A (General Engineering) Contractor's License.
Pursuant to California Public Contract State of California, Class A (General Engineering) 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 300, this contract includes provisions that allow substitutions
of certain types of securities in lieu of the 300, 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.City withholding a portion of the partial payments due the Contractor
to insure performance under this contract.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.y of Ukiah, County of Mendocino, State of California.y of Ukiah, County of Mendocino, State of California.
Dated:________________________ ________________________________________________________________________________________________________________________
Kristine Lawler, City Clerk, City of Ukiah, CaliforniaKristine Lawler, City Clerk, City of Ukiah, CaliforniaKristine Lawler, City Clerk, City of Ukiah, California
PUBLISH TWO TIMES:
2:
INSTRUCTIONS TO BIDDERS
2019 STREET RECONSTRUCTION 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 ity 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 be discriminated against on the grounds of race, color or national origin
in consideration for an award of any 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 ant to this advertisement. Women will be afforded equal opportunity in
all areas of ant to this advertisement. Women will be afforded equal opportunity in all areas of
employment. However, the employment of women shall not diminish the standards of requirements for the employment. However, the employment of women shall not diminish the standards of
requirements for the employment. However, the employment of women shall not diminish the standards of requirements for the
employment of minorities.
All proposals or bids shall be accompanied by a cashiers check or certified check payable to the order of the City of s check or certified check payable to the order of the City of 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 signed by the bidder and a corporate 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 bond shall become payable to said City in case 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 conthe bidder depositing the same does not, within fifteen (15) days after written notice
that the conthe 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 insura(a) enter into a contract with the City and (b) furnish certificates of insura(a) enter
into a contract with the City and (b) furnish certificates of insurance and endorsements, a nce and endorsements, a nce and endorsements, a
bond of faithful performance and a payment bond as described in the Special Provisions.bond of faithful performance and a payment bond as described in the Special Provisions.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 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 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 Contractor and any subcontractors shall each possess a valid City of
Ukiah Business License prior to the start 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 The Contractor shall furnish a project schedule to the Engineer prior
to the start of any work and start work as 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 20 (twenty) working) working) working days. Thedays. Thedays. The Contractor will pay to the City the sum of five
hundred ($500.00) dollars per day for each and every calendar dayhundred ($500.00) dollars per day for each and every calendar dayhundred ($500.00) dollars per day for each and every
calendar days delay beyond the time prescribed.
The staff shall notify a bidder by telephone, The staff shall notify a bidder by telephone, The staff shall notify a bidder by telephone,
bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid openingAny bid protest must be filed with the City Clerk not more than five
calendar days following the bid openingAny 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 rejor 2 calendar days following notice that staff is recommending the rejor 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 protest is filed, all bidders shall be provided a copy of the protest
within 2 calendar days of its receipt, which 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 may be delivered to the bidders as an email attachment or by fax. All such bidders may
file with 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. Manager a written objection or other response to the protest. 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 All objections or responses filed not more than 5 days after receipt
of the written protest will be presented to the 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 1City Council at its next regular meeting occurring not less than 1City 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 Council will resolve the bid protest at that meeting based on the
written protest, any staff recommendation and all 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 matimely written objections and responses. In accordance with the Brown Act, any person matimely
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 Council on this item during the meeting. The City Council action on
the protest shall represent a final decision by 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.the City on the protest.the City on the protest.
Examination of Site, Drawings, Etc.
Each bidder shall visit the site of the proposed work andEach bidder shall visit the site of the proposed work andEach 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 and labor required so that he or she may fully understand the facilities,
difficulties and restrictions attending the 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 andexecution of the work under the Contract. Bidders shall thoroughly examine andexecution 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 Special Provisions. The failure of any bidder to receive or examine any form,
instrument, addendum, or other 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 biddocument, or to visit the site and acquaint himself with conditions
there existing, shall in no way relieve the bidder
from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions
as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the
conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions
are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss
sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the
conditions actually revealed during the progress of the work or otherwise.
31
2019 STREET RECONSTRUCTION PROJECT 1 Spec. No. 19-09
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
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 shall investigate to his or her satisfaction the conditions to be
encountered, the character, quality and 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 quantities of work to be performed and materials to be furnished and the requirements
of the Plans, Special 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 ard Plans, and Contract Documents. The submission of a proposal shall
ard 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 be considered conclusive evidence that the bidder has made such examination and
has accepted the project 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:Inquiries and questions must be submitted in writing via fax or email
to the following designated contact person: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.comukiah.comukiah.com
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid The City reserves the right to not respond to inquiries or questions
submitted within 3 business days of the bid The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid
opening.
Location of the WorkLocation of the WorkLocation of the Work
All of the work to be performed is within the City of Ukiah.All of the work to be performed is within the City of Ukiah.All of the work to be performed is within the City of Ukiah.
Project is Project is Project is located at the following location:
1.
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2019 STREET RECONSTRUCTION PROJECT 2 Spec. No. 19-09
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 shall mean the City of Ukiah, Mendocino County, California, acting 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 cials to which or to whom the power cials 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.belonging to the Council shall by virtue of any act or acts, hereafter pass or be
held to appertain.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 shall mean the Engineer duly and officially appointed by the City to supervise and
direct 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 nstruction under this contract, acting personally or through agents or assistants
duly nstruction 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 authorized by him, such agents or assistants acting within the scope of the particular duties
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 inspector or inspectors duly authorized or inspector or inspectors duly authorized or
appointed by the Engineer, limited to the particular duties entrusted to him or her or them.appointed by the Engineer, limited to the particular duties entrusted to him or her or them.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 shall mean the party entering into contract with the City of Ukiah for the performance
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.by this contract and his or her authorized agents or legal representatives.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 or words equivalent thereto, shall mean the date upon which this or words equivalent thereto,
shall mean the date upon which this
contract, with the signature of the Contractor affixed, together with the prescricontract, with the signature of the Contractor affixed, together with the prescricontract, 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.or shall have been delivered to the City or its duly authorized representatives.or shall have been delivered
to the City or its duly authorized representatives.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 , unless herein otherwise expressly defined, shall mean a calendar day or days of , 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 include all the work specified, indicated, shown or contemplated in the include all
the work specified, indicated, shown or contemplated in the
contract to construct the improvement, including all alterations, amendments or extensions thereto contract to construct the improvement, including all alterations, amendments or extensions
thereto contract to construct the improvement, including all alterations, amendments or extensions thereto
made by contract change order or other written orders of the Engineer.made by contract change order or other written orders of the Engineer.made by contract change order or other written
orders of the Engineer.
h. Contract drawings, drawingsdrawingsdrawings, , plansplansplans 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 have been prepared by or on behalf of the City, as a basis for proposals, when duly signed
and 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 drawimade a part of this contract by incorporation or reference, 2) all drawimade 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 of the terms of this contract by the successful bidder with his or her proposal
and by the Contractor 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 to the City if and when approved by the Engineer and 3) all drawings submitted by the
Engineer to to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to to the City if and when approved by the Engineer and 3) all drawings submitted
by the Engineer to
the Contractor during the prothe Contractor during the prothe Contractor during the prothe Contractor during the prothe Contractor during the progress of the work as provided for herein.
i. Where Where Where as shownas shownas 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 understood that reference to the drawings accompanying these Special Provisions is made
unless understood that reference to the drawings accompanying these Special Provisions is made unless
stated otherwise. stated otherwise. stated otherwise.
Where Where 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 understood that the direction, requirements, permission, approval or acceptance of
the Engineer is 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.
111---02. Examination of Plans, Special Provisions and Site of Work.02. Examination of Plans, Special Provisions and Site of Work.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 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
33
address. If the bid is made by an individual or partner, his or her name and the post office address of his or her
2019 STREET RECONSTRUCTION PROJECT 3 Spec. No. 19-09
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 Any bid may be withdrawn at any time prior to the hour fixed in
the notice to bidders for 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 equest in writing, executed by the bidder or his or her duly authorized
equest 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 representative, for the withdrawal of such bid is filed with
the City. The withdrawal of a bid will not prejudice the right 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 Bids will be opened and read publicly at the time and place indicated
in the notice 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, cashierEach bid must be accompanied by a certified check, cashierEach bid must be accompanied by a certified
check, cashiers check or bidders check or bidders check or bidders bond
executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10executed by an admitted surety insurer, payable to the order of the City
of Ukiah in an amount not less than 10executed 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.of the bid as a guarantee that the bidder will enter into a contract, if awarded the
work.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 actor or subcontractor may be listed on a bid proposal for a public
works actor 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 project (submitted on or after March 1, 2015) unless registered with
the Department of Industrial Relations pursuant project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant
to Labor Code section 1725.5 \[with limited exceptions from this requirement for bid purposes only under Labor equirement for bid purposes only under Labor equirement for bid purposes
only under Labor
Code section 1771.1(a)\]. No contractor or subcontractor may be awarded a contract for public work on a public Code section 1771.1(a)\]. No contractor or subcontractor may be awarded
a contract for public work on a public 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 Industria) unless registered with the Department of Industria) unless registered with the Department
of Industria) 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 The prime contractor shall be responsible for posting job site notices
as The prime contractor shall be responsible for posting job site notices as The prime contractor shall be responsible for posting job site notices as 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 This project is subject to compliance monitoring and enforcement by the
Department of 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 Each bidder shall be licensed under the provisions of Chapter 9, Division
3 of the Business and Professions Code 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 and shall be skilled and regularly engaged in the general class or type
of work called for under this contract. A 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 this experience and business standing shall be submitted by each bidder on
the form 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 provided herewith. It is the intention of the City to award a contract
only to a bidder who furnishes satisfactory 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 evidence that he or she has the requisite experience and 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 and equipment to enable him or her to prosecute the work successfully and
promptly within the time and in the 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 biddIn determining the degree of responsibility to be credited to a biddIn determining the degree of responsibility to
be credited to a biddIn 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 his or her personnel charged with the responsibility in the work,
has performed satisfactorily other contracts of like his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like his or her
personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like 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.nature and magnitude or comparable difficulty at similar rates of progress.nature and magnitude or comparable
difficulty at similar rates of progress.
1-08. Disqualification of Bidders.squalification of Bidders.squalification 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 association, under the same or different names, will not be considered.
Reasonable grounds for believing that any association, under the same or different names, will not be considered. Reasonable grounds for believing that any
bidder is financially interested in morbidder is financially interested in morbidder 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 she is so interested. If there is reason to believe that collusion
exists among the bidders, none of the participants in she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in 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 prsuch collusion will be considered. Bids in which the prsuch collusion will be considered. Bids in which the prsuch collusion will
be considered. Bids in which the prsuch collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors.09. Identification of Subcontractors.09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair
Practices Act (Practices Act (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 contractors 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.
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2019 STREET RECONSTRUCTION PROJECT 4 Spec. No. 19-09
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 Award of the contract, if it be awarded, will be to the lowest responsible
bidder whose 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 made within thirty (30) days after 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 opening of the bids. The City reserves the right to reject any and all
bids and to waive any irregularity in the 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, til the contract has been fully executed, til the contract has been
fully executed,
after which they will be returned upon request to the respective bidders whose bids they accompany.to the respective bidders whose bids they accompany.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 andThe contract agreement shall be executed in duplicate by the successful
bidder andThe 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 returned, together with the contract bonds, insurance certificates
and endorsements, within fifteen (15) days after 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 written notice of the award of the contract. After execution by
the City; one copy shall be filed with the City and one 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 ned to the Contractor. If the bidder fails or refuses to enter
into the contract agreement within the ned 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.required time, then the bid guaranty accompanying the bid shall be forfeited to the City.required
time, then the bid guaranty accompanying the bid shall be forfeited to the City.
SECTION 3. SCOPE AND INTENT OF CONTRACTSECTION 3. SCOPE AND INTENT OF CONTRACTSECTION 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, Neither the inspection by the Engineer or an inspector, nor any order,
Neither the inspection by the Engineer or an inspector, nor any order, 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 measurement or approved modification, nor certificate or payment of money,
nor acceptance of any part or whole measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole measurement or approved modification,
nor certificate or payment of money, nor acceptance of any part or whole 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 ssession by the City or its agents, shall operate as a waiver of
any ssession 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 provision of this contract or of any power reserved therein to the
City, or of any right to damages thereunder; nor 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 subsequshall any breach of this contract be held to be a waiver of any subsequshall 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 The granting of any extension of time on account of delays which, in the
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 thejudgement of the City, are avoidable delays shall in no way operate as a waiver on thejudgement
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 If extra work orders are given in accordance with provisions of
this contract, such work shall be 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 requiconsidered a part hereof and shall be subject to each and all of its terms and requiconsidered a part
hereof and shall be subject to each and all of its terms and requirements.
3-04. Assignment of Contract.04. Assignment of Contract.04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written The contract
may be assigned or sublet in whole or in part only upon the written 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 consent of the City acting through its authorized agents. Consent will
not be given to any proposed assignment consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment
which would relieve thwhich would relieve thwhich would relieve the original contractor or its surety of their responsibilities under the contract nor will the e original contractor
or its surety of their responsibilities under the contract nor will the e 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.Engineer consent to any assignment of a part of the work under the contract.Engineer consent to any assignment
of a part of the work under the contract.
3-05. Subcontractors.05. Subcontractors.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 subcontractors and of persons either directly or indirectly employed by
them, as he or she is for the acts and subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and subcontractors and of persons either
directly or indirectly employed by them, as he or she is for the acts and 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.omissions of persons directly employed by him.omissions of persons directly employed by him.omissions of persons directly employed by him.omissions
of persons directly employed by him.
The Contractor shall cause appropriate provisions to be inserted in allThe Contractor shall cause appropriate provisions to be inserted in allThe 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.subcontractors to the terms of this Contract which are applicable to the work of subcontractors.subcont
ractors 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 Nothing contained in this contract shall be construed to create or shall
be relied upon to create any contractual Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual
rrrelationship between any subcontractor and the City and no action may be brought by any subcontractor against the elationship between any subcontractor and the City and no action may
be brought by any subcontractor against the elationship between any subcontractor and the City and no action may be brought by any subcontractor against the
City based on this contract.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
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2019 STREET RECONSTRUCTION PROJECT 5 Spec. No. 19-09
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 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 07 of these Special 07 of these Special
Provisions. Contracto attention is directed to Section 12-06 of the Technical Specifications regarding the of the Technical Specifications regarding the 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, No city official, nor the Engineer, nor any authorized assistant
of any of them, 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 thisClaims of $375,000 or less by the Contractor that arise under thisClaims of $375,000 or
less by the Contractor that arise under this Contract are subject Contract are subject Contract are subject
to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104in Public Contract Code Sections 20104in Public Contract Code Sections 20104--20104.6.20104.6.20104.6.
SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond As a part of the execution of this contract, the Contractor shall
furnish a 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 a surety company or other securities providing equivalent protection
such as cash, letter of credit, or certificates 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 of deposit, acceptable to the City, conditioned upon the faithful
performance of all covenants and stipulations under 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 this contract. The amount of the bond shall be 100 percent of
the total contract price, as this sum is set forth in the this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the 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 As a part of the execution of this contract, the Contractor shall furnish
a bond of 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 a surety company or other securities providing equivalent protection
such as cash, letter of credit or certificates 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 City in a sum not less than 50 percent of the total contract
price, as this sum is set forth in 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 the agreement for the payment in full of all persons, companies or corporations
who perform labor upon or furnish 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 comaterials to be used in the work under this comaterials to be used in the work under this contract, in accordance with the provisions of
Sections 3247 through ntract, in accordance with the provisions of Sections 3247 through ntract, 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.3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.3252
inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond.03. Defective Material and Workmanship Bond.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 the Contractor shall furnish a bond of a surety company acceptable
to the City in an amount not less than 5 percent 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 (5%) of the final contract price, to hold good for a period of
one (1) year after the completion and acceptance of the (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. to protect the City against the results of defective materials, workmanship
and equipment during that time. to protect the City against the results of defective materials, workmanship and equipment during that time. 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.This bond shall be delivered to the City before the final payment under this contract
will be made.This bond shall be delivered to the City before the final payment under this contract will be made.This bond shall be delivered to the City before the final payment under
this contract will be made.This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies.04. Notification of Surety Companies.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 conditions and provisions of this contract and they waive the right of special
notification of any change or 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,modification of this contract or of extension of time, or decreased or increased work,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 contract, or of any other act or acts by the City or its authorized
agents, under the terms of this contract; and failure 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 to so notify the aforesaid surety companies of changes shall in no way relieve
the surety companies of to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of to so notify the aforesaid surety companies of changes
shall in no way relieve the surety companies of to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their
obligation under this contract.obligation under this contract.obligation under this contract.obligation under this contract.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 Contractor shall procure and maintain for the duration of the contract
insurance against claims for injuries to Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to
persons or damages to propepersons or damages to propepersons 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.by the Contractor, his or her agents, representatives, employees or subcontractors.
5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).
36
2019 STREET RECONSTRUCTION PROJECT 6 Spec. No. 19-09
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers Compensation insurance as required by the State of California and Employers Liability
Insurance.
4.
5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:
1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage jury, personal injury and property damage jury, personal injury and property damage
including operations, products and completed operations. If Commercial General Liability Insurance or If Commercial General Liability Insurance or If Commercial General Liability Insurance
or
other form with a general aggregate limit is used, either the general aggregate limit shall apply separately other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately 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.this project/location or the general aggregate limit shall be twice the required
occurrence limit.this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.,000,000 per accident for bodily injury and property damage.,000,000 per accident for bodily injury
and property damage.
3. Employers Liability: $1,000,000 per accident for bodily injury and property damage.and property damage.and property damage.
4. Course of Construction: Completed value of the project with no co: Completed value of the project with no co--insurance penalty provisions.insurance penalty provisions.insurance
penalty provisions.
5-03. Deductibles and Self-insured Retentions. Any deductibles or selfAny deductibles or selfAny deductibles or self--insured retentions must be declared to insured retentions must
be declared to 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 ity. At the option of the City, either: the insurer shall reduce
or eliminate such deductibles or ity. 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 insured retentions as respects the City, its officers, officials,
employees and volunteers; or the Contractor shall 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, ctory to the City guaranteeing payment of losses and related investigations,
ctory to the City guaranteeing payment of losses and related investigations, ctory 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, tpolicies are to contain, or be endorsed to contain, tpolicies 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 The City, its officers, officials, employees and volunteers are to be covered
as Additional Insured with 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 respect to liability arising out of automobiles owned, leased, hired or borrowed
by or on behalf of the 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 th respect to liability arising out of work or operations performed by or
on behalf of the th 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. Contractor including materials, parts or equipment furnished in connection with
such work or operations. Contractor including materials, parts or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of anGeneral liability coverage can be provided in the form of anGeneral liability coverage can be provided in the form of an endorsement
to the Contractors insurance, or
as a separate owneras a separate owners policy.s policy.s policy.
2.
company, in its endorsement, agrees to waive all rights of subrogation against company, in its endorsement, agrees to waive all rights of subrogation against 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 employees and volunteers for losses paid under the terms of this policy which arises
from the work 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.performed by the named insured for the City.performed by the named insured for the City.
3. For any claims related to this project, the ContractorFor any claims related to this project, the ContractorFor any claims related to this project, the ContractorFor any claims related
to this project, the Contractors insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees or volunteers. Any insurance or selfrespects the City, its officers, officials, employees or volunteers. Any insurance or selfrespects
the City, its officers, officials, employees or volunteers. Any insurance or selfrespects the City, its officers, officials, employees or volunteers. Any insurance or selfrespects 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 Contractormaintained by the City, its officers, officials, employees or volunteers shall
be excess of the Contractormaintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractors
insurance andinsurance andinsurance and shall not contribute with it.
4.4.4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in
any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of
Section 2782 of Civil Code.
6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
37
b.) The insurer shall waive all rights of subrogation against the City.
2019 STREET RECONSTRUCTION PROJECT 7 Spec. No. 19-09
5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Bests 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 Contractor shall furnish the City with original certificates and amendatory
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 ements effecting coverage required by this clause. The endorsements shall
be on forms provided by the City ements effecting coverage required by this clause. The endorsements shall be on forms provided by the City
or on other than the Citys forms, provided those endorsements or policies conform to the requirements. All s forms, provided those endorsements or policies conform to the requirements.
All 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 eceived within 15 days from written notice of contract award, and
the work eceived 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 shall not commence until the certificates and endorsements have been
approved by the City. The City reserves the 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 policies, including endorsements affecting the 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 Contractor shall include all subcontractors as insureds under its
policies or shall furnish 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 ements for each subcontractor. All coverages for subcontractors shall
be subject to ements for each subcontractor. All coverages for subcontractors shall be subject to
all of the requirements stated herein.
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTORSECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTORSECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal Both the address given in the proposal Both the address given in the proposal and the Contractorand the Contractorand
the Contractors office in the
vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other vicinity of the work are hereby designated as places to either of
which drawings, samples, notices, letters or other 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 thesearticles or communications to the Contractor may be mailed or delivered. The delivery
at either of thesearticles or communications to the Contractor may be mailed or delivered. The delivery at either of thesearticles 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 any such thing from the City or its agents to the Contractor shall be
deemed sufficient service thereof upon the any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the any such thing from the City
or its agents to the Contractor shall be deemed sufficient service thereof upon the 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 Contractor and the date of such service shall be the date of such delivery.
The address named in the proposal may 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 time by notice in writing from the Contractor to the City. Nothing herein
contained shall be 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 deemed to preclude or render inoperative the service of any drawing, sample,
notice, letter or other article or 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.communication to or upon the Contractor personally.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 During the performance of this contract, the Contractor shall maintain
a 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 suitable office at the site of the work which shall be the headquarters
of a representative authorized to receive 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 Contractoriven to the said representatives or delivered at the Contractoriven to the said representatives
or delivered at the Contractors office at the site of
work in his or her absence shall be deemed to have been given to the Contractor. work in his or her absence shall be deemed to have been given to the Contractor. 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 toThe Contractor shall give his or her personal attention toThe 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 the end that it shall be prosecuted faithfully and when he or she is
not personally present on the work, he or she the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she 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 shall at all reasonable times be represented by a competent superintendent
or foreman who shall receive and shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and shall at all reasonable times be represented
by a competent superintendent or foreman who shall receive and 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 all instructions or orders given under this contract and who shall have
full authority to execute the same and to 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 supply materials, tools and labor without delay and who shall be the
legal representative of the Contractor. The supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The
Contractor shall be liabContractor shall be liabContractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her le for the faithful
observance of any instructions delivered to him or her or to his or her le for the faithful observance of any instructions delivered to him or her or to his or her
authorized representative.authorized representative.authorized representative.
6-04. Liability of Contractor.04. Liability of Contractor.04. Liability of Contractor.04. Liability of Contractor.04. Liability of Contractor. The Contractor shall do all of the
work and furnish all labor, materials, tools and
appliances, except appliances, except appliances, except appliances, except appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing
the 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 work herein required in the manner and within the time herein specified.
The mention of any specific duty or liability 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 imposed upon the Contractor shall not be 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 imposed upon the Contractor by this contract, said reference to any specific
duty or liability being made herein imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein
merely for the purpose of explanation.merely for the purpose of explanation.merely for the purpose of explanation.
The right of general supervisThe right of general supervisThe 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 ContractorContractor for all damages to persons or to public or private property, arising from
the Contractors execution of the
work, shall not be lessened because of such general supervision.
Until the completion and final acceptance by the City of all the work under and implied by this contract, the work
shall be under the Contractors 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
38
2019 STREET RECONSTRUCTION PROJECT 8 Spec. No. 19-09
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 r 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 of tangible property, other than the work itself, including the loss
of use resulting therefrom and (2) is caused in 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 indirectlwhole or in part by any act or omission of the Contractor, any subcontractor,
or anyone directly or indirectlwhole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly y y
employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is employed by any of them, or anyone for whose acts any of them may be liable,
regardless of whether or not it is 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.caused in part by a party indemnified hereunder, or by the negligence
or omission of a party indemnified herein.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 t the City or any of its agents or employees by any employee of the Contractor,
any t 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 subcontractor, anyone directly or indirectly employed by any of them,
or anyone for whose acts any of them may be 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 d in any way by any limitation on the amount or type of d 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 workersdamages, compensation or benefits payable by or for the Contractor or any subcontractor
under workersdamages, compensation or benefits payable by or for the Contractor or any subcontractor under workers or
workmens compensation acts, disability benefit acts, or other employee benefit acts. The oblis compensation acts, disability benefit acts, or other employee benefit acts. The oblis compensation
acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify gation to indemnify
shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause shall extend to and include acts of the indemnified party which may be negligent
or omissions which may cause 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 theThe City shall have the right to estimate the amount of such damage and
to cause the City to pay the same and theThe 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 amount so paid for such damage shall be deducted from the money due the
Contractor under this contract; or 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 whole or so much of the money due or to become due the Contractor under this
contract as may be considered 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 ned by the City until such suits or claims for damages shall have
been settled or ned by the City until such suits or claims for damages shall have been settled or ned 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.otherwise disposed of and satisfactory evidence to that effect furnished to the City.otherwise disposed
of and satisfactory evidence to that effect furnished to the City.otherwise disposed of and satisfactory evidence to that effect furnished to the City.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,The Contractor shall furnish such watchman,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 warning signs, walks and lights as shall be necessary and shall take all
other necessary precautions to prevent 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 protecAll property line fences and improvements in the vicinity of the work shall be protecAll 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, are injured or destroyed, they and any other property injured by the
Contractor, his or her employees or agents, 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.shall be restored to a condition as good as when he or she entered upon the work.shall be restored to
a condition as good as when he or she entered upon the work.
6-06. Protection of CityAgainst Patent Claims.Against Patent Claims.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 method that may be used upon or in any manner connected with the work under
this contract shall be included in 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 hthe price bid for the work and the Contractor and hthe price bid for the work and the Contractor and hthe 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 of its officers, agents, servants and employees, harmless against any and
all demands made for such fees or of its officers, agents, servants and employees, harmless against any and all demands made for such fees or of its officers, agents, servants and employees,
harmless against any and all demands made for such fees or 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 rclaims brought or made on account of this contract. The Contractor shall, if rclaims 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.acceptable proof of a proper release from all such fees or classes.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 Should the Contractor, his or her agents, servants or employees, or any
of them be enjoined from furnishing or 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 using any invention, article, material 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, the Contractor shall promptly substitute other articles, materials
or appliance, in lieu thereof, of equal efficiency, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency,
quality, finish, suitability and market value and satisfactoryquality, finish, suitability and market value and satisfactoryquality, finish, suitability and market value and satisfactoryquality,
finish, suitability and market value and satisfactoryquality, 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, Engineer elects, in lieu of such substitution, to have supplied and
to retain and use, any such invention, article, 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 thmaterial or appliance, as may by this contract be required to be supplied, in thmaterial 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, royalties and secure such valid licenses as may be requisite and necessary
for the City, its officers, agents, 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 beinservants and employees, or any of them, to use such invention, article, material
or appliance without beinservants 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 disturbed or in any way interfered with by any proceeding in law
or equity on account thereof. Should the Contractor 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 neglect or refuse to make the substitution promptly, or to pay such royalties
and secure such licenses as may be neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be
necessary, then in that necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such
royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the
City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this
contract may have been made.
6-07. Protection of Contractors 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
39
whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its
2019 STREET RECONSTRUCTION PROJECT 9 Spec. No. 19-09
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 rk. The contractor and any subcontractors shall each secure and maintain a valid
City of Ukiah Business rk. 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 License. The City of Ukiah will issue a no fee encroachment permit
to the Contractor allowing him or her to perform 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 hin City property after the Contract Documents have been executed and hin 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 herThe Contractor shall be responsible for providing for and in behalf of
his or herThe 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, under this contract, all necessary utilities, such as special connection
to water supply, telephones, power lines, 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 Contractors Plans. The approval by the Engineer of any draThe approval by the Engineer of any draThe approval by the Engineer of any drawing or any method of work
wing or any method of work wing 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 06 shall not relieve the Contractor of any of his or her 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 tresponsibility for his or her errors therein and shall not be regarded
as any assumption of risk or liability by tresponsibility 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 or any officer or employee thereof and the Contractor shall have no claim
under this contract on account of the 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 failure or partial failure or inefficiency of any plan or method so
approved. Such approval shall be considered to 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 Contractors using, upon his or her own full responsibility the s using, upon his or her own full responsibility the 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, Any plan or method of work suggested by the Engineer to the Contractor,
Any plan or method of work suggested by the Engineer 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 equired, if adopted or followed by the Contractor in whole or in
part, shall be used at the risk equired, if adopted or followed by the Contractor in whole or in part, shall be used at the risk equired, if adopted or followed by the Contractor in
whole or in part, shall be used at the risk equired, 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.and responsibility of the Contractor; and the Engineer and the City shall assume
no responsibility thereof.and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts.12. Termination of Unsatisfactory Subcontracts.12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail
to perform in a satisfactory Should any subcontractor fail to perform in a satisfactory 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 manner the work undertaken by him, such subcontract shall be terminated immediately
by the Contractor upon 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. 13. Preservation of Stakes and Marks. 13. Preservation of Stakes and Marks. The Contractor shalThe Contractor shalThe 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 stakes and in case of destruction he or she shall replace his or
her stakes, reference points and bench marks 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 dand shall be responsible for any mistakes that may be caused by their unnecessary loss or dand
shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
-03 of these Special Provisions.03 of these Special Provisions.
6-14. Assistance to Engineer.14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her At the request of the Engineer the Contractor
shall provide men from his or her At the request of the Engineer the Contractor shall provide men from his or her
force and tools, stakes and other materials to assiforce and tools, stakes and other materials to assiforce and tools, stakes and other materials to assiforce and tools, stakes and other
materials to assiforce 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 surveys and in establishing temporary or permanent reference marks. Payment
for such materials and assistance surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance
will be made as provided for under the caption will be made as provided for under the caption 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 Contractormarks carelessly lost or destroyed by the Contractormarks carelessly lost or destroyed by the Contractors employees will be assessed
to the Contractor.
6-15. Removal of Condemned Materials and Structures.15. Removal of Condemned Materials and Structures.15. Removal of Condemned Materials and Structures. The Contractor shall remove
from the site of the work,
without delay, all without delay, all without delay, all without delay, all without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in
the work rejected and condemned materials or structures of any kind brought to or incorporated in the work 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 fortyand upon his or her failure to do so, or to make satisfactory progress in so doing, within
fortyand upon his or her failure to do so, or to make satisfactory progress in so doing, within fortyand upon his or her failure to do so, or to make satisfactory progress in so doing,
within fortyand 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 tthe service of a written notice from tthe 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 the cost of such removal shall be taken out of the money that may be due
or may become due the Contractor on 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 account of or by virtue of this contract. No such rejected or condemned 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.the Contractor under this Contract.the Contractor under this Contract.
666--16. Proof of Compliance with Contract.16. Proof of Compliance with Contract.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 enfocomplied with the requirements of this contract, not readily enforceable through inspection and tests of the work
and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated
documents or other satisfactory proofs as to his or her compliance with such requirements.
6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or
in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and
the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer
3:
2019 STREET RECONSTRUCTION PROJECT 10 Spec. No. 19-09
shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractors
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 s, or between the contractor s, 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 and workmen of the City in regard to their work shall be adjusted
and determined by the Engineer. If the work of the 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 Contractor is delayed because of any acts or omissions of any other contractor
or of the City, the Contractor Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall shall 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 Under the following conditions the Contractor shall have the right,
if he 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 the contract upon ten (10) days written notice to the Engineer and
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 recover from the City payment for all work actually performed and
for all satisfactory materials actually delivered to 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.be shown by the estimate of the Engineer.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 stopped under an order of any court or other competent public authority for a
period 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.of time of three (3) months through no act or fault of the Contractor or of anyone
employed by him.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 he Engineer fails to issue the monthly certificate for payment in accordance with
the terms of he 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 If the City fails to pay the Contractor within sixty (60) days after it shall have
become due, as If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as If the City fails to pay the Contractor within sixty (60) days after
it shall have become due, as 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, anyprovided by the terms of this contract, any sum certified by the Engineer or awarded by the City.sum certified by the Engineer or awarded by
the City.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 All provided that if such action to terminate the contract be
not instituted by the Contractor within ten (10) days after 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 bthe alleged existence of such condition and if written notice of such action bthe 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.and the Engineer, then such right shall lapse until another occasion arises according
to this section.and the Engineer, then such right shall lapse until another occasion arises according to this section.
6-20. Hiring and Dismissal of Employees.20. Hiring and Dismissal of Employees.20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and
The Contractor shall employ only such foremen, mechanics and 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 s as are competent and skilled in their respective lines of work and
whenever the Engineer shall notify the s 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, Contractor that any person on the work is, in his or her opinion,
incompetent, unfaithful, intemperate or disorderly, 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 ovisions of this contract, or uses threatening or abusive language
to any person on the ovisions of this contract, or uses threatening or abusive language to any person on the
work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work representing the City, or is otherwise unsatisfactory, such person
shall be discharged immediately from the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the
work and shall not be re-employed upon it except with temployed upon it except with temployed upon it except with temployed upon it except with the consent of the Engineer.
6-21. WageRates.
1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work Contractor shall pay all mechanics and laborers employed or working upon the site of
the work 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 unconditionally and without subsequent deductions or rebate on any account the
full amounts due at the unconditionally and without subsequent deductions or rebate on any account the full amounts due at the
time of time of time of payment at wage rates not less than those contained in the applicable prevailing wage payment at wage rates not less than those contained in the applicable prevailing
wage 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 determination, regardless of any contractual relationship which may be alleged to
exist between the determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor and subcontractors and such laborers and mechanics.Contractor and subcontractors and such laborers and mechanics.Contractor and subcontractors and such laborers and mechanics.Contractor
and subcontractors and such laborers and mechanics.Contractor and subcontractors and such laborers and mechanics.
2. ConConContractor shall comply with the California Labor Code Section 1775. In accordance with said Section tractor shall comply with the California Labor Code Section 1775. In accordance
with said Section tractor 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 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 1775, Contractor shall forfeit as a penalty to the Owner,
$50.00 (or the higher minimum penalty as provided
in Section 1775(B)(ii) in Section 1775(B)(ii) 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 theprovisions of
the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty
and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the
amount paid to each workman for each calendar day or portion thereof for which each workman was paid
less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.
3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has
ascertained the general prevailing rate of wages (which rate includes employer payments for health and
41
welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work.
2019 STREET RECONSTRUCTION PROJECT 11 Spec. No. 19-09
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 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 the elements to be considered by the Contractor in determining his or her bid and will
not in any 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 The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE)
may at any time 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. require contractors and subcontractors to furnish electronic certified payroll
records directly to DLSE. 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 ll contractors and subcontractors must furnish ll 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 Contractor shall make travel and subsistence payments to each workman Contractor shall make travel and subsistence
payments to each workman needed to execute the work in needed to execute the work in needed to execute the work in
accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880,
Statutes of 1968).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 Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes
of 1968) and 1777.6 of 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 the California Labor Code concerning the employment of apprentices by the Contractor or any
the California Labor Code concerning the employment of apprentices by the Contractor or any 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 subcontractor under him. Contractor and any subcontractor under him or her shall comply
with the subcontractor under him. Contractor and any subcontractor under him or her shall comply with the subcontractor under him. Contractor and any subcontractor under him or her
shall comply with the subcontractor under him. Contractor and any subcontractor under him or her shall comply with the
requirements of said sections in the employment of apprentices.requirements of said sections in the employment of apprentices.requirements of said sections in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained formation relative to apprenticeship standards, wage schedules and other requirements
may be obtained formation 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, from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship,
San Francisco, from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of ApprenticeshCalifornia, or from the Division of ApprenticeshCalifornia, or from the Division of Apprenticeship Standards and its branch offices.ip
Standards and its branch offices.ip 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 The Contractor shall not allow the site of the work to become littered
with trash and waste 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.material, but shall maintain the same in a neat and orderly condition throughout
the construction period.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 Engineer shall have the right to determine what is or is not waste
material or rubbish and the place and manner of 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 On or before the completion of the work, the Contractor shall without charge 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 hambers or conduits and shall tear down and remove all temporary structures
built by him or her and shall hambers or conduits and shall tear down and remove all temporary structures built by him or her and shall hambers or conduits and shall tear down and remove
all temporary structures built by him or her and shall hambers 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 remove rubbish of all kind from any of the grounds which he or she has occupied
and leave them in first class 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.23. Guaranty.23. Guaranty. All work sAll work sAll work shall be hall be guaranteed for a period of one year from the date of acceptance by the City.
The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and The Contractor shall promptly make all needed repairs arising out of defective
materials, workmanship and 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 ifThe City is hereby authorized to make such repairs ifThe 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 Contractor or his or her agent, the Contractor shall neglect to make
or undertake with due diligence the aforesaid 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 opinirepairs, provided, however, that in case of an emergency where, in the opinirepairs, 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 serious loss or damage, repairs may be made without notice being sent
to the Contractor and the Contractor shall serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall
pay the costs thereof.pay the costs thereof.pay the costs thereof.
Pursuant to the provisions of Section 4Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective
Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be
effective for a period of one (1) year after the completion and acceptance of the work.
6-24. Public Notification.The contractor shall be responsible for all public notification regarding construction
work including detours, lane and street closures, hours of operations, and notification of effected commercial
businesses within 1000 feet of the construction. For any business impacted by construction, the contractor
42
shall provide adequate sized on-site signage indicating that businesses are open during construction. The
2019 STREET RECONSTRUCTION PROJECT 12 Spec. No. 19-09
contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency
vehicle agencies, public transit, that the project streets will
be affected by potential detours and street closures, with recommended alternate routes of travel. Through
street access will be restricted to businesses and residents only during construction closures. Location of
Street Closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming
to a dead end road closed for construction. All proposed detours, closures and traffic control methods shall be
submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a
minimum of one week prior to instituting traffic control, and lane or street closures. The tentative construction entative construction
schedule shall be included in the public noticing. The contractor shall submit all public notice language to the The contractor shall submit all public notice language to the The contractor
shall submit all public notice language to the
City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control City Engineer for approval prior to publication of notices. All road
closures, detour routes, and traffic control City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control
including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval ng temporary lane closure plans shall be submitted by the Contractor to
the City Engineer for approval ng temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval
prior to public noticing and use.
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be done in a workmanlike manner and 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 shall be performed to the reasonable satisfaction of the Engineer, who
shall have general supervision of all work 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 determiincluded hereunder. To prevent disputes and litigation, the Engineer (1) shall in all
cases determiincluded 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 quality, acceptability and fitness of the several kinds of work and
materials which are to be paid for under this 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 contract, (2) shall decide all questions relative to the true
construction, meaning and intent of the Special Provisions 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 awings, (3) shall decide all questions which may arise relative to the
classifications and measurements of awings, (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 quantities and materials and the fulfillment of this contract and
(4) shall have the power to reject or condemn all 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. onform to the terms of this contract. onform to the terms of this contract. HHHis or her estimate and decision
in all is or her estimate and decision in all is 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, matters shall be a condition precedent to an appeal for arbitration,
or the right of the Contractor to receive, demand, 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 ent and a condition precedent to any liability on the ent and a condition
precedent to any liability on the ent 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 part of the City to the Contractor on account of this contract. Whenever
the Engineer shall be unable to act, in part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in part of the City to the Contractor
on account of this contract. Whenever the Engineer shall be unable to act, in 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 shaconsequence of absence or other cause, then such engineer as the Engineer or the City shaconsequence
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.perform any and all of the duties and be vested with any or all of the powers
herein given to the Engineer.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 City will provide engineering personnel for the inspection of the work.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 presentatives shall at all times have access to the work whenever
it is in preparation presentatives 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.or progress and the Contractor shall provide proper facilities for such access and inspection.or
progress and the Contractor shall provide proper facilities for such access and inspection.
If the Special Provisions, the EngineerIf the Special Provisions, the EngineerIf the Special Provisions, the Engineers instruction, laws, ordinances, s instruction, laws, ordinances,
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, specially tested or approved, the Contractor shall give the Engineer
timely notice of its readiness for inspection and, 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 if the inspection is by an authority other than the Engineer, of the date fixed for such 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 Engineer shall be promptly made at the source of supply where practicable.
If any work shall be covered up without Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without 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 approval or consent of the Engineer, it must, if required by the Engineer,
be uncovered for examination and approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and approval or consent of the Engineer, it
must, if required by the Engineer, be uncovered for examination and approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and
properly restored at the Contractoroperly restored at the Contractoroperly restored at the Contractors expense.
Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the examination of any work may be ordered by the Engineer and, if so ordered,
the work must be uncovered by the 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 Contractor. If such work is found to be in accordance with the contract documents, the
City shall 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 examination and replacement. If such work is not in accordance with the
contract documents, the Contractor shall examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall
pay such cost.pay such cost.pay such cost.
Properly authorized and accredited inspectors shall be considered to be the representatives of the City limiProperly authorized and accredited inspectors shall be considered to be the
representatives of the City limiProperly 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 the duties and powers entrusted to them. It will be their duty to
inspect materials and workmanship of those portions 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 of the work to which they are assigned, either individually or
collectively, under instructions of the Engineer and to of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to
report any areport any areport 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 to their notice. Any inspector may be considered to have the right to order
the work entrusted to his or her 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 supervision stopped, if in his or her opinion 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.determined and ordered that the work may proceed in due fulfillment of all contract requirements.deter
mined 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.
43
2019 STREET RECONSTRUCTION PROJECT 13 Spec. No. 19-09
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 e payments due or to become due the e 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 The Engineer shall have the right, in writing, to order additions
to, omissions from, or 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 de, form, dimensions, plan, or kind or amount of work or de, form,
dimensions, plan, or kind or amount of work or
materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, materials herein contemplated, or any part thereof, either before or
after the beginning of construction. However, 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 work under this contract shall not work under this contract shall
not
exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a er, unless based upon a er, 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 difications shall be in writing and signed by difications 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 the Engineer and, in order, shall then be binding upon the Contractor.
The Contractor shall proceed with the work 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 10as changed and the value of such change shall be determined as provided for in section 10as 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 Such alterations shall in no way affect, vitiate, or make void
this contract or any part thereof, except that which is 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.necessarily affected by such alterations and is clearly the evident intention
of the parties to this contract.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 The drawings made a part of this contract at the time of its execution
are The drawings made a part of this contract at the time of its execution are The drawings made a part of this contract at the time of its execution are 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 intended to be fairly comprehensive and to indicate in more or
less detail the scope of the work. In addition to these 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 Engineer shall furnish such additional drawings from time to time
during the progress of 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 work as are necessary to make clear or to define in greater detail the
intent of the Special Provisions and 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 hiscontract drawings and the Contractor shall make hiscontract drawings and the Contractor shall make his or her work conform to all such
drawings.or her work conform to all such drawings.or her work conform to all such drawings.
7-08. Additional and Emergency Protection.08. Additional and Emergency Protection.08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor
has not Whenever, in the opinion of the Engineer, the Contractor has not 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 construtaken sufficient precautions for the safety of the public or the protection of the
works to be construtaken 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 contract, or of adjacent structures or property which may be injured
by the processes of construction on account of 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 such neglect and whenever, in the opinion of the Engineer, an emergency
shall arise and immediate action shall be 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 necessary in order to protect public or private, personal or property
interest, then and in that event, the 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 Engineer, with or without notice to the Contractor may provide suitable
protection to the said interests by causing 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 msuch work to be done and such msuch work to be done and such material to be furnished as shall provide such protection as the Engineer may aterial to be
furnished as shall provide such protection as the Engineer may aterial to be furnished as shall provide such protection as the Engineer may
consider necessary and adequate.consider necessary and adequate.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 The cost and expense of such work and material so furnished shall be borne
by the Contractor and, if the same 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 oshall not be paid on presentation oshall 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.become due the Contractor.become due the Contractor.
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor The performance of such emergency work under the direction of the Engineer
shall in no way relieve the Contractor The performance of such emergency work under the direction of the Engineer shall in no way relieve 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 occufrom any damages which may occufrom any damages which may occufrom any damages which may occufrom any damages which may occur during or after such precaution
has been taken by the Engineer.
7-09. Suspension of Work.09. Suspension of Work.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 Contractwritten notice to the Contractor. The work shall be resumed by the Contractwritten 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 fixed in the written notice from the City to the Contractor so to do.
The City shall reimburse the Contractor for 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 expense incurred by the Contractor in connection with the work under this contract
as a result of such 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 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
44
should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on
2019 STREET RECONSTRUCTION PROJECT 14 Spec. No. 19-09
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 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 work is finished. If the unpaid balance of the contract 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 price shall exceed the expense of finishing the work, including compensation
for additional managerial and 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 xceed such unpaid xceed such unpaid
balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided balance, the Contractor shall pay the difference to the City. The expense
incurred by the City as herein provided 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 Contractors 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 The City shall have the right to take possession of and use any completed
or 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 partially completed portions of the work, notwithstanding the time
for completing the entire work or such portions 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 using shall not be deemed an acceptance of any work 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 delaysnot completed in accordance with the contract documents. If such prior use increases
the cost of or delaysnot 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 bwork, the Contractor shall be entitled to such extra compensation, or extension of time or
bwork, 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 EQUIPMENTECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENTECTION 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. Materials and equipment shall be new and of a quality equal to that
specified or approved. 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.rkmanlike manner.rkmanlike manner.rkmanlike manner.
8-02. Quality in Absence of Detailed Specifications.02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Whenever under this contract
it is provided that the 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 Contractor shall furnish materials or manufactured articles or shall
do work for which no detailed specifications are 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 materials or manufactured articles shall be of the best grade
in quality and workmanship obtainable in 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 the market from firms of established good reputation, or, if
not ordinarily carried in stock, shall conform to the usual 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 terials or articles of the kind required, with due consideration
of the use to which they terials 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 are to be put. In general, the work performed shall be in full conformity
and harmony with the intent to secure the 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 thebest standard of construction and equipment of thebest standard of construction and equipment of the work as a whole or in part.work
as a whole or in part.work as a whole or in part.
8-03. Materials and Equipment Specified by Name.03. Materials and Equipment Specified by Name.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 specified by patent or proprietary name or by the name of the manufacturer,
such specification shall be considered 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 or the purpose of describing the material or equipment desired and
shall be considered as followed by the or 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 . The Contractor may offer any material or equipment which shall be equal in
every . The Contractor may offer any material or equipment which shall be equal in every . The Contractor may offer any material or equipment which shall be equal in every
respect to that specified, provided that wrespect to that specified, provided that wrespect to that specified, provided that wrespect to that specified, provided that wrespect to that
specified, provided that written approval first is obtained from the Engineer.
8-04. Source of Materials.04. Source of Materials.04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for Price, fitness
and quality being equal, preference shall be given by the Contractor for 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 susupplies grown, manufactured or produced in the State of California and, next, for susupplies 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.in this State in accordance with Government Code Section 4332.in this State in accordance with Government Code Section 4332.
8-05. Storage of Materials.05. Storage of Materials.05. Storage of Materials.05. Storage of Materials.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 disthe work. They shall be so located and disthe work. They shall be so located and disthe work. They shall be so located and disthe work. They
shall be so located and disposed that prompt and proper inspection thereof may be made.
8-06. Drawings, Samples and Tests.06. Drawings, Samples and Tests.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 necesubmit to the Engineer, in quintuplicate, sufficient information including, if necesubmit 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 to demonstrate fully that the equipment and materials to be furnished
comply with the provisions and intent of these 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 materialsSpecial Provisions and Drawings. If the information thus submitted indicates the
equipment or materialsSpecial 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 acceptable, the Engineer will return one copy stamped with his or
her approval; otherwise, one copy will be returned 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 with an explanation of why the equipment or material is unsatisfactory.
The Contractor shall have no claims for 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 Contractors 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.
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2019 STREET RECONSTRUCTION PROJECT 15 Spec. No. 19-09
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 Engineer. Samples shall be secured and tested whenever
necessary to determine the quality of the material.
SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, The work under this contract shall be prosecuted with all materials, tools,
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 ery, apparatus and labor and by such methods as are necessary to the complete
execution of everything ery, 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 described, shown, or reasonably implied. If at any time before the
beginning or during the progress of the work, any described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any
part of the Contractors plant or equipment, or any of his or her methods of execution of the work, appear to the ipment, or any of his or her methods of execution of the work, appear
to the ipment, 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 Engineer to be unsafe, inefficient, or inadequate to insure the
required quality or the rate of progress of the work, he 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 or her facilities or methods and the Contractor shall 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 comply promptly with such orders; but, neither compliance with such orders
nor failure of the Engineer to issue 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 such orders shall relieve the Contractor from his or her obligation to secure the degree such
orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the of safety, the quality of the 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, work and the rate of progress required of the Contractor. The Contractor
alone shall be responsible for the safety, 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 r shall promptly begin the work under this contract and shall complete
r 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 and make ready for full use all portions of the project made the
subject of this contract within the time set forth in and make ready for full use all portions of the project made the subject of this contract within the time set forth in 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 delays in the prosecution or completion of the work shall include all delays
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 which might have been avoided by the exercise of care, prudence, foresight
and diligence on the part of the 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 meanContractor. The City will consider as avoidable delays within the meanContractor. 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 prosecution of parts of the work, which may in themselves be unavoidable,
but do not necessarily prevent or delay 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 the prosecution of other parts of the work nor the completion of the whole work
within the time herein 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 reasonable loss of time resulting from the necessity of submitting
plans to the Engineer for approval and from the 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 making of surveys, measurements, inspections, and testing and (3) such interruptions
as may occur in 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 rk on account of the reasonable interference of other contractors employed
by the City which rk 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.do not necessarily prevent the completion of the whole work within the time herein specified.do
not necessarily prevent the completion of the whole work within the time herein specified.
9-04. Unavoidable Delays.Unavoidable Delays. Unavoidable delays in the prosecution orUnavoidable delays in the prosecution orUnavoidable 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 shall include all delays which may result, through cause beyond the
control of the Contractor and which he or she shall include all delays which may result, through cause beyond the control of the Contractor and which he or she shall include all delays
which may result, through cause beyond the control of the Contractor and which he or she 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. Orderscould not have provided against by the exercise of care, prudence, foresight and diligence.
Orderscould 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 City changing the amount of work to be done, the quantity of material
to be furnished or the manner in which 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 work is to be prosecuted and unforeseen delays in the completion of the
work of other contractors under contract work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract
with the City wwith the City wwith the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractorill be considered unavoidable delays, so far
as they necessarily interfere with the Contractorill be considered unavoidable delays, so far as they necessarily interfere with the Contractors
completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as completion of the whole of the work. Delays due to normally adverse weather
conditions will not be regarded as completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as
unavoidable delays. However, truly abnormal amouunavoidable delays. However, truly abnormal amouunavoidable delays. However, truly abnormal amouunavoidable delays. However, truly abnormal
amouunavoidable 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 location of the work and time of year may be considered as unavoidable delays
if those conditions necessarily location of the work and time of year may be considered as unavoidable delays if those conditions necessarily location of the work and time of year may
be considered as unavoidable delays if those conditions necessarily 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.cause a delay in the completion of the work.cause a delay in the completion of the work.
999---05. Notice of Delays.05. Notice of Delays.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 event, immediately upon the occurrence of any delay which the contractor
regards as an unavoidable delay, he or 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 theshe shall notify the Engineer in writing of the probability of theshe 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 the Engineer may take immediate steps to prevent, if possible,
the occurrence or continuance of the delay, or, if this 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 ucannot 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
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2019 STREET RECONSTRUCTION PROJECT 16 Spec. No. 19-09
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 specifies in writing a longer period. All claims for a time extension must
be approved by the Engineer and
incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the eather and other conditions, the eather and other conditions, the
Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work Contractor shall pursue only such portions of the work as shall not be
damaged thereby. No portions of the work 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 whwhose satisfactory quality or efficiency will be affected by any unfavorable
conditions shall be constructed whwhose 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 these conditions remain, unless, by special means or precautions approved
by the Engineer, the Contractor shall 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 The Contractor shall be granted a time extension of one day for each unfavorable
weather day which prevents him 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 r her from placing concrete forms or placing and finishing concrete
or asphalt concrete. Such unfavorable weather r 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) day is defined as a rain day where precipitation prevents the contractor
from performing the work more than four (4) 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 he authorized work period or a temperature day where the ambient temperature
is below he 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) that specified for the placement of materials associated with the controlling
work item for more than four (4) 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 No work shall be done between the hours of 6 p.m. and 7 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 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary
for the proper care and a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and 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 in cases of absolute necessity and in any case only with the in cases of
absolute necessity and in any case only with the in cases of absolute necessity and in any case only with the 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 It is understood, however, that night work may be established as a
regular procedure by the Contractor if he or she 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 er and that such permission may be revoked at any time by the er 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 Engineer if the Contractor fails to maintain at night adequate force
and equipment for reasonable prosecution and 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 Eight (8) hours of Eight (8) hours of labor shall constitute a legal daylabor shall constitute a legal daylabor shall constitute a legal days
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 subcontractor shall not require or permit more than eight hours of labor
in a day from any person employed by him 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 cor her in the performance of the work under this contract, unless paying cor 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 excess of eight (8) hours per day at not less than 1½ times the
basic rate of pay. The Contractor shall forfeit to the 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 twentyCity, as a penalty, the sum of twentyCity, as a penalty, the sum of twentyCity, as a penalty, the sum of twenty--five dollars ($25.00) for each workman
employed in the executiofive dollars ($25.00) for each workman employed in the executiofive 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 contract by him or her or by any subcontractor, for each calendar day during
which such laborer, workman, or contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or contract by him or her or by any subcontractor,
for each calendar day during which such laborer, workman, or 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 mechanic is required or permitted to labor more than eight hours in
violation of the provisions of Section 1810 to mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to
1816, inclusive, (Artic1816, inclusive, (Artic1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts le 3, Chapter 1, Part
7, Division 2) of the Labor Code of the State of California and any acts le 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts
amendatory thereof.amendatory thereof.amendatory thereof.
SECTION 10. PAYMENT
10-01. Certification by Engineer.01. Certification by Engineer.01. Certification by Engineer.01. Certification by Engineer.01. Certification by Engineer. All payments under this
contract shall be made upon the presentation of
certificacertificacertificates in writing from the Engineer and shall show that the work covered by the payments has been done and tes in writing from the Engineer and shall show that
the work covered by the payments has been done and tes 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.the payments thereof are due in accordance with this contract.the payments thereof are due in accordance with this contract.
101010---02. Progress Estimates and Payment.02. Progress Estimates and Payment.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 make an estimate of the value of the work performed in accordance with
this contract during the previous calendar make an estimate of the value of the work performed in accordance with this contract during the previous calendar
month.month.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.
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2019 STREET RECONSTRUCTION PROJECT 17 Spec. No. 19-09
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. 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 Market value shall be determined as of the day prior to the date
such substitution is to take place. Such substitution Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution
shall be made at the request and expense of the Contractor. The securities shall be one or more of the following e of the following e of the following
types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and bearing notes or obligations of the United States, or those for which the faith
and 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 n obligations that are guaranteed as to principal and interest by a n 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 (c) Bonds of the State of California, or those for which the faith and
credit of the State of California are (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 (d) Bonds or warrants, including, but not limited to, revenue warrants, of
any county, city, metropolitan (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 water district, California water district, California water storage
district, irrigation district in the State of 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 Moodytility district, or school district of the State of California, which are
rated by Moodytility district, or school district of the State of California, which are rated by Moodys or
Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations (e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures,
or other obligations (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 nd banks or federal intermediate credit banks established under the Federal
Farm Loan nd 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 Act, as amended; debentures and consolidated debentures issued by the Central Bank
for Cooperatives 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 19and banks for cooperatives established under the Farm Credit Act of 19and 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; debentures of the Federal Home Loan Bank Board established under the Federal Home Loan
Bank Act; 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 and stock, bonds, debentures and other obligations of the Federal National Mortgage Association
and stock, bonds, debentures and other obligations of the Federal National Mortgage Association
established under the National Housinestablished under the National Housinestablished under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage g Act as amended
and bonds of any Federal Home Loan Mortgage g Act as amended and bonds of any Federal Home Loan Mortgage
Corporation.
(f) Commercial paper of primeprimeprime quality as defined by a nationally recognized organization which rates quality as defined by a nationally recognized organization which rates
quality as defined by a nationally recognized organization which rates
such securities. Eligible paper is further limited to issuing corporations: (such securities. Eligible paper is further limited to issuing corporations: (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) the United States; (2) having total assets in excess of five hundred million
dollars ($500,000,000); and (3) 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 approved by the Pooled Money Investment Board of the State of California. Purchases of
eligible approved by the Pooled Money Investment Board of the State of California. Purchases of eligible approved by the Pooled Money Investment Board of the State of California. Purchases
of eligible approved by the Pooled Money Investment Board of the State of California. Purchases of eligible
commercial paper commercial paper commercial paper may not exceed 180 daysmay not exceed 180 daysmay not exceed 180 days maturity, nor represent more than 10 percent of the
outstanding paper of an issuing corporation.outstanding paper of an issuing corporation.outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise
known as bankers (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers
acceptances, which are eligiblacceptances, which are eligiblacceptances, which are eligible for purchase by the Federal Reserve System.
(h) Certificates of deposits issued by a nationally or state(h) Certificates of deposits issued by a nationally or state(h) Certificates of deposits issued by a nationally or state(h)
Certificates of deposits issued by a nationally or state(h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) (i) (i) The portion of bank loans and obligations guaranteed by the United States Small Business The portion of bank loans and obligations guaranteed by the United States Small
Business The portion of bank loans and obligations guaranteed by the United States Small Business
AdmiAdmiAdministration 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.
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2019 STREET RECONSTRUCTION PROJECT 18 Spec. No. 19-09
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.
Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating
service.
2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for
transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or
paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the
contract.
The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole ed in an amount at least equal, in the sole ed 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 judgment of City, to the moneys to be withheld pursuant to the Contract
Documents to ensure performance of the 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 nContract. In order to comply with this condition, Contractor shall deposit additional
securities as necessary upon ecessary upon ecessary upon
request by City or the escrow agent.
3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure 3. Upon acceptance of any Proposal that includes substituting securities for
amounts withheld to ensure 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 preparperformance, a separate escrow agreement satisfactory in form and substance to City
shall be preparperformance, 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, executed by City, the Contractor and the escrow agent, which may be City.
The escrow agreement shall specify, 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 among other matters, value of securities to be deposited; procedures
for valuing the securities and for adding or 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 maintain the market value of the deposited securities at least equal to
the amount of 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 moneys which would otherwise be withheld; the terms and conditions
of conversion to cash in case of the default by 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 r termination of the escrow. City shall have no obligation to r 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 enter any such Agreement that does not provide the City with the
unilateral right to convert securities to cash and 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 be accepted by vote of the City Council of the City of Ukiah when the whole
be accepted by vote of the City Council of the City of Ukiah when the whole 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 shall have been completed satisfactorily. The Contractor shall notify
the Engineer, in writing, of the completion of shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of shall have been completed
satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of 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 inthe work, whereupon the Engineer shall promptly, by personal inthe 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 completion of the work in accordance with the terms of the contract and
shall thereupon recommend acceptance by 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 afThe Engineer shall, as soon as practicable afThe 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.work done under this contract, make a final estimate of the amount of
work done thereunder and the value thereof.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 paSuch final estimate shall be signed by the Engineer, and after approval,
the City shall pay or cause to be paSuch 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 Contractor, in the manner provided by law, the entire sum so found to
be due hereunder, after deducting therefrom 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.all previous payments and such other lawful amounts as the terms of this contract prescribe.all
previous payments and such other lawful amounts as the terms of this contract prescribe.
In no case will final payment be made In no case will final payment be made In no case will final payment be made In no case will final payment be made in less than thirtyin less than
thirtyin less than thirty-five (35) days after the filing of the notice of completion with
the County Recorder.
10-06. Delay Payments.06. Delay Payments.06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the Should any payment due the Contractor
or any estimate be delayed, through fault of the Should any payment due the Contractor or any estimate be delayed, through fault of the
City beyond the time stipulated, suchCity beyond the time stipulated, suchCity 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 damages, but the City shall pay the Contractor interest on the amount
of the payment at the rate of 6 percent per 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 interannum for the period of such delay. The terms for which interannum 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 monthly or progress payment, from the twentieth day of the month next succeeding
the month in which the work 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,was performed to the date of payment of the estimate; and in the case of the final estimate,was
performed to the date of payment of the estimate; and in the case of the final estimate,was performed to the date of payment of the estimate; and in the case of the final estimate,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.after acceptance to the date of payment of the final estimate.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 The date of payment of any estimate shall be considered the day on which
the payment is offered or mailed as 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. Ifevidenced by the records of the Treasurer of the City. Ifevidenced 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 amount thereof, as determined by the City, shall be added to a succeeding
payment. If the interest shall become 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 due on the final payment, it shall be paid on a supplementary voucher to interest or any 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.terms of this contract, the City is authorized to reserve or retain.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.
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2019 STREET RECONSTRUCTION PROJECT 19 Spec. No. 19-09
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 Engineers written order and the date of approval by the City authorizing 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 notification is made in writing within the time specified notification
is made in writing within the time specified
and unless complete statements of materials used and expenses incurred on account of such extra work are and unless complete statements of materials used and expenses incurred on account
of such extra work are and unless complete statements of materials used and expenses incurred on account of such extra work are
furnished as above required, the Contractor shall not be entitled to payment on account of exfurnished as above required, the Contractor shall not be entitled to payment on account of
extra work and tra work and tra work and
Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra Contractor shall be deemed to have waived the right to make any future claims
for compensation for such extra 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 When changes decrease the amount of work to be done, they shall not constitute
a claim for damages on account 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 Whenever corrections, additions, or modifications in 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 the work under this contract change the amount of work to be done or the amount
of compensation due the 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 ractor, excepting increases or decreases in contract items having unit
contract prices for each measurable ractor, 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 quantity installed in place, and such changes have been ordered in writing
by the Engineer and approved by the 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 g the extra work, then a price may be agreed upon. Failing such an
agreement g 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 4in price, the Contractor shall be compensated for performing extra work
pursuant to the provisions of Section 4in 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 PaymentForce Account PaymentForce Account Payment oof the Standard Specifications.f the Standard Specifications.f the Standard Specifications.
This method of determining the price of work shall not apply to the performance of any work which is required or This method of determining the price of work shall not apply to the performance
of any work which is required or This method of determining the price of work shall not apply to the performance of any work which is required or This method of determining the price
of work shall not apply to the performance of any work which is required or 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.reasonably implied to be performed or furnished under this contract.reasonably implied to be performed or furnished
under this contract.
10-09. Compensation to the City for Extension of Time.nsion of Time.nsion of Time. In case the work called for under this contract is not In case the work called for under this
contract is not 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 completed within the time limit stipulated herein, the City shall
have the right as provided hereinabove, to extend the 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, thetime of completion thereof. If the time limit be so extended, thetime 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, and to deduct from the final payment for the work the actual cost to the City
of engineering, inspection, 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 wsuperintendence and other overhead expenses which are directly chargeable to the contract
and wsuperintendence 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 during the period of such extension, except that the cost of final
unavoidable delays shall not be included in such 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.10. Liquidated Damages for Delay.10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and
It is agreed by the parties to the contract that time is of the essence and 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 t, in case all the work is not completed before or upon the expiration
of the time limit as set forth, damage, other t, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other t, 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 10than those cost items identified in section 10than those cost items identified in section 10than those cost items identified in section
10than 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 actual amount of damage by reason of such delay; and it is therefore
agreed that the Contractor 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 daywill pay to the City the sum of five hundred dollars ($500.00) per day for each
and every calendar daywill pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar days delay
beyond the time prescribed. beyond the time prescribed. beyond the time prescribed.
SECTION 11. MISCELLANEOUS
11-01. Notice.01. Notice.01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be Whenever any provision of the contract documents
requires the giving of written notice, it shall be 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 deemed to have been validly given if delivered in person to the
individual or to a member of the firm or to an officer 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 corof the corof the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, poration for whom it is intended, or if delivered
at or sent by registered or certified mail, postage prepaid, poration 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 to the last business address known to the giver of the notice. If
mailed, the notice shall be deemed received on the 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 tdate of delivery stated in tdate of delivery stated in the return receipt.
111111---02. Computation of Time.02. Computation of Time.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 be computed to exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be
omitted from the computation.
11-03. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the
enforcement or interpretation of this contract, arising out of Contractors performance or relating in any way to the
work shall be brought in Mendocino County and that venue will lie in Mendocino County.
4:
2019 STREET RECONSTRUCTION PROJECT 20 Spec. No. 19-09
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 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 sions of this paragraph shall be as effective as if repeated specifically
in the sions 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 contract documents in connection with each particular duty, obligation,
right and remedy to which they apply. All 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 survive final payment and termination or completion survive final payment
and termination or completion
of this contract.
11-04. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the The Contractor shall strictly comply with all notices and other
contract requirements. Waiver by the 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 he contract, including the notice provisions, shall not he contract,
including the notice provisions, shall not
be deemed a waiver of a subsequent breach.
51
2019 STREET RECONSTRUCTION PROJECT 21 Spec. No. 19-09
TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. The work involves the reconstruction of Orchard Avenue from E. Perkins
including the
installation or modification of ADA pedestrian ramps.
The vicinity of the work shall be protected from injury by Contractor during construction and until completion of the construction and until completion of the construction and until
completion of the
work. Contractor shall be liable for all damages to such facilities.
responsibility to verify the horizontal and vertical locations of all utilities by potholing or other locating method ontal and vertical locations of all utilities by potholing or other
locating method ontal and vertical locations of all utilities by potholing or other locating method
approved by the engineer a minimum of 7 working days in advance of doing water main work. Any conflicts shall approved by the engineer a minimum of 7 working days in advance of doing
water main work. Any conflicts shall approved by the engineer a minimum of 7 working days in advance of doing water main work. Any conflicts shall
be brought to the attention of the Engineer.
Incidental items of construction necessary to complete the whole work in a satisfactory and acceptable manner as s of construction necessary to complete the whole work in a satisfactory
and acceptable manner as s of construction necessary to complete the whole work in a satisfactory and acceptable manner as
shown on the Project Plans and as provided for in the Special provisions and not specifically referred to in this shown on the Project Plans and as provided for in the Special provisions
and not specifically referred to in this shown on the Project Plans and as provided for in the Special provisions and not specifically referred to in this
section will be understood to be furnished b
activities shall be restored to their original condition.
The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no The Contractor should familiarize himself with the local conditions
of the project sites. Failure to do so will in no 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 requirieve him of the responsibility for performing any of the work or operations requirieve him of
the responsibility for performing any of the work or operations required as a part of this contract.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections The Technical Specifications are arranged in sections The Technical Specifications
are arranged in sections The Technical Specifications are arranged in sections The Technical Specifications are arranged in sections
covering the various phases of work as follows:
Section No. TitleTitleTitle
12 General InformationGeneral InformationGeneral Information
13 Construction DetailsConstruction DetailsConstruction Details
14 Exclusions from General ConditionsExclusions from General ConditionsExclusions from General Conditions
15 Amendments to General ConditionsAmendments to General ConditionsAmendments to General Conditions
12-03. Arrangement of Plans.03. Arrangement of Plans.03. Arrangement of Plans. The PlansThe PlansThe Plans consist of seventeen (17) sheets, which are bound as a separate
document and are hereby made a part of the Contract Documents.document and are hereby made a part of the Contract Documents.document and are hereby made a part of the Contract Documents.document
and are hereby made a part of the Contract Documents.document and are hereby made a part of the Contract Documents.
12-04. Business Licenses.04. Business Licenses.04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of The Contractor and any
subcontractors shall each secure and maintain a valid City of 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.License prior to the start of any portion of the work.License prior to the start of any portion of the work.
12-05. Permits05. Permits05. Permits The Contractor shall provide, procure, and pay for all permits including encroachment permits The Contractor shall provide, procure, and pay for
all permits including encroachment permits The Contractor shall provide, procure, and pay for all permits including encroachment permits
required to carry on and complete this work. The City will issue a no fee encroachment perequired to carry on and complete this work. The City will issue a no fee encroachment perequired
to carry on and complete this work. The City will issue a no fee encroachment permit to the Contractor
allowing him to perform work within City right of way after the Contract documents have been executed and allowing him to perform work within City right of way after the Contract documents
have been executed and allowing him to perform work within City right of way after the Contract documents have been executed and allowing him to perform work within City right of way
after the Contract documents have been executed and allowing him to perform work within City right of way after the Contract documents have been executed and
insurance certificate and endorsements have been approved by the City.insurance certificate and endorsements have been approved by the City.insurance certificate and endorsements have
been approved by the City.insurance certificate and endorsements have been approved by the City.insurance certificate and endorsements have been approved by the City.
121212--06. Standard Specifications and Standard Plans. 06. Standard Specifications and Standard Plans. 06. Standard Specifications and Standard Plans. Standard Specifications and
Standard Plans of the
California State Department of Transportation May 2006, are hereby made a part of these Technical Specifications, California State Department of Transportation May 2006, are hereby made
a part of these Technical Specifications, California State Department of Transportation May 2006, are hereby made a part of these Technical Specifications,
and are hereinafter referred to as and are hereinafter referred to as and are hereinafter referred to as Standard Specifications and Standard Plans. The 2015 Standard
Specifications and Standard Plans of the California State Department of Transportation are hereby made a part of Specifications and Standard Plans of the California State Department
of Transportation are hereby made a part of Specifications and Standard Plans of the California State Department of Transportation are hereby made a part of
or Standard Plan A88A,
and Standard Plan A88and Standard Plan A88
-
Detector, PedestrES-ectrical Systems Signal and Lighting Standard, Type
Whenever in the California Standard Specifications and the California Standard Plans the following terms are used,
52
they shall be understood to mean and refer to the following:
2019 STREET RECONSTRUCTION PROJECT 22 Spec. No. 19-09
Department of Transportation The City Council.
Director of Public Works The City of Ukiah Director of Public Works.
Engineer The Engineer, designated by the City Council, acting either directly or through properly authorized
agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory The designated laboratory authorized by the City of Ukiah to test materials and work involved in the The designated laboratory authorized by the City of Ukiah to test materials
and work involved in the The designated laboratory authorized by the City of Ukiah to test materials and work involved in the
contract.
State The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the the California Standard Specifications and the California Standard Plans
shall have the 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.intent and meaning specified in Section I, Definition of Terms of the California
Standard Specifications.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 der of precedence from the highest to lowest is as der of precedence from
the highest to lowest is as
follows:
1. (City) Special Provisions
2. (City) Project Plans
3. City Standard Plans and Details
4. California Standard Plans
5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said rary facilities are the responsibility of the Contractor. The removal
of said rary facilities are the responsibility of the Contractor. The removal of said rary facilities are the responsibility of the Contractor. The removal of said rary 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 facilities shall be the responsibility of the Contractor. The
Contractor shall be responsible for any and all damages to facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to
existing facilities which are a result of the work.
12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least The Contractor shall conduct operations so as to cause the least The Contractor
shall conduct operations so as to cause the least
possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such possible obstruction and inconvenience to public traffic. The Contractor
shall, at his or her expense, furnish such possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such
flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian uct and maintain such fences, barriers, lights, signs, detours, pedestrian
uct 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 walkways, driveway ramps and bridging as may be necessary to give adequate
warning to the public that work is in 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 aprogress and that dangerous conditions exist, to provide access to aprogress and that dangerous conditions exist,
to provide access to abutting properties and to permit the flow of
pedestrian and vehicular traffic to safely and expeditiously pass the work.pedestrian and vehicular traffic to safely and expeditiously pass the work.pedestrian and vehicular traffic
to safely and expeditiously pass the work.
12-09. Maintaining Traffic. Attention is directed to Section 7Attention is directed to Section 7Attention is directed to Section 7-1.08, Public Convenience, 7-1.09, Public Safety,
12-2.02, Flagging Costs, and 12and 12and 12---Hof the California Standard
Specifications.
Streets shall be open to through vehicular traffic during nonStreets shall be open to through vehicular traffic during nonStreets shall be open to through vehicular traffic during non-working
hours. All public traffic shall be permitted to
pass through the work with as litpass through the work with as litpass through the work with as little inconvenience and delay as possible.
empty or loaded, shall in all cases yield to public traffic.empty or loaded, shall in all cases yield to public traffic.empty or loaded, shall in all cases yield to public traffic.
The full width of the traveled way shall beThe full width of the traveled way shall beThe full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays,
and designated
City holidays, after 3:00 pm, Fridays and the day preceding designated City holidays, and when construction City holidays, after 3:00 pm, Fridays and the day preceding designated City
holidays, and when construction City holidays, after 3:00 pm, Fridays and the day preceding designated City holidays, and when construction
operations are not actively in progress.operations are not actively in progress.operations are not actively in progress.
Minor deviations from the requiremMinor deviations from the requiremMinor deviations from the requirements of this section concerning hours of work which do not significantly change
the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer the cost of the work may be permitted upon the written request of the
Contractor if in the opinion of the Engineer the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer
public traffic will be better served and the work expedited. public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer
has indicated his written approval. All other modifications will be made by contract change order.
rkers or
painted lines or both, or temporary delineation), such pavement delineation shall be replaced by either permanent
or temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of
reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced not more
53
than 10 feet apart on curves nor more than twenty (20) feet apart on tangents. Reflective traffic line tape shall be
2019 STREET RECONSTRUCTION PROJECT 23 Spec. No. 19-09
applied in accordance with the manufac
considered as included in the prices paid for the contract items of work that obliterated the existing delineation and
no separate payment will be made.
sum payment for Traffic Control and no additional compensation will be made.
12.10. Traffic Control System for Lane Closure. A traffic control system shall consist of closing traffic lanes of closing traffic lanes
and ramps in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work and ramps in accordance with the Caltrans Manual of Traffic Controls for Construction
and Maintenance Work and ramps in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work
of the Standard Specifications, Standard Specifications, Standard Specifications,
and provisions under Maintaining Traffic elsewhere in these Special Provisions.
The provisions in this section will not relieve the CONTRACTOR from their responsibilities that may be necessary The provisions in this section will not relieve the CONTRACTOR from their
responsibilities that may be necessary The provisions in this section will not relieve the CONTRACTOR from their responsibilities that may be necessary
to comply with the provisions in Section 7-1.09, Public Safety, of the Standard Specifications.he Standard Specifications.he Standard Specifications.
The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the Way, but shall not be plywood in the Way, but shall not be plywood in
the
State Right-of-Way.
The Contractor shall develop and submit to the Engineer for approval a Traffic Control Plan The Contractor shall develop and submit to the Engineer for approval a Traffic Control Plan
The Contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one
week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control week before beginning construction. The Traffic Control Plan shall show
the planned method of traffic control week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control
during construction. At a minimum the plan shall incorporate the following restrictions.during construction. At a minimum the plan shall incorporate the following restrictions.during
construction. At a minimum the plan shall incorporate the following restrictions.
No more than two adjacent streets crossing the project site will be closed to cross traffic at any one time.ssing the project site will be closed to cross traffic at any one time.ssing
the project site will be closed to cross traffic at any one time.
A minimum of one 12-foot wide through lane shall be provided through the length of the working area, foot wide through lane shall be provided through the length of the working area,
foot wide through lane shall be provided through the length of the working area,
except that traffic may be delayed up to 15 minutes.
The following information shall be included in the Traffic Control Plan:hall be included in the Traffic Control Plan:hall be included in the Traffic Control Plan:
Sequencing of construction.
Street layout, with street names and direction of flow.Street layout, with street names and direction of flow.Street layout, with street names and direction of flow.
Location and types of construction area signs (including pedestrian notification).Location and types of construction area signs (including pedestrian notification).Location and types
of construction area signs (including pedestrian notification).
Locations of barriers or other traffic control devices.ffic control devices.ffic control devices.
Location of flaggers.
A contingency plan for how to handle emergency vehicles.A contingency plan for how to handle emergency vehicles.A contingency plan for how to handle emergency vehicles.
The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the The Contractor shall not begin construction at the site until the
Traffic Control Plan is reviewed and approved by the The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the
Engineer. The City reserves theEngineer. The City reserves theEngineer. The City reserves the
has been reviewed and approved by the Engineer.has been reviewed and approved by the Engineer.has been reviewed and approved by the Engineer.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any If any component in the traffic control system is displaced, or ceases
to operate or function as specified, from any If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any
cause, during the progress of the work, the Contractor shall immediately repair said component to its original use, during the progress of the work, the Contractor shall immediately
repair said component to its original use, during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location.condition or replace said component and shall restore the component to its original location.condition
or replace said component and shall restore the component to its original location.
When lane closures are made for work periods only, aWhen lane closures are made for work periods only, aWhen lane closures are made for work periods only, at the end of each work period,
all components of the traffic
control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, control system, except portable delineators placed along open trenches
or excavation adjacent to the traveled way, control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way,
shall be removed from the traveled way and shoulder. If the Contractor so electshall be removed from the traveled way and shoulder. If the Contractor so electshall be removed from
the traveled way and shoulder. If the Contractor so electshall be removed from the traveled way and shoulder. If the Contractor so electshall be removed from the traveled way and
shoulder. If the Contractor so elects, said components may be stored
at selected central locations, approved by the Engineer, within the highway rightat selected central locations, approved by the Engineer, within the highway rightat selected central
locations, approved by the Engineer, within the highway rightat selected central locations, approved by the Engineer, within the highway right-of-way.
Payment: The contract lump sum price paid for Payment: The contract lump sum price paid for Payment: The contract lump sum price paid for Traffic Control shall include full compensation
for furnishing a
Traffic Control PlaTraffic Control PlaTraffic Control Plan, furnishing all labor, materials (including signs), tools, equipment and incidentals, and for doing
all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of all the work involved in placing, removing, storing, maintaining,
moving to new locations, replacing and disposing of all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of
the components of the traffic contrthe components of the traffic contrthe components of the traffic control system as shown on the plans, as specified in the Standard Specifications
and
these special provisions, and as directed by the Engineer.these special provisions, and as directed by the Engineer.
12.11. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or
silting of live streams, and the Contractors attention is called to the fact that the terms of this contract do not relieve
him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other
applicable statutes relating to pollution prevention or abatement.
54
2019 STREET RECONSTRUCTION PROJECT 24 Spec. No. 19-09
for the control of pollution to adjacent drainage courses during the construction of the project.
Water Pollution Control shall be performed in accordance with Section 13, Water Pollution Control, of the Standard
Specifications and these technical specifications. In addition, construction activities shall comply with:
1. The California Water Quality Control Board, North Coast Region Order No. R1-2015-0030, National
Pollutant Discharge Elimination System Municipal Storm Water Permit.
2. The California Stormwater Quality Association Storm Water BMP Handbook for Construction (CASQA The California Stormwater Quality Association Storm Water BMP Handbook for Construction
(CASQA
Handbook). BMPs shall be selected, installed and maintained in accordance with the latest edition. A copy of the e selected, installed and maintained in accordance with the latest
edition. A copy of the e selected, installed and maintained in accordance with the latest edition. A copy of the
handbook can be viewed at http://www.casqa.org/.
Water removed from excavations shall be discharged to the publicly owned sanitary sewer under the conditions set itary sewer under the conditions set itary sewer under the conditions
set
forth by the City.
with all requirements referenced in this section and for doing all work necessary protect the adjacent drainage tect the adjacent drainage tect the adjacent drainage
courses from pollution shall be considered as included in the prices paid for the various contract items of work, and courses from pollution shall be considered as included in the prices
paid for the various contract items of work, and courses from pollution shall be considered as included in the prices paid for the various contract items of work, and
no additional compensation will be allowed therefore.
12-12. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work tractor shall warrant all materials provided and work tractor 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 performed under this contract for a period of one year from the date
of final acceptance. He shall replace promptly 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 warranand at his own expense any materials and/or workmanship which fail during this warranand at his own
expense any materials and/or workmanship which fail during this warranty period.
12-13. Utilities. No water, sewer or electrical services will be provided by the owner. It is the ContractorNo water, sewer or electrical services will be provided by the owner. It
is the ContractorNo water, sewer or electrical services will be provided by the owner. It is the Contractors sole
responsibility to arrange such services as necessary.
12-14. Preconstruction Conference. A preconstruction conference will bA preconstruction conference will bA 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 commence. This meeting will cover inspection, schedule for work, and
among other items, the responsibilities and 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 accordaprocedures of each of the interested parties to assure that the project will be completed
in accordaprocedures of each of the interested parties to assure that the project will be completed in accordance with the
contract documents.
12-15. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor The Contractor shall comply with all pertinent provisions of the Department
of Labor 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)Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)Safety and Health Regulations
for Construction (29 FCS Part 1518, 36 CFR 7340), with additions or modifications
thereto, in effect during construction of this project.thereto, in effect during construction of this project.thereto, in effect during construction of this project.
12-16. Existing Utilities. In general, the locations of existing utilities are indicated on the drawings and/ or will . In general, the locations of existing utilities are indicated
on the drawings and/ or will . In general, the locations of existing utilities are indicated on the drawings and/ or will
be marked on the ground at the site. The accuracy of completeness of this be marked on the ground at the site. The accuracy of completeness of this be marked on the ground at the site.
The accuracy of completeness of this information is not guaranteed,
however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless however and unless otherwise indicated on the Project Plans or in these Special
Provisions, or unless however and unless otherwise indicated on the Project Plans or in these Special Provisions, or unless however and unless otherwise indicated on the Project Plans
or in these Special Provisions, or unless
otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits, otherwise cared for by the owner thereof, all water, gas or sewer lines,
lighting, power or telephone conduits, otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone conduits, otherwise cared for by the owner
thereof, all water, gas or sewer lines, lighting, power or telephone conduits, otherwise cared for by the owner thereof, all water, gas or sewer lines, lighting, power or telephone
conduits,
structures, house connections lines and other surface or subsurface structures of any nature that may be house connections lines and other surface or subsurface structures of any nature
that may be house connections lines and other surface or subsurface structures of any nature that may be
affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or affected by the work shall be maintained by the Contractor and shall not be disturbed,
disconnected or affected by the work shall be maintained by the Contractor and shall not be disturbed, disconnected or
damaged by him or her during the progress of the work; provdamaged by him or her during the progress of the work; provdamaged by him or her during the progress of the work; provided,
that should the Contractor in the
performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature performance of the work disturb, disconnect or damage any of the above, all expenses
of whatever nature performance of the work disturb, disconnect or damage any of the above, all expenses of whatever nature
arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor.arising from such disturbance or the replacement or repair thereof shall be borne
by the Contractor.arising from such disturbance or the replacement or repair thereof shall be borne by the Contractor.
12-17. Co. Co. Cooperationoperationoperationoperation. Attention is directed to Section 7-1.14 of the California Standard Specifications.
Other construction work by other forces relocation power lines, telephone lines and pipe lines, and construction Other construction work by other forces relocation power lines, telephone
lines and pipe lines, and construction Other construction work by other forces relocation power lines, telephone lines and pipe lines, and construction
other improvement, may be in progress within andother improvement, may be in progress within andother improvement, may be in progress within and adjacent to the limits of this contract
at the time work under
these Special Provisions is being performed.these Special Provisions is being performed.these Special Provisions is being performed.
The Contractor for the work herein specified shall cooperate with the force engaged in performing other work The Contractor for the work herein specified shall cooperate with the force
engaged in performing other work The Contractor for the work herein specified shall cooperate with the force engaged in performing other work
as above described to the end that suas above described to the end that such forces may conduct their operations with as little inconvenience and
delay as possible, and the Contractor shall permit such forces passage through the work as is reasonable and
necessary to transport their materials and equipment to the site of their operations.
Full compensation for conforming to the requirements of this article shall be considered as included in the
prices paid for the various c0ntract items of work and no additional allowance will be made therefore.
55
2019 STREET RECONSTRUCTION PROJECT 25 Spec. No. 19-09
12-18. Notification of Underground Service Alert (USA) and Location of Existing Facilities. The
Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation.
USA dial (toll free) 1 (800) 227-2600
The Contractor will be required to work around public and private utility facilities and other improvements that
are to remain in place within the construction area and he will be held liable to the owners of such facilities or
interference with service from his operations.
Contractor shall investigate, confirm and/or determine the exact locations of existing utilities, and verify e, confirm and/or determine the exact locations of existing utilities, and
verify e, confirm and/or determine the exact locations of existing utilities, and verify
clearances between existing and proposed utilities at crossings and/or known potential conflicts. The clearances between existing and proposed utilities at crossings and/or known potential
conflicts. The clearances between existing and proposed utilities at crossings and/or known potential conflicts. The
Contractor shall determine elevations and alignments of existing utilities at connection points.
The Contractor shall determine elevations and alignments of existing sewer laterals, at the back of sidewalk, if The Contractor shall determine elevations and alignments of existing
sewer laterals, at the back of sidewalk, if The Contractor shall determine elevations and alignments of existing sewer laterals, at the back of sidewalk, if
a new proposed sewer main is at a higher elevation than the existing sewer main.
The Contractor shall provide all relevant information in writing to the Engineer immediately upon discovery of elevant information in writing to the Engineer immediately upon discovery
of elevant information in writing to the Engineer immediately upon discovery of
any conflict. Any delay in notification to the Engineer may delay direction and/or corrective action and a delay any conflict. Any delay in notification to the Engineer may delay direction
and/or corrective action and a delay any conflict. Any delay in notification to the Engineer may delay direction and/or corrective action and a delay
claim due and for this reason shall not be considered by the City. The Contractor shall not proceed with any The Contractor shall not proceed with any The Contractor shall not proceed
with any
work that is in conflict until direction is provided by the Engineer and shall redirect crews to other contract work. work that is in conflict until direction is provided by the Engineer
and shall redirect crews to other contract work. work that is in conflict until direction is provided by the Engineer and shall redirect crews to other contract work.
All the information required to be obtained per this Section and any other information not noteAll the information required to be obtained per this Section and any other information
not noteAll the information required to be obtained per this Section and any other information not noted but relative to
the project shall be provided to the Engineer on a set of Plans when the investigative effort is complete.the project shall be provided to the Engineer on a set of Plans when the investigative
effort is complete.the project shall be provided to the Engineer on a set of Plans when the investigative effort is complete.
Full compensation for complying with this section shall be considered as included in the contract prices paid for Full compensation for complying with this section shall be considered
as included in the contract prices paid for Full compensation for complying with this section shall be considered as included in the contract prices paid for
various items of work, which price shall include full compensation for furnishing all labor, materials, tools and work, which price shall include full compensation for furnishing all
labor, materials, tools and work, which price shall include full compensation for furnishing all labor, materials, tools and work, which price shall include full compensation for furnishing
all labor, materials, tools and
equipment, and doing all the work involved in verifying existing utility locations, including but not limited to: equipment, and doing all the work involved in verifying existing utility
locations, including but not limited to: equipment, and doing all the work involved in verifying existing utility locations, including but not limited to: equipment, and doing all the
work involved in verifying existing utility locations, including but not limited to: equipment, and doing all the work involved in verifying existing utility locations, including but
not limited to:
potholing to verify potential conflicts, grades and alignments of existing facilities to be connected to; excavation; des and alignments of existing facilities to be connected to; excavation;
des and alignments of existing facilities to be connected to; excavation;
backfill; notification; and coordination and redirection of crews to other contract work if required, as specified backfill; notification; and coordination and redirection of crews to
other contract work if required, as specified backfill; notification; and coordination and redirection of crews to other contract work if required, as specified
herein, and no additional allowance will be made therefor.herein, and no additional allowance will be made therefor.herein, and no additional allowance will be made therefor.
56
2019 STREET RECONSTRUCTION PROJECT 26 Spec. No. 19-09
13CONSTRUCTION DETAILS
13-01. Preservation of Propertyand Existing Facilities
13-01.1 General. The Contractor shall conform to the provisions of Section 7-
the Standard Specifications and to these Special Provision. All costs to the Contractor for protecting, removing,
modifying, relocating and restoring existing improvements shall be considered as included in the contract prices
paid for the various items of work and no additional allowances will be made therefore.
Protect existing surveying control points and monuments within the project areas. Any disturbed survey control rotect existing surveying control points and monuments within the project
areas. Any disturbed survey control rotect existing surveying control points and monuments within the project areas. Any disturbed survey control
points and monuments shall be reset by a Land Surveyor registered in the State of California.
13-01.2 Existing Facilities. The work performed in connection with various existing highway facilities shall in connection with various existing highway facilities shall in connection
with various existing highway facilities shall
conform to the provisions in Section 15, "Existing Facilities," of the Standard Specifications and these special conform to the provisions in Section 15, "Existing Facilities," of the
Standard Specifications and these special conform to the provisions in Section 15, "Existing Facilities," of the Standard Specifications and these special
provisions.
13-01.3 Remove Fence. Contractor shall notify property owner a minimum of ten (10) working days in advancem of ten (10) working days in advancem of ten (10) working days in advance
of fence and gate removal. Contractor shall coordinate with property owner and Engineer on temporary fencingof fence and gate removal. Contractor shall coordinate with property owner
and Engineer on temporary fencingof fence and gate removal. Contractor shall coordinate with property owner and Engineer on temporary fencing
field layout and location, and layout of new fences and gates. New fences and gates shall be in accordance wifield layout and location, and layout of new fences and gates. New fences
and gates shall be in accordance wifield layout and location, and layout of new fences and gates. New fences and gates shall be in accordance with the
Standard Specifications and Standard Plans and as shown on the Plans.
13-01.4 Remove Traffic Stripe. Traffic stripes and pavement markers shall be removed in pavement overlayTraffic stripes and pavement markers shall be removed in pavement overlayTraffic
stripes and pavement markers shall be removed in pavement overlay
areas and striping conforms shown on the Plans by any method that does noareas and striping conforms shown on the Plans by any method that does noareas and striping conforms shown on
the Plans by any method that does not materially damage the existingt materially damage the existingt materially damage the existing
pavement. Residue resulting from removal operations shall be removed from pavement surfaces by sweepingpavement. Residue resulting from removal operations shall be removed from pavement
surfaces by sweepingpavement. Residue resulting from removal operations shall be removed from pavement surfaces by sweeping
or vacuuming before the residue is blown by the action of traffic or wind, migrates across lanes or shoulders, oror vacuuming before the residue is blown by the action of traffic or
wind, migrates across lanes or shoulders, oror vacuuming before the residue is blown by the action of traffic or wind, migrates across lanes or shoulders, oror vacuuming before the
residue is blown by the action of traffic or wind, migrates across lanes or shoulders, or
enters drainage facilities. Traffic stripes shall be removed before any change is made in the traffic pattern.s drainage facilities. Traffic stripes shall be removed before any change
is made in the traffic pattern.s drainage facilities. Traffic stripes shall be removed before any change is made in the traffic pattern.s drainage facilities. Traffic stripes shall
be removed before any change is made in the traffic pattern.s drainage facilities. Traffic stripes shall be removed before any change is made in the traffic pattern.
Residue from grinding or cold planing may lead from paint and thermoplastic. The average lead concentrationsResidue from grinding or cold planing may lead from paint and thermoplastic.
The average lead concentrationsResidue from grinding or cold planing may lead from paint and thermoplastic. The average lead concentrations
are anticipated to be less than 1,000 mg/kg total lead and 5 mg/L soluble lead. This residue:kg total lead and 5 mg/L soluble lead. This residue:kg total lead and 5 mg/L soluble lead.
This residue:
1. Is a nonhazardous waste
2. Does not contain heavy metals in concentrations that exceed thresholds established by the HealthDoes not contain heavy metals in concentrations that exceed thresholds established
by the HealthDoes not contain heavy metals in concentrations that exceed thresholds established by the Health
and Safety Code and 22 CA Code of Regsand Safety Code and 22 CA Code of Regsand Safety Code and 22 CA Code of Regs
3. Is not regulated under the Federal ResourcIs not regulated under the Federal ResourcIs not regulated under the Federal Resource Conservation and Recovery Act (RCRA), 42 USC §
6901 et seq.
Submit a lead compliance plan under Section 7Submit a lead compliance plan under Section 7Submit a lead compliance plan under Section 7-1.02K(6)(j)(ii) of the Standard Specifications.
Removal of traffic striping and markings in roadway reconstruction areas is considered incidental Removal of traffic striping and markings in roadway reconstruction areas is considered
incidental Removal of traffic striping and markings in roadway reconstruction areas is considered incidental to the removal of
asphalt concrete pavement and base, and no additional compensation will be made therefor.asphalt concrete pavement and base, and no additional compensation will be made therefor.asphalt
concrete pavement and base, and no additional compensation will be made therefor.asphalt concrete pavement and base, and no additional compensation will be made therefor.asphalt concrete
pavement and base, and no additional compensation will be made therefor.
All raised pavement markers shall be removed by the Contractor to the satisfaction of the Engineer and inAll raised pavement markers shall be removed by the Contractor to the satisfaction
of the Engineer and inAll raised pavement markers shall be removed by the Contractor to the satisfaction of the Engineer and in
accordance with Section 15 of the Standaraccordance with Section 15 of the Standaraccordance with Section 15 of the Standard Specifications
Payment: Full compensation for complying with this section of the Special Provisions shall be considered as : Full compensation for complying with this section of the Special Provisions
shall be considered as : Full compensation for complying with this section of the Special Provisions shall be considered as
included in the prices paid for the various contract items of work, and no separate compensations will be allowed included in the prices paid for the various contract items of work,
and no separate compensations will be allowed included in the prices paid for the various contract items of work, and no separate compensations will be allowed
therefore.therefore.therefore.
13-00222. Storm Water Pollution Prevention Plan. Storm Water Pollution Prevention Plan. Storm Water Pollution Prevention Plan
131313--0022.1 General. .1 General. .1 General. The project disturbs an area greater than 1 acre. Water pollution control work shall conform
to the requirements in Section 13, "Water Pollution Control," of the Standard Specifications, and theseto the requirements in Section 13, "Water Pollution Control," of the Standard Specifications,
and theseto the requirements in Section 13, "Water Pollution Control," of the Standard Specifications, and these
construction details.construction details.construction details.
Water pollution control work shall also conform to the requirements and guidance included in the followingWater pollution control work shall also conform to the requirements and guidance
included in the followingWater pollution control work shall also conform to the requirements and guidance included in the following
Caltrans manuals:
1. Field Guide for Construction Site Dewatering.
2. Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP)
Preparation Manual (June 2011).
57
3. Construction Site Best Management Practices (BMP) Manual.
2019 STREET RECONSTRUCTION PROJECT 27 Spec. No. 19-09
4. Construction Site Monitoring Program (CSMP) Guidance Manual.
Manuals and templates are available at Caltrans Division of Construction website:
http://www.dot.ca.gov/hq/construc/stormwater/.
In addition, construction activities shall comply with:
1. The California Stormwater Quality Association Storm Water BMP Handbook for Construction (CASQAok for Construction (CASQA
Handbook). BMPs shall be selected, installed and maintained in accordance with the latest edition. AHandbook). BMPs shall be selected, installed and maintained in accordance with the
latest edition. AHandbook). BMPs shall be selected, installed and maintained in accordance with the latest edition. A
copy of the handbook can be downloaded from CASQA, http://www.casqa.org/.
In this technical specification the CASQA Handbook BMP numbers are appended to the associated Standardal specification the CASQA Handbook BMP numbers are appended to the associated Standardal
specification the CASQA Handbook BMP numbers are appended to the associated Standard
The Contractor shall become fully informed of, and comply with the applicable Federal, State and localal, State and localal, State and local
regulations that govern the Contractor's operations and storm water discharges from both the project site andregulations that govern the Contractor's operations and storm water discharges
from both the project site andregulations that govern the Contractor's operations and storm water discharges from both the project site and
areas of disturbance outside the project limits during construction.
Unless arrangements for disturbance of areas outside the project limits are made by the Department and madeproject limits are made by the Department and madeproject limits are made by
the Department and made
part of the contract, it is expressly agreed that the Department assumes no responsibility to the Contractor orpart of the contract, it is expressly agreed that the Department assumes
no responsibility to the Contractor orpart of the contract, it is expressly agreed that the Department assumes no responsibility to the Contractor or
property owner whatsoever with respect to any arrangements made between the Contractor and pproperty owner whatsoever with respect to any arrangements made between the Contractor and
pproperty owner whatsoever with respect to any arrangements made between the Contractor and property owner
to allow disturbance of areas outside the project limits.
failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited n "Water Pollution Control" including, but not limited n "Water
Pollution Control" including, but not limited n "Water Pollution Control" including, but not limited to,
compliance with the applicable provisions of Federal, State and local regulations. For the purposes of thiscompliance with the applicable provisions of Federal, State and local regulations.
For the purposes of thiscompliance with the applicable provisions of Federal, State and local regulations. For the purposes of thiscompliance with the applicable provisions of Federal,
State and local regulations. For the purposes of thiscompliance with the applicable provisions of Federal, State and local regulations. For the purposes of this
paragraph, costs and liabilities include but are not limited to fines, penalties and damaparagraph, costs and liabilities include but are not limited to fines, penalties and damaparagraph,
costs and liabilities include but are not limited to fines, penalties and damages whether assessed
against the State or the Contractor, including those levied under the Federal Clean Water Act and the Stateagainst the State or the Contractor, including those levied under the Federal
Clean Water Act and the Stateagainst the State or the Contractor, including those levied under the Federal Clean Water Act and the State
Porter Cologne Water Quality Act.
Conformance with the requirements of this section "Water Pollution Control," shall not relievConformance with the requirements of this section "Water Pollution Control," shall not relievConformance
with the requirements of this section "Water Pollution Control," shall not relieve the Contractor
from the Contractor's responsibilities, as provided in Section 5from the Contractor's responsibilities, as provided in Section 5from the Contractor's responsibilities, as provided in
Section 5-1.36, "Property and Facility Preservation," Section
7-1.05, "Indemnification," and Section 7-
SPILL PREVENTION
If a spill occurs at the construction site and the contractor does not take immediate and adequate steps to containccurs at the construction site and the contractor does not take immediate
and adequate steps to containccurs at the construction site and the contractor does not take immediate and adequate steps to contain
and clean up the spill, especially if rain is threatening or if a discharge to a storm drain or creek could occur, theand clean up the spill, especially if rain is threatening or if
a discharge to a storm drain or creek could occur, theand clean up the spill, especially if rain is threatening or if a discharge to a storm drain or creek could occur, the
City shall have the right, in its sole and absolute discretion, to clean up the spill using City forces or ansole and absolute discretion, to clean up the spill using City forces or
ansole and absolute discretion, to clean up the spill using City forces or an
independent contractor. The cost of any such cleanup, in addition to recovery of any penalty or fine imposedindependent contractor. The cost of any such cleanup, in addition to recovery
of any penalty or fine imposedindependent contractor. The cost of any such cleanup, in addition to recovery of any penalty or fine imposed
upon the City, plus an administrative charge of fifteen percent (15%) upon the City, plus an administrative charge of fifteen percent (15%) upon the City, plus an administrative charge
of fifteen percent (15%) upon the City, plus an administrative charge of fifteen percent (15%) upon the City, plus an administrative charge of fifteen percent (15%) of the costs incurred
by the City, shall be
deducted from any amounts owed to Contractor hereunder.deducted from any amounts owed to Contractor hereunder.deducted from any amounts owed to Contractor hereunder.
In the event there are insufficient amounts owed to Contractor hereunder to cover the foregoing costs andIn the event there are insufficient amounts owed to Contractor hereunder to cover
the foregoing costs andIn the event there are insufficient amounts owed to Contractor hereunder to cover the foregoing costs and
charges, the City shall have the right to pursue charges, the City shall have the right to pursue charges, the City shall have the right to pursue any other remedy to recover same, including,
but not limited to,
be in addition to and not in lieu of any imposed by the City against Contractobe in addition to and not in lieu of any imposed by the City against Contractobe in addition to and not
in lieu of any imposed by the City against Contractor for violations of City Code Chapter
The following additional BMPs shall be implemented for street paving, repaving, reconstruction, patching orThe following additional BMPs shall be implemented for street paving, repaving,
reconstruction, patching orThe following additional BMPs shall be implemented for street paving, repaving, reconstruction, patching or
resurfacing.resurfacing.resurfacing.
1. Restrict paving and repaving activity to exclude periods of rainfa1. Restrict paving and repaving activity to exclude periods of rainfa1. Restrict paving and repaving activity to
exclude periods of rainfall or predicted rainfall unless required
by emergency conditions;
2. Install gravel bags and filter fabric or other appropriate inlet protection at all susceptible storm drain
inlets and manholes to prevent paving products and tack coat from entering the storm drain;
3. Prevent the discharge of release agents including soybean oil, other oils, or diesel to the storm water
drainage system or watercourses;
4. Minimize non-storm water runoff from water use for the roller and for evaporative cooling of the asphalt;
5. Clean equipment over absorbent pads, drip pans, plastic sheeting or other material to capture all spillage
and dispose of properly
6. Collect liquid waste in a container, with a secure lid, for transport to a maintenance facility to be reused,
58
recycled, or disposed of properly per 13-4.03D(5);
2019 STREET RECONSTRUCTION PROJECT 28 Spec. No. 19-09
7. Collect solid waste by shoveling and vacuuming or sweeping and securing in an appropriate container
for transport to a maintenance facility to be reused, recycled, or disposed of properly per 13-4.03D(5);
8--mixed aggregate and asphalt binder) with protective sheeting during
a rainstorm per 13-4.03C(3);
9. Cover loads with tarp before haul-off to a storage site, ensuring that trucks are not overloaded;
10. Minimize airborne dust by using water spray during grinding per 14-9.03 and;
11. Avoid stockpiling soil, sand, sediment, asphalt material and asphalt grindings materials or rubble in or
near storm water drainage system or watercourses per 13-4.03C(1).
13-02.2 SWPPP Implementation. Upon approval of the SWPPP, the Contractor shall be responsibleUpon approval of the SWPPP, the Contractor shall be responsibleUpon approval of the SWPPP,
the Contractor shall be responsible
throughout the duration of the project for installing, constructing, inspecting and maintaining the controlthroughout the duration of the project for installing, constructing, inspecting
and maintaining the controlthroughout the duration of the project for installing, constructing, inspecting and maintaining the control
measures included in the SWPPP and any amendments thereto and for removing and disposing of temporaryg and disposing of temporaryg and disposing of temporary
control measures. Unless otherwise directed by the Engineer or specified in these construction details, thecontrol measures. Unless otherwise directed by the Engineer or specified in
these construction details, thecontrol measures. Unless otherwise directed by the Engineer or specified in these construction details, the
Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension ofContractor's responsibility for SWPPP implementation shall continue throughout
any temporary suspension ofContractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of
work ordered in accordance with Section 8-1.06, "Suspensions," of the Standard Specifications. Requirements1.06, "Suspensions," of the Standard Specifications. Requirements1.06, "Suspensions,"
of the Standard Specifications. Requirements
for installation, construction, inspection, maintenance, removal and disposal of control measures are specifiedfor installation, construction, inspection, maintenance, removal and disposal
of control measures are specifiedfor installation, construction, inspection, maintenance, removal and disposal of control measures are specified
in the Handbook and these construction details.
Soil stabilization practices and sediment control measures, including minimum requirements, shall be providedSoil stabilization practices and sediment control measures, including minimum
requirements, shall be providedSoil stabilization practices and sediment control measures, including minimum requirements, shall be provided
throughout the duration of the project.
Implementation of soil stabilization practices and sediment control measures for soilImplementation of soil stabilization practices and sediment control measures for soilImplementation
of soil stabilization practices and sediment control measures for soil-disturbed areas of the
project site shall be completed prior to the start of any other construction activities.project site shall be completed prior to the start of any other construction activities.project
site shall be completed prior to the start of any other construction activities.
The Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices andThe Contractor shall demonstrate the ability and preparedness to fully deploy
soil stabilization practices andThe Contractor shall demonstrate the ability and preparedness to fully deploy soil stabilization practices and
sediment control measures to protect soil-disturbed areas of the project site before the onset of precipitation.areas of the project site before the onset of precipitation.areas of the
project site before the onset of precipitation.areas of the project site before the onset of precipitation.
The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site equal to 30The Contractor shall maintain a quantity of soil stabilization and sediment
control materials on site equal to 30The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site equal to 30The Contractor shall maintain a
quantity of soil stabilization and sediment control materials on site equal to 30The Contractor shall maintain a quantity of soil stabilization and sediment control materials on site
equal to 30
percent of that sufficient to protect unprotected, soil-disturbed areas on the pdisturbed areas on the pdisturbed areas on the project site and shall maintain a
detailed plan for the mobilization of sufficient labor and equipment to fully deploy control measures required todetailed plan for the mobilization of sufficient labor and equipment
to fully deploy control measures required todetailed plan for the mobilization of sufficient labor and equipment to fully deploy control measures required to
protect unprotected, soil-disturbed areas on the project site prior to the onset of precipitation. The Contradisturbed areas on the project site prior to the onset of precipitation.
The Contradisturbed areas on the project site prior to the onset of precipitation. The Contractor
shall include a current inventory of control measure materials and the detailed mobilization plan as part of theshall include a current inventory of control measure materials and the
detailed mobilization plan as part of theshall include a current inventory of control measure materials and the detailed mobilization plan as part of the
SWPPP.
Soil-disturbed areas of the project site shall be considered to be nondisturbed areas of the project site shall be considered to be nondisturbed areas of the project site shall be considered
to be non-active whenever soil disturbing activities
are expected to be discontinued for a period of 10 or more days and the areas are fully protected. Areas that willbe discontinued for a period of 10 or more days and the areas are fully
protected. Areas that willbe discontinued for a period of 10 or more days and the areas are fully protected. Areas that will
become non-active shall be fully protected with soil stabilization practices and sediment control measures withinactive shall be fully protected with soil stabilization practices and
sediment control measures withinactive shall be fully protected with soil stabilization practices and sediment control measures within
5 days of the discontinuance of soil distur5 days of the discontinuance of soil distur5 days of the discontinuance of soil disturbing activities or prior to the onset of precipitation,
whichever is first tobing activities or prior to the onset of precipitation, whichever is first tobing activities or prior to the onset of precipitation, whichever is first to
occur.
Active soil-disturbed areas of the project site shall be fully protected at the end of each day with soil stabilizationdisturbed areas of the project site shall be fully protected at
the end of each day with soil stabilizationdisturbed areas of the project site shall be fully protected at the end of each day with soil stabilizationdisturbed areas of the project
site shall be fully protected at the end of each day with soil stabilizationdisturbed areas of the project site shall be fully protected at the end of each day with soil stabilization
practices and sediment control measures unless faipractices and sediment control measures unless faipractices and sediment control measures unless fair weather is predicted through the
following work day. The
weather forecast shall be monitored by the Contractor on a daily basis.weather forecast shall be monitored by the Contractor on a daily basis.weather forecast shall be monitored by the
Contractor on a daily basis.
The National Weather Service (http://www.weather.gov/) forecast shall be used. If precipitation is predicted priorThe National Weather Service (http://www.weather.gov/) forecast shall
be used. If precipitation is predicted priorThe National Weather Service (http://www.weather.gov/) forecast shall be used. If precipitation is predicted prior
to the end of the following work day, construction scheduling shall be modified, as required, and the Contractord of the following work day, construction scheduling shall be modified,
as required, and the Contractord of the following work day, construction scheduling shall be modified, as required, and the Contractor
shall deploy functioning control measures prior to the onset of the precipitation.shall deploy functioning control measures prior to the onset of the precipitation.shall deploy functioning
control measures prior to the onset of the precipitation.
The Contractor shall implement, yearThe Contractor shall implement, yearThe Contractor shall implement, yearThe Contractor shall implement, yearThe Contractor shall implement, year-round
and throughout the duration of the project, control measures
included in the SWPPP for sediment tracking, wind erosion, nonincluded in the SWPPP for sediment tracking, wind erosion, nonincluded in the SWPPP for sediment tracking, wind erosion,
non-stormwater management and waste
management and disposal.management and disposal.management and disposal.
The Engineer may order the suspension of construction operations which create water pollution if thThe Engineer may order the suspension of construction operations which create water
pollution if thThe Engineer may order the suspension of construction operations which create water pollution if the Contractor
fails to conform to the requirements of this section "Water Pollution Control" as determined by the Engineer.fails to conform to the requirements of this section "Water Pollution Control"
as determined by the Engineer.fails to conform to the requirements of this section "Water Pollution Control" as determined by the Engineer.
13-02.3 Maintenance.To ensure the proper implementation and functioning of control measures, the
Contractor shall regularly inspect and maintain the construction site for the control measures identified in the
SWPPP. The Contractor shall identify corrective actions and time frames to address any deficient measures or
reinitiate any measures that have been discontinued.
The construction site inspection checklist provided in the SWPPP-WPCP Preparation Manual shall be used to
59
ensure that the necessary measures are being properly implemented, and to ensure that the control measures
2019 STREET RECONSTRUCTION PROJECT 29 Spec. No. 19-09
are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer.
Inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as
follows:
1. Prior to a forecast storm;
2. After all precipitation which causes runoff capable of carrying sediment from the construction
site;
3. At 24 hour intervals during extended precipitation events; and
4. Routinely, at a minimum of once every 2 weeks.
If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified controlning of an identified controlning of an identified control
measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requestedmeasure, the deficiency shall be corrected by the Contractor immediately,
or by a later date and time if requestedmeasure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested
by the Contractor and approved by the Engineer in writing, but not later than the onset of subsequentby the Contractor and approved by the Engineer in writing, but not later than the
onset of subsequentby the Contractor and approved by the Engineer in writing, but not later than the onset of subsequent
precipitation events. The correction of deficiencies shall be at no additional cost to the State.
13-03. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Developing water supply and applying shall conform to the provisions in Section
17 of the Developing water supply and applying shall conform to the provisions in Section 17 of the
Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property r shall not be obtained from any of the nearby property r shall not
be obtained from any of the nearby property
owners without their written permission.
Payment: Full compensation for developing and applying water conforming to the above requirements shall be : Full compensation for developing and applying water conforming to the above
requirements shall be : Full compensation for developing and applying water conforming to the above requirements shall be
considered as included in the prices paid for the various contract items of work requiring water, and noarious contract items of work requiring water, and noarious contract items of
work requiring water, and no
additional compensation will be allowed therefore.
13-04. Construction Area Traffic Control Devices
13-04.1 General. Construction area traffic control signs shall be furnished, installed, maintained, . Construction area traffic control signs shall be furnished, installed, maintained,
. Construction area traffic control signs shall be furnished, installed, maintained, . Construction area traffic control signs shall be furnished, installed, maintained, and removed
when no longer required in accordance with the provisions in Section 7when no longer required in accordance with the provisions in Section 7when no longer required in accordance with
the provisions in Section 7when no longer required in accordance with the provisions in Section 7when no longer required in accordance with the provisions in Section 7--1.03 and Section
12 of the Standard1.03 and Section 12 of the Standard
Specifications, the California Manual on Uniform Traffic Control Devices, latest edition (MUTCD), theseSpecifications, the California Manual on Uniform Traffic Control Devices, latest
edition (MUTCD), theseSpecifications, the California Manual on Uniform Traffic Control Devices, latest edition (MUTCD), these
Construction Details, the Americans with Disabilities Act (ADA) and as directed by the Engineer.ns with Disabilities Act (ADA) and as directed by the Engineer.ns with Disabilities Act
(ADA) and as directed by the Engineer.
Notify Underground Services Alert (USA) at 811 or (800) 227Notify Underground Services Alert (USA) at 811 or (800) 227Notify Underground Services Alert (USA) at 811 or (800) 227--2600
a minimum of 2 working days prior to2600 a minimum of 2 working days prior to2600 a minimum of 2 working days prior to
installing signposts.
Attention is directed to Sections 7-1.03, "Public Convenience," 71.03, "Public Convenience," 71.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary
Traffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in theseTraffic Control," of the Standard Specifications and to the Section entitled
"Public Safety" elsewhere in theseTraffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these
Construction Details. Nothing in these construction details shall be construed as relieving the ContracConstruction Details. Nothing in these construction details shall be construed
as relieving the ContracConstruction Details. Nothing in these construction details shall be construed as relieving the Contractor from
these responsibilities.
13-04.2 Traffic Control Plan. Prior to commencing construction which will affect existing traffic, the ContractorPrior to commencing construction which will affect existing traffic,
the ContractorPrior to commencing construction which will affect existing traffic, the Contractor
shall submit for review by the Engineers, a Traffic Control Plan on 11" x 17" paper which contains onlyshall submit for review by the Engineers, a Traffic Control Plan on 11" x 17" paper
which contains onlyshall submit for review by the Engineers, a Traffic Control Plan on 11" x 17" paper which contains onlyshall submit for review by the Engineers, a Traffic Control
Plan on 11" x 17" paper which contains only
information specifically related to work zone traffic control, including pedestrian traffic control. The plan will showrmation specifically related to work zone traffic control, including
pedestrian traffic control. The plan will showrmation specifically related to work zone traffic control, including pedestrian traffic control. The plan will showrmation specifically
related to work zone traffic control, including pedestrian traffic control. The plan will showrmation specifically related to work zone traffic control, including pedestrian traffic
control. The plan will show
which MUTCD typical application is to be used for each work operation. A location specific traffic control planwhich MUTCD typical application is to be used for each work operation.
A location specific traffic control planwhich MUTCD typical application is to be used for each work operation. A location specific traffic control plan
detailing work zone traffic detailing work zone traffic detailing work zone traffic control during traffic signal shutcontrol during traffic signal shutcontrol during traffic signal
shut-downs required to perform signal rewiring work shall be
submitted a minimum of ten (10) working days in advance of the proposed shutsubmitted a minimum of ten (10) working days in advance of the proposed shutsubmitted a minimum of ten (10)
working days in advance of the proposed shut-down. If the Contractor
proposed to use the current edition of the MUTCD in specific worproposed to use the current edition of the MUTCD in specific worproposed to use the current edition of the MUTCD in specific
work operations, they shall submit in writing for
consideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan orconsideration which Typical Application Diagram will be used for each work
operation. A Traffic Control Plan orconsideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan or
proposal shall be submitted to the Engineer for review at least two weeks prior to implementationproposal shall be submitted to the Engineer for review at least two weeks prior to implementationpropo
sal shall be submitted to the Engineer for review at least two weeks prior to implementationproposal shall be submitted to the Engineer for review at least two weeks prior to implementationproposal
shall be submitted to the Engineer for review at least two weeks prior to implementation.
The Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineerThe Traffic Control Plan shall be prepared by, sealed and signed a California
licensed civil or traffic engineerThe Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineer
and contain a title block which contains the Contractor's name, address, phone number, project superintendent'sand contain a title block which contains the Contractor's name, address,
phone number, project superintendent'sand contain a title block which contains the Contractor's name, address, phone number, project superintendent's
name, contract name, dates aname, contract name, dates aname, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.
The content of the Traffic Control Plan shall include, but is not limited to, the following:The content of the Traffic Control Plan shall include, but is not limited to, the following:The
content of the Traffic Control Plan shall include, but is not limited to, the following:
A. Show location and limits of the work zone.
B. Give dimensions of lanes affected by traffic control that will be open to traffic.
C. Indicate signing, cone placement, and other methods of delineation and reference to appropriate
City or Caltrans standard.
D. Dimension location of signs and cone tapers.
E. Identify side streets and driveways affected by construction and show how they will be handled.
F. Show how pedestrian traffic will be handled through the construction site.
5:
2019 STREET RECONSTRUCTION PROJECT 30 Spec. No. 19-09
G. Show how public transit will be handled through the construction area.
H. Demonstrate how two-way traffic will be maintained.
I. Show how traffic will be maintained through intersections during traffic signal shut-downs.
J. Identify message board locations. A minimum of 4 changeable message boards and 4 arrow
boards shall be required.
No work except for installation of project identification signs will be allowed to commence prior to approval of the
Work Zone Traffic Control Plan.
13-04.3 Materials. All traffic cones used for night lane closures shall have reflective cone sleeves as specifiedAll traffic cones used for night lane closures shall have reflective
cone sleeves as specifiedAll traffic cones used for night lane closures shall have reflective cone sleeves as specified
in the specifications.
The second and third paragraphs of Section 12-3.10, "Traffic Cones," of the Standard Specifications are3.10, "Traffic Cones," of the Standard Specifications are3.10, "Traffic Cones,"
of the Standard Specifications are
amended to read:
sheeting of sleeves on the traffic cones shall be visible at 1,000 feet at night under illumination of legale visible at 1,000 feet at night under illumination of legale visible at 1,000
feet at night under illumination of legal
Reflective cone sleeves shall conform to the following:
1. Removable flexible reflective cone sleeves shall be fabricated1. Removable flexible reflective cone sleeves shall be fabricated1. Removable flexible reflective cone sleeves shall
be fabricated from the reflective sheeting specified infrom the reflective sheeting specified infrom the reflective sheeting specified in
the construction details, have a minimum height of 13 inches and shall be placed a maximum of 3 inchesthe construction details, have a minimum height of 13 inches and shall be placed
a maximum of 3 inchesthe construction details, have a minimum height of 13 inches and shall be placed a maximum of 3 inches
from the top of the cone. The sleeves shall not be in place during daylight hours.from the top of the cone. The sleeves shall not be in place during daylight hours.from the top of the
cone. The sleeves shall not be in place during daylight hours.
2. Permanently affixed semitransparent reflective cone sleeves shall be fabricated from thetransparent reflective cone sleeves shall be fabricated from thetransparent reflective cone
sleeves shall be fabricated from thetransparent reflective cone sleeves shall be fabricated from the
semitransparent reflective sheeting specified in the construction details, have a minimum height of 13semitransparent reflective sheeting specified in the construction details, have
a minimum height of 13semitransparent reflective sheeting specified in the construction details, have a minimum height of 13semitransparent reflective sheeting specified in the construction
details, have a minimum height of 13semitransparent reflective sheeting specified in the construction details, have a minimum height of 13
inches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic coneinches, and shall be placed a maximum of 3 inches from the top of the cone. Traffic coneinches,
and shall be placed a maximum of 3 inches from the top of the cone. Traffic cones with
semitransparent reflective cone sleeves may be used during daylight hours.semitransparent reflective cone sleeves may be used during daylight hours.semitransparent reflective cone sleeves
may be used during daylight hours.
3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective
bands. The top3. Permanently affixed double band reflective cone sleeves shall have 2 white reflective bands. The top
band shall be 6 inches in height, placed a maximum of 4 inches from thband shall be 6 inches in height, placed a maximum of 4 inches from thband shall be 6 inches in height, placed a
maximum of 4 inches from the top of the cone. The lower
band shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones withband shall be 4 inches in height, placed 2 inches below the bottom of the top band.
Traffic cones withband shall be 4 inches in height, placed 2 inches below the bottom of the top band. Traffic cones with
double band reflective cone sleeves may be used during daylight hours.double band reflective cone sleeves may be used during daylight hours.double band reflective cone sleeves may be
used during daylight hours.
The type of reflective cone sleeve used shall be at The type of reflective cone sleeve used shall be at The type of reflective cone sleeve used shall be at the option of the Contractor.
Only one type of reflective conethe option of the Contractor. Only one type of reflective conethe option of the Contractor. Only one type of reflective cone
sleeve shall be used on the project.
Lane closures shall conform to the provisions in the section of these construction details entitled "Traffic ControlLane closures shall conform to the provisions in the section of these
construction details entitled "Traffic ControlLane closures shall conform to the provisions in the section of these construction details entitled "Traffic Control
System for Lane Closure."
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, includinghicles of the Contractor's employees shall not be parked on the traveled
way or shoulders, includinghicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any
section closed to public traffic.section closed to public traffic.section closed to public traffic.
The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun.The Contractor shall notify local authorities of his intent to begin work
at least 5 days before work is begun.The Contractor shall notify local authorities of his intent to begin work at least 5 days before work is begun.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall makeContractor shall cooperate with local authorities relative to handling
traffic through the area and shall makeContractor shall cooperate with local authorities relative to handling traffic through the area and shall make
his own arrangements relative to keeping the working area clear of parked vehicles.his own arrangements relative to keeping the working area clear of parked vehicles.his own arrangements
relative to keeping the working area clear of parked vehicles.his own arrangements relative to keeping the working area clear of parked vehicles.his own arrangements relative to keeping
the working area clear of parked vehicles.
Whenever vehicles or equipment are parked on the shoulder wWhenever vehicles or equipment are parked on the shoulder wWhenever vehicles or equipment are parked on the shoulder within
6 feet of a traffic lane, the shoulder area
shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parkedshall be closed with fluorescent traffic cones or portable delineators
placed on a taper in advance of the parkedshall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked
vehicles or equipment and along the edge of the pavement at 25vehicles or equipment and along the edge of the pavement at 25vehicles or equipment and along the edge of the pavement at
25-foot intervals to a point not less than 25 feet
past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for thepast the last vehicle or piece of equipment. A minimum of 9 cones or portable
delineators shall be used for thepast the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the
taper.taper.taper.
A minimum of one paved traffic lane, not less than 10 feet wide, shall be open for use by public traffic. When
construction operations are not actively in progress, not less than 2 such lanes shall be open to public traffic.
No work that interferes with public traffic shall be performed between 7 a.m. and 9 a.m. nor between 3 p.m. and 6
p.m. except work required under said Sections 7-1.03 and 7-1.04.
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Except as otherwise provided, the full width of the traveled way shall be open for use by public traffic on
2019 STREET RECONSTRUCTION PROJECT 31 Spec. No. 19-09
Saturdays, Sundays, and designated legal holidays; after 3:00 p.m. on Fridays and the day preceding designated
legal holidays; and when construction operations are not actively in progress. On Saturdays, Sundays and
designated legal holidays, one lane may be closed to public traffic for the sole purpose of maintaining the surface
as required in Section 37-2.03H, "Finishing," of the Standard Specifications. Lane closures on Saturdays, Sundays
and designated legal holidays shall be restricted to daylight hours when public traffic will be least inconvenienced
and delayed, as determined by the Engineer.
Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, thelidays are: January 1st, the third Monday in February, the last Monday
in May, July 4th, the
first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legalfirst Monday in September, November 11th, Thanksgiving Day, and December 25th. When
a designated legalfirst Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal
holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th fallsesignated legal holiday. When November 11th fallsesignated legal holiday.
When November 11th falls
on a Saturday, the preceding Friday shall be a designated legal holiday.
Minor deviations from the requirements of this section concerning hours of work which do not significantlyMinor deviations from the requirements of this section concerning hours of work
which do not significantlyMinor deviations from the requirements of this section concerning hours of work which do not significantly
change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of therk may be permitted upon the written request of the Contractor if in the
opinion of therk may be permitted upon the written request of the Contractor if in the opinion of the
Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted untilEngineer public traffic will be better served and the work expedited.
Such deviations shall not be adopted untilEngineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until
the Engineer has indicated his written approval. All other modifications will be made by contract change order.her modifications will be made by contract change order.her modifications
will be made by contract change order.
13-04.4 Construction. No work shall commence until traffic control signing has been approved by the Engineer.. No work shall commence until traffic control signing has been approved
by the Engineer.. No work shall commence until traffic control signing has been approved by the Engineer.
Exact locations of Project Identification signs and Advance Notice signs (Section 12Exact locations of Project Identification signs and Advance Notice signs (Section 12Exact locations
of Project Identification signs and Advance Notice signs (Section 12---4 4 4 "Maintaining Traffic") shall"Maintaining Traffic") shall"Maintaining Traffic") shall be
determined in the field by the Engineer.
Except as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any otherExcept as noted elsewhere, only one lane may be closed at a time and no lanes
shall be closed at any otherExcept as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any other
hours unless specifically approved by the Engineer. The Contractor shall mahours unless specifically approved by the Engineer. The Contractor shall mahours unless specifically approved
by the Engineer. The Contractor shall maintain vehicle access to adjacentintain vehicle access to adjacentintain vehicle access to adjacent
streets, homes, businesses and other properties at all times while work is in progress except when necessarystreets, homes, businesses and other properties at all times while work is
in progress except when necessarystreets, homes, businesses and other properties at all times while work is in progress except when necessarystreets, homes, businesses and other properties
at all times while work is in progress except when necessary
construction precludes such access for reasonable periods of time as determined by the Engineer.construction precludes such access for reasonable periods of time as determined by the
Engineer.construction precludes such access for reasonable periods of time as determined by the Engineer.construction precludes such access for reasonable periods of time as determined
by the Engineer.construction precludes such access for reasonable periods of time as determined by the Engineer.
When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones ornes or delineators are used to delineate a temporary edge of a traffic
lane, the line of cones ornes or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or
delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce thedelineators shall be considered to be the edge of the traffic lane, however,
the Contractor shall not reduce thedelineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the
width of an existing lane to less than 10 feet without written approval from the Engineer.t without written approval from the Engineer.t without written approval from the Engineer.
The Contractor will be required to maintain vehicle access to homes, businesses and other properties within theThe Contractor will be required to maintain vehicle access to homes, businesses
and other properties within theThe Contractor will be required to maintain vehicle access to homes, businesses and other properties within the
block where work is in progress.
The Contractor shall not park construction vehicles contractor eThe Contractor shall not park construction vehicles contractor eThe Contractor shall not park construction vehicles contractor
employee vehicles, stage materials or stockpiles
in front of any business or residential driveway access and the Contractor shall maintain access to privatein front of any business or residential driveway access and the Contractor
shall maintain access to privatein front of any business or residential driveway access and the Contractor shall maintain access to private
parking lots where work is in progress. Construction vehicles shall not be left running for any lengparking lots where work is in progress. Construction vehicles shall not be left running
for any lengparking lots where work is in progress. Construction vehicles shall not be left running for any length of time if
parked in front of a business or residential unit.parked in front of a business or residential unit.parked in front of a business or residential unit.
The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way.The Contractor shall keep the City of Ukiah Fire Department informed regarding
the closure of any traveled way.The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way.The Contractor shall keep the City of
Ukiah Fire Department informed regarding the closure of any traveled way.The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way.
At
a minimum, the Contractor shall call the Fire Department at (707) 463a minimum, the Contractor shall call the Fire Department at (707) 463a minimum, the Contractor shall call the Fire
Department at (707) 463-6261 daily to report any traveled way
closure. This requirement applies immediately upon closure for that day and again immediately after removal ofclosure. This requirement applies immediately upon closure for that day
and again immediately after removal ofclosure. This requirement applies immediately upon closure for that day and again immediately after removal of the
closure. For closures over multiple days, the daily notification still applies. This requirement does not aclosure. For closures over multiple days, the daily notification still applies.
This requirement does not aclosure. For closures over multiple days, the daily notification still applies. This requirement does not apply for
single lane closures on multiple lane local streets.single lane closures on multiple lane local streets.single lane closures on multiple lane local streets.
If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will beIf the Contractor has been given an approved Traffic Control Plan that includes
road closures, they will beIf the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be
required to maintain vehicular access to homes and other properties where work is in required to maintain vehicular access to homes and other properties where work is in required to
maintain vehicular access to homes and other properties where work is in required to maintain vehicular access to homes and other properties where work is in required to maintain vehicular
access to homes and other properties where work is in progress within the closure
area.area.
The Contractor shall maintain vehicle access to all homes and other properties along the work zone. DuringThe Contractor shall maintain vehicle access to all homes and other properties
along the work zone. DuringThe Contractor shall maintain vehicle access to all homes and other properties along the work zone. During
paving operations, the Contractor will be allowed to temporarily suspend vehicle access to a limited number of paving operations, the Contractor will be allowed to temporarily suspend
vehicle access to a limited number of paving operations, the Contractor will be allowed to temporarily suspend vehicle access to a limited number of
dridridriveways when approved by the Engineer. When approved by the Engineer and at least 72 hours prior toveways when approved by the Engineer. When approved by the Engineer and at
least 72 hours prior toveways when approved by the Engineer. When approved by the Engineer and at least 72 hours prior to
suspending access to any driveway, the Contractor shall give both written and verbal notice to the affectedsuspending access to any driveway, the Contractor shall give both written and
verbal notice to the affectedsuspending access to any driveway, the Contractor shall give both written and verbal notice to the affected
businesses and residents and place barricades adjbusinesses and residents and place barricades adjacent to the driveways with posted notices stating the specific
dates and times of the suspension for that area. Suspension of access to driveway will be permitted only as
approved by the Engineer and only between the hours of 7:00 am and 7:00 pm.
Existing and regulatory signs are to be temporarily relocated, as directed by the Engineer, until new traffic signals
are in place and operable for two-way traffic.
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2019 STREET RECONSTRUCTION PROJECT 32 Spec. No. 19-09
Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to
notify each owner or tenant verbally that work will be underway within his block between stated hours, and request
that cars be parked out of the roadway by 9:00 a.m. Service of notice shall not bar use of cars within the block;
however, as individual plans change and emergencies may arise.
Cross streets will require maintenance of at least one-half (½) width of each street for traffic purposes, unless a
parallel route is approved by the Engineer. Flagging will only be allowed between the hours of 9:00 a.m. and
3:00 p.m.
Existing traffic signals shall remain in service at all times, except during City approved signal shut-downsdownsdowns
required for rewiring the traffic signals to accomplish the signal modifications as shown on the Plans. Traffirequired for rewiring the traffic signals to accomplish the signal modifications
as shown on the Plans. Traffirequired for rewiring the traffic signals to accomplish the signal modifications as shown on the Plans. Trafficcc
signal shut-downs require an approved traffic control plan, and shall be coordinate with the City a minimum ofdowns require an approved traffic control plan, and shall be coordinate
with the City a minimum ofdowns require an approved traffic control plan, and shall be coordinate with the City a minimum of
five (5) working days in advance of the shut-down. Traffic signal shut-downs shall be approved in writing by thedowns shall be approved in writing by thedowns shall be approved in writing
by the
City. Traffic signal shut-downs and related work shall be performed at night between the hours of 10:00 PM ands and related work shall be performed at night between the hours of 10:00
PM ands and related work shall be performed at night between the hours of 10:00 PM and
6:00 AM, unless otherwise approved in writing by the City.
Barricades and flaggers shall be positioned to allow safe turns at intersections.
13-04.5 Pedestrian Traffic. The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in theContractor is directed to Chapter 6D, Pedestrian and Worker Safety, in theContractor
is directed to Chapter 6D, Pedestrian and Worker Safety, in the
California MUTCD, the improvement Plans, and these Construction Details.California MUTCD, the improvement Plans, and these Construction Details.
Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates thPedestrians shall be provided with a safe, convenient and accessible path that,
at a minimum, replicates thPedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the
most desirable characteristics of the existing sidewalk, path or footpath.most desirable characteristics of the existing sidewalk, path or footpath.most desirable characteristics of
the existing sidewalk, path or footpath.
The Contractor shall construct and maintain temporary pedestrian pathways through the work zone, whereThe Contractor shall construct and maintain temporary pedestrian pathways through
the work zone, whereThe Contractor shall construct and maintain temporary pedestrian pathways through the work zone, whereThe Contractor shall construct and maintain temporary pedestrian
pathways through the work zone, where
required, that shall be in compliance with the requirements of the Americanrequired, that shall be in compliance with the requirements of the Americanrequired, that shall be in compliance
with the requirements of the Americanrequired, that shall be in compliance with the requirements of the Americanrequired, that shall be in compliance with the requirements of the Americans
with Disabilities Act (ADA) and the
California MUTCD.
Pedestrian routes shall not be impacted for the purposes of any nonPedestrian routes shall not be impacted for the purposes of any nonPedestrian routes shall not be impacted for the
purposes of any non-construction activities such as parking of
vehicles or equipment, or stock piling of materials.vehicles or equipment, or stock piling of materials.vehicles or equipment, or stock piling of materials.
Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations.conflicts with work site vehicles, equipment or operations.conflicts with work site vehicles,
equipment or operations.
13-04.6 Flagging. The first paragraph of Section 12The first paragraph of Section 12The first paragraph of Section 12-1.03, "Flagging Costs" is amended to read:
The cost of furnishing all flaggers, including transporting flaggers, to provide for passage of pubThe cost of furnishing all flaggers, including transporting flaggers, to provide for
passage of pubThe cost of furnishing all flaggers, including transporting flaggers, to provide for passage of public traffic through
the work under the provisions in Section 7the work under the provisions in Section 7the work under the provisions in Section 7---1.03, "Public Convenience", and Section 71.03, "Public
Convenience", and Section 71.03, "Public Convenience", and Section 7-1.04, "Public Safety", shall
allowance will be made therefor.l be made therefor.l be made therefor.
13-05.Construction SurveyingConstruction SurveyingConstruction Surveyingand Staking. Construction surveying including horizontal and vertical control
and staking shall be the responsibility of the Contractor. Vertical and horizontal control is to be established from and staking shall be the responsibility of the Contractor. Vertical
and horizontal control is to be established from and staking shall be the responsibility of the Contractor. Vertical and horizontal control is to be established from
the existing Control Points shown on the Plans. Vertical Control Points are shown on the Plans.sting Control Points shown on the Plans. Vertical Control Points are shown on the Plans.sting
Control Points shown on the Plans. Vertical Control Points are shown on the Plans.
Measurement and PaymentMeasurement and PaymentMeasurement and PaymentMeasurement and PaymentMeasurement and Payment. Full compensation for Construction Survey will be measured and
paid for at the contract lump sum price and shall include full compensation fopaid for at the contract lump sum price and shall include full compensation fopaid for at the contract lump
sum price and shall include full compensation for furnishing all labor, materials,
tools, equipment and incidentals for performing all work involved in establishing and maintaining verticaltools, equipment and incidentals for performing all work involved in establishing
and maintaining verticaltools, equipment and incidentals for performing all work involved in establishing and maintaining vertical
control and horizontal control, staking, and related construction surveying required to perform the Work, andcontrol and horizontal control, staking, and related construction surveying
required to perform the Work, andcontrol and horizontal control, staking, and related construction surveying required to perform the Work, and
no ano ano additional allowances will be made therefor.dditional allowances will be made therefor.dditional allowances will be made therefor.
131313---0006. Surplus Material. All material removed or excavated during the course of construction will be surplus. All
surplus material will be the property of the Contractor and be disposed of outside the rightsurplus material will be the property of the Contractor and be disposed of outside the rightsurplus
material will be the property of the Contractor and be disposed of outside the right-of-way.
13-07. Dust Control. Dust control shall conform to the provisions in Section 10 of the Standard Specifications
and these Special Provisions.
Full compensation for dust control shall be considered as included in the prices paid for the various contract
items of work, and no additional compensation will be allowed therefore.
63
2019 STREET RECONSTRUCTION PROJECT 33 Spec. No. 19-09
.
13-08. Mobilization. This item consists of preparatory work and operations as noted in Section 11-1.01,
, of the Caltrans Standard Specifications.
Payment:Mobilization will be considered as included in the various items of work, which price shall include all
labor, materials, and equipment and incidentals, and for doing all work involved in mobilization and specified herein. labor, materials, and equipment and incidentals, and for doing
all work involved in mobilization and specified herein. labor, materials, and equipment and incidentals, and for doing all work involved in mobilization and specified herein.
13-09.Clearing and Grubbing.
removal shall conform to applicable provisions of Section 15-3 of the Standard Specifications and these Special 3 of the Standard Specifications and these Special 3 of the Standard Specifications
and these Special
Provisions.
-
Specifications.
All concrete which is to be removed from sidewalk, curb, gutter, and gutter pan, shall be removed to the nearest and gutter pan, shall be removed to the nearest and gutter pan, shall
be removed to the nearest
score mark or construction joint as directed by the Engineer unless otherwise noted on plans.score mark or construction joint as directed by the Engineer unless otherwise noted on plans.score
mark or construction joint as directed by the Engineer unless otherwise noted on plans.
Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will be Reinforcing steel may be encountered in portions of concrete to be removed
and no additional allowance will be Reinforcing steel may be encountered in portions of concrete to be removed and no additional allowance will be
made for the removal of such steel.
Sawcut: Where no joint exists between concrete or asphalt concrete to be removed and concrete or asphalt Sawcut: Where no joint exists between concrete or asphalt concrete to be removed
and concrete or asphalt Sawcut: Where no joint exists between concrete or asphalt concrete to be removed and concrete or asphalt
concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to a minimum depth of 2 concrete to remain in place, the concrete or asphalt concrete shall
be cut in a neat line to a minimum depth of 2 concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to a minimum depth of 2 concrete to remain in
place, the concrete or asphalt concrete shall be cut in a neat line to a minimum depth of 2
inches with a power driven saw before the concrete or asphalt concrete is removed. All sawcutting operations shall ches with a power driven saw before the concrete or asphalt concrete
is removed. All sawcutting operations shall ches with a power driven saw before the concrete or asphalt concrete is removed. All sawcutting operations shall ches with a power driven
saw before the concrete or asphalt concrete is removed. All sawcutting operations shall ches with a power driven saw before the concrete or asphalt concrete is removed. All sawcutting
operations shall
Full compensation for concrete saw cutting and removal of concrete will be considered as included in the pFull compensation for concrete saw cutting and removal of concrete will be considered
as included in the pFull compensation for concrete saw cutting and removal of concrete will be considered as included in the prices
paid for various contract items of work, which price shall include full compensation for furnishing all labor, materials, paid for various contract items of work, which price shall include
full compensation for furnishing all labor, materials, paid for various contract items of work, which price shall include full compensation for furnishing all labor, materials,
tools and equipment and doing all work involved in concrete saw cutting and removal of sidewalk, curb & gutter, as tools and equipment and doing all work involved in concrete saw cutting
and removal of sidewalk, curb & gutter, as tools and equipment and doing all work involved in concrete saw cutting and removal of sidewalk, curb & gutter, as
specified herein, and as directed by the Engineer and no additional allowance will be made therefor.ein, and as directed by the Engineer and no additional allowance will be made therefor.ein,
and as directed by the Engineer and no additional allowance will be made therefor.
All improvements which are not planned to be removed as part of this work, but are damaged or destroyed by All improvements which are not planned to be removed as part of this work,
but are damaged or destroyed by All improvements which are not planned to be removed as part of this work, but are damaged or destroyed by
ind or restored to a condition as good as when the
The Contractor shall dispose of all debris off site and in a legal manner.The Contractor shall dispose of all debris off site and in a legal manner.The Contractor shall dispose of all
debris off site and in a legal manner.The Contractor shall dispose of all debris off site and in a legal manner.
Payment: Full compensation for : Full compensation for : Full compensation for clearing and grubbingclearing and grubbing shall be considered as included in the prices paid for the
various contract items of work and no additional allowance will be made therefore.various contract items of work and no additional allowance will be made therefore.various contract items
of work and no additional allowance will be made therefore.
13-10.Earthwork: Earthwork: Earthwork: Roadway excavation shall conform to the applicable provisions of Section 19 of the Standard Roadway excavation shall conform to the applicable
provisions of Section 19 of the Standard Roadway excavation shall conform to the applicable provisions of Section 19 of the Standard
Specifications, Specifications, Specifications, with the following modifications and additional requirements:with the following modifications and additional requirements:with the following
modifications and additional requirements:
Roadway excavation shall include all excavation, embankment construction, disposal of excess material, and other Roadway excavation shall include all excavation, embankment construction,
disposal of excess material, and other Roadway excavation shall include all excavation, embankment construction, disposal of excess material, and other Roadway excavation shall include
all excavation, embankment construction, disposal of excess material, and other Roadway excavation shall include all excavation, embankment construction, disposal of excess material,
and other
work as specified herein.work as specified herein.work as specified herein.
The Contractor shall furnish an excavation and pavingThe Contractor shall furnish an excavation and pavingThe Contractor shall furnish an excavation and paving plan with requested locations
for reference point locations.
The Engineer shall provide reference points and cut sheets for the excavation of the roadway. The Contractor shall The Engineer shall provide reference points and cut sheets for the
excavation of the roadway. The Contractor shall The Engineer shall provide reference points and cut sheets for the excavation of the roadway. The Contractor shall
furnish a qualified grade setter to insure that the subgrade conforms to the lfurnish a qualified grade setter to insure that the subgrade conforms to the lfurnish a qualified grade
setter to insure that the subgrade conforms to the lines and grades established by the
Engineer.Engineer.Engineer.
Roadway excavation shall consist of excavation of the roadway prism within the limits for road and alley
reconstruction, as shown on the Project Plans, and disposal of excess material, as specified herein. Any additional
excavation in terms of horizontal or vertical extent performed by the Contractor beyond the limits of the road
reconstruction shown on the Project Plans shall be filled with aggregate base in accordance with Section 26 of
these Special Provisio
64
The Contractor will not be required to compact undisturbed roadbed native subgrade material for roadway sections.
2019 STREET RECONSTRUCTION PROJECT 34 Spec. No. 19-09
Roadway excavation shall be performed from an existing asphalt concrete or Portland cement concrete surface
utilizing an excavator or with a pavement grinder. Subgrade can be trimmed with light tracked equipment when
approved by the Engineer. No rubber tired equipment shall be allowed on the subgrade. Attention is directed to
section 12-
vertical locations of all known utilities shall be determined by the contractor prior to excavating or grinding.
The Contractor shall note that there are street trees near areas intended for roadway excavation. The Contractors
operation, including the size of the equipment, shall be such, so as to insure that existing street trees are not operation, including the size of the equipment, shall be such, so as
to insure that existing street trees are not
damaged. Where limited clearance under the street trees prevents the use of an excavator, excavation shall be vator, excavation shall be vator, excavation shall be
performed by an alternate method as approved by the Engineer. Alternate methods may include jack-hammering hammering hammering
and removal of existing pavement and base materials by hand, or by use of smaller equipment.
Where tree roots are encountered during roadway excavation the Contractor shall cut the roots off six inches below tered during roadway excavation the Contractor shall cut the roots
off six inches below tered during roadway excavation the Contractor shall cut the roots off six inches below
the planned subgrade. Each cut shall be clean with no torn bark or splintered wood remaining on the root and shall the planned subgrade. Each cut shall be clean with no torn bark or
splintered wood remaining on the root and shall the planned subgrade. Each cut shall be clean with no torn bark or splintered wood remaining on the root and shall
be accomplished by use of a saw appropriate for the size of the root to be cut.
Removal of existing bituminous pavement, Portland concrete cement and base materials within the roadway will be concrete cement and base materials within the roadway will be concrete
cement and base materials within the roadway will be
paid for as roadway excavation and no additional allowance made therefor.
The Roadway Excavation quantity shall be considered final pay (F) as described in Section 9as described in Section 9as described in Section 9-1.015 of the
Standard Specifications.
The quantity of Roadway Excavation to be paid includes anticipated excavation for all alley, road and edge The quantity of Roadway Excavation to be paid includes anticipated excavation
for all alley, road and edge The quantity of Roadway Excavation to be paid includes anticipated excavation for all alley, road and edge
conforms and necessary root pruning. Payment will conform to Section 9to Section 9to Section 9--1.015 of the Standard Specifications.1.015 of the Standard Specifications.1.015 of the
Standard Specifications.
13-11.Subgrade Enhancement Geotextile
13-11.1Materials: Soil stabilization fabric shall be installed per manufacturer: Soil stabilization fabric shall be installed per manufacturer: Soil stabilization fabric shall be installed
per manufacturers recommendations and shall meet or
exceed the following specifications:
Grab Tensile Strength (ASTM D4632) Tensile Strength (ASTM D4632) Tensile Strength (ASTM D4632) 290 lb.
Mullin Burst Strength (ASTM D3786) Mullin Burst Strength (ASTM D3786) Mullin Burst Strength (ASTM D3786) 500 psi
Trapezoid Tearing Strength (ASTM D4533) Trapezoid Tearing Strength (ASTM D4533) Trapezoid Tearing Strength (ASTM D4533) 113 lb.
Modulus (Load at 10% Elongation) (ASTM D4632) Modulus (Load at 10% Elongation) (ASTM D4632) Modulus (Load at 10% Elongation) (ASTM D4632) 120 lb.
Apparent Opening Size (Apparent Opening Size (Apparent Opening Size (ASTM D4751) ASTM D4751) ASTM D4751) 40-70 sieve
Permittivity (ASTM D4491) Permittivity (ASTM D4491) Permittivity (ASTM D4491) 0.05 sec-1
Soil stabilization fabric shall be Mirafi 600Soil stabilization fabric shall be Mirafi 600Soil stabilization fabric shall be Mirafi 600-X, GeoTex 315ST, Carthage Mills FX-66, TerraTex
HD, or approved
equivalent.
The soil stabilization fabric shall be held in placeThe soil stabilization fabric shall be held in placeThe soil stabilization fabric shall be held in place with wooden stakes driven
through the fabric into the subgrade at
the beginning and the end of the fabric and at 50 foot intervals. A minimum of three stakes shall be placed across the beginning and the end of the fabric and at 50 foot intervals.
A minimum of three stakes shall be placed across the beginning and the end of the fabric and at 50 foot intervals. A minimum of three stakes shall be placed across
the width of the fabric roll at each interval. The stakes shall be a minthe width of the fabric roll at each interval. The stakes shall be a minthe width of the fabric roll at each
interval. The stakes shall be a minimum length of 8-inches and shall be driven at
an angle opposite to the direction of pull exerted on the fabric by the paving machine.an angle opposite to the direction of pull exerted on the fabric by the paving machine.an angle
opposite to the direction of pull exerted on the fabric by the paving machine.
Soil stabilization fabric shall be placed over the entire subgrade area.Soil stabilization fabric shall be placed over the entire subgrade area.Soil stabilization fabric shall be placed
over the entire subgrade area.Soil stabilization fabric shall be placed over the entire subgrade area.Soil stabilization fabric shall be placed over the entire subgrade area.
Quantities of Soil Stabilization Fabric to be Quantities of Soil Stabilization Fabric to be Quantities of Soil Stabilization Fabric to be paid for shall be computed on the basis of the
exact amount of area
covered in the field.covered in the field.covered in the field.
131313--11.211.211.2Payment: Soil Stabilization Fabric shall be paid for at the contract price per square yard as measured in
the field. Payment shall include full compensatiothe field. Payment shall include full compensatiothe field. Payment shall include full compensation for doing all work involved in
placing the fabric including root
pruning labor, materials, tools and equipment, and no additional allowance will be made therefor.pruning labor, materials, tools and equipment, and no additional allowance will be made
therefor.
13-11.3Subgradestabilization: shall conform to the details shown on the Project Plans and as specified herein.
Class 2 aggregate base. The exact locations for subgrade stabilization shall be marked in the field by the Engineer
after roadway excavation is complete. Use of an excavator shall be considered an acceptable method of
65
excavation of areas requiring subgrade stabilization. No additional compensation will be made for excavation and
2019 STREET RECONSTRUCTION PROJECT 35 Spec. No. 19-09
stabilization beyond the limits of the areas marked by the Engineer or for excavation and stabilization of locations
other than those marked by the Engineer. Any excavation for subgrade stabilization done by the Contractor to
accommodate equipment width beyond the limits of the areas marked by the Engineer shall be at the Contractors
expense.
Prior to placement of soil stabilization fabric, the Contractor shall remove all loose dirt left from excavation
operations.
Excavation for Subgrade Stabilization repairs shall not be included in payment for Roadway Excavation.Excavation for Subgrade Stabilization repairs shall not be included in payment for
Roadway Excavation.
Payment: Subgrade Stabilization shall be paid for at the contract price per square yard as measured in the field. shall be paid for at the contract price per square yard as measured
in the field. shall be paid for at the contract price per square yard as measured in the field.
Price shall include full compensation for doing all work involved in stabilizing the subgrade as specified herein l include full compensation for doing all work involved in stabilizing
the subgrade as specified herein l include full compensation for doing all work involved in stabilizing the subgrade as specified herein
including labor, materials, tools and equipment, excavation, compaction, stabilization fabric and as specified in including labor, materials, tools and equipment, excavation, compaction,
stabilization fabric and as specified in including labor, materials, tools and equipment, excavation, compaction, stabilization fabric and as specified in
these Special Provisions or on the Project Plans, and no additional allowance will be made therefor.ject Plans, and no additional allowance will be made therefor.ject Plans, and no additional
allowance will be made therefor.
The estimated quantity of Subgrade Stabilization is for bidding purposes only. This quantity may be increased, The estimated quantity of Subgrade Stabilization is for bidding purposes
only. This quantity may be increased, The estimated quantity of Subgrade Stabilization is for bidding purposes only. This quantity may be increased,
decreased or eliminated in its entirety based on field condition evaluation by the Engineer and no adjustment in the he Engineer and no adjustment in the he Engineer and no adjustment
in the
contract bid price or other contract items will be made therefor.
Stabilization, such increase or decrease shall not be considered an alteration in excess of the 25 percent of the not be considered an alteration in excess of the 25 percent of the not
be considered an alteration in excess of the 25 percent of the
contract amount of such items under provisions of Section 4-1.03B of the Standard Specifications and no 1.03B of the Standard Specifications and no 1.03B of the Standard Specifications
and no
adjustment of the contract price for Stabilization Fabric and Subgrade Stabilizationadjustment of the contract price for Stabilization Fabric and Subgrade Stabilizationadjustment of
the contract price for Stabilization Fabric and Subgrade Stabilization will be made by reason of such
increase or decrease.
13-12.Aggregate Base.
and these Special
Provisions.
Quality Requirements: The minimum sand equivalent shall be 31 for any individual test.The minimum sand equivalent shall be 31 for any individual test.The minimum sand equivalent shall
be 31 for any individual test.
Aggregate base shall be placed in minimum 6 inch lifts. No compaction will be allowed until a full shall be placed in minimum 6 inch lifts. No compaction will be allowed until a full
shall be placed in minimum 6 inch lifts. No compaction will be allowed until a full 6-inch lift of Class
2 Aggregate Base has been placed on subgrade and fabric. Equipment will not be allowed on subgrade and fabric se has been placed on subgrade and fabric. Equipment will not be allowed
on subgrade and fabric se has been placed on subgrade and fabric. Equipment will not be allowed on subgrade and fabric
at any time.
Payment: Aggregate Base shall be paid for shall be paid for shall be paid for at the contract price per cubicat the contract price per cubic yard, which price shall include full
compensation for furnishing all labcompensation for furnishing all labcompensation for furnishing all labor, materials, tools, and equipment and doing all work involved in placing or,
materials, tools, and equipment and doing all work involved in placing or, materials, tools, and equipment and doing all work involved in placing
aggregate base as specified herein, and no additional allowance will be made therefor.aggregate base as specified herein, and no additional allowance will be made therefor.aggregate
base as specified herein, and no additional allowance will be made therefor.aggregate base as specified herein, and no additional allowance will be made therefor.
13-13.Material Recycling.Material Recycling.Material Recycling. The Contractor shall dispose of all The Contractor shall dispose of all The Contractor shall dispose of all Portland
cement concrete and asphalt concrete,
generated from removal or demolition activities on the project, at a recycler for these materials. The Contractor generated from removal or demolition activities on the project, at
a recycler for these materials. The Contractor generated from removal or demolition activities on the project, at a recycler for these materials. The Contractor
shall provide receipts verifying delivery and approximate quantity (in tons) of the material delivered to a material shall provide receipts verifying delivery and approximate quantity
(in tons) of the material delivered to a material shall provide receipts verifying delivery and approximate quantity (in tons) of the material delivered to a material
recycler.
All other excess materials from the project shall become the property of the Contractor and shall be disposed of by All other excess materials from the project shall become the property
of the Contractor and shall be disposed of by All other excess materials from the project shall become the property of the Contractor and shall be disposed of by All other excess materials
from the project shall become the property of the Contractor and shall be disposed of by
him, at his expense.him, at his expense.him, at his expense.him, at his expense.him, at his expense.
Full compensation for material recycling as specified herein shall be considered as included in the contract priFull compensation for material recycling as specified herein shall be
considered as included in the contract priFull compensation for material recycling as specified herein shall be considered as included in the contract prices
paid for various items of work, and no additional compensation will be allowed therefor.paid for various items of work, and no additional compensation will be allowed therefor.paid for
various items of work, and no additional compensation will be allowed therefor.
131313---11144.HotMixAsphalt.
13-14.1General.HMA shall contain high tensile strength aramid fiber reinforcement. HMA shall be provided
in accordance with the Standard HMA construction process and conform to Section 39 of the Standard
Specifications and as detailed in this specification.
Fiber reinforced HMA is mixture of hot mix asphalt and a high tensile strength aramid fiber blend thathas
greater resistance to rutting, thermal cracking, fatigue cracking, and reflective cracking as compared to
66
conventional non-fiber asphalt mixes.
2019 STREET RECONSTRUCTION PROJECT 36 Spec. No. 19-09
13-14.2QualityControlPlan.Contractor shall establish, implement and maintain a Quality Control Plan
(QCP) to ensure materials and work comply with the specifications and the corrective actions requiredto
control the quality of work. The QCP shall comply with these specifications and Section 39-2.02 Contractor
Quality Con of the Standard Specifications.
Contractor shall attend a pre-paving conference with the Engineer to discuss methods of performing the
production and paving work and how quality control will be performed throughout.
Qualifications of workers: Provide sufficient skilled workers and supervisors who shall be present at allallall tttiiimmmeseses
during execution of this portion of the Work and who shall be thoroughly familiar with the type of ccooonstructnstructnstructioioionnn
involved and the materials and techniques specified.
Codes, standards and definitions:
1. Wherever a test method is referenced in this section, it shall be made in acaccccordaordaordancncncee wwith the
most current test method in use by Caltrans in the State Standard Speeccciiifffiiicccaaatttiiiooonnnsss,,, uuunless
otherwise noted in this section.
2. ASTM D2172, Standard Test Methods for Quantitative Extractionn ooofff BBBiitututummmenen ffrom Bituminous
Paving Mixtures
3. ASTM D6931, Standard Test Method for Indirect Tensile (ID(IDTTT))) SSStretretrennnggthth ofofof Bituminous Mixtures.
4. AASHTO T322, Determining the Creep Compliance and SSStrtrtreennggttthhh oofff HoHoHot-Mix Asphalt (HMA)
Using the Indirect Tensile Test Device.
5. Zeiada, W., Underwood, S., Stempihar, J., Extractiononon ofofof AAArararammmiiiddd Fibers from Fiber Reinforced
Asphalt Concrete Special Test Method Arizonana Statatattteee UUUnniivverersity, May 11, 2016.
6. Aramid Dispersion State Ratio (ADSR): The massassass ooff arammmiidd in the individual state compared to
the total mass of extracted aramid fibers, exxpreprepressssssededed aaass a percentage.
13-14.3Submittals.The Contractor shall providede ttthehehe EEEnnngggiinnneeeeeer with the following information a minimum of
10 days prior to commencing the Work:
1. Hot mix asphalt job mix formula (JMF)MF)MF) iinn aaaccccccordanceordanceordance with Caltrans Standard Specifications.
a. Proposed JMF on FormFormForm CCCEEEMMM--3335551111: Include percentage of reclaimed asphalt pavement
(RAP)
b. Representative reinreinreinffforororccciiingngng fffiiibbber product sample.
c. Reinforcing fibbbeeerrr prprproooddduuucccttt ddata sheet and certification from the Manufacturer that the fiber
product suppplieeeddd mmmeeeeetststs the requirements of this specification.
d. Reinforccciiinnnggg ffiiber mmmaaannnufacturers instructions and general recommendations.
e. Past performance test results of IDT testing from a minimum of three separate Past performance test results of IDT testing from a minimum of three separate Past performance test results
of IDT testing from a minimum of three separate
laboratorylaboratorylaboratory trials.trials.trials.
f. PPPast performaast performaast performance test results of ADSR testing from a minimum of two tests.
g.g.g. SSSuuubbmmiit a mt a mt a minimum of five project examples and references where the reinforcing fiber
prodprodproduuuct was used for roct was used for roct was used for roadways in the State of California.
h.h.h. Mix dMix design documentation, data and aggregate quality on Form CEM-3512 dated
wwwiiththin 12 months of submittal.
i.i. JMF verification on Form CEM-3513, if applicable
j.j. JMF renewal on Form CEM-3514, if applicable
k. Materials Safety Data Sheets (MSDS) for:
Asphalt binder
Supplemental fine aggregate except fines from dust collectors
Antistrip additives
2. Written confirmation from the supplier that the JMF to be supplied meets all specified requirements.
Performance testing for reinforcing fiber product must be from laboratory trials at a fiber dosage rate equal to the
rate proposed for the project. Tests must be performed by an AASHTO accredited laboratory or nationally
recognized university testing lab and must be reviewed and approved by the project engineer.
Indirect Tensile (IDT) Strength Tests from a minimum of three (3) separate laboratory trials.
67
1. Perform indirect tensile tests using the protocol from AASHTO T322 or ASTM D6931
2019 STREET RECONSTRUCTION PROJECT 37 Spec. No. 19-09
2. Tests results shall include a control and a fiber reinforced mix. FRAC mix shall be identical to control
mix except for the inclusion of fibers added at the same dosage as proposed on the project.
3. Indirect tensile test results from fiber specimens shall show an average tensile strength increase of 20
percent over control specimen with no less than 15 percent increase of average tensile strength.
Aramid Dispersion State Ratio (ADSR) Tests from a minimum of two (2) separate laboratory trials.
1. Perform ADSR test based on modified ASTM D2172 procedures as provided in the document entitled
Extraction of Aramid Fibers from Fiber Reinforced Asphalt Concrete Special Test Metho
the modified extraction methodology can be obtained by making an inquiry to the Pavement and
Materials Laboratory at Arizona State University at NCE@asu.edu.
2. To validate ADSR results, average extracted aramid fiber quantity must equal 0.007 percequal 0.007 percequal 0.007 percennnt by total t by total t by total
sample weight with no individual result less than 0.005 percent of the total sample weight.otal sample weight.
3. All tested fiber mixes must achieve a minimum ADSR of 85%.
Tack Coat: Contractor shall submit asphalt binder tack coat and asphaltic emulsion tack cococoaaat.t.t.
The Contractor shall develop and submit a Quality Control Plan for the project. This shshshaaallllll,,, aaattt aaa mmmiiinnniiimmmum, cover the
areas or subjects contained in Section 39-2 of the Standard Specifications. The CoConnntractractractttororor sshhaallll not begin hot mix
asphalt production or placement without written approval from the Engineer of ttthhheee QCPQCPQCP aanndd an approved JMF.
Approval of the QCP and JMF by the Engineer does not relieve the contractororor ofofofof respresprespooonsnsnsiibility for quality control
or work methods.
13-14.4EngineerAcceptance.Quality control sampling and acceppptttaaannnccceee tttesestttiiing wng wng will be performed by the City.
The City reserves the right to perform acceptance testing at frequeeencncnciieseses tthhaaattt dddiffer from those specified in the
Standard Specifications.
A minimum of one sample for Rice Specific Gravity may bee tttaaakkenenen bbbyyy eeach day at the plant during placement of
HMA. The Rice Specific Gravity test will be in accordanceordanceordance wwiiththth AAASTM D 2041. Any changes to theJMF
requested by the Engineer shall be implemented by thhheee CCooonnntractortractortractor or a new JMF resubmitted for approvalprior
to continuing work.
In place density tests per CT 375 Nuclear Gaaagggeee fffiiieldeldeld tttesesestt may be performed during HMA operationsto verify
compaction requirements per Standard Spppeecciiifffiiicccatioatioationnnsss. The frequency of testing may be in accordance with CT
375.
Should any test specified in Paraggrrraaappphhh 111333--1115.45.45.4 of this Section fail to meet density requirements, the City may take
density core samples to verifyyy dddeeensnsnsiiitttyyy resresresuults and pavement thickness. Contractor shall be responsible for
patching the cores with hot mix aspaspasphhhaltaltalt aaatt no additional expense to the City.
for patching the cores withhh hhhooott mixxx aspaspasphalt at no additional expense to the City.
13-14.5Products.TTaaccckkk CoatCoatCoat ssshhhall be Grade PG 64-16, conforming to the provisions of Sections 39 and92
of the Standard Sppeeeccciiifffiiicccatatatiiiooonsnsns aand shall be used between layers of each lift of HMA, and on curbs, guttersand
construction joinnnts.ts.ts.
Asphalt bindeeerrr aaandndnd ttackack coat shall be Grade PG 64-16, conforming to the provisions of Sections 39 and 92 of the
Standardrdrd SSSppecifffiiicccatioatioations.
Aggggggrrreeegggaatteee shshshaalll be clean and free from deleterious substances and shall meet the gradation and quality for 3/4-
iinchnchnch HHHMMMAAA TTyype A for initial course and 1/2-inch HMA Type A for the final course.
HotHotHot MMMiiixxx Asphalt shall be 3/4-inch HMA Type A for the first course and 1/2-inch HMA Type A for the final
cccooouuurrsse and conform to Section 39 of the Standard Specifications.
Provide a reinforcing fiber blend of virgin polyolefins and virgin aramids that meets the requirements in the
tables below.
68
2019 STREET RECONSTRUCTION PROJECT 38 Spec. No. 19-09
Reinforcing Fiber Material Properties
Test
Property Polyolefin Aramid
Method
Manufacturer
Form Serrated Monofilament
Certification
Nominal Specific
ASTM D276 0.91 1.44
Gravity
Tensile Strength
1
ASTM D7269 NA 400,000
(psi)
Manufacturer
Length (in) 0.75 0.75
Certification
1. Polyolefin fibers will melt or become plastically deformed duringng ppprrroooddducucucttiiiononon
Reinforcing Fiber Performance PropertiesReinforcing Fiber Performance PropertiesReinforcing Fiber Performance Properties
Performance
Test Method StandardStandardStandard RequirementRequirementRequirement
Measure
Aramid
Dispersion Dispersion
Modified Modified Modified
85%
ASTM D2172ASTM D2172ASTM D2172
Efficiency State Ratio
(ADSR)
Indirect
AASHTO T322 AASHTO T322 AASHTO T322
Cracking Tensile 20%
or ASTM or ASTM or ASTM
Resistance Strength Strength Strength increase
D6931
(IDT)(IDT)(IDT)
Resistance to
Permanent Flow Number Flow Number Flow Number 35%
AASTHO TP79
Deformation (FN)(FN)(FN) increase
(Rutting)
®®®
Reinforcing fiber blend shall bebebe FortaFortaForta---FFFii, provided by the Forta Corporation, or approved equivalent. If a
different aramid-based fibeerr bblendndnd iiisss proproproposed, performance test results complying with the requirements of
Section 13-15.3 must be sssuuubbbmmmiitttted aaattt least two weeks prior to bid date for approval by engineer.
HMA batch plant shhhallallall bbbeee DDDeeeppartartment-qualified under the Departments Materials Plant Quality Program of the
Standard Specificcatioatioationnss..
Reclaimed aspaspasphhhaltaltalt ppaavveement shall be acceptable in accordance with the Standard Specifications not
exceedingngng 15.05.05.0 pppeeerrcceent of the aggregate blend.
13-11444..66ConstrConstrConstruction. During the entire construction period, the Contractor shall take care to protect existing
pppaaavvveeemmmeeenntt aaandndnd concrete surfaces. Surfaces scarred by cleanup or equipment shall be repaired in a manner
sssatatatiissffactoactoactorryy to the Engineer. Any and all damage caused by the Contractor's operations to existing roads and
strestrestreeeetststs shshshall be repaired by the Contractor to at least the original condition and to the satisfaction of the Engineer,
aaattt nonono additional cost to the City.
1313-14.6.1Preparation.If pavement is damaged (excessive loading, grouser marking, scarring/scrapingof
pavement, etc.) outside the limits of the work, a full lane width grinding and overlay will be required as directed by
the Engineer at no additional compensation to the Contractor.
Ensure the area is clean and dry. All material accumulations which would interfere with the adhesion of the
tack coat or with the placing and performance of the HMA shall be removed, including dust, loose aggregate, soil,
leaves, and pieces or lumps of other foreign material deposited on the surface.
69
2019 STREET RECONSTRUCTION PROJECT 39 Spec. No. 19-09
13-14.6.2TackCoat.A tack coat shall be applied to existing pavement including planed surfaces, between
HMA layers, and to vertical surfaces of curbs, gutters and construction joints at the minimum residual rates
specified in Section 39-1.09C Tack Coa of the Standard Specifications.
Before placing HMA, a tack coat shall be furnished and applied uniformly to contact surfaces of all cold
pavement joints, curbs, gutters, pavement reinforcing fabric and all existing pavement to be surfaced in
conformance with Section 39 of the Standard Specifications.
Tack coat shall be applied to any course in advance of spreading the next course unless the surface
temperature is at least 140 °F.
Hot mix asphalt shall not be placed until tack coat has cured.
13-14.6.3FiberReinforcedHMAProduction.Provide manufacturers technical represereseresennntttatiatiativvveee atatat HHHMAMAMAplant
during HMA production.
Deliver fiber-reinforcement in sealed, undamaged containers with labels intact and leegibgibgiblllee,,, ininindidiccatingating material name
and lot number. Deliver fiber-reinforcement to location where it will be added to eachachach bbbaatchtchtch oorr llooaded into the mixer.
Store materials covered and off the ground. Keep sand and dust out of boxeseses aaandndnd dddooo nnnototot allow boxes to become
wet.
Add aramid and polyolefin reinforcing fiber blends at a dosage rate ofofof ooonnneee (1)(1)(1) pppoound fiber per one (1) ton of
asphalt.
Add alternative aramid fiber blends at a rate proposed by thehehe mmmaannufactureractureracturer that achieves the IDT and ADSR
results required.
Have a fiber manufacturers representative on site duurrriiingngng mmmiiixxxiingngng aand production. This requirement can be waived
if fiber manufacturer and asphalt producer can suppppplllyyy eveveviiidddeeencencence oof manufacturers brand of fiber being successfully
produced a minimum of three times at the asphhhaaalllttt ppplllaaantntnt tototo bebe used for the project.
Batch Plant. When a batch plant is used, aaadddddd fffiiibbbeerr tototo tthehe aggregate in the weigh hopper and increase both dry
and wet mixing times. Ensure that the fiibbbererer iiisss uuunnniiifffororormmmly distributed before the injection of asphalt cement into the
mixture.
Drum Plant: Inject fibers throuughghgh tthehehe RRRAAAPPP colcollar by placing fibers on the RAP belt for by feeding them with a
blower tube system. Rate the feeeeeedddiiingngng ofofof fibers with the rate the plant is producing asphalt mix. If there is any
evidence of fiber balls at thhheee dididiscscharrrgegege chchchute, increase the mixing time and/or temperature or change the angle of
the fiber feeder line to increncrencreaaassseee ddrryy mixing time.
For manual feedindinggg,, placeplaceplace fffiiibbbeeers on the RAP belt at intervals based on the plant production rate.
When using aaa bbblloowerwerwer tttuuubbbeee system, add fibers continuously and in a steady uniform manner. Provide automated
proportioning dddeeevvviiicceses aand control delivery within ±10% of the mass of the fibers required. Perform an equipment
calibratbratiiiononon ttoo the sasasattiisfaction of the fiber manufacturers representative to show that the fiber is being accurately
meteeredredred aaandndnd uuniformly distributed into the mix.
IncIncInclluuddeee ttthhee ffollowing with the blower tube system:
1.1.1. Low level indicators
2.2.2. No-flow indicators
3.3. A printout of feed rate status in pounds/minute
4. A section of transparent pipe in the fiber supply line for observing consistency of flow or feed.
5. Manufacturers representatives approval of fiber addition system
13-14.6.4SpreadingandCompacting.Compaction test subgrade prior to placing HMA to ensure a firm and
stable subgrade. After compaction testing and immediately in advance of placing HMA, apply additional tack coat
to damaged areas or where loose or extraneous material is removed.
6:
2019 STREET RECONSTRUCTION PROJECT 40 Spec. No. 19-09
Close areas receiving tack coat to traffic. Do not track tack coat onto pavement surfaces beyond the job site.
HMA surfacing shall conform to the provisions of Section 39 of the Standard Specifications and fiber
manufacturer. Placing HMA shall be done under suitable weather conditions for such operations. Rain, snow or
other inclement weather will be cause for discontinuing paving Work. Only spread and compact if the
atmospheric temperature is at least 55 degrees F and rising and the surface temperature is at least 60 degrees F
and rising. The Engineer shall have the authority for determining whether weather conditions are sufficient caussee
to postpone work.
Spreading and compacting shall be performed in accordance with Section 39-1.10 and Section 39-111..111111 ofofofttthhheee
Standard Specifications.
Visually observe fiber reinforced HMA mix in the back of first three trucks and every tenth trucktrucktruck ttthhhereaereaereaffterterterto
confirm adequate blending of the fiber. Remove any observed fiber balls from placed mmmiiixxxturetureture aaannnddd adjust
operations per the manufacturers recommendation to eliminate future fiber ball develooppmmmeennt.t.
Longitudinal joints in the top layer must match specified lane edges shown on thethe ssstrtrtriipppiiinnngg PPllaans. Longitudinal
joints in lower HMA layers shall be offset at least 0.5 feet from each side of thee ssspppeeeccciiifffiiiededed llaanene edges.
Finish rolling shall be completed before pavement surface temperature iss bbbeeelllooowww 1115050 ddegrees F.
Traffic shall not be allowed on HMA until mid-depth temperature is bbbeeelllooowww 11166600 dddeegrees F and the pavement
surface temperature is below 140 degrees F.
The completed surfacing shall be true to grade and crossrossross ssectectionnn,, of uniform smoothness and texture,
compacted firmly and free from depressions, humps or irrerrerreggguullararariiitttiiies.es.es.
Dikes shall be shaped and compacted with equipmeeennnttt ccaaapppaaabbbllle ofe ofe of shaping and compacting the material to the
required cross section.
The exact rate of application of the paint binder will be determined by the Engineer during construction.The exact rate of application of the paint binder will be determined by the Engineer
during construction.The exact rate of application of the paint binder will be determined by the Engineer during construction.
Payment: Asphalt Concrete SurfacePayment: Asphalt Concrete SurfacePayment: Asphalt Concrete Surface shall be paid for at the contract price per ton, which price shshall be paid for
at the contract price per ton, which price shshall be paid for at the contract price per ton, which price shall include full
compensation for furnishing all labor, materials, tools, and equipment and doing all work involved in placing asphalt compensation for furnishing all labor, materials, tools, and equipment
and doing all work involved in placing asphalt compensation for furnishing all labor, materials, tools, and equipment and doing all work involved in placing asphalt
concrete surface including tack coat, and no additional allowance will be made therefor.concrete surface including tack coat, and no additional allowance will be made therefor.concrete
surface including tack coat, and no additional allowance will be made therefor.
Payment Adjustment for Price InPayment Adjustment for Price InPayment Adjustment for Price InPayment Adjustment for Price Index Fluctuationsdex Fluctuationsdex Fluctuations: The provisions
of this section shall only apply to projects with
over 100 tons of asphalt concrete as determined by the sum of the weight certificates of asphalt concrete surface, over 100 tons of asphalt concrete as determined by the sum of the weight
certificates of asphalt concrete surface, over 100 tons of asphalt concrete as determined by the sum of the weight certificates of asphalt concrete surface, over 100 tons of asphalt
concrete as determined by the sum of the weight certificates of asphalt concrete surface, over 100 tons of asphalt concrete as determined by the sum of the weight certificates of asphalt
concrete surface,
asphalt concrete base contract items, and asphalt concreteasphalt concrete base contract items, and asphalt concreteasphalt concrete base contract items, and asphalt concrete placed
as permanent trench paving.
This section applies to asphalt binder contained in materials for pavement structural sections such as HMA placed This section applies to asphalt binder contained in materials for pavement
structural sections such as HMA placed This section applies to asphalt binder contained in materials for pavement structural sections such as HMA placed
in the work.
The Engineer adjusts payment if the California Statewide Crude Oil Price Index for the moThe Engineer adjusts payment if the California Statewide Crude Oil Price Index for the moThe
Engineer adjusts payment if the California Statewide Crude Oil Price Index for the moThe Engineer adjusts payment if the California Statewide Crude Oil Price Index for the month the
material is placed
is more than 5% higher or lower than the price index at the time of bid.is more than 5% higher or lower than the price index at the time of bid.is more than 5% higher or lower than the
price index at the time of bid.is more than 5% higher or lower than the price index at the time of bid.is more than 5% higher or lower than the price index at the time of bid.
The California Statewide Crude Oil Price Index is determined each month on or about the first business day of the The California Statewide Crude Oil Price Index is determined each month
on or about the first business day of the The California Statewide Crude Oil Price Index is determined each month on or about the first business day of the
month by the City using the average of thmonth by the City using the average of thmonth by the City using the average of the posted prices in effect for the previous month as posted
by Chevron,
ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset
fields.ExxonMobil, and ConocoPhillips for the Buena Vista, Huntington Beach, and Midway Sunset fields.
If a company discontinues posting its prices for a field, the City determines the index If a company discontinues posting its prices for a field, the City determines the index If a company
discontinues posting its prices for a field, the City determines the index from the remaining posted
prices. The City may include additional fields to determine the index.prices. The City may include additional fields to determine the index.
For the California Statewide Crude Oil Price Index, go to:
http://www.dot.ca.gov/hq/construc/crudeoilindex/
If the adjustment is a decrease in payment, the City deducts the amount from the monthly progress payment.
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2019 STREET RECONSTRUCTION PROJECT 41 Spec. No. 19-09
The City includes payment adjustments for price index fluctuations when making adjustments under Section 4-
1.03B, Increased or Decreased Quantities, of the Standard Specifications.
If the work is not completed within the contract time, payment adjustments during the overrun period are
determined using the California Statewide Crude Oil Price Index in effect for the month in which the overrun period
began.
If the price index at the time of placement increases:
1. 50% or more over the price index at bid opening, notify the Engineer.
2. 100% or more over the price index at bid opening do not furnish material containing asphalt unti100% or more over the price index at bid opening do not furnish material containing
asphalt unti100% or more over the price index at bid opening do not furnish material containing asphalt until the l the l the
Engineer authorizes you to proceed with that work. The City may decrease Bid item quantities, eliminate Bid items, Engineer authorizes you to proceed with that work. The City may decrease
Bid item quantities, eliminate Bid items, Engineer authorizes you to proceed with that work. The City may decrease Bid item quantities, eliminate Bid items,
or terminate the contract.
SUBMITTALS
Before placing material containing asphalt binder, submit the current sales and use tax rate inBefore placing material containing asphalt binder, submit the current sales and use tax
rate inBefore placing material containing asphalt binder, submit the current sales and use tax rate in effect in the tax effect in the tax
jurisdiction where the material is to be placed.
Submit certified weight slips for HMA as specified in Section 9-1.01, Measurement of Quantities,Measurement of Quantities,Measurement of Quantities, of the Standard
Specifications.
ASPHALT BINDER QUANTITIES
The Engineer calculates the quantity of asphalt binder in HMA using the following formula:uantity of asphalt binder in HMA using the following formula:uantity of asphalt binder in HMA
using the following formula:
Qh = HMATT x \[Xa/(100 + Xa)\]
where:
Qh = quantity in tons of virgin asphalt binder used in HMAquantity in tons of virgin asphalt binder used in HMAquantity in tons of virgin asphalt binder used in HMA
HMATT = HMA total tons placed
Xa = Virgin asphalt binder content specified per section 39Virgin asphalt binder content specified per section 39Virgin asphalt binder content specified per section 39-2.01 expressed
as percentage of the weight of dry
aggregate
PAYMENT ADJUSTMENTS
The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material The Engineer includes payment adjustments for price index fluctuations in
progress pay estimates. If material The Engineer includes payment adjustments for price index fluctuations in progress pay estimates. If material
containing asphalt is placed within two months during one estimate containing asphalt is placed within two months during one estimate containing asphalt is placed within two months during
one estimate period, the Engineer calculates two separate
adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material adjustments. Each adjustment is calculated using the price index for
the month in which the quantity of material adjustments. Each adjustment is calculated using the price index for the month in which the quantity of material
containing asphalt subject to adjustment is placed in the work. The sum of the two adjustments iscontaining asphalt subject to adjustment is placed in the work. The sum of the two adjustments
iscontaining asphalt subject to adjustment is placed in the work. The sum of the two adjustments iscontaining asphalt subject to adjustment is placed in the work. The sum of the two
adjustments iscontaining asphalt subject to adjustment is placed in the work. The sum of the two adjustments is used for
increasing or decreasing payment in the progress pay estimate.increasing or decreasing payment in the progress pay estimate.increasing or decreasing payment in the progress pay estimate.
The Engineer calculates each payment adjustment as follows:The Engineer calculates each payment adjustment as follows:The Engineer calculates each payment adjustment as follows:
PA = Qt x A
where:
PA =PA =PA = Payment adjustment in dollars for asphalt contained in materials placed in the work for a givenPayment adjustment in dollars for asphalt contained in materials placed in
the work for a givenPayment adjustment in dollars for asphalt contained in materials placed in the work for a given month.
Qt =Qt =Qt = Sum of all quantities of asphalt binder in pavement structural sections. Sum of all quantities of asphalt binder in pavement structural sections. Sum of all quantities of
asphalt binder in pavement structural sections.
A =A =A = Adjustment in dollars per ton of asphalt used to produce materials placed in the work rounded to the
nearest $0.01.nearest $0.01.nearest $0.01.
For US Customary projects, use:
A = \[(Iu/Ib) 1.05\] x Ib x \[1 + (T/100)\] for an increase in the crude oil price index exceeding 5%
A = \[(Iu/Ib) 0.95\] x Ib x \[1 + (T/100)\] for a decrease in the crude oil price index exceeding 5%
Iu = California Statewide Crude Oil Price Index for the month in which the quantity of asphalt subject to
72
adjustment was placed in the work.
2019 STREET RECONSTRUCTION PROJECT 42 Spec. No. 19-09
Ib = California Statewide Crude Oil Price Index for the month in which the bid opening for the project occurred
T = Sales and use tax rate, expressed as a percent, currently in effect in the tax jurisdiction where the material
is placed. If the tax rate information is not submitted timely, the statewide sales and use tax rate is used in the
payment adjustment calculations until the tax rate information is submitted.
13-15. Edge Grinding. Edges of the existing roadway structural section shall be removed by edge grinding to the
depths and at the locations indicated on the Plans and as directed by the Engineer. Removal of the existing
structural section adjacent to existing utility boxes (Section 13-05) and those areas adjacent to valley gutters may 05) and those areas adjacent to valley gutters may 05) and those
areas adjacent to valley gutters may
require handwork. Any required handwork will be considered grinding. Disposal of the material removed shall be in require handwork. Any required handwork will be considered grinding.
Disposal of the material removed shall be in require handwork. Any required handwork will be considered grinding. Disposal of the material removed shall be in
accordance with Section 13-l Provisions.
After the edge grinding is completed, the existing surface is to be swept of loose material. The exposed After the edge grinding is completed, the existing surface is to be swept of
loose material. The exposed After the edge grinding is completed, the existing surface is to be swept of loose material. The exposed
surface, if other than asphalt concrete, shall be graded and compacted in accordance with Section 26 of the surface, if other than asphalt concrete, shall be graded and compacted in
accordance with Section 26 of the surface, if other than asphalt concrete, shall be graded and compacted in accordance with Section 26 of the
Standard Specifications except as provided herein prior to paving.
Measurement.Edge Grinding shall be measured by the calculated in place cubic yards removed based on Edge Grinding shall be measured by the calculated in place cubic yards removed based
on Edge Grinding shall be measured by the calculated in place cubic yards removed based on
the pavement surface area and the depth of pavement removal. Edge Grinding in excess of the depth as the pavement surface area and the depth of pavement removal. Edge Grinding in excess
of the depth as the pavement surface area and the depth of pavement removal. Edge Grinding in excess of the depth as
shown on the plans or as directed by the Engineer will not be paid for.
Payment. The contract price paid per cubic yard for Edge Grinding shall include full compensation for The contract price paid per cubic yard for Edge Grinding shall include full compensation
for The contract price paid per cubic yard for Edge Grinding shall include full compensation for
furnishing all labor, materials, tools and equipment, and doing all work necessary, inclfurnishing all labor, materials, tools and equipment, and doing all work necessary, inclfurnishing
all labor, materials, tools and equipment, and doing all work necessary, including modifying the
depth of grinding as specified above, any required handwork, sweeping and the disposal of the materials to depth of grinding as specified above, any required handwork, sweeping and the
disposal of the materials to depth of grinding as specified above, any required handwork, sweeping and the disposal of the materials to
complete this item as specified, and no additional compensation will be allowed therefore.complete this item as specified, and no additional compensation will be allowed therefore.complete
this item as specified, and no additional compensation will be allowed therefore.
13-16. Contaminated Material. Bid
area that contains no known subsurface petroleum hydrocarbon contamination. area that contains no known subsurface petroleum hydrocarbon contamination. area that contains no known subsurface
petroleum hydrocarbon contamination. area that contains no known subsurface petroleum hydrocarbon contamination. area that contains no known subsurface petroleum hydrocarbon contamination.
The contractor shall maintain awareness of potential signs of soil and groundwater contaminatioThe contractor shall maintain awareness of potential signs of soil and groundwater contaminatioThe
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 project limits and shall notify the City immediately upon discovery.
Conditions indicative of contamination may be 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.)either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon
odors.)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 suspected contaminated materials, the Contractor shall immediately provide 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 HAZWOPER certified workers in the contaminated area. The Contractor shall
also provide a field Site Safety 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 traHAZWOPER Supervisor traHAZWOPER Supervisor trained to directly oversee the contaminated materials
removal and handling operation. All workers in this circumstance must have their initial and annual renewal removal and handling operation. All workers in this circumstance must have
their initial and annual renewal 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 8CCRrefresher training, medical clearance and personal protection equipment in accordance with
8CCRrefresher training, medical clearance and personal protection equipment in accordance with 8CCR Section 5192.
13-17.Curb, Gutter, Curb Ramps,utter, Curb Ramps,utter, Curb Ramps,utter, Curb Ramps,and Sidewalkand Sidewalkand Sidewalk. Portland cement concrete curb, gutter, Curb Ramps, valley
gutter and sidewalk which are to be installed or reconstructed in accordance with the plans or are damaged by the gutter and sidewalk which are to be installed or reconstructed in accordance
with the plans or are damaged by the gutter and sidewalk which are to be installed or reconstructed in accordance with the plans or are damaged by the gutter and sidewalk which are
to be installed or reconstructed in accordance with the plans or are damaged by the gutter and sidewalk which are to be installed or reconstructed in accordance with the plans or are
damaged by the
work shall be constructed in conformance to the City Standard Plans and the State Standard Plans and details tructed in conformance to the City Standard Plans and the State Standard
Plans and details tructed in conformance to the City Standard Plans and the State Standard Plans and details
shown the plans and as specified herein.shown the plans and as specified herein.shown the plans and as specified herein.
Sidewalk and Curb and Gutter shall be constructed in accordance with City Standard Plan 101and 102 and in Sidewalk and Curb and Gutter shall be constructed in accordance with City Standard
Plan 101and 102 and in Sidewalk and Curb and Gutter shall be constructed in accordance with City Standard Plan 101and 102 and in
accordance with taccordance with taccordance with the applicable provisions of the Standard Specifications and these special provisions. Contractor he applicable provisions of the Standard
Specifications and these special provisions. Contractor he applicable provisions of the Standard Specifications and these special provisions. Contractor
shall be responsible for replacing all shall be responsible for replacing all shall be responsible for replacing all shall be responsible for replacing all Portland cement concrete surfaces
damaged or destroyed by his operations at
no additional cost to the City. no additional cost to the City. no additional cost to the City. no additional cost to the City. no additional cost to the City.
Curb RampCurb RampCurb Ramps shall be constructed in accordance with State Standard Plan A88A and in accordance wis shall be constructed in accordance with State Standard Plan A88A and
in accordance wis shall be constructed in accordance with State Standard Plan A88A and in accordance with the
applicable provisions ofapplicable provisions ofapplicable provisions of the Standard Specifications and these special provisions. Contractor shall be responsible
for replacing all for replacing all for replacing all Portland cement concrete surfaces damaged or destroyed by his operations at no additional cost to
the City.the City.the City.
Valley Gutter shall be constructed in accordance with the details shown on the plans and in accordance with the Valley Gutter shall be constructed in accordance with the details shown
on the plans and in accordance with the Valley Gutter shall be constructed in accordance with the details shown on the plans and in accordance with the
applicable provisions of the Standard Specifications and these special provisions. Contractor shall be responsible
for replacing all Portland cement concrete surfaces damaged or destroyed by his operations at no additional cost to
the City.
All concrete which is to be removed from curb and gutter areas shall be removed to the nearest construction joint or
as directed by the Engineer. Said joint shall be sawcut to eliminate any defects.
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2019 STREET RECONSTRUCTION PROJECT 43 Spec. No. 19-09
All concrete which is to be removed from sidewalks shall be removed to the nearest transverse score mark across
the full width of sidewalk or construction joint as directed by the Engineer. Joints between old and new concrete
shall be neat and free of defects. Sawcutting may be required to achieve this effect.
All soft or spongy material shall be removed and replaced with suitable material as required by the Engineer.
Concrete curb, gutter, and sidewalk shall be cured in accordance with the requirements of Section 90-7 of the
Standard Specifications except that the Contractor may substitute other than a pigmented sealer upon the approval proval
in writing of such substituted sealer by the Engineer.
All oil, paint, tire marks, and other discoloring shall be removed from the curb and gutter by sandblasting prior to All oil, paint, tire marks, and other discoloring shall be removed
from the curb and gutter by sandblasting prior to All oil, paint, tire marks, and other discoloring shall be removed from the curb and gutter by sandblasting prior to
acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblasting.te for sandblasting.te for sandblasting.
Payment: PCC Curb and Gutter and PCC Curb at Sides and back of Curb Ramps shall be paid for at the shall be paid for at the shall be paid for at the
contract price per linear foot, which price shall include full compensation for furnishing and applying curing contract price per linear foot, which price shall include full compensation
for furnishing and applying curing contract price per linear foot, which price shall include full compensation for furnishing and applying curing
materials, forming and constructing curb openings for driveways, removing discoloring, furnishing all labor, constructing curb openings for driveways, removing discoloring, furnishing
all labor, constructing curb openings for driveways, removing discoloring, furnishing all labor,
materials, tools and equipment and doing all the work involved in constructing curb and gutter complete in place as materials, tools and equipment and doing all the work involved in
constructing curb and gutter complete in place as materials, tools and equipment and doing all the work involved in constructing curb and gutter complete in place as
specified, including furnishing and placing expansion joint filler, constructing weakened plane joints, excavating, joint filler, constructing weakened plane joints, excavating, joint
filler, constructing weakened plane joints, excavating,
and backfilling.
PCC Curb Ramp shall be paid for at the contract price per square foot, which price shall include full compensation shall be paid for at the contract price per square foot, which price
shall include full compensation shall be paid for at the contract price per square foot, which price shall include full compensation
for furnishing and applying curing materials, removing discoloring, furnishing all labor, materials, tools and oring, furnishing all labor, materials, tools and oring, furnishing all
labor, materials, tools and
equipment and doing all the work involved in constructing curb ramp complete in place as specified, including equipment and doing all the work involved in constructing curb ramp complete
in place as specified, including equipment and doing all the work involved in constructing curb ramp complete in place as specified, including
furnishing and placing truncated domes expansion joint filler, constructing weakened plane jointfurnishing and placing truncated domes expansion joint filler, constructing weakened plane
jointfurnishing and placing truncated domes expansion joint filler, constructing weakened plane joints, excavating, and
backfilling.
PCC Sidewalk shall be paid for at the contract price per square foot, which price shall include full compensation for shall be paid for at the contract price per square foot, which price
shall include full compensation for shall be paid for at the contract price per square foot, which price shall include full compensation for
furnishing and applying curing materials, removing discoloring, furnishing all labor, materials, tools afurnishing and applying curing materials, removing discoloring, furnishing all
labor, materials, tools afurnishing and applying curing materials, removing discoloring, furnishing all labor, materials, tools and equipment
and doing all the work involved in constructing sidewalk complete in place as specified, including furnishing and and doing all the work involved in constructing sidewalk complete in
place as specified, including furnishing and and doing all the work involved in constructing sidewalk complete in place as specified, including furnishing and
placing expansion joint filler, constructing weakened plane joints, excavating, and backfilling.placing expansion joint filler, constructing weakened plane joints, excavating, and backfilling.placing
expansion joint filler, constructing weakened plane joints, excavating, and backfilling.
13-18.Sawcut Pavement.Where no joint exists between concrete or asphalt concrete to be removed andno joint exists between concrete or asphalt concrete to be removed andno joint exists
between concrete or asphalt concrete to be removed and
concrete or asphalt concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to aconcrete or asphalt concrete to remain in place, the concrete or asphalt
concrete shall be cut in a neat line to aconcrete or asphalt concrete to remain in place, the concrete or asphalt concrete shall be cut in a neat line to a
minimum depth of 0.25-foot with a power driven saw before the concretefoot with a power driven saw before the concretefoot with a power driven saw before the concrete or asphalt concrete
is removed.
13-19. Soil and Groundwater Disposal. Soil and Groundwater Disposal. Soil and Groundwater Disposal. . .
13-19.1General
contains no known subsurface petroleum hydrocarbon contamination. subsurface petroleum hydrocarbon contamination. subsurface petroleum hydrocarbon contamination. subsurface petroleum
hydrocarbon contamination. subsurface petroleum hydrocarbon contamination.
The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the The contractor shall maintain awareness of potential signs of soil and
groundwater contamination throughout the 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 project limits and shall notify the City immediately upon discovery.
Conditions indicative of contamination may be project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be
either visual (staining in seither visual (staining in seither visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.)oil, sheen on water surface)
or olfactory (petroleum hydrocarbon odors.)oil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.)
Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40 hour OSHAUpon the discovery of suspected contaminated materials, the Contractor shall
immediately provide 40 hour OSHAUpon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40 hour OSHAUpon the discovery of suspected contaminated
materials, the Contractor shall immediately provide 40 hour OSHAUpon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40 hour OSHA-
HAZWOPER certified workers in the contaminated area. The Contractor shaHAZWOPER certified workers in the contaminated area. The Contractor shaHAZWOPER certified workers in the contaminated
area. The Contractor shaHAZWOPER certified workers in the contaminated area. The Contractor shaHAZWOPER certified workers in the contaminated area. The Contractor shall also provide
a field Site Safety
Officer that is also an 8Officer that is also an 8Officer 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 removal and handling operation. All workers in this circumstance must have
their initial and annual renewal 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.refresher training, medical clearance and personal protection equipment in
accordance with 8CCR Section 5192.refresher training, medical clearance and personal protection equipment in accordance with 8CCR Section 5192.
131313--1919.2.2Soil: None of the excavated material shall be disposed of on the work site. All material excavated from
trenches in the project area shtrenches in the project area shtrenches 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 the work site, the Contractor shall submit to the Engineer written authorization
for such disposal and entry 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.
13-19.3Water: 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
74
excavation during the progress of work until the pipe or other structures are installed and until backfilling has
2019 STREET RECONSTRUCTION PROJECT 44 Spec. No. 19-09
progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the
Contractor shall have a minimum of 2 working pumps available for immediate use at all times.
Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff.
Said water shall be disposed of in a manner as to cause no injury to public or private property, or be a menace to
public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump
inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump
shall have a filter sock installed to retain residual sediment.
If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and umping and umping and
immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain . Pumped groundwater will not be allowed into any watercourse or storm drain
. 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 Contractor shall be responsible for constructing, operating and maintaining
all necessary features to complete the 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 ng furnishing, installing and maintaining all pumping and other equipment
required to dewater any ng 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 trenches containing water as may be encountered during performance of the work.
Dewatering plan for each 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 o implementation. At the permanent conclusion of dewatering o 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, : Full compensation for disposal of all excavated material and trenchwater,
including, but not limited to, : 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 backportation costs and soil disposal fees and providing all necessary equipment
and labor (including backportation 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 pumping equipment) shall be considered as included in the contract prices
paid for various contract items of work 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 be allowed therefor. The City will pay discharge fees for the necessary
be allowed therefor. The City will pay discharge fees for the necessary
disposal of trenchwater.
13-20. Relocation ofSigns. Existing signs shown on the plans to be relocated shall be relocated or replaced in Existing signs shown on the plans to be relocated shall be relocated
or replaced in Existing signs shown on the plans to be relocated shall be relocated or replaced in Existing signs shown on the plans to be relocated shall be relocated or replaced in
Existing signs shown on the plans to be relocated shall be relocated or replaced in
kind in accordance with City Standard 120,
Specifications and these special provisions.
Payment: Relocation of Signs shall be paid for ashall be paid for ashall be paid for at the contract unit price each t the contract unit price each t the contract unit price each which
price shall include full
compensation for furnishing all equipment, tools, and labor, and doing all the work involved, as herein specified and l equipment, tools, and labor, and doing all the work involved,
as herein specified and l equipment, tools, and labor, and doing all the work involved, as herein specified and
no additional compensation will be allowed therefore.no additional compensation will be allowed therefore.no additional compensation will be allowed therefore.
13-21.Traffic Striping. This work shall consist of painting traffic striping including applying glass beads asThis work shall consist of painting traffic striping including applying
glass beads asThis work shall consist of painting traffic striping including applying glass beads as
per the Plans and in accordance with Section 84, "Traffic Stripes and Pavement Markings" of the Standard per the Plans and in accordance with Section 84, "Traffic Stripes and Pavement
Markings" of the Standard per the Plans and in accordance with Section 84, "Traffic Stripes and Pavement Markings" of the Standard
Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall Specifications except as provided herein, the Standard Plans, and these
Special Provisions. Contractor shall Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall
reference all existing striping prior toreference all existing striping prior toreference all existing striping prior to any grinding taking place on those streets that have traffic
striping.any grinding taking place on those streets that have traffic striping.any grinding taking place on those streets that have traffic striping.
All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted.All pavement legends and traffic striping shall be applied in thermoplastic unless
otherwise noted.All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted.All pavement legends and traffic striping shall be applied in thermoplastic
unless otherwise noted.All pavement legends and traffic striping shall be applied in thermoplastic unless otherwise noted.
MeasurementMeasurementMeasurement. Painting traffic stripes will be measured by the linear foot, along. Painting traffic stripes will be measured by the linear foot, along. Painting
traffic stripes will be measured by the linear foot, along the line of the traffic
stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4stripes, without deductions for gaps in broken traffic stripes. A double
traffic stripe consisting of two 4stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4-inch
wide yellow stripes, separated by a 3wide yellow stripes, separated by a 3wide yellow stripes, separated by a 3-inch black stripe, will be measured as one traffic stripe.
PaymentPaymentPaymentPayment. The cont. The cont. The contract price paid per linear foot for painted traffic stripes shall include full
compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all the work compensation for furnishing all labor, material, tools, equipment and incidentals,
and for doing all the work compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all the work compensation for furnishing all labor, material,
tools, equipment and incidentals, and for doing all the work compensation for furnishing all labor, material, tools, equipment and incidentals, and for doing all the work
involved in painting traffic stripes. involved in painting traffic stripes. involved in painting traffic stripes.
131313--2222..Pavement MarkingsPavement MarkingsPavement Markings. The Contractor shall furnish and apply traffic stripes, characters, arrows,
pavement markers, and other delineations and markings. These shall be reapplied in the original pattern on all pavement markers, and other delineations and markings. These shall be reapplied
in the original pattern on all pavement markers, and other delineations and markings. These shall be reapplied in the original pattern on all
roads except as shown on the striping plans, as specified herein, oroads except as shown on the striping plans, as specified herein, oroads except as shown on the striping plans, as
specified herein, or as directed by the Engineer. Contractor
Pavement markings which include crosswalks and turn arrows shall be painted and shall
Plans, and these Special
Provisions. Contractor shall reference all existing pavement markings prior to pavement grinding on those
streets that have pavement markings.
75
2019 STREET RECONSTRUCTION PROJECT 45 Spec. No. 19-09
Pavement Delineation. Paint shall be a 2-coat system and comply with Section 84-3 of the Standard
Specifications, and shall be used for curbs only. The use of either water or solvent-based paint will be determined
by the Engineer according to the time of year and air pollution control requirements. Paint shall be used at its
manufactured consistency. 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 therefor.the work involved as herein specified and no additional allowance will be made therefor.the
work involved as herein specified and no additional allowance will be made therefor.
Measurement. Pavement marking shall be measured as a lump sum.. Pavement marking shall be measured as a lump sum.. Pavement marking shall be measured as a lump sum.
Payment. The lump sum price paid for Pavement Marking shall include full compensation for . The lump sum price paid for Pavement Marking shall include full compensation for . The
lump sum price paid for Pavement Marking shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, referencing the existing pavement marking and ng all labor, materials, tools, equipment and incidentals, referencing
the existing pavement marking and ng all labor, materials, tools, equipment and incidentals, referencing the existing pavement marking and
doing all the work involved in painting pavement marking as designated by the Plans, and no additional doing all the work involved in painting pavement marking as designated by the Plans,
and no additional doing all the work involved in painting pavement marking as designated by the Plans, and no additional
compensation will be allowed therefore.
13-23.Reflective Pavement Markers (Blue). Blue, reflective, pavement markers shall be placed across from Blue, reflective, pavement markers shall be placed across from Blue, reflective,
pavement markers shall be placed across from Blue, reflective, pavement markers shall be placed across from Blue, reflective, pavement markers shall be placed across from
city fire hydrants, and conform to the provisions in section 3Bcity fire hydrants, and conform to the provisions in section 3Bcity fire hydrants, and conform to the provisions in section
3B--03 of the California Manual on Uniform Traffic 03 of the California Manual on Uniform Traffic 03 of the California Manual on Uniform Traffic
Control Devices and the attached figure 3B-102 (CA). All pavement makers shall also conform to the 102 (CA). All pavement makers shall also conform to the 102 (CA). All pavement makers
shall also conform to the
provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement provisions in Section 85 of the California Standard Specifications. Pavement
Adhesive used to install pavement provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement
markers shall conform to the requirements of Section 85 of the California Standard Specimarkers shall conform to the requirements of Section 85 of the California Standard Specimarkers
shall conform to the requirements of Section 85 of the California Standard Specifications.
Measurement. Placing pavement markers will be measured as . Placing pavement markers will be measured as . Placing pavement markers will be measured as a lump sum.
Payment. The contract price paid per each for pavement markers shall include full compensation for . The contract price paid per each for pavement markers shall include full compensation
for . The contract price paid per each for pavement markers shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, and furnishing all labor, materials, tools, equipment and incidentals, and furnishing all labor, materials, tools,
equipment and incidentals, and for doing all the work involved in placing
pavement markers.
13-24. Pavement Markers. . Pavement Markers. Blue, reflective, pavement markers shall be placed across from City fire hydrants, and Blue, reflective, pavement markers shall be placed
across from City fire hydrants, and Blue, reflective, pavement markers shall be placed across from City fire hydrants, and Blue, reflective, pavement markers shall be placed across
from City fire hydrants, and
conform to the provisions in Section 3Bconform to the provisions in Section 3Bconform to the provisions in Section 3Bconform to the provisions in Section 3Bconform to the provisions
in Section 3B-03 of the California Manual on Uniform Traffic Control Devices and the
attached figure 3B-102 (CA). All pavement makers shall also conform to the provisions in Section 85 of the 102 (CA). All pavement makers shall also conform to the provisions in Section
85 of the 102 (CA). All pavement makers shall also conform to the provisions in Section 85 of the
California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the California Standard Specifications. Pavement Adhesive used to install pavement
markers shall conform to the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the
requirements of Section 85 of the California Standard Specifications.ents of Section 85 of the California Standard Specifications.ents of Section 85 of the California Standard Specifications.
Existing pavement markers damaged by the work shall be replaced.Existing pavement markers damaged by the work shall be replaced.Existing pavement markers damaged by the work shall be
replaced.
PaymentPaymentPayment: : Pavement markersPavement markersPavement markersPavement markers shall be considered as included in the contract items paid for various items of work,
which price shawhich price shawhich price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and
for doing all the work involved in placing pavement markers.for doing all the work involved in placing pavement markers.for doing all the work involved in placing pavement markers.
131313---222555. . . PortlandPortlandCement Concrete. All Portland cement concrete on this project shall be in accordance with
Section 90 of the Amendments to July 2002 Standard Specifications, updated April 30, 2003.Section 90 of the Amendments to July 2002 Standard Specifications, updated April 30, 2003.Section
90 of the Amendments to July 2002 Standard Specifications, updated April 30, 2003.
changed to Class 2 concrete in accordance with Section 90 of the Amendments to July 2002 Standard
Specifications updated April 30, 2003.
13-26. Adjust Existing Valve Boxes and Manholes to Grade. Existing valve boxes and storm drain and sanitary
sewer manhole frames and covers located within the street section shall be adjusted to conform to finished
76
pavement grades.
2019 STREET RECONSTRUCTION PROJECT 46 Spec. No. 19-09
Contractor shall accurately locate and record the location of existing valve boxes and manholes to be raised to
grade and shall furnish the Engineer a copy of said record prior to starting construction.
All sections of valve boxes and grade rings and manhole frames shall be set in cement mortar the same day that
the grade rings and frames are placed. Asphalt concrete paving over cement mortar shall be installed by the end of
the following calendar day.
All silt and debris shall be removed from valve boxes and manhole frames. This shall include all existing silt and All silt and debris shall be removed from valve boxes and manhole
frames. This shall include all existing silt and All silt and debris shall be removed from valve boxes and manhole frames. This shall include all existing silt and
debris plus any material accumulated during the Contractors operation.
Payment: Adjusting Existing ValveBoxes and Manholes to Grade will be paid for at the contract unit price will be paid for at the contract unit price will be paid for at the contract
unit price
each, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing each, which price shall include full compensation for furnishing
all labor, materials, tools and equipment, and doing each, which price shall include full compensation for furnishing all labor, materials, tools and equipment, and doing
all the work involved in adjusting valve boxes and manhole frames and covers to grade as herein specified, and covers to grade as herein specified, and covers to grade as herein specified,
including:
required excavation and backfill,
additional grade rings if required,
location of existing boxes and covers to be adjusted to grade,
removing and disposing of silt and debris,
traffic control,
and no additional allowance will be made therefore. In the event that the Contractor encounters round water utility In the event that the Contractor encounters round water utility In
the event that the Contractor encounters round water utility
valve boxes, which must be raised, the Contractor is to contact the City Water Utility to obtain a replacement valve boxes, which must be raised, the Contractor is to contact the City
Water Utility to obtain a replacement valve boxes, which must be raised, the Contractor is to contact the City Water Utility to obtain a replacement
triangular valve box. The Utility will provide triangular replacements, provided that the Contractor is not required to y will provide triangular replacements, provided that the Contractor
is not required to y will provide triangular replacements, provided that the Contractor is not required to y will provide triangular replacements, provided that the Contractor is not
required to
replace them as part of the contract or due to Contractor damaging them.replace them as part of the contract or due to Contractor damaging them.replace them as part of the contract or
due to Contractor damaging them.replace them as part of the contract or due to Contractor damaging them.replace them as part of the contract or due to Contractor damaging them.
13-27.Public Notification.The contractor shall be responsible for all public notification rThe contractor shall be responsible for all public notification rThe contractor shall be responsible
for all public notification regarding construction
work including detours, lane and street closures, hours of owork including detours, lane and street closures, hours of owork including detours, lane and street closures, hours of operations,
and notification of aperations, and notification of aperations, and notification of affected commercial
businesses within 1000 feet of the construction. For any business impacted by construction, the contractor businesses within 1000 feet of the construction. For any business impacted
by construction, the contractor businesses within 1000 feet of the construction. For any business impacted by construction, the contractor
shall provide adequate sized on-site signage indicating that businesses are open during construction. The site signage indicating that businesses are open during construction. The site
signage indicating that businesses are open during construction. The
contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency contractor shall prepare public noticing via the newspaper, radio announcements,
notification of the emergency contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency
vehicle agencies, public transit, Ukiah Unified School Ukiah Unified School Ukiah Unified School District, that the project streets will be affected by
potential detours and street closures, with recommended alternate routes of travel. Through street access will potential detours and street closures, with recommended alternate routes
of travel. Through street access will potential detours and street closures, with recommended alternate routes of travel. Through street access will
be restricted to businesses and residents only during construction closures. Location of Sbe restricted to businesses and residents only during construction closures. Location of Sbe
restricted to businesses and residents only during construction closures. Location of Street Closures
signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead end signage shall be positioned to give motorists the ability to use alternate
routes prior to coming to a dead end signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead end
road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to road closed for construction. All proposed detours, closures and traffic
control methods shall be submitted to road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to
the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one pproval prior noticing to the public. All public noticing shall be performed
a minimum of one pproval prior noticing to the public. All public noticing shall be performed a minimum of one pproval prior noticing to the public. All public noticing shall be performed
a minimum of one
week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be week prior to instituting traffic control, and lane or street closures.
The tentative construction schedule shall be week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be week prior to instituting
traffic control, and lane or street closures. The tentative construction schedule shall be week prior to instituting traffic control, and lane or street closures. The tentative construction
schedule shall be
included in the public noticing. ncluded in the public noticing. ncluded in the public noticing. The contractThe contractThe contractor shall submit all public notice language to the
City Engineer
for approval prior to publication of notices. All road closures, detour routes, and traffic control for approval prior to publication of notices. All road closures, detour routes, and
traffic control for approval prior to publication of notices. All road closures, detour routes, and traffic control
including temporary lane closure plans shall be submitted by the Contractor to the City Engiincluding temporary lane closure plans shall be submitted by the Contractor to the City Engiincluding
temporary lane closure plans shall be submitted by the Contractor to the City Engineer for
approval prior to public noticing and use.approval prior to public noticing and use.approval prior to public noticing and use.
Payment:Payment:Payment: Public NotificationPublic NotificationPublic Notification will be paid for at the contract lump sum price, which price shall include full
compensation for furnishing all labor, materials, tools and equipment, and doingcompensation for furnishing all labor, materials, tools and equipment, and doingcompensation for furnishing
all labor, materials, tools and equipment, and doingcompensation for furnishing all labor, materials, tools and equipment, and doingcompensation for furnishing all labor, materials,
tools and equipment, and doing all the work involved with Public
NotificationNotificationNotification as herein specified, and no additional compensation will be allowed therefor.as herein specified, and no additional compensation will be allowed
therefor.
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
141414---0101. Provisions. Provisionsto be excludedfrom 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 Conditions are hereby determined to be inapplicable to the proposed
work and, therefore, are hereby excluded from 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 the terms of the Notice to Bidders, Proposal, Agreement and other contract
documents as though entirely omitted the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted
from said General Conditions:
(1) Section 6-02. Office at the Site
No other exclusions.
77
2019 STREET RECONSTRUCTION PROJECT 47 Spec. No. 19-09
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.
78
2019 STREET RECONSTRUCTION PROJECT 48 Spec. No. 19-09
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 68)
Unit prices filled out per instruction
Extended prices calculated correctly
Total bid amount calculated correctly
Sign the proposal, and provide complete information
CLSB No. and expiration date
Department of Industrial Relations Public Works Contractor Registration NumberDepartment of Industrial Relations Public Works Contractor Registration NumberDepartment of Industrial
Relations Public Works Contractor Registration Number
o Fair Employment Practices Certification (Page 74)
Filled out completely per instruction
o (Page 75)
Filled out completely per instruction
o Certification of Non-Discrimination in EmploymentEmploymentEmployment (Page(Page(Page(Page(Page 776)
Filled out completely per instruction
o List of Proposed Subcontractors (Page (Page (Page 777777)))
Include California Contractor License Number for eachInclude California Contractor License Number for eachInclude California Contractor License Number for each
Include DIR Public Works Contractor Registration Number for Include DIR Public Works Contractor Registration Number for Include DIR Public Works Contractor Registration Number for each
Identify what portion of work to be performedIdentify what portion of work to be performedIdentify what portion of work to be performed
o Statement of ExperienceStatement of Experience (Page (Page (Page 777888)))
o Signature of Bidder (Page (Page (Page 777999))
Filled out completely per instructionFilled out completely per instructionFilled out completely per instruction
Authorized signature providedAuthorized signature providedAuthorized signature provided
o (Page (Page (Page 80)
Filled out completely per instructionFilled out completely per instructionFilled out completely per instruction
ooo NonNonNon--CoCollusion Affidavit (Page 81)
Filled out completely per instruction
Notarized
o Addenda Issued
Signed and Returned
79
2019 STREET RECONSTRUCTION PROJECT 49 Spec. No. 19-09
CITY OF UKIAH
MENDOCINO COUNTY, CALIFORNIA
PROPOSAL
FOR
2019 STREET RECONSTRUCTION PROJECT
SPECIFICATION NO. 19-09
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal declares that he or she has examined thoroughly all of the contract
documents herein contained, that this proposal 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 is made without collusion with any other person, firm or corporation
and that all laws and ordinances relating to the 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 that he or she will contract with the City of Ukiah, Mendocino County, California,
in the form of the 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; to provide all necessary machinery, tools, apparatus and other means of construction; 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 to provide all superintendence, overhead expenses and all labor and expenses of whatever to
provide all superintendence, overhead expenses and all labor and expenses of whatever to provide all superintendence, overhead expenses and all labor and expenses of whatever 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 ry to complete the job in conformity with the specifications and drawings and ry to complete
the job in conformity with the specifications and drawings and ry to complete the job in conformity with the specifications and drawings and ry 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 other contract provisions herein or reasonably implied hereby or as necessary to complete
the 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 requirementwork in the manner and within the time named herein and according to the requirementwork in the manner
and within the time named herein and according to the requirements and to
the reasonable satisfaction of the City Engineer; the reasonable satisfaction of the City Engineer; the reasonable satisfaction of the City Engineer;
d) to pay all charges of freight transportation and hauling; to pay all charges of freight transportation and hauling; 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 that he or she indemnifies the City against any loss or damage arising from any act of the
that he or she indemnifies the City against any loss or damage arising from any act of the
undersigned as Contractor; andundersigned as Contractor; andundersigned as Contractor; and
3) that he or she will accept as full payment therefor the following sums:t he or she will accept as full payment therefor the following sums:t he or she will accept as full payment
therefor the following sums:
7:
2019 STREET RECONSTRUCTION PROJECT 50 Spec. No. 19-09
BIDDING SCHEDULE
In case of discrepancy between words and figures, the words shall prevail.Inany discrepancy between unit prices
and extended amounts for a bid item using unit prices (specified unit price multiplied by specified quantity for bid
item does not equal the extended amount for the item), the specified unit price will control and will be used by the
City to compare bids in selecting the lowest bid and in awarding the contract. If the specified total bid amount does
not equal the total of the extended amounts for all bid items, the City will use the total of the extended amounts for
each bid item (adjusted, if necessary, so that the extended amount equals the specified unit price multiplied by the the specified unit price multiplied by the
specified quantity for that bid item) to compare bids in selecting the lowest bid.
The Unit prices for the various Construction Items below include all costs associated with the General Conditions, The Unit prices for the various Construction Items below include all
costs associated with the General Conditions, 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, invisions, Requirements of the Construction Contract, and represent the total, complete,
in---place cost for place cost for place cost for
each specific Construction Item in accordance with the Construction Documents, including all elements, work specific Construction Item in accordance with the Construction Documents,
including all elements, work 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 hown in applicable details or required to yield a complete, sound and
hown 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 functional component or system appropriate for its intended function,
whether or not such is specifically described 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 unt of the Construction items below shall unt of the Construction items
below shall
represent the total and complete cost of the fully functional Project. All work not specifically listed below be represent the total and complete cost of the fully functional Project.
All work not specifically listed below be 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 considrequired to complete the work of the various construction items and the cost of such
shall be considrequired 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.included throughout the various unit prices indicated. Lowest bid will be based
on the lowest Base Bid.included throughout the various unit prices indicated. Lowest bid will be based on the lowest Base Bid.
81
2019 STREET RECONSTRUCTION PROJECT 51 Spec. No. 19-09
NAME OF BIDDER:
SPEC #: 19-09
PROJECT NAME:2019 STREET RECONSTRUCTIONPROJECT
ITEM
DESCRIPTIONQUANTITYUNITUNIT PRICEEXTENDED PRICE
NO.
1 TRAFFIC CONTROL 1 LS
$____________ $_________________________$_________________________$_________________________
MOBILIZATION /
2 1 LS
DEMOBILIZATION
$____________ $_________________________$_________________________$_________________________
3 ROADWAY EXCAVATION 5,525 CY
$____________ $_________________________$_________________________$_________________________
4 SUBGRADE STABILIZATION 250 SY
$____________ $_________________________$_________________________$_________________________
5 SOIL STABILIZATION FABRIC 11,051 SY
$____________ $_________________________$_________________________$_________________________
6 AGGREGATE BASE 3,684 CY
$____________$____________$____________ $_________________________$_________________________$_________________________
ASPHALT CONCRETE FIBER
7 3,813 TN
REINFORCED
$____________$____________$____________ $_________________________
8 EDGE GRINDING 8 CY
$____________$____________$____________$____________$____________ $_________________________
9 ADJUST MANHOLE TO GRADE 10 EAEA
$____________$____________$____________ $_________________________
10 ADJUST VALVE BOX TO GRADE 26 EAEA
$____________$____________ $_________________________
11 PCC CURB AND GUTTER 230230 LFLF
$____________ $_________________________
12 PCC CURB RAMP 1,6651,665 SF
$____________ $_________________________
13 PCC SIDEWALK 84 SF
$____________ $_________________________
PCC CURB AT SIDES AND BACK PCC CURB AT SIDES AND BACK PCC CURB AT SIDES AND BACK
14 43 LF
OF CURB RAMPS
$____________ $_________________________
15 PCC DRIVEWAY APRONPCC DRIVEWAY APRON 312 SF
$____________ $_________________________
REINSTALL / RELOCATE SIGN REINSTALL / RELOCATE SIGN
16 3 EA
POSTS
$____________ $_________________________
TRAFFIC STRIPES AND TRAFFIC STRIPES AND TRAFFIC STRIPES AND
17 1 LS
PAVEMENT MARKINGSPAVEMENT MARKINGS
$____________ $_________________________
18 PUBLIC NOTIFICATIONPUBLIC NOTIFICATION 1 LS
$____________ $_________________________
CONSTRUCTION SURVEYING & CONSTRUCTION SURVEYING &
1919 1 LS
STAKINGSTAKING
$____________ $_________________________
82
2019 STREET RECONSTRUCTION PROJECT 52 Spec. No. 19-09
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 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 ContracLicensed in accordance with an act providing for the registration of California ContracLicensed
in accordance with an act providing for the registration of California Contractors License No. tors License No. tors License No.
___________, expiration date _____________.
THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER 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:Number:Number: ____________________________________________
Signature of bidder or bidders, with business name, address, phone number and fax number:Signature of bidder or bidders, with business name, address, phone number and fax number:Signature
of bidder or bidders, with business name, address, phone number and fax number:
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________
Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and Notice: In the case of a corporation, give below the addresses of the principal
office thereof and names and 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.retary, Treasurer.retary, Treasurer.
___________________________________________________________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________________________________________________________________________
83
2019 STREET RECONSTRUCTION PROJECT 53 Spec. No. 19-09
FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO: _____________________________________________________________
________________________________________________________________
The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or shThe 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 has or will meet the standards of affirmative compliance with the Fair
Employment Practices requirements of the has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the
Special Provisions contained herein.
2019 STREET RECONSTRUCTION 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.)(The bidder shall execute the certification of this page prior to submitting his or
her proposal.)(The bidder shall execute the certification of this page prior to submitting his or her proposal.)
84
2019 STREET RECONSTRUCTION PROJECT 54 Spec. No. 19-09
WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against
liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I
will comply with such provisions before commencing the performance of the work of this contract.
Witness my hand this________ day of _______________, 20___
Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
85
2019 STREET RECONSTRUCTION PROJECT 55 Spec. No. 19-09
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(This certification shall be executed by the bidder in accordance with Section 60(This certification
shall be executed by the bidder in accordance with Section 60---1.6 of the Regulations of the 1.6 of the Regulations of the
President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 anPresident's Committee on Equal Employment Opportunity for implementing Executive Orders
10925 anPresident's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)
86
2019 STREET RECONSTRUCTION PROJECT 56 Spec. No. 19-09
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 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 1to be done by each subcontractor.(See General Conditions Section 1to
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 contractor their Department of Industrial Relations Public Works Contractor
contractor their Department of Industrial Relations Public Works Contractor
Registration Number.
SUBCONTRACTOR
SUBCONTRACTOR SUBCONTRACTOR SUBCONTRACTOR
DIR REGISTRATION DESCRIPTION OF WORKDESCRIPTION OF WORKDESCRIPTION OF WORK
NAMELICENSE NUMBERBUSINESS ADDRESS
NUMBER
87
2019 STREET RECONSTRUCTION PROJECT 57 Spec. No. 19-09
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.
____________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
____________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
______________________
____________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
88
2019 STREET RECONSTRUCTION PROJECT 58 Spec. No. 19-09
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 person is a corporation, provide the legal name of corporation 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 partnership, provide the true partnership, provide the true
name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested firm. If bidder or other interested 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:Licensed in accordance with an act providing for the registration of Contractors:Licensed in accordance
with an act providing for the registration of Contractors:
License No. ______________________________, License Expiration Date License No. ______________________________, License Expiration Date 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 togeNOTE: If bidder is a corporation, the legal name of the corporation shall be set forth
above togeNOTE: 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 the signature of the officer or officers authorized to sign contracts
on behalf of the corporation; if bidder is a 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 partnership, the true name of the firm shall be set forth above together
with the signature of the partner 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 cod to sign contracts in behalf of the cod 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 her signature shall be placed above. If a member of a partnership, a Power
of Attorney must be on file with 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 tthe Department prior to opening bids or submitted with tthe Department prior to opening bids or submitted with the bid; otherwise,
the bid will be disregarded as
irregular and unauthorized.irregular and unauthorized.irregular and unauthorized.
Business address: ______________________________________________________________________________________________________
___________________________________________________
Place of residence:Place of residence:Place of residence: ___________________________________________________
___________________________________________________
Dated:Dated:Dated: __________________
89
2019 STREET RECONSTRUCTION PROJECT 59 Spec. No. 19-09
CITY OF UKIAH
Mendocino County, California
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________
________________________________________________________________, as PRINCIPAL and________________________________________________________________, as PRINCIPAL and
________________________________________________________________
________________________________________________________________, as SURETY,________________________________________________________________, as SURETY,_______________________________________________
_________________, as SURETY,
are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF e held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF
THE TOTAL AMOUNT OF e 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 THE BID of the Principal above named, submitted by said Principal
to the City of Ukiah, as the case may be, for the 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 f which sum in lawful money of the United States, well and truly to be f
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 made, to the City Clerk to which said bid was submitted, we bind ourselves,
our heirs, executors, administrators 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 se shall the liability of the surety hereunder se shall the liability
of the surety hereunder
exceed the sum of $____________________
THE CONDITION OF THIS OBLIGATION IS SUCH,THE CONDITION OF THIS OBLIGATION IS SUCH,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 That whereas the Principal has submitted the above mentioned bid to the
City of Ukiah, as aforesaid, for certain That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain 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 on specifically described as follows, for which bids are to be
opened at the Office of the City Clerk, Ukiah on specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah on specifically described
as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah on specifically described as follows, for which bids are to be opened at the Office of the City Clerk,
Ukiah
Civic Center, Ukiah, California, on June 6, 2019for 2019 STREET RECONSTRUCTION PROJECTfor 2019 STREET RECONSTRUCTION PROJECTfor 2019 STREET RECONSTRUCTION PROJECT.
NOW, THEREFORE, If the aforesaid Principal is awarded theNOW, THEREFORE, If the aforesaid Principal is awarded theNOW, THEREFORE, If the aforesaid Principal is awarded the contract and,
within the time and manner required contract and, within the time and manner required 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 under the specifications, after the prescribed forms are presented
to him or her for signatures, enters into a written 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 contract, in the prescribed form, in accordance with the bid and files two bonds with 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, guarantee faithful performance and the other to guarantee payment for labor
and materials, as required by law, 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.then this obligation shall be null and void; otherwise, it shall be and remain
in full force and virtue.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 ________________, EREOF, we have hereunto set our hands and seals on this ______ day of ________________,
EREOF, we have hereunto set our hands and seals on this ______ day of ________________,
A.D. 20_____.
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
____________________________________________________________________________________________________________________________(Seal)
Principal
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)_______________________________
___________________(Seal)__________________________________________________(Seal)
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
SuretySuretySurety
Address:Address:Address: __________________________________________________________
__________________________________________________________
__________________________________________________________
8:
2019 STREET RECONSTRUCTION PROJECT 60 Spec. No. 19-09
NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.
To City Council, City of Ukiah:
The undersigned in submitting a bid for performing 2019 STREET RECONSTRUCTION PROJECT by contract, The undersigned in submitting a bid for performing 2019 STREET RECONSTRUCTION PROJECT
by contract, The undersigned in submitting a bid for performing 2019 STREET RECONSTRUCTION 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, eement, participated in any collusion, eement, participated in any collusion,
or otherwise taken any action in restraint of free competitive bidding in connection with such contract.or otherwise taken any action in restraint of free competitive bidding in connection
with such contract.or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
______________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________Business Address:__________________________________________________Business Address:________________________________________________
__
______________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________________________________________
Place of Residence:__________________________________________________sidence:__________________________________________________sidence:__________________________________________________
______________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
___________________________________________________
NOTARIZATIONNOTARIZATIONNOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____.Subscribed and sworn to before me this ______ day of _________, 20____.Subscribed and sworn to before me this ______
day of _________, 20____.Subscribed and sworn to before me this ______ day of _________, 20____.Subscribed and sworn to before me this ______ day of _________, 20____.
______________________________________________________________________________________________________________________________________________________
Notary Public in and for the County of______________________________, State of California.Notary Public in and for the County of______________________________, State of California.Notary
Public in and for the County of______________________________, State of California.
My Commission Expires ________________________, 20 ____.
91
2019 STREET RECONSTRUCTION PROJECT 61 Spec. No. 19-09
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
2019 STREET RECONSTRUCTION PROJECT
SPECIFICATION NO. 19-09
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between
the City of Ukiah, THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and __________________Mendocino County, California, hereinafter called the City and __________________Mendocino County, California,
hereinafter called the City and __________________Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the _____ hereinafter called
the _____ hereinafter called the
Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract WHEREAS, the City has caused to be prepared in accordance with law, specifications,
drawings and other contract 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 contdocuments for the work herein described and shown and has approved and adopted these contdocuments
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 specifications and drawings and has caused to be published in the manner
and for the time required by law a notice 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 to bidders inviting sealed proposals for doing the work in accordance with the
terms of this contract and 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 ractor, in response to the notice to bidders, has submitted to the City a sealed
proposal ractor, 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 accompanied by a proposal guaranty in an amount of not less than 10
percent of the bid price for the construction 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 ofof the proposed work in accordance with the terms ofof 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 WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined
and canvassed the 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 proposals submitted and as a result has determined and declared the Contractor
to be the lowest and best regular 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,the work and for the sums named in the proposal,the work and for the sums named in the proposal,the work and for
the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:NOW, THEREFORE, THIS AGREEMENT WITNESSETH:NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.Article 1. Work to be Done and Contract Days Allowed.Article 1. Work to be Done and Contract Days Allowed.Article 1. Work to
be Done and Contract Days Allowed.Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of constructioThat the Contractor shall provide all necessary machinery, tools, apparatus
and other means of constructioThat 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 furnish all materials, superintendence, overhead, expenses, all labor
and expenses of whatever nature necessary furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary furnish all materials, superintendence,
overhead, expenses, all labor and expenses of whatever nature necessary 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 for completion of the work in conformity with the Special Provisions
and other contract documents hereto attached for completion of the work in conformity with the Special Provisions and other contract documents hereto attached for completion of the
work in conformity with the Special Provisions and other contract documents hereto attached for completion of the work in conformity with the Special Provisions and other contract documents
hereto attached
and according to suchand according to suchand according to such instructions as may be given by the Engineer. The Contractor shall complete the work within
twentytwentytwenty (((2020))) workingworkingworking days. Contract days shall be counted starting with the 10th day following receipt of notice that
the contract has been executed by the City. Cthe contract has been executed by the City. Cthe 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 counting contract days, however, in no event shall the Contractor start
work without giving notification to the 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 enEngineer at least 72 hours prior to the start of work, without obtaining an enEngineer 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 Engineerwithout having submitted certificates of insurance that have been accepted and
approved by the Engineerwithout having submitted certificates of insurance that have been accepted and approved by the Engineer
Article II. Contract Prices.
2019 STREET RECONSTRUCTION PROJECT 62 Spec. No. 19-09
92
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 nature of the work or from the action of the elements, or from any
unforeseen obstructions or difficulties which may 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 f the work; for all risks of every description connected therewith; for
all f 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 expenses of the work, as herein specified; for all liability and
other insurance, for all overhead and other expenses 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 Special Provisions, the Details, the instructions and 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, nt of persons upon public works because of the race, nt 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 color, national origin or ancestry, or religion of such persons and every
contractor for public works violating 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."this section is subject to all the penalties imposed for a violation of this chapter."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:connection with the performance of work under this contract, the Contractor agrees as
follows: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 The Contractor will not willfully discriminate against any employee or an applicant
for employment The Contractor will not willfully discriminate against any employee or an applicant for employment
because of race, color, religion, ancestry, or national obecause of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action rigin. The Contractor
will take affirmative action rigin. The Contractor will take affirmative action
to ensure that applicants are employed and that employees are treated during employment without to ensure that applicants are employed and that employees are treated during employment
without to ensure that applicants are employed and that employees are treated during employment without to ensure that applicants are employed and that employees are treated during
employment without 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 regard to their race, color, religion, ancestry, or national origin. Such action
shall include, but not be 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 mited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment mited 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 advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for advertising; layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees totraining, including apprenticeship. The Contractor agrees totraining, 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 employees and applicants for employment, notices to be provided by the awarding authority
setting employees and applicants for employment, notices to be provided by the awarding authority setting
forth the provisions of this Fair Employment Practice section.forth the provisions of this Fair Employment Practice section.forth the provisions of this Fair Employment Practice section.
(b) The Contractor will send to each labor union or The Contractor will send to each labor union or 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 collective bargaining agreement or other contract or understanding, a notice, to be
provided by the 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 awarding authority, advising the said labor union or worker's representative of the Contractor's
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.ments under this section, to employees and applicants for employment.ments under this section, to employees
and applicants for employment.
(c) The Contractor will permit access to his or her records of employment, employment advertisements, The Contractor will permit access to his or her records of employment, employment
advertisements, The Contractor will permit access to his or her records of employment, employment advertisements, The Contractor will permit access to his or her records of employment,
employment advertisements, 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 Practapplication forms and other pertinent data and records by the Fair Employment Practapplication 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 Commission, City of Ukiah or any other appropriate agency of the State of California
designated by 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 the awarding authority, for the purposes of investigation to ascertain compliance with
the Fair the awarding authority, for the purposes of investigation to ascertain compliance with the Fair
Employment Practices section of this contract.Employment Practices section of this contract.Employment Practices section of this contract.
(d) A fiA fiA finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair nding of willful violation of the Fair Employment Practices section
of this Contract or of the Fair nding 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 Employment Practices Act shall be regarded by the awarding authority as a basis for
determining the 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 futureContractor to be not a "responsible bidder" as to future contracts for which such Contractor may
submit bids, for revoking the Contractor's presubmit 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.
2019 STREET RECONSTRUCTION PROJECT 63 Spec. No. 19-09
93
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 thThe Contractor agrees that should the City determine that the Contractor has not
complied with thThe Contractor agrees that should the City determine that the Contractor has not complied with the e e
Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and Fair Employment Practices section of this Contract, then pursuant to Labor Code Section
1735 and 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 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar
day or portion thereof, for 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 compliance, the penalties provided compliance, the penalties provided
in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the in the Labor Code for violation of prevailing wage rates. Such monies may be recovered
from the 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.Contractor. The City may deduct any such damages from any monies due the Contractor.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 is Fair Employment Practices section shall be construed in any manner of is 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 fashion so as to prevent the City or the State of California from pursuing any
other remedies that may 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 certify to the awarding authority that he or she has 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 or will meet the following standards for affirmative compliance, which shall be
evaluated in each case 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(1) The Contractor shall provide evidence, as required by the City that(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 antisupervisors, foremen and other personnel officers in writing of the content of the antisupervisors,
foremen and other personnel officers in writing of the content of the antisupervisors, 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 (2) The Contractor shall provide evidence, as required by the City, that he or (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 antiDepartment of Employment) of the content of the antiDepartment of Employment) of the content of the anti-discrimination clause.
(3) The Contractor shall file a basic compliance report, as required (3) The Contractor shall file a basic compliance report, as required (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 statements made in such reports shall be punishable as provided by law. The compliance
report shall 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 also spell out the sources of the work force and who has the responsibility for determining
whom to 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, or whether or not to hire, or whether or not to hire.hire.hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with (4) Personally, or through his or her representatives, the Contractor shall,
through negotiations with (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:the unions with whom he or she has agreements, attempt to develop an agreement which will:the
unions with whom he or she has agreements, attempt to develop an agreement which will:the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination a. Spell out responsibilities for nondiscrimination a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading
and training.
b. Otherwise implement an affirmative antib. Otherwise implement an affirmative antib. 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 specific areas of skill and geography to the end that qualified minority workers will
be available specific areas of skill and geography to the end that qualified minority workers will be available
and given and equal and given and equal and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti(5) The Contractor shall notify the City of opposition to the anti(5) The Contractor shall notify the City of opposition
to the anti-discrimination clause by individuals,
firms or organizations during the period of its prefirms or organizations during the period of its pre-qualification.
(h)(h)(h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier
subcontract so that such provisions will be binding upon each such subcontractor.
(i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of
submitting the bid.
Article IV. Parts of the Contract.
2019 STREET RECONSTRUCTION PROJECT 64 Spec. No. 19-09
94
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 parIN WITNESS WHEREOF, this contract being executed in duplicate and the parIN WITNESS WHEREOF, this contract being
executed in duplicate and the parties having caused their names to ties having caused their names to ties having caused their names to
be signed by authority of their duly authorized office this _____ day of _____________, 20____.be signed by authority of their duly authorized office this _____ day of _____________,
20____.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 UKIAHCITY CLERK, CITY OF UKIAHCITY CLERK, CITY OF UKIAH
By: __________________________________________________________________________________________________________________________________________________________________________________________
CONTRACTOR
Attest: _______________________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________
Title: __________________________________________________________________________________________________________________________________________________________________________________________
The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.The foregoing contract is approved as to form and legality this ______ day of ______________,
20 ____.The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____.
______________________________________________________________________________________________________________________________________________________
CITY ATTORNECITY ATTORNECITY ATTORNEY, CITY OF UKIAH
2019 STREET RECONSTRUCTION PROJECT 65 Spec. No. 19-09
95
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by This Indemnification Agreement is made and entered in Ukiah, California, on
_________________, 20____, by This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by
and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).and between the City of Ukiah (Ukiah) and ______________________________________
(Contractor).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 prAs a condition of issuing the work order, attached hereto, Ukiah requires assurance
that Contractor will prAs 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.Ukiah from damage or damage claims which arise from its performance of the work.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 . Contractor shall indemnify and hold harmless Ukiah and its officers,
agents, and employees . Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees . Contractor shall indemnify and hold harmless Ukiah and its officers,
agents, and employees . 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 ainst any claim, loss, or damage, including the legal and other costs
of defending against any claim of ainst any claim, loss, or damage, including the legal and other costs of defending against any claim of
attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other r damages resulting from the sole and exclusive negligence or other r
damages resulting from the sole and exclusive negligence or other
wrongful conduct of Ukiah or its officers, agents and employees.wrongful conduct of Ukiah or its officers, agents and employees.wrongful conduct of Ukiah or its officers, agents and
employees.
CONTRACTOR
BY: _____________________________________________________________________________________________________________________________________________
TITLE: _____________________________________________________________________________________________________________________________________________
2019 STREET RECONSTRUCTION PROJECT 66 Spec. No. 19-09
96
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________That we the undersigned, ______________________________________________________________That we
the undersigned, ______________________________________________________________
__________________________________________________________________________________, ___________________, ___________________,
AS PRINCIPAL, and
__________________________________________________________________________________, __________________________________________________________________________________, _______________________________
___________________________________________________,
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH
dollars ($____________________)dollars ($____________________)dollars ($________________
____)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and for the payment of which sum we bind ourselves, our heirs, executors,
administrators, and successors, jointly and 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_____,, the Principal has entered into a certain Contract with the City, dated __________,
20_____,, the Principal has entered into a certain Contract with the City, dated __________, 20_____,, the Principal has entered into a certain Contract with the City, dated __________,
20_____,, 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,a copy of which is hereto attached and made a part hereof,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 respec, the condition of this obligation is such that if the Principal shall in all respec,
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 Contract and all duly authorized modifications thereof, during its
original term and any extensions thereof that may 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 albe granted and during any guaranty period for which the Contract
provides, and if the Principal shall fully satisfy albe 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 claims, arising out of the prosecution of the work under the Contract
and shall fully indemnify the City for 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 expenses which it may incur by reason of such claims, including its attorney's
fees and court costs, and if the 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 ment to all persons supplying labor, services, materials, or equipment in the
ment 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 prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action 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 hereupon; and if the Principal shall pay or cause to be paid all 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 performance of the Contract as well as payment of gasoline and special
motor fuels taxes in the performance 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 Contract and all motor vehicle fees required for commercial motor vehicles used in connection
Contract and all motor vehicle fees required for commercial motor vehicles used in connection 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 performance of the Contract, then this obligation shall be void;
otherwise, it shall remain in full force and effect. No performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No performance
of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No 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 modification of the Contract or extension of the term thereof,
nor any forbearance on the part of the City shall in any 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, lease the Principal or the Surety from liability hereunder. Notice to
the Surety of any such modification, lease the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.extension, or forbearance is hereby waived.extension, or forbearance is hereby waived.
IN WITNESS WHEREOFIN WITNESS WHEREOFIN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ day of _______________,20_______.hereto, this ________ day of _______________,20_______.hereto, this ________ day of _______________,20_______.hereto, this ________
day of _______________,20_______.hereto, this ________ day of _______________,20_______.
In the presence of:In the presence of:In the presence of:
WITNESS:WITNESS:WITNESS:
_________________________________ _________________________________ _________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
97
2019 STREET RECONSTRUCTION PROJECT 67 Spec. No. 19-09
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
_________________________________________________________________________________________________________
(Business Address)
_________________________________________________________________________________________________________
(City/State/Zip Code)
ATTEST:
________________________________________________________________________________________________
(Corporate Principal)(Corporate Principal)(Corporate Principal) Affix
CorporCorporate
Seal
_________________________________________________________________________________________________________
(Business Address)(Business Address)(Business Address)
_________________________________________________________________________________________________________
(City/State/Zip Code)(City/State/Zip Code)(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 rate of premium on this bond is $___________________________ per thousand.The rate of premium on this
bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..The total amount of premium charges is $____________________________..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 (The above is to be filled in by Surety Company). (Power of Attorney
of person signing for Surety Company must be (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be (The above is to be filled
in by Surety Company). (Power of Attorney of person signing for Surety Company must be (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety
Company must be
attached).attached).attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________I,_________________________________________, certify that I am the ______________________I,___________________
______________________, certify that I am the ______________________________
Secretary of the corporation named as Principal in the foregoing bond; that Secretary of the corporation named as Principal in the foregoing bond; that Secretary of the corporation named
as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then _______________________________________, who signed the said bond on behalf of
the Principal, was then _______________________________________, 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
98
2019 STREET RECONSTRUCTION PROJECT 68 Spec. No. 19-09
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________
__________________________________________________________________________, AS PRINCIPALAS PRINCIPALAS PRINCIPAL, and
_______________________________________________________________________________________________________________________________________________________________________________________________________
_______________________
__________________________________________________________________________, __________________________________________________________________________, _______________________________________________
___________________________, AS SURETYAS SURETYAS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafte
dollars ($____________________)dollars ($____________________)dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and for the payment of which sum we bind ourselves, our heirs, executors,
administrators, and successors, jointly and 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 certain Contract with the City, dated _________________, 20_____,a certain
Contract with the City, dated _________________, 20_____,a certain Contract with the City, dated _________________, 20_____,a certain Contract with the City, dated _________________,
20_____,
a copy of which is hereto attached and made a part hereof,a copy of which is hereto attached and made a part hereof,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 , the condition of this obligation is such that if the Principal
shall in all respects fully perform the , 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 and all duly authorized modifications thereof, during its original
term and any extensions thereof that may 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 be granted and during any guaranty period for which the Contract
provides, and if the Principal shall fully satisfy all 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 rosecution of the work under the Contract and shall fully indemnify the
City for all rosecution 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 expenses which it may incur by reason of such claims, including its attorney's
fees and court costs, and if the 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 Principal shall make full payment to all persons supplying 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 prosecution of the work under the Contract, in default of which such
persons shall have a direct right of action 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 ashereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable
ashereupon; 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 performance of the Contract as well as payment of gasoline and special
motor fuels taxes in the performance 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 Contract and all motor vehicle fees required for commercial motor vehicles used
in connection with the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with 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 ntract, then this obligation shall be void; otherwise, it shall
remain in full force and effect. No ntract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No ntract, then this obligation shall be void; otherwise,
it shall remain in full force and effect. No ntract, 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 modification of the Contract or extension of the term thereof,
nor any forbearance on the part of the City shall in any 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 Surway release the Principal or the Surway release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification,
extension, or forbearance is hereby waived.extension, or forbearance is hereby waived.extension, or forbearance is hereby waived.
IN WITNESS WHEREOFIN WITNESS WHEREOFIN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals
hereto, this ________ dayhereto, this ________ dayhereto, this ________ dayhereto, this ________ dayhereto, this ________ day of _______________,20_______.
In the presence of:In the presence of:In the presence of:
WITNESS:WITNESS:WITNESS:
____________________________________________________________________________________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
99
2019 STREET RECONSTRUCTION PROJECT 69 Spec. No. 19-09
WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
_________________________________________________________________________________________________________
(City/State/Zip Code)
ATTEST:
________________________________________________________________
(Corporate Principal)(Corporate Principal)(Corporate Principal) AffixAffix
CorporateCorporateCorporate
Seal
___________________________________________________________________________
(Business Address)(Business Address)(Business Address)
____________________________________________________________________________________________________________________________________________
(City/State/Zip Code)(City/State/Zip Code)(City/State/Zip Code)(City/State/Zip Code)(City/State/Zip Code)
ATTEST:
____________________________ ________________________________________________________________________________________________ Affix
(Corporate Surety)(Corporate Surety)(Corporate Surety) Corporate
Seal
_________________________________________________________________________________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.The rate of premium on this bond is $___________________________ per thousand.The rate of premium on this
bond is $___________________________ per thousand.
The total amount of premium charges is $____________________________..The total amount of premium charges is $____________________________..The total amount of premium charges is $___________________
_________..
(The above is to be fill(The above is to be fill(The above is to be fill(The above is to be fill(The above is to be filled in by Surety Company). (Power of Attorney of person signing
for Surety Company must be ed in by Surety Company). (Power of Attorney of person signing for Surety Company must be
attached).attached).attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ I,_________________________________________, certify that I am the ______________________________
I,_________________________________________, certify that I am the ______________________________
Secretary of thSecretary of thSecretary of the corporation named as Principal in the foregoing bond; that
_______________________________________, who signed the said bond on behalf of the Principal, was then _______________________________________, who signed the said bond on behalf of
the Principal, was then _______________________________________, who signed the said bond on behalf of the Principal, was then
____________________________________________ of said corporation; that I know his signature,____________________________________________ of said corporation; that I know his signature,_______________
_____________________________ 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
9:
2019 STREET RECONSTRUCTION PROJECT 70 Spec. No. 19-09
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 If the Principals are partners or joint venturers, each member shall execute
the bond as an individual and 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.he bond shall be executed under its corporate seal.he 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 If the corporation has no corporate seal, it shall so state and affix a
scroll or adhesive seal following the 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 The official character and authority of the person(s) executing the bond The official character and authority
of the person(s) executing the bond for the Principal, if a corporation, for the Principal, if a corporation, for the Principal, if a corporation,
shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies shall be certified by the Secretary or Assistant Secretary thereof under the corporate
seal, or copies 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 attached to such records of the corporation as will evidence the official
character and authority of the officer 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.ning, duly certified by the Secretary or Assistant Secretary, under the corporate
seal, to be true copies.ning, 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.attorney of the person signing for the surety company must be attached to
the bond.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.rior to the date of the Contract.rior to the date of the Contract.rior to the date of the Contract.rior to the
date of the Contract.
9. The following information must be placed on the bond by the surety company:The following information must be placed on the bond by the surety company:The following information must
be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; andThe rate of premium in dollars per thousand; andThe rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.The total dollar amount of premium charged.The total dollar amount of premium charged.
10. The signature of a witness shall apThe signature of a witness shall apThe signature of a witness shall appear in the appropriate place attending to the signature of each party of
pear in the appropriate place attending to the signature of each party of pear 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.Type or print the name underneath each signature appearing on the bond.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 countAn executed copy of the bond must be attached to each copy of the Contract (original countAn
executed copy of the bond must be attached to each copy of the Contract (original countAn executed copy of the bond must be attached to each copy of the Contract (original countAn executed
copy of the bond must be attached to each copy of the Contract (original counterpart)
intended for signing.intended for signing.intended for signing.
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2019 STREET RECONSTRUCTION PROJECT 71 Spec. No. 19-09
CITY OF UKIAH
Mendocino County, California
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________
__________________________________________________________________, as PRINCIPALPRINCIPALPRINCIPAL
and__________________________________________________________________________and__________________________________________________________________________and__________________________________________
________________________________
___________________________________________________________________, as ___________________________________________________________________, as SURETYSURETYSURETY,
are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of 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, to which payment well and truly to be made, we do bind ourselves, our and each
of our heirs, executors, 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.administrators, successors and assigns jointly and severally, firmly by these presents.administrators,
successors and assigns jointly and severally, firmly by these presents.administrators, successors and assigns jointly and severally, firmly by these presents.administrators, successors
and assigns jointly and severally, firmly by these presents.
WHEREAS, the said Principal entered into a Contract with the City ot with the City ot with the City of Ukiah
dated_________________________
for _________________________________________________________________________________for _________________________________________________________________________________for ___________________
______________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________
_____________________________________________________
WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, as been completed, and was approved on the ______ day of ___________, as been completed,
and was approved on the ______ day of ___________,
_________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCHNOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCHNOW, 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 becthe work will be free of any defective materials or workmanship which becthe 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 year following completion of the Contract, then this obligation shall
be void, otherwise to remain in full force and 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 exeffect, provided however, any additional warranty or guarantee whether expressed or implied
is exeffect, provided however, any additional warranty or guarantee whether expressed or implied is exeffect, provided however, any additional warranty or guarantee whether expressed
or implied is exeffect, 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.Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.Principal
or Manufacturer only, and the surety assumes no liability for such a guarantee.Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.Principal or
Manufacturer only, and the surety assumes no liability for such a guarantee.
Signed, sealed, and dated this __________ day of ____________, 20_____.Signed, sealed, and dated this __________ day of ____________, 20_____.Signed, sealed, and dated this __________
day of ____________, 20_____.
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
BY:_________________BY:_________________BY:_________________BY:_________________BY:_______________________________________________(Seal)
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
PrincipalPrincipalPrincipal
__________________________________________________(Seal)__________________________________________________(Seal)__________________________________________________(Seal)
BY:_______________________________________________(Seal)BY:_______________________________________________(Seal)
__________________________________________________(Seal)
Surety
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2019 STREET RECONSTRUCTION PROJECT 72 Spec. No. 19-09
2
3
4
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Master Services Agreement:
City of Ukiah
THIS Master Services Agreement (“Agreement”) is agreed to by and between CivicPlus, LLC., d/b/a CivicPlus (“CivicPlus”) and City
of Ukiah;(“Client”) (referred to individually as “Party” and jointly as “Parties”) and shall be effective as of the later date of signing
indicated at the end of this Agreement (“Effective Date”).
RECITALS
I. WHEREAS, CivicPlus is engaged in the business of developing, marketing and selling custom community engagement and
government management platforms and services that include but are not limited to web sites, web interfaces and portals and
proprietary software systems and associated modules; in addition to project development, design, implementation, support and hosting
services for same;
II.WHEREAS, Client wishes to engage in a relationship with CivicPlus for such services and/or license for the development and use
of proprietary software developed and owned by CivicPlus;
III.WHEREAS, Client and CivicPlus have agreed to certain terms as set forth in this Agreement by this written instrument duly
executed by the Parties;
NOW, THEREFORE, Client and CivicPlus agree as follows:
Term & Termination
1.This Agreement shall commence on the date set forth below and shall remain in full force and effect during the term of any
associated or attached Statement of Work (“SOW”) between CivicPlus and Client. This Agreement and any associated or attached
SOW will continue under the conditions set forth herein until terminated by either Party as specifically authorized herein.
2.Either Party may terminate this Agreement or any associated SOW at the end of the SOW term by providing the other Party with 60
days’ written notice prior to the SOW renewal date.
3.Upon termination of this Agreement or any associated or attached SOW, the licenses granted for such relevant SOW by Section 15,
below, will terminate; Client shall cease all use of the CivicPlus Property (as defined herein) associated with the terminated SOW.
4.Notwithstanding the above, in the event this Agreement or any SOW is terminated, for any reason, prior to payment in full being
made by Client for work completed by CivicPlus, any outstanding invoices or future planned billing for the development of Client’s
chosen government management platform and/or services, as defined in the SOW (“Project Development”), shall immediately become
due in full.
Statements of Work
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5. CivicPlus agrees to perform services and/or produce deliverables in accordance with the SOW in consideration of the fees owed by
Client in described in the same SOW. Multiple and successive SOW may be entered into and shall be attached hereto. Such SOWs are
incorporated into this Agreement by reference and subject to the terms & conditions contained herein pursuant to Section 27.
Invoicing & Payment Terms
6. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet, to be filled out and submitted
by Client. Client shall provide accurate, current and complete information of Client’s legal business name, address, email address, and
phone number, and maintain and promptly update this information if it should change. Upon request CivicPlus will mail invoices, and
the Client will be charged a $5.00 convenience fee.
7. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or
$5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the
oldest outstanding invoice(s).
8. If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account is made current. If the
Client's account exceeds 90 days past due, Annual Services will be discontinued, and the Client website, modules, interfaces or portals
will no longer be active until the Client's account is made current. Client will be given 30 days’ notice prior to discontinuation of
services for non-payment.
9. If the Client requests a change in the timeline set forth and agreed upon at the beginning of the services, and such change causes
CivicPlus to incur additional expenses (i.e. airline change fees, consultant fees), Client agrees to reimburse CivicPlus for those fees.
Not to exceed $1,000 per CivicPlus resource per trip. CivicPlus shall notify Client prior to incurring such expenses and shall only
incur those expenses which are approved by Client.
Ownership & Content Responsibility
10. Upon full and complete payment of submitted invoices for any SOW Project Development Fees, Client will own the website
graphic designs, webpage or software content, module content, importable/exportable data, and archived information as created by
CivicPlus on behalf of Client pursuant to this Agreement (“Customer Content”).
11. Upon completion of any SOW Project Development, Client will assume full responsibility for website, software or module content
maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality,
reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content.
12. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be
time-sensitive, such as calendar or blog content, in any Project Development.
13. Client will make a reasonable attempt to work with CivicPlus, if requested, to create a news item to be released in conjunction
with their project Go-Live date. Client will provide CivicPlus with contact information for local and regional media outlets. CivicPlus
may use the press release in any marketing materials as desired throughout the term of this Agreement.
Intellectual Property & Ownership
14. Intellectual Property of any software or other original works created by CivicPlus prior to the execution of this Agreement
(“CivicPlus Property”) will remain the property of CivicPlus. Client shall not (i) license, sublicense, sell, resell, reproduce, transfer,
assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way; (ii)
modify or make derivative works based upon any CivicPlus Property; (iii) create Internet “links” to the CivicPlus Property software
or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or Internet-based device; or (iv)
reverse engineer or access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using
similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of
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any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus
Property are trademarks of CivicPlus, and no right or license is granted to use them.
15. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in Section 14,
CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated
with any valid and effective SOW associated with this Agreement, for the term of the respective SOW.
Indemnification
16. To the extent permitted by the law of Client’s state, Client and CivicPlus shall defend, indemnify and hold the other Party, its
partners, employees, and agents harmless from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities,
damages, and expenses including attorney’s fees of any kind, without limitation, arising out of the negligent actions and omissions,
or intentionally malicious actions or omissions of the indemnifying Party or its partners, employees, and agents, directly associated
with this Agreement and the operations and installation of software contemplated by this Agreement. This section shall not apply to
the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or
willful misconduct on the part of the other Party.
Client Responsibilities
17. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier,
licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the service received by
the Client.
18. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any
entity employed/contracted on the Client’s behalf.
19. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users’ personal data on any
website or online service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of
end-users’ personal data in connection with the website or the consequences of the solicitation, collection, storage, or other use by
Client or by any third party of personal data.
20. To the extent it may apply to any service or deliverable of any SOW, user logins are for designated individuals chosen by Client
(“Users”) and cannot be shared or used by more than one User. Client will be responsible for the confidentiality and use of User’s
passwords and User names. Client will also be responsible for all electronic communications, including those containing business
information, account registration, account holder information, financial information, Client data, and all other data of any kind
contained within emails or otherwise entered electronically through any CivicPlus Property or under Client’s account. CivicPlus will
act as though Client will have sent any electronic communications it receives under Client’s passwords, user name, and/or account
number. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of any CivicPlus Property and shall
promptly notify CivicPlus of any unauthorized access or use of any CivicPlus Property and any loss or theft or unauthorized use of
any User’s password or name and/or user personal information.
21. Client shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its
use of any of the services or CivicPlus Property.
Limitation of Liability
22. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the Annual Services Fee
paid by Client in the year prior to such claim of liability.
23. In no event will CivicPlus be liable to Client for any consequential, indirect, special, incidental, or punitive damages arising out of
or related to this Agreement.
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24. The liabilities limited by Section 22 and 23 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in
contract, tort, strict product liability, or otherwise; (c) even if Client is advised in advance of the possibility of the damages in question
and even if such damages were foreseeable; and (d) even if Client’s remedies fail of their essential purposes. If applicable law limits
the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent
permissible.
Force Majeure
25. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant
if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work
stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cause of similar
or dissimilar nature beyond its control.
Taxes
26. It is CivicPlus’ policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the
Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by
Client under this Agreement will not be taxed. If the Client’s state taxation laws change, the Client will begin to be charged sales tax
in accordance with their jurisdiction’s tax requirements and CivicPlus has the right to collect payment from the Client for past due
taxes.
Other Documents
27. The following, if applicable, are to be attached to and made part of this Agreement:
a. Exhibit A - Statement(s) of Work;
b. Service Agreement Sales Forms;
c. Service Agreements previously executed between the Parties; and
d. Custom Development / Retainer Agreement
28. In the event of conflict with an attachment to this Agreement, this main body of this Agreement will govern. Notwithstanding the
foregoing, no SOW or other attachment incorporated into this Agreement after execution of this main body of this Agreement will be
construed to amend this main body unless it specifically states its intent to do so and cites the section or sections amended.
29. This Agreement and all attachments hereto sets forth the entire agreement of the Parties and supersedes all prior or
contemporaneous writings, negotiations, and discussions with respect to its subject matter.
Interlocal Purchasing Consent
30. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’ sole discretion, this
Agreement and any attached SOWs may be extended to any public entity in Client’s home-state to purchase at the SOW prices and
specifications in accordance with the terms stated herein.
Miscellaneous Provisions
31. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
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32. No amendment, assignment or change to this Agreement or any included SOW shall be effective unless by a written instrument
executed by each of the Parties.
33. This Agreement may be executed in one or more counterparts. Each counterpart will be an original, but all such counterparts will
constitute a single instrument.
34. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute
and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the
performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such Party and enforceable in accordance with its terms.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions of this
Agreement.
By:By:
Name:Name:
Title:Title:
Date:Date:
Please sign and email to Dalton Piecukonis at piecukonis@civicplus.com or fax to
mailto:contracts@civicplus.com
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Addendumto the Agreementsby and between CivicPlus, LLCandCity of Ukiah
Master Service Agreementand Statement of Work
Addendum
THISMaster Services Agreementand Statement of WorkAddendum (hereby sets forth the (i) additional terms and
conditions applicable to the Master Services Agreementand/or Statement of Worksii) amendments to specific
provisions of the terms and conditions which exist in theAgreements
Terms shall be deemed to amend, modify, supplement, replace and/or supersede (as applicable) any inconsistent provisions of the
Agreements, to the extent of the inconsistency.
ALL TERMS AND CONDITIONS OF THE AGREEMENTSNOT EXPRESSLEY MODIFIED HEREIN SHALL REMAIN IN FULL FORCE
AND EFFECT.
Capitalized terms used andnot defined herein shall have the meanings assigned to them in the Agreements(to which this Addendum is
attached and incorporated).
1.AMENDMENTS
The terms and conditions of the Agreement are hereby amended as follows:
Document and SectionAmended Language
MSA #22
liability arising out ofor related to this Agreement,or any associated SOW, will not
exceed the Annual Services Fee paid by Client in the year prior to such claim ofliability.
MSA #23
In no event will beliable to forany consequential, indirect, special,
incidental, or punitive damages arising out of orrelated to thisAgreement.
MSA #24
Theliabilities limited by Section 22 and 23 apply: (a) to liability for negligence; (b) regardless of
the form ofaction, whether in contract, tort, strictproduct liability, or otherwise; (c) evenifis
advised in advance of the possibility of thedamages in question and even if such damages were
the applica
limited to the maximum extentpermissible.
Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and consent to the terms & conditions
of this Addendum.
ClientCivicPlus
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1
Addendum to Master Services Agreement
CivicPlus
Quote #:Q-02866-2
302 South 4th St. Suite 500
Date:4/29/2019 1:40 PM
Manhattan, KS 66502
Expires On:7/28/2019
US
Product:CivicClerk
Ship ToBill To
Kristine LawlerUkiah CA - CivicClerk
Ukiah CA - CivicClerk300 Seminary Avenue
300 Seminary AvenueUkiah, California
Ukiah, CaliforniaUnited States
SALESPERSONPhoneEMAILDELIVERY METHODPAYMENT METHOD
Dalton Piecukonisx785-323-4771piecukonis@civicplus.comNet 30
Exhibit A.1 - Statement of Work
QTYPRODUCT NAMEDESCRIPTIONTOTAL
1.00CivicClerk- Ultimate Annual FeeCivicClerk- Ultimate Annual Fee$9,600.00
1.00CivicClerk DesignCivicClerk Design$500.00
8.00CivicClerk Consulting (per hour)CivicClerk Consulting (per hour)$1,600.00
4.00CivicClerk ConfigurationCivicClerk Configuration$2,000.00
2.00Virtual Training (Half Day Block)Training (Virtual) - half day, up to 4 hours$1,250.00
1.00CivicClerk PDF File Import (Up to 7,500 Files)CivicClerk PDF File Import (Up to 7,500 Files)$2,500.00
1.00CP Media ImplementationCP Media Implementation$1,000.00
1.00CP Media Annual - PremiumCP Media Annual - Premium (Unlimited$6,000.00
Storage)
TOTAL:$24,450.00
Total Days of Quote:365
One Time Costs$8,850.00
Recurring Costs$15,600.00
* Recurring Costs stated herein are based upon the number of days stated above.
Upon renewal of this SOW, the Recurring Costs will reflect a 365 day calendar year.
1.Performance and payment under this Statement of Work ("SOW") shall be subject to the terms & conditions
of the Agreement by and between Client and CivicPlus, to which this SOW is hereby attached as Exhibit A.1.
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2.This SOW shall remain in effect for an initial term of one year (12 months) from signing. In the event that
neither party gives 60 days’ notice to terminate prior to the end of the initial or any subsequent renewal term,
this Agreement will automatically renew for an additional 1-year Renewal Term.
3.The Total Fees Year 1 (the sum of the One Time Costs and Implementation Costs) will be invoiced at signing
of this SOW.
4.Renewal Term Annual Services (Recurring Costs) shall be invoiced on the date of signature of relevant
calendar years. Annual services, including but not limited to hosting, support and maintenance services, shall
be subject to a 5% annual increase beginning in Year 3 of service.
5.CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with
applicable industry standards including, maintaining Services availability 24 hours a day, 7 days a week
and responding to Client’s requests for support during the hours of 7:00 AM to 7:00PM CT, Monday through
Friday and any critical support requests 24 hours per day, 7 days a week.
6.Client shall have sole control and responsibility over the determination of which data and information shall be
included in the content that is to be transmitted to CivicPlus. Client shall not provide to CivicPlus or allow to
be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s Intellectual Property rights,
rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state,
local, or foreign laws, regulations, or statutes.
7.The service(s) are provided on an “as is” basis, and Client’s use of the service(s) is at its own risk. CivicPlus
does not warrant that the service(s) will be uninterrupted or error-free or unaffected by force majeure events.
8.The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the
Client will be charged a $5.00 convenience fee.
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Acceptance
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize
the provision of services outlined in this Agreement.
ClientCivicPlus
By:By:
______________________________________________________________________
Name:Name:
______________________________________________________________________
Title:Title:
______________________________________________________________________
Date:Date:
______________________________________________________________________
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Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.
Organization URL
________________________________________________________________________________________________________________________
Street Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City State Postal Code
________________________________________________________________________________________________________________________
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).
Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for
ensuring CivicPlus has current updates.
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________
Billing Contact E-Mail
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
Billing Address
________________________________________________________________________________________________________________________
Address 2
________________________________________________________________________________________________________________________
City State Postal Code
________________________________________________________________________________________________________________________
Tax ID # Sales Tax Exempt #
________________________________________________________________________________________________________________________
Billing Terms Account Rep
________________________________________________________________________________________________________________________
Info Required on Invoice (PO or Job #)
________________________________________________________________________________________________________________________
Contract Contact Email
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
Project Contact Email
________________________________________________________________________________________________________________________
Phone Ext. Fax
________________________________________________________________________________________________________________________
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Addendum 1 to Exhibit A.1 - Project Development Division of Work
Phase 1 – Introduction and Initial Configuration
CLIENT RESPONSIBILITY CIVICPLUS RESPONSIBILITY
•Complete the implementation questionnaire•Create a production site request and assign a PL request in
•Provide Word versions of your agendas and item reportsJIRA
•Reach out to Client to explain the Implementation plan
•Schedule and conduct a kick-off call with Client, if
requested
•Once supplied Word versions of the agendas and item
reports, configure the templates in the system
•Input questionnaire data
Phase 2 – Initial Review
CLIENT RESPONSIBILITY CIVICPLUS RESPONSIBILITY
•Be prepared to schedule a call for system review•Schedule and conduct a first look call with Client.
•Provide feedback on any needed changes•Provide any template changes needed to CivicPlus.
Phase 3 – Final Configuration and Review
CLIENT RESPONSIBILITY CIVICPLUS RESPONSIBILITY
•Provide a list of users•Enter user list with appropriate security settings
•Provide any additional feedback and changes•Make necessary changes to templates and configuration
Phase 4 – Training
CLIENT RESPONSIBILITY CIVICPLUS RESPONSIBILITY
•Schedule a presentation for administrator training•Schedule and conduct administrator and end user trainings
•Schedule a presentation for end user training
Phase 5 (As Needed) – Additional Services
CLIENT RESPONSIBILITY CIVICPLUS RESPONSIBILITY
•Provide Word versions of your most recent minutes•Once supplied Word versions of the minutes, configure the
•Provide a list of your Board/Council memberstemplates in the system
•Schedule a 30 minute call for minutes training•Schedule and conduct minutes training
•Schedule a 30 minute call for BoardView training•Schedule and conduct BoardView training
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2
3
4
(see
calendar from NCPA)
5
6