Sonoma City Council
July 15, 2026

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
John Gurney

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, July 15, 2026
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting

ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.

If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Government Code Section 54953.8.3.

Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section.

When the Mayor announces these agenda items, please form a line to speak.

In the event a Council Member participates remotely for just cause Government Code Section 54953.8.3, the City will allow for public comment through the Zoom link.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Be Courteous - TURN OFF your cell phones and watches while the meeting is in session.

The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.

No new items will begin after 9:00pm unless a majority of the members present vote to allow the items to be heard.

Page

REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Ding, Farrar-Rivas, Gurney, Lowe, Wellander)

REPORT ON CLOSED SESSION

APPROVAL OF THE AGENDA

1. COMMENTS FROM THE PUBLIC
At this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

2. MEETING DEDICATIONS

3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time.

A list of all appointments is available on our City Website for easy reference.

Council Members may also make appointments to city commissions at this time.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS

5. CITY ATTORNEY COMMENTS

6. PRESENTATIONS

6.1: Presentation Recognizing Robert A Smith on his 40 Years of Service to the City of Sonoma

7. CONSENT CALENDAR – CITY COUNCIL
All items listed on the Consent Calendar are considered to be routine and will be acted upon by a single motion. There will be no separate discussion of these items unless members of the Council or staff request specific items to be removed for separate action.

7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided)

7.2: Adopt a Resolution Authorizing the Interim City Manager to Execute Agreements with Two Lynchpin Road and Amendments with Keyser Marston Associates, W-Trans Inc, Architectural Resources Group, Olaunu Inc, and EKI Environment & Water, Inc. for Services Rendered Throughout the 26-27 Fiscal Year (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Miscellaneous FY 26-27 Agreements - Pdf 5 - 51

7.3: Receive Minutes from the Regular Meetings of June 3, 2026 and June 17, 2026 and the Special Closed Session Meetings of June 3, 2026, and June 17, 2026 (Rebekah Barr, MMC, City Clerk)
RECOMMENDATION: Receive the minutes.

06.03.2026 Regular Meeting Minutes

06.17.2026 Regular Meeting Minutes

06.03.2026 Special Closed Session Meeting Minutes

06.17.2026 Special Closed Session Meeting Minutes
52 - 58

7.4: Adopt a Resolution Adopting the Plans and Specifications for the 2026 Citywide Slurry Seal Project No. 2602 (Project); Accepting Bids and Awarding a Contract to Sierra Nevada Construction, Inc.; Authorizing the Interim City Manager to Execute a Construction Contract in the Amount of $287,007.00, and Authorizing the Interim City Manager to Approve $43,051.05 (15%) in Contingency (Michael Berger, Public Works Director)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Project Award - Pdf
59 - 184

7.5: Adopt a Resolution Establishing an Ad Hoc Advisory Committee to Support the Development of a Comprehensive Parks and Recreation Planning Effort (Dave Jahns, Parks & Recreation Director)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Parks Plan Ad Hoc Committee - Pdf
185 - 188

7.6: Adopt a Resolution Authorizing the Execution of a Second Amendment to the Restated Lease with Sonoma Valley Field of Dreams and Accepting Public Facility Site Improvements (Dave Jahns, Parks & Recreation Director) RECOMMENDATION: Adopt the resolution.

Agenda Report - Field of Dreams Lease Amendment - Pdf
189 - 222

8. PUBLIC HEARING

9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)

9.1: An Ordinance Amending Section 10.74.011 of the Sonoma Municipal Code (Brandon Cutting, Chief of Police)
RECOMMEMDATION: Introduce the ordinance.

Agenda Report - Ordinance - SMC 10.74.011 - Pdf
223 - 225

9.2: Receive Informational Report Regarding Council Compensation (Cristine Alilovich, Interim City Manager / Rebekah Barr, MMC, City Clerk / David Ruderman, City Attorney)
RECOMMENDATION: Provide feedback and direction to staff.

Agenda Report - Council Compensation - Pdf
226 - 230

10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF EARLIER PUBLIC SPEAKERS

REMAIN)
At this time members of the public who did not have the opportunity to speak during the early comment period may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. Each speaker will be allowed up to two minutes. Please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this

time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

11. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted as legally required. Rebekah Barr, MMC, City Clerk.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.

In accordance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (707) 933-2216. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

City of Sonoma's Commission and Committee Roster: 2024 Commission _ Committees Roster 12.19.2024 Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

Closed Session: If action is taken during a Closed Session meeting that is required to be reported out at this meeting, the Council will return to Open Session and report out immediately. However, if the Council is unable to do so due to time constraints, it will report out at the immediately following Regular Council Meeting under "REPORT ON CLOSED SESSION".

Motion for Consideration: A Council Member voting with the majority on any item appearing on this agenda may move for reconsideration of that vote provided the motion is in conformance with the rules adopted by the Council governing such motions.

NOTE: Portions of this document may have been drafted with support from AI-based tools, consistent with City of Sonoma policy on use of artificial intelligence. All information represented in this document has been reviewed by City of Sonoma staff.

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jul 2026
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute Agreements with Two Lynchpin Road and Amendments with Keyser Marston Associates, W-Trans Inc, Architectural Resources Group, Olaunu Inc, and EKI Environment & Water, Inc. for Services Rendered Throughout the 26-27 Fiscal Year
Summary
The City Council adopted Resolutions #35-2026 and #36-2026 on June 17, 2026, adopting the City's Operational and Capital Improvement Budgets for the 2026-27 fiscal year.

These approvals included funding for multiple contract services. The following routine agreements are being presented for City Council consideration to enable the services to be accessed.

EMERGENCY RESPONSE
Two Lynchpin Road - Professional Services Agreement - Term July 1, 2026 - June 30, 2027 - $42,800
Two Lynchpin Road (TLR) serves as the City's contract Emergency Preparedness consultant. The proposed agreement will continue strategic updates to the Emergency Operations Plan (EOP), development of a new annex or operational guideline focused on extreme temperature hazards, and supporting the City's Hazard Mitigation Plan (HMP) public review phase.

COMMUNITY DEVELOPMENT
Keyser Marston Associates - Agreement Amendment 2 - Term July 1, 2026 - June 30, 2027
On September 18, 2024, the City Council approved a Professional Services Agreement with Keyser Marston Associates to prepare feasibility study, in-lieu fee analysis, and context materials to assess Sonoma’s inclusionary housing ordinance; research and summarize the key features of existing programs designed to discourage second homes. Though significant progress has been made, there is a need to extend the agreement for one year. There are no additional funds being requested.

W-Trans Inc - Agreement Amendment 2 - Term July 1, 2026 - June 30, 2027 On September 4, 2024, the City Council approved a Professional Services Agreement with WTrans to develop a Vehicle Miles Traveled (VMT) Policy to implement SB 743 Transportation Agenda Item #7.2:

Impacts. Though significant progress has been made, there is a need to extend the agreement for one year. There are no additional funds being requested.

Architectural Resources Group - Agreement Amendment - Term July 1, 2026 - June 30, 2027
On December 17, 2025, the City Council approved a Professional Services Agreement with Architectural Resources Group to prepare a historic landscape survey to document and evaluate the Plaza’s historic landscape features. This survey would help ensure that landscape modifications, infrastructure improvements, and ongoing stewardship maintains the Plaza’s historical integrity that many tourists come to see. Though significant progress has been made, there is a need to extend the agreement for one year. There are no additional funds being requested.

PUBLIC WORKS
Olaunu, LLC. - Agreement Amendment - Term July 1, 2026 - June 30, 2027 During budget preparation, Public Works requested a contract with Olaunu, LLC. for grant procurement services. Public Works has worked with Olaunu, LLC. since FY23-24 on various contracts for project management and engineering support.

EKI Environment & Water Inc. - Agreement Amendment - Term July 1, 2026 - June 30, 2027 EKI provides long-term compliance with the Making Water Conservation a Way of Life program.

Recommended Council Action
Adopt the resolution approving the contracts for services for FY26-27 and authorizing the Interim City Manager to execute them.

Alternative Actions
Council discretion.

Financial Impact
All contracts have been budgeted for during the 2026-2027 budget development and approval. No additional funding is needed at this time.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
X Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Miscellaneous 26-27 Agreements
PSA - Two Lynchpin Road - Emergency Planning
Amendment 2 - Keyser Marston Associates
Agenda Item #7.2:

Amendment 2 - W-Trans
Amendment 1 - Architectural Resources Group
Amendment 1 - Olaunu Inc
Amendment 1 - EKI Environment & Water Inc
Agenda Item #7.2:

City of Sonoma
RESOLUTION # - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING THE

CITY MANAGER TO EXECUTE AGREEMENTS WITH TWO LYNCHPIN ROAD AND AMENDMENTS WITH KEYSER MARSTON ASSOCIATES, W-TRANS INC., ARCHITECTURAL RESOURCES GROUP, OLAUNU, INC., AND EKI ENVIRONMENTAL & WATER INC., FOR FY26-27 SERVICES
WHEREAS, the City Council of the City of Sonoma has reviewed the proposed final Operating Budget for FY26-27 and held a public meeting on May 27, 2026, prior to adoption of the final budget; and
WHEREAS, the City Council adopted Resolutions #35-2026 and #36-2026 on June 17, 2026, adopting the City's Operational and Capital Improvement Budgets for the 2026-27 fiscal year; and
WHEREAS, the City Council has approved funding for FY26-27 in the approved budget that requires either a new agreement or agreement amendments with Two Lynchpin Road, Keyser Marston Associates, W-Trans Inc, Architectural Resources Group, Olaunu Inc, and EKI Environmental & Water Inc. for services to be offered starting July 1, 2026.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the City Manager is authorized to execute the agreements or agreement amendments as outlined in Exhibit A.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 15th day of July 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ron Wellander, Mayor
ATTEST:

Rebekah Barr, MMC, City Clerk
Agenda Item #7.2:

Attachment A

NEW AGREEMENTS AND/OR AGREEMENT AMENDMENTS

VENDOR/ORGANIZATION
FY26-27

AMOUNT ACTION

NEW AGREEMENTS
Two Lynchpin Road
Emergency Preparedness Services $42,800 1-Year
Agreement

AMENDMENTS
Keyser Marston Associates
Prepare a feasibility study, in-lieu fee analysis, and context materials to assess Sonoma’s inclusionary housing ordinance; and research and summarize the key features of existing programs designed to discourage second homes No
Additional
Funding
1-Year
Extension
W-Trans Inc.

Development of VMT policy to implement SB743 Transportation impacts No
Additional
Funding
1-Year
Extension
Architectural Resources Group
To research the history of the Sonoma Plaza Park and prepare a Historic Landscape Survey Report
No
Additional
Funding
6-Month
Extension
Olaunu, Inc.

As needed Grant Procurement Services, Project Management Support No
Additional
Funding
1-Year
Extension
EKI Environment & Water Inc
Long Term Compliance with Making Water Conservation A Way of Life No
Additional
Funding
1-Year
Extension
Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 1 of 21
Approved for use: 1/1/2025

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Sonoma / Two Lynchpin Road)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Sonoma, a California municipal corporation (“City”), and Two Lynchpin Road (“TLR”), a California S Corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: Emergency Planning.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 2 of 21
Approved for use: 1/1/2025

3. DEFINITIONS

3.1 “Agreement Administrator” for this project means Sarah Tracy, Senior Management Analyst. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Contractor.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s March 24, 2026, fee schedule to City attached hereto as “Exhibit A” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means July 1, 2026.

3.4 “Consultant Project Administrator” means Alicia Johnson. The Consultant Project Administrator will be the principal point of contact for the Consultant.

3.5 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Forty Two Thousand and Eight Hundred Dollars ($42,800).

3.6 “Scope of Services” means such professional services as are set forth in Consultant’s March 24, 2026, proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.7 “Termination Date” means June 30, 2027.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. Consultant may request extensions of time to perform the services required hereunder. Such extensions shall be effective if Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 3 of 21
Approved for use: 1/1/2025
authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Services.

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:

5.2.1 Only the City Manager or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Manager’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.

5.2.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be executed by the Consultant and be approved by the City in accordance with its purchasing policy.

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 4 of 21
Approved for use: 1/1/2025

5.2.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.

5.3 In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount payable above. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.

5.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict-of-interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

5.5 Consultant shall obtain and maintain in force a City business license for the term of this Agreement.

5.6 Consultant represents that it has no known relationships with third parties, City Council Members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or (iii) present a significant opportunity for the disclosure of confidential information.

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 5 of 21
Approved for use: 1/1/2025

5.7 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

5.8 This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit B, to City prior to, or concurrent with, Consultant’s execution of this Agreement and no later than the Commencement Date.

5.9 Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.

5.10 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. The Consultant Project Administrator shall have direct responsibility for management of Consultant’s performance under Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 6 of 21
Approved for use: 1/1/2025
this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.11 This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

5.12 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit A. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit A. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

5.13 Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

5.14 Prevailing Wage Notice.

5.14.1 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of
prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

5.14.2 In the event Consultant will perform inspection services, City or authorized representatives of the City shall have the right to inspect the work of such services whenever such representatives may deem such inspection to be desirable or necessary. Inspections by the City do not in any way relieve or minimize the responsibility of Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 7 of 21
Approved for use: 1/1/2025
solely liable for said inspections performed by Consultant.

Consultant shall certify in writing to the City as to the completeness and acceptability of each inspection of improvement or
construction which Consultant agrees to inspect hereunder.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

6.3 City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law.

Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

6.4 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

8. RELATIONSHIP OF PARTIES
Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 8 of 21
Approved for use: 1/1/2025

8.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

8.2 Under no circumstances shall Consultant look to the City as its employer.

Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

9. CONSULTANT PROJECT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 9 of 21
Approved for use: 1/1/2025
provide the City with the fullest protection possible under the law.

Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend (with counsel satisfactory to City) City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation.

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 10 of 21
Approved for use: 1/1/2025
from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.

This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 11 of 21
Approved for use: 1/1/2025

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below.

Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance written on a per occurrence basis with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) general aggregate, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. In the event Consultant’s policy is a “claims made” policy only covering those Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 12 of 21
Approved for use: 1/1/2025
claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

Agenda Item #7.2:

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(City of Sonoma / Two Lynchpin Road)
336531.3 Page 13 of 21
Approved for use: 1/1/2025

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss.

Consultant hereby waives all rights of subrogation against the City.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or selfinsured retention to guarantee payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 14 of 21
Approved for use: 1/1/2025

11.14.1All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 15 of 21
Approved for use: 1/1/2025
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

Sarah Tracy
City of Sonoma
City Manager’s Office
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Email: [email protected]
If to Consultant:

Alicia Johnson
Two Lynchpin Road
500 Westover Drive # 32694
Sanford NC 27330
Telephone: 801-833-4952
Email: [email protected]
With courtesy copy to:

David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 16 of 21
Approved for use: 1/1/2025
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Paragraph 8.2, Section 10, Paragraph 12.2, Section 13, and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

18.1 The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in Section 16 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Cemeteries Manager in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this Paragraph 18.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.

18.2 Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause. Consultant’s written notice of Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 17 of 21
Approved for use: 1/1/2025
termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

18.3 Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.

18.4 In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Paragraph 3.5 above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS

19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis, including without limitation, the City’s Non-Discrimination Policy adopted as Resolution #25-2019.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 18 of 21
Approved for use: 1/1/2025
regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

19.3 Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.

19.4 The captions appearing at the commencement of the Sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the Section or Paragraph thereof at the head of which it appears, the Section or Paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

19.5 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

19.6 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.7 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 19 of 21
Approved for use: 1/1/2025
shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.8 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

19.9 This Agreement shall be governed and construed in accordance with the laws of the State of California.

19.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

Agenda Item #7.2:

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(City of Sonoma / Two Lynchpin Road)
336531.3 Page 20 of 21
Approved for use: 1/1/2025

19.11 Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12-month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.

19.12 This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

19.13 This Agreement shall be binding on successors and assigns of the parties.

19.14 Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.

19.15 The recitals are incorporated by this reference.
[Signatures on following page]
Agenda Item #7.2:

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(City of Sonoma / Two Lynchpin Road)
336531.3 Page 21 of 21
Approved for use: 1/1/2025
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
Two Lynchpin road
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Approved as to form:

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #7.2:

Professional Services Agreement
(City of Sonoma / Two Lynchpin Road)
336531.3 Page 22 of 1
Approved for use: 1/1/2025
“EXHIBIT A”
Fee Schedule & Scope of Work
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope

MEMORANDUM
TO: Sarah Tracy, City of Sonoma
FROM: Alicia Johnson, Two Lynchpin Road
DATE: March 24, 2026
RE: EOP Annex Development: Phase One Summary & Phase Two Scope

PURPOSE
This memorandum summarizes the completed Phase One deliverables of the Emergency Operations Plan (EOP) Annex Development project, presents findings from an audit of the City's current annex library, and outlines recommended next steps for Phase Two of the Annex Development project, as well as a proposed outline of ongoing Consulting services.

BACKGROUND
In an effort to strengthen emergency response processes and provide staff with a comprehensive framework for understanding the nuances of specific extreme weather scenarios, the City of Sonoma engaged Two Lynchpin Road (TLR) to update hazard-specific annexes to the recently revised EOP (updated by TLR and the City in 2025).

The goal is to provide City staff with a comprehensive, standardized framework for managing specific extreme weather and emergency scenarios. These annexes are also being tailored to align with the forthcoming County of Sonoma 2026 Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The City’s EOP Annex library currently includes:
● Annex A: Care & Shelter
● Annex B: Alert & Warning
● Annex C: Damage Assessment
● Annex D: Earthquake
● Annex E: Wildfire
● Annex F: Storm
● Annex G: Terror/Active Shooter
● Annex H: Public Safety Power
Shutoff (PSPS)
The County of Sonoma MJHMP identifies the following High and Medium Risk hazards with the potential to affect the City:

High Risk:
● Wildfire
● Earthquake (Medium risk
specifically within City
boundaries)
Medium Risk:
● Drought
● Extreme Heat
● Extreme Cold
● Extreme Wind
Two Lynchpin Road • 1
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope

GAP MATRIX
Legend: ✓ Complete ◐ Partial ✕ Missing
Section A B C D E F G H
Purpose & Scope ◐ ✓ ✓ ◐ ✓ ◐ ✓ ✓
Situation Overview ◐ ✕ ✕ ✓ ✓ ◐ ✕ ✓
Concept of Operations ◐ ✓ ✓ ◐ ✓ ◐ ◐ ✓
Organization & Roles ◐ ✓ ✓ ◐ ◐ ◐ ✕ ✓
Direction & Control ✕ ✓ ◐ ✕ ◐ ✕ ✕ ◐
Info Collection ✕ ◐ ✓ ✕ ◐ ✕ ✕ ✕
Communications ◐ ✓ ◐ ◐ ◐ ◐ ✕ ✓
Admin & Finance ✕ ✕ ◐ ✕ ✕ ✕ ✕ ✕
Maintenance ✕ ✕ ✕ ✕ ✕ ✕ ✕ ✕

PHASE ONE COMPLETE
• Standardized 9-section annex template developed
• Extreme Cold Weather Annex drafted (in review)
• Annex library audit completed (detailed findings below) Critical Scope Update: Sheltering Policy Gap
● The County of Sonoma now distinguishes Emergency Warming/Cooling Center activation as a public health response from full emergency shelter activation. The current Mass Care & Shelter Annex does not reflect this change and must be addressed first as sheltering protocols cascade through multiple annexes.

ANNEX LIBRARY AUDIT
CRITICAL Could compromise life safety or response coordination IMPORTANT Required for compliance and reimbursement eligibility ENHANCEMENT Would improve operations but not block activation Two Lynchpin Road • 2
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope
Annex A: Mass Care & Shelter
Section Status Gap Summary
Purpose & Scope Partial Needs additional subsections
Situation Overview Missing CRITICAL: Missing EWC vs. full activation framework, vulnerable populations
Planning Assumptions Partial Needs timeline expectations, vulnerabilities, and worst-case resource availability
Concept of Operations Partial CRITICAL: Needs phased response aligned with County guidelines, scalability
Org & Responsibilities Partial Checklists included; needs detailed structure, protocols, and contacts Info Collection &
Dissemination Partial IMPORTANT: Public messaging included; no collection/disseminationstrategy Communications Missing CRITICAL: No internal or external communications strategies Admin, Finance & Logistics Partial IMPORTANT: Needs detail for reimbursement eligibility Development &
Maintenance Missing No review cycle or training requirements → Why This Matters: Mass Care & Shelter is the foundational annex. The EWC vs. full activation distinction must be established here before other annexes can reference it.

Annex B: Alert & Warning
Section Status Gap Summary
Purpose & Scope Partial Basic information; needs additional subsections Situation Overview Missing CRITICAL: No vulnerable populations, historical incidents, or lessons learned
Planning Assumptions Partial Very sparse; needs timeline, vulnerabilities, worst-case (including power outages)
Concept of Operations Partial Thorough but missing phased alert approach and scalability Org & Responsibilities Partial Needs detailed structure, protocols, and contact information Info Collection &
Dissemination Missing IMPORTANT: No internal protocols for collection/dissemination Communications Partial Warning channels included: missing timelines, frequency, distribution list
Admin, Finance & Logistics Partial Needs additional detail Development &
Maintenance Missing No review cycle or training requirements Two Lynchpin Road • 3
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope
Annex C: Damage Assessment
Section Status Gap Summary
Purpose & Scope Partial Needs additional information
Situation Overview Missing IMPORTANT: No hazard context for damage assessment triggers Planning Assumptions Missing No documented assumptions
Concept of Operations Complete Thorough information included Org & Responsibilities Partial Needs additional information Info Collection &
Dissemination Missing CRITICAL: No documentation protocols (directly impacts FEMA PAeligibility) Communications Missing No communication protocols
Admin, Finance & Logistics Partial IMPORTANT: Needs additional detail for reimbursement Development &
Maintenance Missing No review cycle
→ Why This Matters: Inadequate damage assessment documentation is the #1 reason small communities lose disaster reimbursement. The Missing Info Collection section directly affects FEMA PA eligibility.

Annex D: Earthquake
Section Status Gap Summary
Purpose & Scope Partial Basic information; needs additional subsections Situation Overview Missing CRITICAL: No hazard profile or vulnerability assessment Planning Assumptions Complete Thorough information included Concept of Operations Complete Comprehensive strategies included Org & Responsibilities Partial Needs detailed structure, protocols, and contact information Info Collection &
Dissemination Missing IMPORTANT: No documentation protocols Communications Missing CRITICAL: No communication protocols Admin, Finance & Logistics Partial Financial management, legal authorities, and logistics need detail Development &
Maintenance Missing No review cycle
→ Why This Matters: While earthquakes are assessed as a medium-risk hazard, cascading events (i.e., wildfire) and aforementioned sheltering changes should be addressed to reduce potential impacts.

Two Lynchpin Road • 4
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope
Annex E: Wildfire
Section Status Gap Summary
Purpose & Scope Partial Basic information; needs additional subsections Situation Overview Missing CRITICAL: No hazard profile despite HIGH RISK classification Planning Assumptions Partial Needs significant additional assumption data points Concept of Operations Partial Detailed but needs a phased approach and scalability Org & Responsibilities Partial Responsibilities included; needs structure, protocols, contacts Info Collection &
Dissemination Missing CRITICAL: No documentation protocols for HIGH RISK hazard Communications Missing CRITICAL: No communication protocols for HIGH RISK hazard Admin, Finance & Logistics Partial IMPORTANT: Financial management, legal authorities, and logistics need details
Development &
Maintenance Missing No review cycle
→ Why This Matters: Wildfire is the City's highest-risk hazard per the MJHMP. Missing Situation Overview, Communications, and Info Collection sections create significant operational and reimbursement risk.

Annex F: Storm
Being separated into Extreme Cold, Extreme Heat, and Extreme Wind documents per MJHMP hazard classifications.

Annex G: Terror / Active Shooter
Section Status Gap Summary
Purpose & Scope Partial Basic information; needs additional subsections Situation Overview Missing No hazard context or vulnerability assessment Planning Assumptions Partial Needs additional information Concept of Operations Partial Thorough but needs reorganization to align with the template Org & Responsibilities Partial Responsibilities outlined; structure and contacts are missing Info Collection &
Dissemination Missing No documentation protocols
Communications Missing CRITICAL: No communication protocols for law enforcement coordination
Admin, Finance & Logistics Partial Admin/Finance included; logistics missing Development &
Maintenance Missing No review cycle
→ Why This Matters: Increased societal instability nationwide has elevated the risk of a human-caused event; coordination with law enforcement and communication internally and with the public is critical to a timely and efficient response.

Two Lynchpin Road • 5
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope
Annex H: Public Safety Power Shutoff
Structure decision needed: standalone annex vs. integration into Wildfire/Wind annexes.

Section Status Gap Summary
Purpose & Scope Partial Basic information; needs additional subsections Situation Overview Missing No hazard context or vulnerability assessment Planning Assumptions Complete Included
Concept of Operations Partial Thorough, but needs reorganization to align with the template Org & Responsibilities Partial Responsibilities outlined; structure and contacts are missing Info Collection &
Dissemination Missing No documentation protocols
Communications Partial Some info in planning chart; additional protocols needed Admin, Finance & Logistics Partial Admin/Finance included; logistics missing Development &
Maintenance Missing No review cycle
→ Why This Matters: A structural decision needed: does PSPS require a standalone annex or would integration into Wildfire/Wind annexes result in a better response structure? Two Lynchpin Road • 6
Agenda Item #7.2:

City of Sonoma | EOP Annex Development
2026-27 EM Consulting Scope

PHASE TWO SCOPE
Sequence: Mass Care → Finalize Extreme Cold → Develop Heat, Wind, Drought in parallel → Apply new template to Earthquake, Wildfire, Terror in parallel → PSPS Deliverable Est. Hrs Key Work
Emergency Support Annex Development

1. Mass Care & Shelter Update 25 EWC vs. full activation framework; SME interviews

2. Extreme Cold (finalize) 5 Incorporate the sheltering framework from #1

3. Extreme Wind (new) 25 Infrastructure vulnerability; Wildfire/PSPS integration

4. Extreme Heat (new) 20 Cooling centers & MOUs; cascading hazards

5. Drought (new) 15 Cascading hazard anticipation framework

6. Earthquake Update 15 Template application; first responder coordination

7. Wildfire Update 25 HIGH RISK; AAR integration; multi-annex links

8. Terror/Active Shooter Update 15 Template application; law enforcement coordination

9. PSPS Review 15 Structure decision: standalone vs. integrated

10. Damage Assessment Enhancement 5 Strengthen reimbursement documentation links

11. Stakeholder Engagement 25 Stakeholder review sessions for each updated Annex (10 annexes total)
TOTAL PLANNING HOURS 190 $28,500
Standard Yearly Consulting

12. Emergency Preparedness and Response
Consulting
Regular check-in meetings, monthly training calendars,
Tabletop Exercise (Spring 2027), and on-call advisory
support

13. Emergency Management Working Group Monthly group meeting participation and coordination TOTAL CONSULTING HOURS $25,000
TOTAL COST $53,500
20% Discount - $ 10,700
FINAL COST $42,800
Note: Estimates assume stakeholder availability and timely feedback. Complex City/County coordination may require scope adjustment. TLR will communicate proactively if scheduling impacts timelines.

Optional Services:

Hazard Mitigation Grant Support
● Our team can provide feedback on opportunities, including estimating potential grant management staff commitment, and support any applications the City would like to apply for at an hourly rate to be determined.

Two Lynchpin Road • 7
Agenda Item #7.2:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

PROPERTY DAMAGE
BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS

AUTOS AUTOS NON-OWNED

HIRED AUTOS

ALL OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH- STATUTE
PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB

UMBRELLA LIAB EACH OCCURRENCE
AGGREGATE OCCURCLAIMS-MADE DED RETENTION $

PRODUCTS - COMP/OP AGG

GENERAL AGGREGATE
PERSONAL & ADV INJURY MED EXP (Any one person)

EACH OCCURRENCE DAMAGE TO RENTED
PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (201 /0
© 1988-201 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD MTTU Hiscox Inc.
5 Concourse Parkway
Suite 2150
Atlanta GA, 30328
(888) 202-3007
[email protected]
Hiscox Insurance Company Inc 10200
Two Lynchpin Road INC
500 Westover Dr
Sanford, NC 27330
P101.668.713.5 08/19/2026 08/19/2027
X
A
X
X 1,000,000
100,000
5,000
1,000,000
2,000,000
S/T Gen. Agg.
07/05/2026
Agenda Item #7.2:

336531.3
“EXHIBIT B”
Campaign Contribution Disclosure Form
Agenda Item #7.2:

336531.3

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.

3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.

When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.

Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________
Agenda Item #7.2:

381983.1 Initials: (City) _______ (Consultant) _______
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and Keyser Marston Associates)
This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 1st day of July 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and Keyser Marston Associates, Inc., 2130 Center Street, Suite 301, Berkeley, CA 94704 (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated November 12, 2024, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.7 – Termination Date of the “Agreement” to read as follows:

3.7 “Termination Date”: June 30, 2027.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of [$______.__].

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
x
Agenda Item #7.2:

Professional Services Agreement
City of Sonoma / Keyser Marston Associates, Inc.
381983.1 Page 2 of 2
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City”
City of Sonoma
By: _______________________________
Cristine Alilovich, Interim City Manager
Date: _______________
Attest:

By: ______________________________
Rebekah Barr, MMC, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
Keyser Marston Associates, Inc
By:______________________________
David Doezema, Senior Principal
Date: __________________
By:______________________________
Debbie Kern, Vice President
Date: __________________
Agenda Item #7.2:

381983.1 Initials: (City) _______ (Consultant) _______
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and W-Trans)
This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 1st day of July 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and W-Trans, 490 Mendocino Avenue, Suite 201, Santa Rosa, CA 95401 (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated September 4, 2024, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.7 – Termination Date of the “Agreement” to read as follows:

3.7 “Termination Date”: June 30, 2027.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of [$______.__].

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
x
Agenda Item #7.2:

Professional Services Agreement
City of Sonoma / W-Trans
381983.1 Page 2 of 2
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City”
City of Sonoma
By: ______________________________
Cristine Alilovich, Interim City
Manager
Date: _______________
Attest:

By: ______________________________
Rebekah Barr, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
W-Trans
By:______________________________
Dalene J. Whitlock, Vice President
Date: __________________
By:______________________________
Allison Moser, Secretary
Date: __________________
Agenda Item #7.2:

381983.1 Initials: (City) _______ (Consultant) _______
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and Architectural Resources Group)
This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 1st day of July 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and Architectural Resources Group, 9 Pier Ste 107, San Francisco, CA 94111 (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated December 18, 2025, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.8 – Termination Date of the “Agreement” to read as follows:

3.8 “Termination Date”: June 30, 2027.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of [$______.__].

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
Agenda Item #7.2:

Professional Services Agreement
City of Sonoma / Name of Consultant
381983.1 Page 2 of 2
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City”
City of Sonoma
By: ______________________________
Cristine Alilovich, Interim City
Manager
Date: _______________
Attest:

By: ______________________________
Rebekah Barr, MMC, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
Architectural Resources Group
By:______________________________
Matthew Davis, Principal
Date: __________________
By:______________________________
Lisa Yergovich, Principal
Date: __________________
Agenda Item #7.2:

381983.1 Initials: (City) _______ (Consultant) _______
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and Olaunu Inc.)
This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 1st day of July 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and Olaunu, LLC, 940 Avenida Presido, San Clemente, CA, 92672, (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated December 18, 2025, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.8 – Termination Date of the “Agreement” to read as follows:

3.8 “Termination Date”: June 30, 2027.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of [$______.__].

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
Agenda Item #7.2:

Professional Services Agreement
City of Sonoma / Name of Consultant
381983.1 Page 2 of 2
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City”
City of Sonoma
By: ______________________________
Cristine Alilovich, Interim City
Manager
Date: _______________
Attest:

By: ______________________________
Rebekah Barr, MMC, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
Olaunu, Inc.

By:______________________________
Daniel Apt, President
Date: __________________
By:______________________________
Daniel Apt, President
Date: __________________
Agenda Item #7.2:

381983.1 Initials: (City) _______ (Consultant) _______
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and EKI Environment & Water Inc.

This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 1st day of July 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and EKI Environment and Water, Inc. 2001 Junipero Serra Blvd, Ste 300 Daly City, CA, 94014 (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated November 20, 2025, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.8 – Termination Date of the “Agreement” to read as follows:

3.8 “Termination Date”: January 31, 2027.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of [$______.__].

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
Agenda Item #7.2:

Professional Services Agreement
City of Sonoma / Name of Consultant
381983.1 Page 2 of 2
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
“City”
City of Sonoma
By: ______________________________
Cristine Alilovich, Interim City
Manager
Date: _______________
Attest:

By: ______________________________
Rebekah Barr, MMC, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
EKI Environment & Water Inc.

By:______________________________
David Umezaki, Principal
Date: __________________
By:______________________________
John DeWitt, Vice President
Date: __________________
Agenda Item #7.2:

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Patricia Farrar-Rivas
John Gurney
Jack Ding

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, June 3, 2026

6:00 PM Regular Meeting
Regular Meeting Minutes, June 3, 2026

REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Wellander called the meeting to order at 6:05 p.m.

ROLL CALL:

PRESENT: Mayor Wellander, Vice Mayor Lowe, Council Member Farrar-Rivas, Council Member Gurney, and Council Member Ding

CLOSED SESSION
There is no reportable action taken in Closed Session.

APPROVAL OF AGENDA
Motion by Council Member Gurney, seconded by Vice Mayor Lowe, to approve the agenda as presented. Motion carried unanimously by voice vote.

1. COMMENTS FROM THE PUBLIC
None.

2. MEETING DEDICATIONS
None.

3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Vice Mayor Lowe attended a Local Agency Formation Commission (LAFCO) meeting today, June 17, 2026.

Council Member Gurney complimented the local Police Department for showcasing the new barricade system at the Tuesday Night Farmer’s Market.

Council Member Ding attended a Zero Waste Sonoma meeting on May 21, 2026.

Council Member Farrar-Rivas attended several community events in late May and early June. On May 21, 2026, she attended the ribbon-cutting ceremony for Transcendence Theatre Company. She also attended the Memorial Day Ceremony on May 25, the City Council Budget Workshop on May 27, and, on June 1, joined the Sonoma Community Center as rainbow banners were raised in honor of Pride Month.

Mayor Wellander attended the Sonoma Valley Community Advisory Commission (SVCAC) meeting on May 27, 2026. He also threw the first pitch at the Stompers game on May 28, 2026. On May 29, 2026, he attended the ribbon-cutting ceremony for the Fairmont Hotel, followed by a fundraising event for Sonoma Family Meals on May 31, 2026. On June 1, 2026, he attended the Same’s General Store ribbon-cutting ceremony. The Mayor also expressed his appreciation for the increased number of produce vendors at the Tuesday Night Farmers Market.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
Interim City Manager Alilovich reported that City Hall is currently illuminated in rainbow colors in honor of Pride Month and encouraged the public to attend the weekend-long celebrations around the Plaza hosted by Sonoma Valley Pride. She also shared several upcoming community events.

Sonoma SPLASH’s Free Community Day event series begins this Sunday, June 7, 2026. These free swim days will be offered on the first Sunday of each month from May through September, with more information available on the City’s website. The City’s first-ever Recreation Guide is expected to be released by the end of this week and will also be posted on the City’s website. Also beginning this Sunday is the Sonoma Sundays Concert Series, held weekly at the Plaza Amphitheater through October. Transcendence Theatre Company is preparing to launch its 2026 Broadway Under the Stars season, with the opening production, “Ain’t Too Proud,” scheduled for June 12, 2026. On June 13, 2026, the Native Sons of the Golden West will host the 63rd Annual Bear Flag Celebration and Chicken BBQ at the Plaza. Interim City Manager Alilovich also noted that postcards and utility bill inserts will be sent out soon to provide residents with information about district elections taking place in November 2026. The City has implemented a District Search Up Tool, available on the City’s website, which allows residents to look up the district in which they reside. Finally, she reminded the public that at the next regular City Council meeting on June 17, 2026, the Council will consider Agenda Item #7.3:

Regular Meeting Minutes, June 3, 2026
adoption of the FY 2026-27 Budget. There will be no City Council meeting on July 1, 2026; the only regular meeting in July is scheduled for July 15, 2026.

5. CITY ATTORNEY COMMENTS
None.

6. PRESENTATIONS
Item 6.1: Proclamation Designating June 19, 2026, as Juneteenth Day in the City of Sonoma

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Council Member Farrar-Rivas, seconded by Council Member Gurney, to approve the Consent Calendar as presented. Motion carried unanimously.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Receive Minutes from the Regular Meetings of May 6, 2026, May 20, 2026 & Special Meetings of May 6, 2026, and May 27, 2026 (Rebekah Barr, MMC, City Clerk)
Action: The minutes were received.

8. PUBLIC HEARING
Item 8.1: Public Hearing to Discuss, Consider, and Take Possible Action to Adopt a Resolution Adopting the Cost Allocation Plan, Accepting the Comprehensive User Fee Study Report, Adopting a Master Fee Schedule, and finding these actions exempt from CEQA under CEQA Guidelines (Dave Jahns, Parks & Recreation Director and Jennifer Gates, AICP, Community Development Director)
Action: Adopted as Resolution 28-2026.

Open Public Hearing: 7:46 p.m.

Public Comments: Connie Schlelein and Howard Eisenstark Closed Public Hearing: 7:48 p.m.

The City Council reached consensus to direct staff to return with alternative options for individuals interested in donating to the Public Art Fund.

Motion by Council Member Ding, seconded by Vice Mayor Lowe, to Adopt a Resolution Adopting the Cost Allocation Plan, Accepting the Comprehensive User Fee Study Report, Adopting a Master Fee Schedule, and finding these actions exempt from CEQA under CEQA Guidelines. Motion carried unanimously.

9. REGULAR CALENDAR – CITY COUNCIL
None.

10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF PUBLIC SPEAKERS REMAIN FROM ITEM 2.0) None.

11. ADJOURNEMENT
Mayor Wellander adjourned the meeting at 7:55 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 15th of July 2026.
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Patricia Farrar-Rivas
John Gurney
Jack Ding

REGULAR MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, June 17, 2026

6:00 PM Regular Meeting
Regular Meeting Minutes, June 17, 2026

REGULAR MEETING

CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Wellander called the meeting to order at 6:05 p.m.

ROLL CALL:

PRESENT: Mayor Wellander, Vice Mayor Lowe, Council Member Farrar-Rivas, Council Member Gurney, and Council Member Ding

CLOSED SESSION
There is no reportable action taken in Closed Session.

APPROVAL OF AGENDA
Motion by Council Member Ding, seconded by Council Member Farrar-Rivas, to approve the agenda as presented. Motion carried unanimously by voice vote.

1. COMMENTS FROM THE PUBLIC
John Coakley and Jeannie provided public comments.

2. MEETING DEDICATIONS
Council Member Ding dedicated the meeting to Richard Katz.

3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Farrar-Rivas reported that she attended a Sonoma Clean Power meeting on June 4, 2026, and provided verbal updates from that meeting. She also attended KSVY’s Community Strategy Session on June 5, the opening show of the Transcendence Theatre Company on June 13, and the Pride Celebration on the Plaza on June 14, 2026.

Council Member Ding provided verbal updates from the Sonoma County Mayors and Councilmembers’ Association Legislative Committee. He reported that he attended Gary Magnani’s memorial service on June 7, 2026. He also shared that, on June 5, 2026, he traveled to San Francisco with representatives from Sister Cities to attend the 8th U.S.–China Sister Cities Summit.

Vice Mayor Lowe reported that she attended the Pride Celebration on June 14, 2026. She also attended a Sonoma County Transportation Authority meeting on June 8, 2026, and a Sonoma County Mayors and Councilmembers’ Association Board of Directors meeting on June 11, 2026.

Council Member Gurney attended a Sonoma Tourism District meeting on June 11, 2026.

4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
Interim City Manager Alilovich announced that City offices will be closed on June 19 in observance of Juneteenth. She also shared that the City has launched Summer Ready Sonoma, a four-week preparedness series designed to help residents prepare for summer and fire season. Additional information is available on the City’s website. Interim City Manager Alilovich also noted that several prescribed burns are scheduled to take place between June 17 and June 30, 2026, weather permitting. More information about these burns is available on the City’s website. She reminded the public that the City is seeking community participation in the Strategic Transit Plan Survey, which is available in both English and Spanish. She also announced that the Summer Sundays Concert Series will begin on June 21, 2026, at the Plaza Amphitheater and is free to attend. Additionally, she shared that the new Parks and Recreation Guide is now available for download on the City’s website.

Lastly, she reminded the public that there will be no City Council meeting on July 1, 2026. The next regular meeting is scheduled for July 15, 2026.

City Clerk Barr provided an update on the City’s District Elections process.

5. CITY ATTORNEY COMMENTS
None.

6. PRESENTATIONS
Item 6.1: Sonoma Valley Fire District 2025 Annual Report and Fire Update (Steve Akre, Fire Chief)
Agenda Item #7.3:

Regular Meeting Minutes, June 17, 2026
Public Comment: Tom Conlon

7. CONSENT CALENDAR – CITY COUNCIL
Motion by Vice Mayor Lowe, seconded by Council Member Gurney, to approve the Consent Calendar as presented. Motion carried unanimously.

Item 7.1: Waive further reading and Authorize Introduction and/or Adoption of Ordinances by Title Only. (Standard procedural action - no backup information provided) Item 7.2: Accept the Expenditure Report for the Month of May 2026 (Ryan Kodama, Accounting Manager)
Action: The expenditure report was accepted.

Item 7.3: Adopt Resolutions 1) Calling for the Holding of a General Municipal Election to be Held on Tuesday, November 3, 2026, for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities; and 2) Requesting the Board of Supervisors of the County of Sonoma to Consolidate a General Municipal Election to be Held on Tuesday, November 3, 2026 with the Statewide General Election to be Held on Tuesday, November 3, 2026 (Rebekah Barr, MMC, City Clerk)
Action: Adopted as Resolution 29-2026 and Resolution 30-2026.

Item 7.4: Adopt a Resolution Authorizing the Interim City Manager to Execute a Quit Claim Deed for APN(s): 018-391-019, 018-391-018 - (871 and 879 Hayes Street) to the Sonoma Valley County Sanitation District (Ashley Cotter, PW & Admin Project Manager) Action: Adopted as Resolution 31-2026.

Item 7.5: Adopt a Resolution Authorizing the City Manager to Execute a Fourth Amendment to the Professional Services Agreement with 4LEAF, Inc. to Extend Services for Building Official Services (Jennifer Gates, AICP, Community Development Director) Action: Adopted as Resolution 32-2026.

Item 7.6: Adopt a Resolution Approving the Fiscal Year 2026-27 Road Pavement Preservation and Rehabilitation Projects as the Projects for Fiscal Year 2026-27 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017 and Authorize the Public Works Department to Submit these Projects to the California Transportation Commission (Ashley Cotter, PW & Admin Project Manager)
Action: Adopted as Resolution 33-2026.

8. PUBLIC HEARING
Item 8.1: Public Hearing for the Updated Urban Water Management Plan and Water Shortage Contingency Plan (Ashley Cotter, PW & Admin Project Manager) Action: The public hearing was held.

Open Public Hearing: 7:28 p.m.

Public Comments: Tom Conlon
Closed Public Hearing: 7:35 p.m.

9. REGULAR CALENDAR – CITY COUNCIL
Item 9.1: A Resolution Adopting the 2025 Urban Water Management Plan and Water Shortage Contingency Plan (Ashley Cotter, PW & Admin Project Manager) Action: Adopted as Resolution 34-2026.

Public Comment: Tom Conlon
Motion by Council Member Farrar-Rivas, seconded by Council Member Ding, to Adopt the 2025 Urban Water Management Plan as modified to incorporate relevant language from the Climate Action Commission’s Strategies Report and the Water Shortage Contingency Plan. Motion carried unanimously.

Mayor Wellander called for a recess at 7:52 p.m.; Council reconvened at 8:03 p.m.

Item 9.2: Review, Discussion, and Potential Approval of a Public Art Donation and Installation Submitted by Peter Hassen (Dave Jahns, Parks & Recreation Director) Action: Adopted as Resolution 35-2026.

Public Comment: Connie Schlelein, Robert Demler, and Robin Reiners.

Motion by Vice Mayor Lowe, seconded by Council Member Farrar-Rivas, to Approve a Public Art Donation and Installation Submitted by Peter Hassen. Motion carried unanimously.

Item 9.3: Discussion, Consideration and Possible Action to Approve the FY 2026-27 City of Sonoma Operating and Capital Improvement Budget with the Following Resolutions (Cristine Alilovich, Interim City Manager):

Agenda Item #7.3:

Regular Meeting Minutes, June 17, 2026

1. A Resolution of the City Council of the City of Sonoma and the Successor Agency of the Former Sonoma Community Development Agency Adopting the FY 2026-27 City of Sonoma Operating Budget; and Approving Community Fund Programming

2. A Resolution of the City Council of the City of Sonoma Adopting the 2026-31 Five-Year Capital Improvement Program; and Authorizing Capital Project Funds Appropriated and
Unspent in FY 2025-26 to be Rolled into the FY 2026-27 Budget

3. A Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Approve the Carryforward Operational Funds for One Time Projects Appropriated and Unspent in FY 2025-26 to be Rolled into the FY 2026-27 Budget

4. A Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Fund Recreation and Community Service Discretionary Funding Program for the FY 2026-27 Budget

5. A Resolution of the City Council of the City of Sonoma Approving and Creating a New Job Classification for a Recreation Coordinator (Part-Time) Position and Adopting the Job Description and Salary Range for the Position

6. A Resolution of the City Council of the City of Sonoma Establishing the Appropriations Limit for the FY 2026-27
Action: Adopted as Resolution 36-2026, Resolution 37-2026, Resolution 38-2026, Resolution 39-2026, Resolution 40-2026, and Resolution 41-2026.

Motion by Council Member Farrar-Rivas, seconded by Council Member Gurney, to Adopt the following resolutions: A Resolution of the City Council of the City of Sonoma and the Successor Agency of the Former Sonoma Community Development Agency Adopting the FY 2026-27 City of Sonoma Operating Budget; and Approving Community Fund Programming; A Resolution of the City Council of the City of Sonoma Adopting the 2026-31 Five-Year Capital Improvement Program; and Authorizing Capital Project Funds Appropriated and Unspent in FY 2025-26 to be Rolled into the FY 2026-27 Budget; A Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Approve the Carryforward Operational Funds for One Time Projects Appropriated and Unspent in FY 2025-26 to be Rolled into the FY 2026-27 Budget; A Resolution of the City Council of the City of Sonoma Authorizing the Interim City Manager to Fund Recreation and Community Service Discretionary Funding Program for the FY 2026-27 Budget; A Resolution of the City Council of the City of Sonoma Approving and Creating a New Job Classification for a Recreation Coordinator (Part-Time) Position and Adopting the Job Description and Salary Range for the Position; and A Resolution of the City Council of the City of Sonoma Establishing the Appropriations Limit for the FY 2026-27. Motion carried unanimously.

10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF PUBLIC SPEAKERS REMAIN FROM ITEM 2.0) None.

11. ADJOURNEMENT
Mayor Wellander adjourned the meeting at 9:27 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 15th of July 2026.
_____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Patricia Farrar-Rivas
John Gurney
Jack Ding

SPECIAL CLOSED SESSION MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, June 3, 2026

5:00 PM
Special Meeting Minutes, June 3, 2026

1. CALL TO ORDER
Mayor Wellander called the meeting to order at 5:00 p.m.

2. ITEMS FOR DISCUSSION
Item 2.1: CONFERENCE WITH LABOR NEGOTIATORS – Pursuant to Cal. Gov’t Code Sec 54957.6:

Agency Designated Representative: City Manager
Employee Organization: SEIU, Unrepresented, Management
Action: No reportable action taken.

3. ADJOURNMENT
Mayor Wellander adjourned the meeting at 6:00 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 15th of July 2026.
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Patricia Farrar-Rivas
John Gurney
Jack Ding

SPECIAL CLOSED SESSION MEETING MINUTES

OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, June 17, 2026

4:30 PM
Special Meeting Minutes, June 17, 2026

1. CALL TO ORDER
Mayor Wellander called the meeting to order at 4:30 p.m.

2. ITEMS FOR DISCUSSION
Item 2.1: Public Employee Appointment (Pursuant to Gov. Code § 54957) Title: City Manager
Action: No reportable action taken.

3. ADJOURNMENT
Mayor Wellander adjourned the meeting at 6:00 p.m.

I HEREBY CERTIFY that the foregoing minutes were duly and regularly received at a regular meeting of the Sonoma City Council on the 15th of July 2026.
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.3:

City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jul 2026
Department
Public Works
Staff Contact
Michael Berger, Public Works Director
Agenda Item Title
Adopt a Resolution Adopting the Plans and Specifications for the 2026 Citywide Slurry Seal Project No. 2602 (Project); Accepting Bids and Awarding a Contract to Sierra Nevada Construction, Inc.; Authorizing the Interim City Manager to Execute a Construction Contract in the Amount of $287,007.00, and Authorizing the Interim City Manager to Approve $43,051.05 (15%) in Contingency
Summary
The 2026 Citywide Slurry Seal Project (project) is part of the City’s commitment to keeping the City’s streets and multi-use pathways in a safe and functional condition for multi-modal circulation. The project generally involves street surface treatment (slurry seal) for various streets throughout the City. Specifically, the improvements consist of surface preparation; crack seal; removal and replacement of pavement striping and markings; public outreach; protection of existing utility structures, curb and gutter, and cross gutter; traffic control; and other related work.

Budget
On June 17, 2026, the City Council adopted the Fiscal Year 26-27 Capital Improvement Budget.

This budget included funding for the Annual Slurry Seal projects, as follows:
$250,000.00 (Road Maintenance and Rehabilitation Account (RMRA). This is from Senate Bill 1: Road Repair and Accountability Act. Additionally, funding allocated to this project through the FY25-26 Budget Adoption, as well as unspent funds (carryovers) from previous project, provide sufficient funding for this project.

Streets and pathways to be included in the 2026 Citywide Slurry Seal Project were selected using the City’s Pavement Management Program and coordination with City Staff. The City advertised the project for bids in May 2026. The bid opening was held on June 30th, 2026. Four (4) bids were received as follows in Table One:

Table One: Bid Results
Company Bid
Sierra Nevada Construction, Inc. $287,700.00
American Asphalt Repair and Resurfacing $295,326.40
Pavement Coatings, Co. $309,334.39
VSS International, Inc. $316,211.00
The 2026 Citywide Slurry Seal Map is attached, which identifies the areas selected for slurry seal treatment.

The lowest responsive bid from a responsible bidder was $287,700 from Sierra Nevada Construction, Inc. Including contingency ($43,051.05), the total project cost is $330,058.05.

Agenda Item #7.4:

As noted above, the funding source for the construction of the project from the Road Maintenance and Rehabilitation Account (RMRA) through Senate Bill 1: Road Repair and Accountability Act (SB1). On April 6, 2017, the California State Legislature passed the Road Repair Accountability Act, winning a two-thirds majority in both the Senate and Assembly. The bill levied a 12 cent per gallon tax on gasoline and 20 cent per gallon tax on diesel fuel, with annual inflation adjustments going into effect July 1, 2020. It also raised annual vehicle registration fees from $25 to $175, depending on the vehicle value, as well as an additional $100 vehicle registration tax on zero emissions vehicles of model year 2020 or later effective July 1, 2020, with annual inflation adjustments beginning July 1, 2021. The revenue raised from this measure is used primarily to repair existing roads, bridges, add bicycle lanes, and increase funding for mass transit projects. SB 1 invests $5.4 billion annually in California’s transportation systems, and every county in California is receiving infrastructure investments form this legislation. State transportation infrastructure receives roughly half of the SB 1 funding. Cities, counties, and transit agencies will also share $26 billion in funding to improve streets and roads, expand the state’s growing network of pedestrian and cycle routes, and increase transit service.

For cities, SB 1 doubles the amount of revenues received from the state for local street maintenance and rehabilitation needs. Annually, $500 to $650 million is going to cities statewide, allocated on a per capita basis. A vast majority of the new revenues for the cities comes out of the newly created RMRA where cities have to prioritize fixing their existing infrastructure first before having some additional flexibility for those funds for other transportation needs. Under SB 1, the City of Sonoma is estimated to receive approximately $300,000 in FY26-27. This funding has been programmed for slurry seal maintenance to protect and preserve our streets. SB 1 is an important source of funding for cities across California.

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(C) - Existing Facilities - of the CEQA Guidelines.

Recommended Council Action
It is recommended that the City Council adopt a resolution adopting the specifications for the 2026 Citywide Slurry Seal Project No. 2602; accepting the bids and awarding the contract to Sierra Nevada Construction, Inc., authorizing the Interim City Manager to execute a construction contract for $287,007.00, and authorizing the Interim City Manager to approve $43,051.05 (15%) in contingency.

Alternative Actions
Reject all bids. Project streets would not be slurry sealed, deferring maintenance to a later time, although the City’s SB 1- RMRA fund are restricted to such purposes. The condition of the City’s pavement would continue to decline.

Financial Impact
The City Council approved funding in FY25-26 and FY26-27 of Senate Bill 1: The Road Repair and Accountability Act of 2017 (SB 1) funds for construction of the 2026 Citywide Slurry Seal Project in the Capital Improvement Program. The project construction utilizing funds provided through SB 1 would be limited to slurry seal treatment and striping for street segments. The use of SB 1 funds for this project was authorized by the City Council through Resolution 33-2026 on June 17, 2026.

Environmental Review Status
Agenda Item #7.4:

Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
2026 Citywide Slurry Seal Map
CIP-T3 2026 Citywide Slurry Plans and Specifications
Agenda Item #7.4:

City of Sonoma
RESOLUTION # ________- 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING THE SPECIFICATIONS FOR THE 2026 CITYWIDE SLURRY SEAL PROJECT NO 2602 (PROJECT);

ACCEPTING THE BIDS AND AWARDING A CONTRACT TO SIERRA NEVADA CONSTRUCTION, INC; AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT IN THE AMOUNT OF $287,007.00, AND AUTHORIZING THE INTERIM CITY MANAGER TO APPROVE $43,051.05 (15%) IN CONTINGENCY
WHEREAS, the 2026 Citywide Slurry Seal Project No. 2602, CIP T-3 (project) was advertised for construction bids and four (4) bids were received electronically and publicly opened in an online bid opening on June 30th, 2026; and
WHEREAS, Sierra Nevada Construction, Inc. (Contractor) has been determined to be the lowest responsible bidder in the amount of $287,007.00; and
WHEREAS, the City Council adopted the FY26-27 Capital Improvement Program on June 17, 2026, which included $250,000 of SB1 funding, as well as adopting carryforwards from previous years of unspent funds, which have provided sufficient funding for this project; and WHEREAS, the project is categorically exempt under CEQA pursuant to Section 15301(c) (Existing Facilities) of the CEQA guidelines.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma hereby adopts the Specifications for the 2026 Citywide Slurry Seal Project No. 2602; and BE IT FURTHER RESOLVED that the City council of the City of Sonoma declares, based on the information contained within the bid documents, that the bid of the apparent low bidder, Sierra Nevada Construction, Inc., is responsive; and
BE IT FURTHER RESOLVED that the City Council of the City of Sonoma authorizes the Interim City Manager to execute a construction contract in the amount of $287,007.00.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 15th day of July 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Agenda Item #7.4:

____________________________
Ron Wellander, Mayor
ATTEST:
____________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.4:

FIGURE 1
0 500 1,000 1,500 2,000
Feet
Project No.

Revision No. 0000
12687354
Date May 2026
Map Projection: Lambert Conformal Conic
Horizontal Datum: NAD 1983 2011
Grid: NAD 1983 2011 StatePlane California II FIPS 0402 Ft US Paper Size ANSI A
o \\ghdnet\ghd\US\Azure\EastUS\12687354\GIS\Maps\Working\12687354_SonomaSlurryPavement_2026.aprx - Data source: Parcels: . Created by: ethompson3 12687354_002_FIG1_SlurrySealLimits
Print date: 12 May 2026 - 13:18
City of Sonoma
CIP T-3, 2026 Citywide Slurry
Seal Project No. 2602
Location and Limits of Slurry Seal
Legend
Parcels Slurry Seal Limits
Broadway (Hwy 12)
W. Napa Street (Hwy 12)
Napa RoadNapa Road
Leveroni Road
E. Napa Street
Chase Street
Bettencourt Street
W. Spain Street E. Spain Street
Fifth Street West
Fifth Street East
Plaza
Park
Third Street West
Church Street
Clay Street
Oak Lane
Fourth Street East
Bragg Street
Agenda Item #7.4:

Agenda Item #7.4:

TOC-ii JUNE 2026
Summary Table of Contents
PART I – BIDDING & PROPOSAL REQUIREMENTS
Notice to Bidders ................................................................................................................ I-1 Proposal Requirements and Conditions ............................................................................. I-4 PART II – PROPOSAL FORMS
Schedule of Bid Prices ..................................................................................................... II-1 Proposal Certification ....................................................................................................... II-2 List of Subcontractors ...................................................................................................... II-3 Competency of Bidders – Part 1 of 4 ............................................................................... II-4 Competency of Bidders – Part 2 of 4 ............................................................................... II-5 Competency of Bidders – Part 3 of 4 ............................................................................... II-6 Competency of Bidders – Part 4 of 4 ............................................................................... II-6 Verification ....................................................................................................................... II-7 Noncollusion Affidavit ..................................................................................................... II-8 Addendum Acknowledgement ......................................................................................... II-9 Bid Bond ......................................................................................................................... II-10 PART III – CONTRACT REQUIREMENTS
Return of Bidder's Securities ............................................................................................... III-1 Contract ................................................................................................................................ III-2 Performance Bond ............................................................................................................... III-6 Labor and Materials Bond ................................................................................................... III-8 Maintenance Bond (1-Year) .............................................................................................. III-10 Guaranty ............................................................................................................................. III-12 Contractor Insurance Requirements for City Projects ....................................................... III-15 PART IV – SPECIAL PROVISIONS
Section 1 Standard Specifications Adoption and Definitions .................................................. IV-1 Section 2 Precedence of Plans, Specifications and Contract Documents ............................... IV-3 Section 3 Scope of Work ......................................................................................................... IV-4

3.01 Work to be Done .......................................................................................................... IV-4

3.02 Changes in Work and Extra Work ................................................................................ IV-4

3.03 Cleaning Up .................................................................................................................. IV-4 Section 4 Control of Work ....................................................................................................... IV-5

4.01 Authority of the Engineer ............................................................................................. IV-5

4.02 Conformity with Contract Documents and Allowable Deviations ............................... IV-5

4.03 Coordination of Specifications ..................................................................................... IV-5

4.04 Interpretation of Specifications .................................................................................... IV-5

4.05 Order of Work .............................................................................................................. IV-5

4.06 Specifications on Job Site ............................................................................................. IV-5

4.07 Superintendent .............................................................................................................. IV-5

4.08 Inspection ..................................................................................................................... IV-6

4.09 Removal of Defective and Unauthorized Work ........................................................... IV-6 Agenda Item #7.4:

TOC-iii JUNE 2026

4.10 Final Inspection ............................................................................................................ IV-7 Section 5 Control of Materials ................................................................................................. IV-8

5.01 Source of Supply and Quality of Materials .................................................................. IV-8

5.02 Samples and Tests ........................................................................................................ IV-8

5.03 Defective Materials ...................................................................................................... IV-8

5.04 City-furnished Materials ............................................................................................... IV-8

5.05 Trade Names and Alternatives ..................................................................................... IV-8 Section 6 Legal Relations and Responsibilities ..................................................................... IV-10

6.01 Laws to be Observed .................................................................................................. IV-10

6.02 Labor Discrimination .................................................................................................. IV-10

6.03 Permits and Licenses .................................................................................................. IV-10

6.04 Contractor’s Licensing Laws ...................................................................................... IV-10

6.05 Patents ......................................................................................................................... IV-10

6.06 Safety Provisions ........................................................................................................ IV-10

6.07 Payroll Records and Employment of Apprentices ..................................................... IV-10

6.08 Public Convenience and Safety .................................................................................. IV-11

6.09 Preservation of Property ............................................................................................. IV-11

6.10 Responsibility for Damage ......................................................................................... IV-12

6.11 Contractor’s Responsibility for Work ........................................................................ IV-12

6.12 No Personal Liability .................................................................................................. IV-12

6.13 Responsibility of City ................................................................................................. IV-12

6.14 Public Liability and Property Damage Insurance ....................................................... IV-12

6.15 Workers’ Compensation Insurance ............................................................................ IV-12

6.16 General Warranty ....................................................................................................... IV-12

6.17 Cooperation ................................................................................................................ IV-13

6.18 Working Hours ........................................................................................................... IV-13

6.19 Prevailing Wages ........................................................................................................ IV-14 Section 7 Prosecution and Progress ....................................................................................... IV-15

7.01 Subcontracting ............................................................................................................ IV-15

7.02 Assignment ................................................................................................................. IV-15

7.03 Beginning of Work ..................................................................................................... IV-15

7.04 Construction Schedule ................................................................................................ IV-15

7.05 Character of Workmen ............................................................................................... IV-16

7.06 Temporary Suspension of Work ................................................................................. IV-16

7.07 Time of Completion and Liquidated Damages .......................................................... IV-17

7.08 Default by Contractor ................................................................................................. IV-18

7.09 Termination of Contract ............................................................................................. IV-18

7.10 Right of Way .............................................................................................................. IV-19 Section 8 Changes in Work.................................................................................................... IV-20

8.01 Changes Requested by the Contractor ........................................................................ IV-20

8.02 Changes Initiated by the City ..................................................................................... IV-20 Section 9 Extra Work ............................................................................................................. IV-21

9.01 General ....................................................................................................................... IV-21

9.02 Payment ...................................................................................................................... IV-21 Section 10 Differing Site Conditions ..................................................................................... IV-22

10.01 Disputed Work .......................................................................................................... IV-22 Agenda Item #7.4:

TOC-iv JUNE 2026
Section 11 Final Acceptance of the Work ............................................................................. IV-23 Section 12 Measurement and Payment .................................................................................. IV-24

12.01 Measurement ............................................................................................................ IV-24

12.02 Payment .................................................................................................................... IV-24

12.03 Payment Withholds .................................................................................................. IV-26 Section 13 Timing of payment ............................................................................................... IV-27

13.01 Timing of Payment ................................................................................................... IV-27 Section 14 Proposal Requirements and Conditions ............................................................... IV-28

14.01 State Standard Specifications and Plans ................................................................ IV-28

14.02 Plans ....................................................................................................................... IV-28 PART V – TECHNICAL SPECIFICATIONS
SECTION 10 GENERAL ................................................................................................ V-1 10-1.01 GENERAL ......................................................................................................... V-1 10-1.01C EXISTING CONDITIONS ............................................................................. V-2 10-1.01D MOBILIZATION/DEMOBILIZATION ........................................................ V-2 10-1.03 TIME CONSTRAINTS ..................................................................................... V-3 10-1.04 MEETINGS ....................................................................................................... V-3 10-1.04A PRECONSTRUCTION MEETING ............................................................... V-3 10-1.04B SITE MOBILIZATION MEETING ............................................................... V-3 10-1.04C PROGRESS MEETINGS ............................................................................... V-4 10-1.05 CONSTRUCTION SCHEDULE ....................................................................... V-5 10-1.06 DUST CONTROL ............................................................................................. V-5 10-1.07 WATERING ...................................................................................................... V-5 10-1.08 UTILITIES......................................................................................................... V-6 SECTION 12 TEMPORARY TRAFFIC CONTROL ..................................................... V-7 12-1 GENERAL .............................................................................................................. V-7 12-1.01 GENERAL ......................................................................................................... V-7 12-2 PUBLIC NOTIFICATION ..................................................................................... V-7 12-3 TEMPORARY TRAFFIC CONTROL DEVICES ................................................ V-9 12-3.01 GENERAL ......................................................................................................... V-9 12-4 MAINTAINING TRAFFIC .................................................................................. V-10 12-4.01 GENERAL ....................................................................................................... V-10 12-4.02C(3)(m) CLOSURE REQUIREMENTS .......................................................... V-11 12-9 MEASUREMENT AND PAYMENT .................................................................. V-12 12-9.01 PAYMENT ...................................................................................................... V-12 SECTION 13 WATER POLLUTION CONTROL ....................................................... V-14 13-1 GENERAL ............................................................................................................ V-14 13-1.01A SUMMARY .................................................................................................. V-14 13-2 WATER POLLUTION CONTROL PROGRAM ................................................ V-14 13-2.01C SUBMITTALS .............................................................................................. V-14 13-3 STORM WATER POLLUTION PREVENTION PLAN .................................... V-14 13-3.01A SUMMARY .................................................................................................. V-14 13-4 JOB SITE MANAGEMENT ................................................................................ V-14 13-4.03B SPILL PREVENTION AND CONTROL/CASQA (BMP WM-4) .............. V-14 13-4.03D(5) LIQUID WASTE ..................................................................................... V-15 Agenda Item #7.4:

TOC-v JUNE 2026
13-4.03E NONSTORM WATER MANAGEMENT/CASQA WATER
CONSERVATION PRACTICES (BMP NS-1 AND NS-2) ......................................... V-15 13-4.03E(7) PAVING, SEALING, SAW CUTTING, GROOVING AND GRINDING ACTIVITIES .................................................................................................................. V-15 13-4.04 PAYMENT ....................................................................................................... V-16 13-6 TEMPORARY SEDIMENT CONTROL .............................................................. V-16 13-6.03C TEMPORARY DRAINAGE INLET PROTECTION/CASQA STORM DRAIN INLET PROTECTION (BMP SE-10) ........................................................................... V-16 13-6.04 PAYMENT ....................................................................................................... V-16 SECTION 14 ENVIRONMENTAL STEWARDSHIP ................................................. V-17 14-11.12 REMOVAL OF YELLOW TRAFFIC STRIPE AND PAVEMENT MARKING WITH HAZARDOUS WASTE RESIDUE ................................................................... V-17 SECTION 15 EXISTING FACILITIES ........................................................................ V-21 15-1.01 GENERAL ........................................................................................................ V-21 15-1.04 PAYMENT ...................................................................................................... V-21 SECTION 37-3 SLURRY SEALs ................................................................................. V-22 37-3.01 GENERAL ........................................................................................................ V-22 37-3.01A SLURRY SEAL ............................................................................................ V-22 37-3.01A(3) SUBMITTALS ......................................................................................... V-22 37-3.01A(4)(c) ACCEPTANCE ................................................................................... V-23 37-3.01B(2) AGGREGATE .......................................................................................... V-24 37-3.01C CONSTRUCTION ......................................................................................... V-24 37-3.02 SLURRY SEALS ............................................................................................ V-24 37-3.02B MATERIALS ................................................................................................ V-24 37-3.02B(3) POLYMER MODIFIED ASPHALTIC EMULSIONS ........................... V-24 37-3.02C CONSTRUCTION ........................................................................................ V-24 37-3.02C(1) GENERAL ............................................................................................... V-24 37-3.02C(2) PROPORTIONING .................................................................................. V-25 37-3.02C(3) MIXING AND SPREADING EQUIPMENT .......................................... V-25 37-3.02C(4) PLACEMENT .......................................................................................... V-25 37-3.02D PAYMENT ................................................................................................... V-27 SECTION 37-6 CRACK TREATMENT ...................................................................... V-28 37-6.01 GENERAL ........................................................................................................ V-28 37-6.01C SUBMITTALS .............................................................................................. V-28 37-6.02 MATERIALS .................................................................................................. V-28 37-6.03 CONSTRUCTION........................................................................................... V-28 37-6.04 PAYMENT ...................................................................................................... V-29 SECTION 84 MARKINGS ........................................................................................... V-30 84-1.01 GENERAL ........................................................................................................ V-30 84-1.03 CONSTRUCTION............................................................................................ V-30 84-2.01C SUBMITTALS .............................................................................................. V-30 84-2.02 MATERIALS .................................................................................................. V-30 84-2.04 PAYMENT ...................................................................................................... V-31

APPENDICIES
Agenda Item #7.4:

TOC-vi JUNE 2026
Appendix A. Figure 1, Location and Limits of Slurry Seal Agenda Item #7.4:

PART I -

BIDDING & PROPOSAL

REQUIREMENTS
Agenda Item #7.4:

TOC-i JUNE 2026
Table of Contents
PART I – BIDDING & PROPOSAL REQUIREMENTS
Notice to Bidders .................................................................................................................... I-1 Proposal Requirements and Conditions .................................................................................. I-4 Agenda Item #7.4:

Page I-1 JUNE 2026

NOTICE TO BIDDERS
The City of Sonoma will receive bids via the City of Sonoma Planroom at https://www.sonomaplanroom.com/ until 2:00 p.m. Tuesday, June 30, 2026 at which time, they will be publicly opened and read for:

CIP T-3, CITYWIDE SLURRY SEAL PROJECT NO. 2602

ONLINE SEALED BID SUBMISSION
Sealed bids will be received by online submission. Instructions for submitting bids online follow:

1. Log into the City of Sonoma Planroom located on the Blueprint Express website at https://www.sonomaplanroom.com/ and find “CIP T-3, 2026 Citywide Slurry Seal Project No. 2602 under “Recent Job Posted” on page.

2. On the Details tab/page of the Planroom, click the “Submit Bid Docs” tab. Note that bidders will have to be logged in in order to see this tab. The bidder will be able to confirm that they are logged in on the bottom left corner of the screen.

3. When the “Submit Bid Docs” tab is clicked, the logged-in bidder’s information will automatically populate. Complete the form and attached the bid (entire Part II Proposal Forms, including Bidder’s Bond and any other documents necessary for the bid).

4. Before the time and date for receipt of bids, City Officials, only, upon clicking the “Bid Results” tab, will be able to observe the names of bidders and the date and time that bids were submitted. No one, including City Officials, will be able to view any other information. All bid form attachments are “sealed” until the bid time passes.

5. At bid time, for City Officials only, a “Download” button will appear at the “Bid Results” tab.

6. After the bid time passes, the City Official will click the “Bid Results” tab, download the bids submitted and read the bids out loud at the Zoom meeting described below.

An additional explanation regarding the procedures for submitting bids is available on the Blueprint Express/City website. No hard copy paper bids will be accepted. Please allow time to submit bids online.

A Zoom meeting invitation to join the bid opening by computer or by phone will be provided to all plan holders prior to bid opening.

In general, the work consists of street surface treatment (slurry seal) for various streets throughout the City, including surface preparation, crack seal, removal and replacement of pavement striping and markings, protection of existing utility structures, traffic control, water pollution control and other related work as set forth on the project Plans and Specifications.

THIRTY (30) WORKING DAYS will be allowed for the completion of all work under the contract.

Pursuant to Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the county in which this project is performed, and Agenda Item #7.4:

Page I-2 JUNE 2026
not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided under the Cal. Labor Code, shall be paid to all workers employed on this project.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at the City of Sonoma located in the City Hall, No. 1 The Plaza, Sonoma, California and available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov/DLSR/PWD. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

The Contractor may elect to provide for the substitution of securities for any moneys which would otherwise be withheld by the City to ensure performance under the contract or may request the City to make payment of retentions earned directly to an escrow agent subject to the provisions of Section 22300 of the Public Contracts Code.

Pursuant to Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in the bid Proposal Forms, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of the contract for this project unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Section 1771.1 nor of this Notice to Bidders for an unregistered contractor to submit a bid for this project that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform the work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.

A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Labor Code Section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. [Cal. Labor Code sec. 1771.4(a)(1)] The Contractor shall be required to provide a payment bond for this project. [Cal. Civ. Code section 9550(b)]
Bidders must hold a Class A Contractor’s license under the laws of the State of California.

Bidder’s security will be required as provided in the Contract Documents.

No Bidder may withdraw his bid after the time fixed for the opening thereof.

The successful Bidder and all subcontractors will be required to secure a City of Sonoma business license before commencing work on this project.

The City Council reserves the right to reject any and all bids or to waive any defects or irregularity in the bidding.

FAX and other electronically transmitted bids will not be accepted.

Agenda Item #7.4:

Page I-3 JUNE 2026
Plans and Specifications may be obtained by logging on https://www.sonomaplanroom.com/.

All Bidders must purchase a complete bid set from BPXpress Reprographics in order to receive addenda notifications.

Questions will be accepted via e-mail only to: Matt Wargula, City Engineer, at [email protected] with copy to Ashley Cotter, Public Works Administrative and Project Manager ([email protected]).

Technical questions will not be accepted after 2:00 pm, Tuesday, June 23, 2026.

June 2026

REBEKAH BARR

CITY CLERK
Agenda Item #7.4:

Page I-4 JUNE 2026

PROPOSAL REQUIREMENTS AND CONDITIONS

1. Proposal Forms
All proposals must be made upon the blank forms (“PROPOSAL FORMS”) contained in these Contract Documents. The completed proposal must contain all items in the PROPOSAL FORMS section in these Contract Documents.

The proposal must give the Bidder’s unit prices and the estimated total amount for each bid item, and must be signed by the Bidder. In case of disagreements between the unit prices and the estimated total amounts, the unit prices will be considered as representing the Bidder’s intention and the total amount will be corrected accordingly. All proposals must be submitted online as instructed in the Notice to Bidders.

Sealed paper, FAX or other electronically transmitted bids will not be accepted.

2. Approximate Estimate
The quantities given in the Notice to Bidders and/or the Proposal are approximate only, being given as a basis for the comparison of bids, and the City does not, expressly or by implication, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work, or to omit portions of the work, as may be deemed necessary or advisable by the Engineer.

3. Examination of Specifications, Contract Documents and Site Work The Bidder shall examine carefully the site of the work contemplated and the Plans, Contract Documents and Specifications. The Bidder shall promptly notify the City Engineer of all conflicts, errors, ambiguities or discrepancies the Bidder discovers as a result of said examination. At the Bidder’s own expense, the Bidder may obtain any additional information and data which pertain to the physical conditions (surface, subsurface, and Underground Utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the work and which the Bidder is in accordance with the time, price, and other items and conditions of the Contract Documents.

The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the Plans, Contract Documents and Specifications.

4. Addenda and Interpretations
No interpretation of the meaning of the Plans and Specifications will be made to any Bidder orally.

Every request for such interpretation shall be in writing addressed to the City Engineer, and to be given consideration must be received by the time specified in the Notice to Bidders. Any and all such interpretations and any supplemental instructions may be in the form of written addenda to the Contract Documents and Specifications which, if issued, will be posted to all prospective Bidders. Failure of any Bidder to receive any such addendum shall not relieve such Bidder from any obligation under Agenda Item #7.4:

Page I-5 JUNE 2026
his bid as submitted. All addenda so issued shall become part of the Contract Documents and Specifications.

Receipt of all Addenda shall be acknowledged in the space provided on the Addendum Acknowledgement form.

5. Rejection of Proposals
Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, obviously unbalanced prices, erasures or irregularities of any kind. The City reserves the right to reject any and all proposals.

6. Bidder’s Security
All bids shall be presented under sealed cover and accompanied by one of the following forms of Bidder’s security: cash, certified check or Bidder’s bond. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California, and secured through an authorized agent with an office in California. The check or bond shall be made payable to the City of Sonoma and shall be given as a guarantee that the Bidder, if awarded the work, will enter into an agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. In case of refusal or failure to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City.

Bid Bonds shall comply with the requirements applicable to payment and performance bonds in the Contract Documents and Specifications.

The Security shall be in an amount equal to at least 10% of the bid amount. A bid will not be considered unless one of the forms of Bidder’s security is enclosed with it.

7. Designation of Subcontractors
Any subcontractor doing work in excess of 1/2 of 1% of the total bid price shall be designated in the Proposal in accordance with Section 4100, et seq., of the Public Contract Code.

8. Withdrawal of Proposals
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the Engineer. The request shall be executed by the Bidder or his duly authorized representative. The withdrawal of the bid does not prejudice the right of the Bidder to file a new bid.

Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the Notice to Bidders for the opening of bids.

9. Public Opening of Proposal
Proposals will be opened and read publicly at the time and place indicated in the Notice to Bidders. Bidders or their authorized agents are invited to join the opening via computer or by phone.

10. Relief of Bidders
Agenda Item #7.4:

Page I-6 JUNE 2026
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5110, inclusive, concerning relief of Bidders and in particular to the requirement therein, that if the Bidder claims a mistake was made in his bid, the Bidder shall give the City written notice within five days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.

11. Disqualification of Bidders
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected.

12. Competency of Bidders
With the Proposal, each Bidder shall furnish a complete statement of his financial ability and experience in performing public works projects of the type contemplated herein, including but not limited to: a listing of all relevant public works projects worked on by the Bidder over the past three (3) years along with the names and email addresses, telephone numbers and street addresses of the public employees or other persons (not affiliated with Bidder) who are the most knowledgeable of the Bidder’s performance of those public works projects; copies of all complaints made against the Bidder’s Contractor’s license in the past ten (10) years and the resolutions thereof; copies of all claims presented and lawsuits brought against the Bidder in the past five (5) years regardless of the form, regarding any public works project in which the Bidder has been involved and a verification signed and dated by the Bidder stating under penalty of perjury under the laws of the State of California that the information provided pursuant to this paragraph is all the information about these matters of which the Bidder (and if the Bidder is an entity, of which the person in the Bidder’s organization with the most knowledge) has knowledge.

13. Noncollusion Affidavit
In order to be eligible for contract award, the Bidder must sign the form of Noncollusion Affidavit included in these Contract Documents. A notarized Jurat Form shall be attached to this Affidavit.

14. Certificate of Authority
Bids by corporations must be executed in the corporate name by the president, vice president, or other corporate officer. Such Bid shall be accomplished by including a Certificate of Authority to sign, attested by the secretary or assistant secretary, and with the corporate seal affixed. The corporate address and state of incorporation must appear below the signature.

Bid by partnerships must be executed in the partnership name and be signed by a managing partner, including a Certificate of Authority to sign, and his/her title must Agenda Item #7.4:

Page I-7 JUNE 2026
appear under the signature and the official address of the partnership must appear below the signature.

Bids by joint venture must be executed on all documents in the joint venture name, signed by a joint venture managing partner, accompanied by a letter on letterhead stating who has the authority to sign and bind the joint venture for public works projects and public works contracts, and his/her title must appear under the signature and the official address of the joint venture must appear below the signature.

15. Award and Execution of the Contract
The City reserves the right to waive any informalities in the bidding or to reject any and all proposals.

All bids will be compared on the basis of the Engineer’s estimate of the quantities of work to be done.

The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all the requirements prescribed. Such award, if made, will be made within 90 days after the opening of proposals. Hence, all bids and proposals shall remain in effect and be subject to acceptance by the City (and if accepted by the City shall be binding upon the Bidder/Contractor) for the 90 days immediately following the opening of the proposals. If the lowest responsible Bidder refuses or fails to execute the Contract within 10 days of Notice of Award, the City may award the Contract to the second lowest responsible Bidder. Such award, if made, will be made within 45 days after the opening of proposals. If the second lowest responsible Bidder refuses or fails to execute the Contract within the timeframe specified herein, the City may award the Contract to the third lowest responsible Bidder. Such award, if made will be made within 60 days after the opening of proposals. The periods of time specified above within which the award of contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the City and the Bidder concerned.

16. Failure to Execute the Contract
Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds after such Bidder has received notice that the Contract has been awarded to him shall be just cause for the annulment of the award and the forfeiture of the Bidder’s security.

The successful Bidder may file with the City a written notice, signed by the Bidder or his authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time hereinbefore prescribed.

17. Insurance
Bidders’ attention is directed to the insurance requirements contained herein. It is highly recommended that Bidders confer with their respective insurance carriers or brokers to determine in advance of bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low Agenda Item #7.4:

Page I-8 JUNE 2026
Bidder fails to comply strictly with the insurance requirements, that Bidder may be disqualified from award of the contract.

The Contractor shall obtain insurance acceptable to City of Sonoma from a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract.

The proper insurance shall be provided within 10 days after the Bidder has received the Notice of Award and prior to the City executing the contract and issuing a Notice to Proceed. The Contractor shall not commence work nor shall he allow his employees or subcontractors or anyone to commence work until all insurance required hereunder has been submitted and approved and a notice to proceed has been issued.

18. Bid Protests
Any bid protest must be submitted in writing to the City of Sonoma Public Works Director/City Engineer, 19728 8th Street East, Sonoma, CA 95476, FAX: 707 938 3240, before 5 pm of the 5th business day following bid opening. a. The initial protest document shall contain a complete statement of the basis for the protest.
b. The protest shall refer to the specific portion of the document which forms the basis for the protest.
c. The protest shall include the name, address, and telephone number of the person representing the protesting party (the “protesting party”). d. At the time the protesting party submits its bid protest to the Public Works Director/City Engineer, s/he/it shall concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. e. Within 5 working days of the protesting party’s delivery of the bid protest to the Bidder whose bid the protesting party is protesting, said Bidder shall submit to the Public Works Director/City Engineer any response to the protest, including any arguments and documentation as to why the protest should be overruled. f. The Public Works Director/City Engineer will issue a written decision recommending to the City Council the Public Works Director’s disposition of the protest. If the City Council determines that a protest is frivolous, the party originating the protest may be determined to be irresponsible and that party may be determined to be ineligible for future contract awards.
g. The procedure and time limits set forth in this paragraph are mandatory and are the protesting party’s sole and exclusive remedy in the event of Bid protest and failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings.

Agenda Item #7.4:

PART II -

PROPOSAL FORMS
Agenda Item #7.4:

TOC-i JUNE 2026
Table of Contents
Schedule of Bid Prices .......................................................................................................... II-1 Proposal Certification ........................................................................................................... II-2 List of Subcontractors ........................................................................................................... II-3 Competency of Bidders – Part 1 of 4 .................................................................................... II-4 Competency of Bidders – Part 2 of 4 .................................................................................... II-5 Competency of Bidders – Part 3 of 4 .................................................................................... II-6 Competency of Bidders – Part 4 of 4 .................................................................................... II-6 Verification ........................................................................................................................... II-7 Noncollusion Affidavit ......................................................................................................... II-8 Addendum Acknowledgement .............................................................................................. II-9 Bid Bond ............................................................................................................................. II-10 Agenda Item #7.4:

TOC-ii JUNE 2026
Agenda Item #7.4:

Page II-1 JUNE 2026

PROPOSAL FOR
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
To the City Council of the City of Sonoma, California:

The undersigned Bidder declares that he or she has carefully examined the location of the proposed work and the Plans, Specifications, and Contract Documents and being familiar with all of the conditions surrounding the work, including the availability of materials and labor, hereby proposes to furnish all plant, labor, materials, tools, equipment, transportation, and incidentals and to complete all the work in accordance with said Plans, Specifications, and Contract Documents for the prices set forth in the following schedule:

SCHEDULE OF BID PRICES
Bid
Item Description Qty. Unit
Unit
Price Amount ($)
1 Mobilization / Demobilization 1 LS
2 Traffic Control 1 LS
3 Remove Yellow
Thermoplastic/Painted Traffic
Stripe 1 LS
4 Slurry Seal – Streets 317,140 SF
5 Pavement Markings 1,950 SF
6 Miscellaneous 4-inch White Stripe 280 LF
7 No Passing Zones – Two Direction
– Detail 22 1,840 LF
8 Right Edgelines – Detail 27B 785 LF
9 Median Islands – Detail 29 445 LF
10 Two-Way Left Turn Lane – Detail
32 305 LF
11 Channelizing Line – Detail 38 480 LF
12 Bike Lane Line – Detail 39 4,620 LF
13 Bike Lane Intersection Line –
Detail 39A 700 LF
14 Pavement Markers (Two-Way Blue
Retroreflective) 11 EA
TOTAL BASE BID $
_________________________________ _______________________________ Signature of Bidder Name of Company

BIDDER MUST SIGN THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-2 JUNE 2026
The unit price for each Bid Item must be filled in and completed. Excepting lump sum Bid Items, if the unit price for any Bid Item is left blank, the bid shall be deemed non-responsive. If there are any discrepancies between the unit price and total amounts, the unit price shall govern.

The unit prices shall include all labor, materials, overhead, profit, insurance, cost, expense or thing necessary for the Bidder to satisfactorily complete the finished work of the several kinds called for.

The undersigned agrees, if this Proposal is accepted, to commence said work and to diligently prosecute the same to completion within the time limits and liquidated damages dollar sum prescribed in Part IV Special Provisions.

It is further understood and agreed that the City reserves the right to reject any and all proposals and to waive any informalities in the bidding; and that no verbal agreement or conversation with any officer, agent or employee of the City either before or after the execution of the Contract, shall affect or modify any of the terms or obligations of this Proposal.

The undersigned certifies that the contractor and its subcontractors are properly licensed and registered in accordance with the laws of the State of California. The attached list shows each of the subcontractors who will perform work under the contract, subject to the approval of the City, in excess of 1/2% of the total bid price.

The undersigned further declares, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct.

PROPOSAL CERTIFICATION
____________________________________ ______________________________ Business Street Address Date
____________________________________ ______________________________ City, State, Zip Bidder’s Name
____________________________________ ______________________________ Telephone Number
____________________________________ ______________________________ State License Number (Exp. Date) Authorized Signature (s) ___________________________________
State Registration Number (Exp. Date)
____________________________________ ______________________________ Primary Class. Supply Class Type of Organization
(Partnership, Individual or Corporation)
____________________________________
Federal I.D. or SS No.
____________________________________ ______________________________ Signature of Bidder Name of Company

BIDDER MUST SIGN THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-3 JUNE 2026

LIST OF SUBCONTRACTORS
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
In accordance with the provisions of Sections 4104 to 4113, inclusive, of the Public Contract Code of the State of California, each Bidder shall list below the name and location of place of business of each subcontractor who will perform a portion of the contract work in an amount in excess of one-half of one percent of the total contract price.

In each such instance, the nature and exten of the work to be sublet shall be described. The Contractor shall employ no subcontractor on the work who is not duly licensed in accordance with the laws of the State of California.

NAME OF SUBCONTRACTOR ________________________________________________________________ As listed with the Contractors State License Board
Complete address of office, mill or shop (including zip) ________________________________________________ ____________________________________________________________________________________________ State License No. _________________ Class: ______________ Expires: _________________________________ (MM/DD/YY)
State Registration No. _________________ Class: ______________ Expires: ______________________________ (MM/DD/YY)
Description of work to be performed (Also show percent of work to be performed by this subcontractor):
____________________________________________________________________________________________

NAME OF SUBCONTRACTOR ________________________________________________________________ As listed with the Contractors State License Board
Complete address of office, mill or shop (including zip) ________________________________________________ ____________________________________________________________________________________________ State License No. _________________ Class: ______________ Expires: _________________________________ (MM/DD/YY)
State Registration No. _________________ Class: ______________ Expires: ______________________________ (MM/DD/YY)
Description of work to be performed (Also show percent of work to be performed by this subcontractor):
____________________________________________________________________________________________

NAME OF SUBCONTRACTOR ________________________________________________________________ As listed with the Contractors State License Board
Complete address of office, mill or shop (including zip) ________________________________________________ ____________________________________________________________________________________________ State License No. _________________ Class: ______________ Expires: _________________________________ (MM/DD/YY)
State Registration No. _________________ Class: ______________ Expires: ______________________________ (MM/DD/YY)
Description of work to be performed (Also show percent of work to be performed by this subcontractor):
____________________________________________________________________________________________ (Attach additional pages if necessary)
________________________________________________ ___________________________________________ Signature of Bidder Name of Company

BIDDER MUST SIGN THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-4 JUNE 2026
COMPETENCY OF BIDDERS – PART 1 OF 4

RELEVANT PUBLIC WORKS PROJECTS
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
The Bidder shall furnish a listing of all relevant public works projects worked on by the Bidder over the past three (3) years.

Owner/ Agency/
Customer Project Title Description of Bidder’s Work
Date of
Completion
Original
Contract
Amount
Contact
(Name, Phone,
Email, Address)

*If additional entries are required attach additional sheets as needed.

Agenda Item #7.4:

Proposal (Continued)
Page II-5 JUNE 2026
COMPETENCY OF BIDDERS – PART 2 OF 4
COMPLIANTS AGAINST THE CONTRACTOR’S LICENSE
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
The Bidder shall furnish copies of all complaints made against the Bidder’s Contractor’s license in the past ten (10) years and the resolutions thereof.

If there are no complaints made against the contractor’s license in the past 10 years please check the box and sign here: _____________________________________ Attach copies of each complaint and any exhibits thereto.

Date
Complaint
Made
Party Originating
Complaint Subject of Complaint Resolution

*If additional entries are required attach additional sheets as needed.

Agenda Item #7.4:

Proposal (Continued)
Page II-6 JUNE 2026
COMPETENCY OF BIDDERS – PART 3 OF 4

CLAIMS AND LAWSUITS AGAINST THE BIDDER
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
The Bidder shall furnish copies of all claims presented and lawsuits brought against the Bidder in the past five (5) years regardless of the form, regarding any public works project in which the Bidder has been involved
If there are no claim/lawsuit made against the Bidder in the past 5 years please check the box and sign here: _____________________________________ Attach copies of each claim and/or lawsuit along with any exhibits thereto.

Date
Claim/Lawsuit
Made
Party Originating
Claim/Lawsuit Subject of Claim/Lawsuit Resolution

*If additional entries are required attach additional sheets as needed.

COMPETENCY OF BIDDERS – PART 4 OF 4
Agenda Item #7.4:

Proposal (Continued)
Page II-7 JUNE 2026

VERIFICATION
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
The undersigned declares, under penalty of perjury under the laws of the State of California, that the information provided on Competency of Bidders forms (Part 1, Part 2 and Part 3) and any other statement of financial ability and experience in performing public works projects of the type contemplated herein are all of the information about these matters of which the Bidder (and if the Bidder is an entity, of which the person in the Bidder’s organization with the most knowledge) has knowledge.

Executed on the ___day of _______20__ in the City of _________________, California. ____________________________________ ______________________________ Signature of Bidder Name of Company
Name: _______________________________[printed]

BIDDER MUST SIGN THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-8 JUNE 2026

NONCOLLUSION AFFIDAVIT

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
State of California )
County of _________________________ ) ss.
____________________________________ , being first duly sworn, deposes and says that he or she is ____________________________ of __________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
______________________ _________________________________ Date Authorized Company Representative
(Signature)
(The Noncollusion Affidavit must be signed and notarized by Jurat [attach form])

BIDDER MUST SIGN THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-9 JUNE 2026

ADDENDUM ACKNOWLEDGEMENT
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
Addendum No. 1
Signature acknowledging receipt: ________________________ Date: __________ Addendum No. 2
Signature acknowledging receipt: ________________________ Date: __________ Addendum No. 3
Signature acknowledging receipt: ________________________ Date: __________

BIDDER MUST SIGN EACH ACKNOWLEDGMENT

OF EACH ADDENDUM ON THIS PAGE
Agenda Item #7.4:

Proposal (Continued)
Page II-10 JUNE 2026

BID BOND
(10%)
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ________________________________________________________________ as Principal, and _____________________________________________________ as Surety, are hereby held and firmly bound unto ______________________________________________________________ as owner in the penal sum of ______________________________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this ______day of ___________________, 2026.

The condition of the above obligation is such that whereas the Principal has submitted to the ______________ City of Sonoma ___________ a certain bid, attached hereto and hereby made a part hereof to enter in a contract in writing for the
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602

NOW, THEREFORE,
(a) If said Bid shall be rejected, or in an alternate,
(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.
(Continued on next page)
Agenda Item #7.4:

Proposal (Continued)
Page II-11 JUNE 2026
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth above. ______________________________
Principal
______________________________
Surety
SEAL By: ______________________________
(Attach Notary Acknowledgements)
Agenda Item #7.4:

PART III -

CONTRACT

REQUIREMENTS
Agenda Item #7.4:

TOC-i JUNE 2026
Table of Contents
PART III – CONTRACT REQUIREMENTS
Return of Bidder’s Securities ............................................................................................... III-1 Contract ................................................................................................................................ III-2 Performance Bond ............................................................................................................... III-6 Labor and Materials Bond ................................................................................................... III-8 Maintenance Bond (1-Year) .............................................................................................. III-10 Guaranty ............................................................................................................................. III-12 Contractor Insurance Requirements for City Projects ....................................................... III-15 Agenda Item #7.4:

Page III-1 JUNE 2026
RETURN OF BIDDER’S SECURITIES

1. Return of Bidder’s Securities
Within 10 days after award of the Contract to the lowest responsible Bidder, the Public Works Director/City Engineer will return the Bidder’s securities, except Bidder’s bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained Bidder’s securities will be held until the Contract has been finally executed, after which all Bidder’s securities, except Bidder’s bonds and any securities which have been forfeited, will be returned to the respective Bidders whose proposals they accompany.

Agenda Item #7.4:

Page III-2 JUNE 2026

CONTRACT
THIS AGREEMENT, made and entered into this ________ day of ______________ 20___, by and between the CITY OF SONOMA, California, a municipal corporation of the General Law Class, herein called the “City,” and ___________________________________ _________________________________________________, herein called the “Contractor.”

1. That for and in consideration of the payments of the price specified in Contractor’s Proposal (included in Part II of the Contract Documents) and agreements hereinafter mentioned, to be made and performed by the City, the Contractor hereby agrees with the City to commence and complete the work described in the Plans, Specifications and Contract Documents for the CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602 (“Project”) including all extra work in connection therewith, under and in accordance with the terms as stated therein, and at the Contractor’s own proper cost and expense to furnish all plant, labor, materials, tools, equipment, superintendence, bonds, insurance, guaranty’s and other accessories and services necessary therefor. Said Plans, Contract Documents, and Specifications, together with the contract bonds, are made a part hereof and together herewith collectively evidence and constitute the contract.

2. The Contractor hereby further agrees to commence work under this Contract and to diligently prosecute the same to completion within the time limits prescribed in Part IV Special Provisions; and further agrees to pay, as liquidated damages, the sum of $3,200.00 for each consecutive calendar day of delay in completing said work or any portion thereof in excess of said time limits and any authorized time extensions.

3. Upon execution of this Contract, Contractor shall also execute and deliver to the City a Guaranty in the form attached hereto as Exhibit D which is incorporated by this reference.

4. The City hereby agrees with the Contractor to retain, and does hereby retain, the Contractor for the performance of the Contract according to the terms and conditions herein contained and referred to, and further agrees to pay the Contractor for the performance of the Contract in accordance with the prices set forth in the Contractor’s proposal, a copy of which is incorporated herein, subject to additions and deductions as provided in the Contract Documents and Specifications and to make payments on a monthly basis as provided in the Special Provisions.

5. Indemnification – City of Sonoma: To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City of Sonoma and its elected and appointed officials, and employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor’s employees), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the work, regardless of the Contractor’s fault or negligence, including any of the same resulting from the City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its officers, agents, or servants who are directly responsible to City. This indemnification shall extend to claims asserted after termination of the Contract for whatever reason. This indemnification shall survive termination of this Contract for whatever reason.

Agenda Item #7.4:

Page III-3 JUNE 2026
This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under workers’ compensation acts, disability benefit acts, or other employment benefit acts. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under any insurance policy covering Contractor’s performance under this Contract. Contractor shall be liable to City for any loss or damage to City property arising from or in connection with Contractor’s performance hereunder. City may deduct any costs and expenses incurred pursuant to this Section from payments due or which may become due Contractor.

Contractor shall comply with all federal, state and local regulations and laws pertaining to hazardous materials or hazardous substances as those terms are defined by any such law or regulation. Contractor shall indemnify, hold harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disabilities, losses, costs of clean-up, administrative penalties, remediation and/or expenses, including attorney’s fees and other defense costs or liabilities of any nature that may be asserted by any person or entity including Contractor arising out of or in any way connected with Contractor’s failure to comply with said hazardous substance and/or hazardous materials laws and regulations.

6. Contractor further agrees to be bound by and comply with all of the provisions of the Labor Code of the State of California in the performance of all work under this Contract. a. Pursuant to Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in the bid Proposal Forms, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of the Contract for this Project unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Section 1771.1 nor of this Contract for an unregistered contractor to submit a bid for this Project that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform the work pursuant to Labor Code Section 1725.5 at the time the contract is awarded.
b. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Labor Code Section 1725.5.
c. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
d. Pursuant to Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the county in which this Project is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided under the Cal. Labor Code, shall be paid to all workers employed on this Project.
e. In accordance with Labor Code sec. 1860, the Contractor shall be required to secure the payment of compensation to its employees.
f. The Contractor hereby certifies that s/he/it is aware of and will comply with the provisions of Section 3700 of the Labor Code which requires every employer to be Agenda Item #7.4:

Page III-4 JUNE 2026
insured against liability for workmen’s compensation or to undertake self-insurance before commencing any of the work.

7. Contractor shall comply with all applicable federal, state and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition or disability.

8. Contractor agrees to comply with Public Contracts Code Section 7104, which requires notification to City of any hazardous waste or other unusual conditions.

9. Contract Bonds
a. Before execution of the Contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City Council in the amounts and for the purposes noted below. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs, and incidentals.
b. Each bond shall be signed by both the Contractor and surety and the signature of the authorized agent of both parties shall be notarized. Attorneys-in-fact who sign bonds must file with each bond a certified and effectively dated copy of their power of attorney.
c. The “Faithful Performance Bond” shall be for 100% of the contract price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. Said bond shall be in the form attached hereto as Exhibit A and incorporated herein by this reference.
d. The Contractor shall provide two good and sufficient surety bonds. The “Material and Labor Bond” shall be for 100% of the contract price, to satisfy claims of material suppliers and of mechanics and laborers employed on the work. The bond shall be maintained by the Contractor in full force and effect until the completed work is accepted by the City and until all claims for materials and labor are paid, and shall other-wise comply with the Government Code. Said bond shall be in the form attached hereto as Exhibit B and incorporated herein by this reference. e. The surety for such security shall be currently admitted to transact surety insurance by the California Department of Insurance and shall carry a Best’s rating of no less than A-V.
f. Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City.
g. Should any Surety at any time be unsatisfactory to the City Council, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract by the City until a new Surety shall qualify and be accepted by the City Engineer.
h. Changes in the work, or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from their obligations. Notice of such changes or extensions shall be waived by the Surety.

Agenda Item #7.4:

Page III-5 JUNE 2026
i. The "Maintenance Bond" shall be for 10% of the Final Contract price at the Project completion, in accordance with Part IV, Section 6.16 of these Specifications. Said bond shall be in the form attached hereto as Exhibit C and incorporated herein by this reference.

10. Insurance. The Contractor shall obtain insurance acceptable to City of Sonoma from a company or companies acceptable to the City. The nature and amounts of insurance which the Contractor must furnish are set forth in Exhibit E attached hereto and incorporated by this reference. The required documentation of such insurance (in the forms attached hereto as Exhibits F and incorporated by this reference) shall be furnished to the City at the time Contractor returns the executed contract and within 10 days after the Contractor has received the Notice of Award and prior to the City executing the Contract and issuing a Notice to Proceed. The Contractor shall not commence work nor shall s/he/it allow his/her/its employees or subcontractors or anyone to commence work until all insurance required hereunder has been submitted and approved by the City and a Notice to Proceed has been issued by the City.

11. Contract Documents Defined. “Contract Documents” shall mean and include the Contract (as defined in Part IV “Special Provisions”), Part 1 “Bidding & Proposal Requirements,” Part II “Proposal Forms,” Part III “Contract Requirements,” Part IV “Special Provisions,” all documents and provisions included in said Parts I – IV, Special Provisions, Part V “Technical Specifications,” Standard Specifications to the extent not addressed in the Special Provisions, Plans, Figures, and all exhibits thereto.

IN WITNESS WHEREOF, the City and the Contractor have executed this Contract in three counterparts, each of which shall be deemed an original, on the date first above written.

FOR THE CITY: FOR THE CONTRACTOR:

BY _______________________________ BY _____________________________ CITY MANAGER Name:

Title:

ATTEST _______________________________ BY _____________________________ CITY CLERK Name:

Title:

Agenda Item #7.4:

Page III-6 JUNE 2026
(On Surety Letterhead)

PERFORMANCE BOND
(100%)
WHEREAS, the City of Sonoma, (hereinafter designated as “City”), State of California, and__________________________, (hereinafter designated as “Principal”), have entered into an Agreement whereby Principal agrees to furnish all labor, materials, equipment, tools, transportation, services, appliances, and appurtenances for the work and identified as CIP T3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602, which said agreement and work are referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said Agreement to furnish a bond for the faithful performance of said Agreement.

NOW, THEREFORE, we, the Principal, and _________________ as surety, are held and firmly bound unto the City in the penal sum of __________________________ Dollars ($__________________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

EXHIBIT A
Agenda Item #7.4:

Page III-7 JUNE 2026
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above-named, on______________________, 2026. [NOTE: To be signed by Principal
and Surety and acknowledgement and
notarial seal for both attached.]
(SEAL)

__________________________________

PRINCIPAL

By:_______________________________
Name:

Title:

___________________________________
SURETY

By:________________________________
Name:

Title:

I certify under penalty of perjury that Surety is admitted by the Department of Insurance to transact business in the State of California and has a Best’s rating of A-V.

___________________________________
SURETY

By:________________________________
Name:

Title:

NOTE: Attach Notary and Power of Attorney and County Clerk's Certificate of Authority of Admitted Surety Pursuant to 995.648 of Code of Civil Procedures.

EXHIBIT A
Agenda Item #7.4:

Page III-8 JUNE 2026
(On Surety Letterhead)

LABOR AND MATERIALS BOND
(100%)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of Sonoma (“City”) a municipal corporation located in the County of Sonoma, State of California has awarded a contract to and has entered into an agreement with_________________ __________________________________________, hereinafter designated as “Principal” whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled, CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602 which said agreement is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required to furnish a bond in connection and with said contract, provided that if said Principal, or any of his/her/its contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, we the Principal and ________________________, as surety, are held and firmly bound unto the City of Sonoma in the penal sum of $_______________ lawful money of the United States, being not less than one hundred (100%) percent of the estimated contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her/its heirs, executors, administrators, successors or assigns, or its subcontractors, shall fail to pay any of the persons named in Section 3181 of the Civil Code, or to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond a reasonable attorney's fee in such suit, which fee shall be fixed by the Court.

AS FURTHER TERMS OF THIS BOND, IT IS UNDERSTOOD AS FOLLOWS:

1. This bond and all its provisions shall inure to the benefit of and all persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

EXHIBIT B
Agenda Item #7.4:

Page III-9 JUNE 2026

2. This bond is given to comply with the provisions of Chapter 7, Part 4, Division 3, of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Chapter, all acts amendatory thereof, and all other statues referred to therein.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bound parties have executed this instrument under their seals this ___________ day of_________________, 20____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. [NOTE: To be signed by Principal and Surety and acknowledgement and notarial seal attached.]
(SEAL)
___________________________________________________

PRINCIPAL
By:_______________________________
Name:

Title:
____________________________________________________
SURETY

By:________________________________
Name:

Title:

I certify under penalty of perjury that Surety is admitted by the Department of Insurance to transact business in the State of California and has a Best's rating of_____________. _____________________________________________________
SURETY
By:_________________________________
Name:

Title:

NOTE: Attach Notary and Power of Attorney and County Clerk's Certificate of Authority of Admitted Surety Pursuant to 995.648 of Code of Civil Procedures.

EXHIBIT B
Agenda Item #7.4:

Page III-10 JUNE 2026
MAINTENANCE BOND (1-YEAR)
(10%)
KNOW ALL PERSONS BY THESE PRESENTS, that the City of Sonoma hereinafter designated as "City"), a municipal corporation located in the County of Sonoma, State of California, and ____________________(hereinafter designated as "Principal") entered into a contract on the _____ day of ___________________, 20__, whereby Principal agreed to complete the improvements more particularly described in all documents forming the complete contract entitled CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602, which said contract is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said contract to furnish a bond conditioned to guarantee the maintenance of those improvements ("said improvements") for a period of ______ year(s) from the date of acceptance of said improvements by the City, against all defects in workmanship and materials which may become apparent during said period.

NOW, THEREFORE, we, the Principal and_________________________________, as Surety, are held and firmly bound unto the City in the penal sum of______________________, Dollars (_____________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. This penal sum shall not be less than ten percent of the contract amount, meaning the entire amount paid by the City to the Contractor (Principal), including but not limited to the contract bid amount awarded and any change orders.

THE CONDITION of this obligation is such that if the said Principal shall faithfully carry out and perform said guaranty in accordance with the terms of said specifications and shall, on due notice, promptly repair and make good at its own expense all defects of material or workmanship in the said work which may develop or become apparent during the ___ year period beginning from the effective date of City acceptance of said improvements by the City Council, or shall pay over, make good and reimburse to the City all loss and damage which the City may sustain by reason of failure or defect of said Principal so to do, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

AS PART OF THE OBLIGATION secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

EXHIBIT C
Agenda Item #7.4:

Page III-11 JUNE 2026
THE SURETY HEREBY STIPULATES AND AGREES that no change, extension of time, alteration or addition to the terms of the contract or the work to be performed thereunder of the specifications accompanying the same shall in any way effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this _____ day of __________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

NOTE: To be signed by Principal and
Surety and acknowledgment and notarial
seal attached.
[Attach Notary Acknowledgment]
_________________________
_________________________
_________________________
_________________________
Principal
By ______________________
[Attach Notary Acknowledgment]
_________________________
Surety
__________________________
__________________________
Address of Surety
___________________________

EXHIBIT C
Agenda Item #7.4:

Page III-12 JUNE 2026

GUARANTY
(This guaranty shall be executed by the successful Bidder prior to the time the contract is executed.) To the City of Sonoma for construction of
CIP T-3, 2026 CITYWIDE SLURRY SEAL PROJECT NO. 2602
The undersigned guarantees all construction performed on this project and also guarantees all material and equipment incorporated therein.

Contractor hereby grants to City for a period of one (1) year following the date of Final Completion of the Work, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work.

Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of work not done in accordance with this Agreement or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship.

Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom which shall appear within one (1) year, or longer if specified, from the date of Final Completion.

Should any of the materials or equipment prove defective or should the Work as a whole prove defective, due to faulty workmanship, material furnished or methods or installation, or should the Work or any part thereof fail to operate properly as originally intended and in accordance with the Contract Documents due to any of the above causes within one (1) year after date of Final Completion, the Contractor shall:
(1) reimburse the City, upon demand, for its expenses incurred in restoring said Work to the condition contemplated in the Contract Documents, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or
(2) upon demand by the City, replace any such material and to immediately repair said Work completely without cost to the City so that said Work will function successfully as originally contemplated.

Inspection of the work shall not relieve the Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, the Contractor shall, at its own expense, replace or repair any such equipment, material, or work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period.

EXHIBIT D
Agenda Item #7.4:

Page III-13 JUNE 2026
The City shall have the unqualified option to make any needed replacement or repairs itself or to have such replacements or repairs done by the Contractor. In the event the City elects to have said work performed by the Contractor, the Contractor shall make such repairs within a reasonable period of time after the receipt of demand from the City; provided, however that in no event shall such period exceed twenty-five (25) days.

Signature of Contractor Date
Name:

Title:

Agenda Item #7.4:

Page III-14 JUNE 2026

EXHIBIT D
Agenda Item #7.4:

Page III-15 JUNE 2026

EXHIBIT E

CONTRACTOR INSURANCE REQUIREMENTS FOR CITY PROJECTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

1.1 Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01).
b) Insurance Services Office form number CA 0001 covering Automobile Liability, Code 1 (any auto).
c) Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
d) 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 Subsection (b) of Section 2782 of the Civil Code.

1.2 Minimum Limits of Insurance
Contractor shall maintain limits no less than:
a) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. c) Employer’s Liability: $1,000,000 per accident for bodily injury or disease. d) Pollution liability: $180,000

1.3 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Agenda Item #7.4:

Page III-16 JUNE 2026

EXHIBIT E

1.4 Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
a) The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor: and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with your work or operations. General liability coverage shall be provided in the form of an endorsement to the Contractor’s insurance or as a separate Owner’s policy.
b) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after ten (10) days’ prior written notice given to the City.
d) 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 the Civil Code.

1.5 Waiver of Subrogation
The Contractor's workers’ compensation policy and general liability policy shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of these policies which arise from the work performed by or on behalf of the named insured for the City.

1.6 Acceptability of Insurers
Insurance is to be placed with insurers either admitted to conduct insurance business in California and with a current A. M. Best rating of no less than A: VII or other (non-California admitted) insurance business with a current A.M. Best rating of no less than A+:X.

1.7 Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Agenda Item #7.4:

Page III-17 JUNE 2026

EXHIBIT E

1.8 Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

1.9 Material Breach
If Contractor, for any reason, fails to maintain any of the insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of this Agreement. City, at its sole option, may terminate this Agreement and obtain damages from Contractor resulting from said breach. Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance. These remedies shall be in addition to any other remedies available to City.

Agenda Item #7.4:

Page III-18 JUNE 2026

EXHIBIT E
Agenda Item #7.4:

Page III-19 JUNE 2026

EXHIBIT F
Agenda Item #7.4:

Page III-20 JUNE 2026

EXHIBIT F
Agenda Item #7.4:

PART IV -

SPECIAL

PROVISIONS
Agenda Item #7.4:

TOC-i JUNE 2026
Table of Contents
PART IV – SPECIAL PROVISIONS
Section 1 Standard Specifications Adoption and Definitions .................................................. IV-1 Section 2 Precedence of Plans, Specifications and Contract Documents ............................... IV-3 Section 3 Scope of Work ......................................................................................................... IV-4

3.01 Work to be Done .......................................................................................................... IV-4

3.02 Changes in Work and Extra Work ................................................................................ IV-4

3.03 Cleaning Up .................................................................................................................. IV-4 Section 4 Control of Work ....................................................................................................... IV-5

4.01 Authority of the Engineer ............................................................................................. IV-5

4.02 Conformity with Contract Documents and Allowable Deviations ............................... IV-5

4.03 Coordination of Specifications ..................................................................................... IV-5

4.04 Interpretation of Specifications .................................................................................... IV-5

4.05 Order of Work .............................................................................................................. IV-5

4.06 Specifications on Job Site ............................................................................................. IV-5

4.07 Superintendent .............................................................................................................. IV-5

4.08 Inspection ..................................................................................................................... IV-6

4.09 Removal of Defective and Unauthorized Work ........................................................... IV-6

4.10 Final Inspection ............................................................................................................ IV-7 Section 5 Control of Materials ................................................................................................. IV-8

5.01 Source of Supply and Quality of Materials .................................................................. IV-8

5.02 Samples and Tests ........................................................................................................ IV-8

5.03 Defective Materials ...................................................................................................... IV-8

5.04 City-furnished Materials ............................................................................................... IV-8

5.05 Trade Names and Alternatives ..................................................................................... IV-8 Section 6 Legal Relations and Responsibilities ..................................................................... IV-10

6.01 Laws to be Observed .................................................................................................. IV-10

6.02 Labor Discrimination .................................................................................................. IV-10

6.03 Permits and Licenses .................................................................................................. IV-10

6.04 Contractor’s Licensing Laws ...................................................................................... IV-10

6.05 Patents ......................................................................................................................... IV-10

6.06 Safety Provisions ........................................................................................................ IV-10

6.07 Payroll Records and Employment of Apprentices ..................................................... IV-10

6.08 Public Convenience and Safety .................................................................................. IV-11

6.09 Preservation of Property ............................................................................................. IV-11

6.10 Responsibility for Damage ......................................................................................... IV-12

6.11 Contractor’s Responsibility for Work ........................................................................ IV-12

6.12 No Personal Liability .................................................................................................. IV-12

6.13 Responsibility of City ................................................................................................. IV-12

6.14 Public Liability and Property Damage Insurance ....................................................... IV-12

6.15 Workers’ Compensation Insurance ............................................................................ IV-12

6.16 General Warranty ....................................................................................................... IV-12

6.17 Cooperation ................................................................................................................ IV-13

6.18 Working Hours ........................................................................................................... IV-13

6.19 Prevailing Wages ........................................................................................................ IV-14 Section 7 Prosecution and Progress ....................................................................................... IV-15

7.01 Subcontracting ............................................................................................................ IV-15 Agenda Item #7.4:

TOC-ii JUNE 2026

7.02 Assignment ................................................................................................................. IV-15

7.03 Beginning of Work ..................................................................................................... IV-15

7.04 Construction Schedule ................................................................................................ IV-15

7.05 Character of Workmen ............................................................................................... IV-16

7.06 Temporary Suspension of Work ................................................................................. IV-16

7.07 Time of Completion and Liquidated Damages .......................................................... IV-17

7.08 Default by Contractor ................................................................................................. IV-18

7.09 Termination of Contract ............................................................................................. IV-18

7.10 Right of Way .............................................................................................................. IV-19 Section 8 Changes in Work.................................................................................................... IV-20

8.01 Changes Requested by the Contractor ........................................................................ IV-20

8.02 Changes Initiated by the City ..................................................................................... IV-20 Section 9 Extra Work ............................................................................................................. IV-21

9.01 General ....................................................................................................................... IV-21

9.02 Payment ...................................................................................................................... IV-21 Section 10 Differing Site Conditions ..................................................................................... IV-22

10.01 Disputed Work .......................................................................................................... IV-22 Section 11 Final Acceptance of the Work ............................................................................. IV-23 Section 12 Measurement and Payment .................................................................................. IV-24

12.01 Measurement ............................................................................................................ IV-24

12.02 Payment .................................................................................................................... IV-24

12.03 Payment Withholds .................................................................................................. IV-26 Section 13 Timing of payment ............................................................................................... IV-27

13.01 Timing of Payment ................................................................................................... IV-27 Section 14 Proposal Requirements and Conditions ............................................................... IV-28

14.01 State Standard Specifications and Plans ................................................................ IV-28

14.02 Plans ....................................................................................................................... IV-28 Agenda Item #7.4:

Page IV-1 JUNE 2026
SECTION 1 STANDARD SPECIFICATIONS ADOPTION AND DEFINITIONS Except as may otherwise be provided in these Special Provisions, the publication entitled “State of California, Department of Transportation, Standard Specifications, 2018,” as amended, is hereby adopted and incorporated herein by reference insofar as the same may apply, which publication is hereinafter referred to as the Standard Specifications.

Whenever used in the Standard Specifications or in these Special Provisions, the following terms shall have the primary meanings given herein:

City – The City of Sonoma, located in the County of Sonoma within the State of California.

City Engineer or Engineer – Public Works Director/City Engineer of the City of Sonoma, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

City Standard Plans and Specifications – City of Sonoma Standard Plans document, dated 2018.

Contract - The written agreement under which Contractor agrees to perform the work including, but not limited to, the Contract Documents, Specifications, Bonds, Supplemental Agreements between the Contractor and the City, and approved change orders.

Director - Director of Public Works of the City of Sonoma, California.

Highway - The term highway shall include streets.

Laboratory - Any laboratory designated by the City Engineer to test materials and work involved in the Contract.

Plans - All maps and other drawings, including standard plans or drawings, together with all printed or written explanatory matter thereof, as listed in the Special Provisions.

Public Enemy – the government of a foreign country at war with the United States of America.

His – The pronoun “his” shall include and be deemed to refer to “her” and “its.” The pronoun “him” shall include and be deemed to refer to “her.” The pronoun “he” shall include and be deemed to refer to “her” and “it.”
Reference Specifications – documented requirements to be satisfied by a material, design, product or service referred to particular documents and/or particular information within a reference document, as defined in specific technical specifications sections.

SCWA or Sonoma Water – Sonoma County Water Agency
Site – Project limits as identified in the plans and included all staging and/or storage areas required to complete the project construction.

Special Provisions - The Special Provisions included herein.

Specifications - Standard Specifications, Special Provisions, Technical Specifications, Reference Specifications and any specifications in change order or supplemental agreements between the Contractor and the City.

Standard Plans and Specifications – State of California, California State Transportation Agency, Department of Transportation, “Standard Specifications.” 2018 edition, including “Revised Standard Specifications” and “Revised Standard Plans” dated October 15, 2018.

State, Department or Department of Transportation - The City of Sonoma, California. Other terms defined in the Standard Specifications shall have the intent and meaning specified therein.

Technical Specifications – Part V of the Contract Documents.

Agenda Item #7.4:

Page IV-2 JUNE 2026
Traffic – The movement of motorized vehicles, non-motorized vehicles, bicycles and pedestrians through an area or along a route. Areas include public streets, parking lots, sidewalks, and pathways.

Working Day – Working days shall be as defined in Section 1-1.07 of the Standard Specifications and will be counted beginning with the day the Contractor begins work or with the tenth day after the day authorized in the Notice to Proceed, whichever shall occur first.

Working Hours – The limits of allowable working hours shall be as defined in Part IV Section

6.18 of these Special Provisions.

Agenda Item #7.4:

Page IV-3 JUNE 2026
SECTION 2 PRECEDENCE OF PLANS, SPECIFICATIONS

AND CONTRACT DOCUMENTS
If there are conflicting requirements or provisions in the Plans or Specifications, the requirement or provision first in precedence shall control. The precedence shall be determined as follows:

First: Permits from other agencies as may be required by law or the Special Provisions.

Second: Technical Specifications
Third: Special Provisions
Fourth: City Standard Plans and Specifications
Fifth: Standard Plans and Specifications
Sixth: Reference specifications as specified in the Special Provisions.

Seventh: Other reference specifications as specified in the Standard Specifications.

Agenda Item #7.4:

Page IV-4 JUNE 2026
SECTION 3 SCOPE OF WORK

3.01 Work to be Done
Except as may otherwise be provided in Part V Technical Specifications, the work to be done shall consist of furnishing all plant, labor, materials, tools, equipment and incidentals necessary to complete all the work provided for in the Specifications and Contract Documents, and to leave the grounds in a neat condition in accordance with Section 3.03, below.

3.02 Changes in Work and Extra Work
Changes in Work and Extra Work shall be in accordance with the provisions of Part IV, Sections 8 and 9 of these Special Provisions.

3.03 Cleaning Up
The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period.

Upon completion and before making application for final acceptance of work, the Contractor shall clean the street or road, borrow pits, storage sites and all ground occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat and presentable condition, acceptable to the City Engineer.

Agenda Item #7.4:

Page IV-5 JUNE 2026
SECTION 4 CONTROL OF WORK

4.01 Authority of the Engineer
The Engineer shall decide any and all questions which may arise as to the quality or acceptability of material furnished and work performed, and as to the manner of performance and rate of progress of the work all questions which arise as to the interpretation of the Specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to claims and compensation.

The Engineer’s decision shall be final, and s/he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly.

4.02 Conformity with Contract Documents and Allowable Deviations Work and materials shall conform to the lines, grades, cross sections, dimensions, and material requirements, including tolerances, indicated in the Specifications.

Deviations from the approved Specifications, as may be required by the urgencies of constructions, will be determined in all cases by the City Engineer and authorized in writing.

4.03 Coordination of Specifications
The Specifications including all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work.

4.04 Interpretation of Specifications
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in the Specifications, the Contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation as part of the Contract so far as may be consistent with the intent of the original Specifications. In the event of doubt or question relative to the true meaning of the Contract Documents, reference shall be made to the Engineer, whose decision thereon shall be final.

In the event of any discrepancy between any drawings and the specifications written thereon, the specifications shall be taken as correct.

4.05 Order of Work
When required by the Special Provisions, the Contractor shall follow the sequence of operations as set forth therein.

4.06 Specifications on Job Site
A complete, approved set of Specifications and change orders shall be kept on the job site and available at all times. Non-availability shall be deemed a cause for temporary suspension of work.

4.07 Superintendent
The Contractor shall designate in writing before starting work an authorized representative who shall have the authority to represent and act for the Contractor. The Contractor’s superintendent shall be approved by the City and at the sole discretion of the City prior to commencement of work.

During the course of work, the City has the right to demand a replacement superintendent due to incompetence or non-performance issues. Any replacement superintendent shall require the approval of the City. Failure to attain approval will subject the Contractor to withholding of payment provisions under Section 9-1.16E, “Withholds,” of the Standard Specifications.

Agenda Item #7.4:

Page IV-6 JUNE 2026
Said authorized representative shall be present at the site of the work at all times while work is actually in progress on the Contract. When work is not in progress and during periods when work is suspended, arrangements acceptable to the Engineer shall be made for any emergency work which may be required.

Whenever the Contractor or his authorized representative is not present on any particular part of the work where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the superintendent or foreman who may have charge of the particular work in reference to which the orders are given. Any order given by the Engineer, not otherwise required by the Specifications to be in writing, will, on request of the Contractor, be given or confirmed by the Engineer in writing.

4.08 Inspection
The Engineer shall designate in writing before start of work an authorized representative who shall have the authority to represent and act for the Engineer.

The Engineer shall at all times have access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Specifications. All work done and all materials furnished shall be subject to his inspection.

Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the City Engineer so that proper inspection may be provided.

The inspection of work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed. Work and materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected by the Engineer or that payment therefore has been included in a progress estimate.

Portions of the work done under a Sonoma County or State of California encroachment permit shall be subject to County or State inspection as the case may be.

4.09 Removal of Defective and Unauthorized Work
All work which is defective in its construction or deficient in any of the requirements of these Specifications shall be corrected, or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction.

If required by the Engineer, the Contractor shall promptly either correct all Defective Work, whether or not fabricated, installed, or completed, or if the work has been rejected by the Engineer, remove it from the Site and replace it with non-defective work. The Contractor shall bear all direct, indirect, and consequential costs and damages of such correction or removal, including but not limited to fees and charges of engineers, architect, attorneys, and other professionals made necessary thereby.

If, instead of requiring correction or removal and replacement of defective work, the City prefers to accept the defective work, the City may do so. The Contractor shall bear all direct, indirect, and consequential costs attributable to the City’s evaluation of and determination to accept such defective work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the work and the City shall be entitled to an appropriate decrease in the contract price.

If the Contractor fails within a reasonable time after written notice from the Engineer to correct defective work, or to remove and replace defective work as required by the Engineer or if the Contractor fails to perform the work in accordance with the Contract Documents, or if the Agenda Item #7.4:

Page IV-7 JUNE 2026
Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven days written notice to the Contractor, correct and remedy any such deficiency.

In exercising the rights and remedies under this Section, the City shall proceed with corrective and remedial action. In connection with such corrective and remedial action, the City may exclude the Contractor from all or part of the Site, take possession of all or part of the work, and suspend the Contractor’s services related thereto and incorporate in the work all materials and equipment for which the City has paid the Contractor whether stored at the Site or elsewhere. The Contractor shall provide the City and its Engineer, access to the Site to enable City to exercise the rights and remedies under this Section.

All direct, indirect, and consequential cost and damages incurred by the City in exercising the rights and remedies under this Section will be charged against the Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the work; and the City shall be entitled to an appropriate decrease in the contract price. If the parties are unable to agree as to the amount of the adjustment, the City may make a claim therefore provided in Part IV, Section 10 Such claim will include, but not be limited to, all costs of repair or replacement of work of others, destroyed or damaged by correction, removal, or replacement of Contractor’s defective work and all direct, indirect, and consequential damages associated herewith.

The Contractor shall not be allowed to an extension of Contract Times (or Milestone) because of any delay in the performance of the work attributable to the exercise by the City of City’s rights and remedies under this Section.

4.10 Final Inspection
Whenever the work provided and contemplated by the Contract shall have been satisfactorily completed and the final cleaning up performed, and the Engineer notified in writing, the Engineer or designee will make the final inspection.

Agenda Item #7.4:

Page IV-8 JUNE 2026
SECTION 5 CONTROL OF MATERIALS

5.01 Source of Supply and Quality of Materials
The Contractor shall furnish all materials required to complete the work, except materials that are designated in the Specifications to be furnished by the City. Only materials conforming to the requirements of the Specifications shall be incorporated in the work.

The materials furnished and used shall be new, except as may be provided elsewhere in these Specifications. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the Specifications. Manufacturers’ warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in the work, shall be delivered to the Engineer before commencement of the work.

5.02 Samples and Tests
At the option of the Engineer, the source of supply of each material shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Engineer.

All tests of material furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these Specifications.

The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of material.

5.03 Defective Materials
All materials not conforming to the requirements of these Specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer.

No rejected materials, the defects of which have been subsequently corrected, shall be used until approved in writing by the City Engineer.

Upon failure on part of the Contractor to comply with an order of the Engineer made under the provisions of this section, the City Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the Contractor.

5.04 City-furnished Materials
Materials furnished by the City will be available at locations designated in the Special Provisions, or if not designated therein, they will be delivered to the project. They shall be hauled to the site of the work by the Contractor at his expense, including any necessary loading and unloading that may be involved. City-furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor and at the Contractor’s sole cost. The Contractor will be liable to the City for the cost of replacing City-furnished materials and such costs may be deducted from any moneys due or to become due the Contractor.

5.05 Trade Names and Alternatives
For convenience in designation in the Specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of the manufacturer and his catalogue Agenda Item #7.4:

Page IV-9 JUNE 2026
information. Unless otherwise provided in the Specifications, the use of an alternative article or materials which are of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and he shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and his decisions shall be final.

Whenever the Specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of such substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Such request shall be made in ample time to permit approval without delaying the work.

Agenda Item #7.4:

Page IV-10 JUNE 2026
SECTION 6 LEGAL RELATIONS AND RESPONSIBILITIES

6.01 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Sonoma which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.

6.02 Labor Discrimination
Attention is directed to Section 1735 of the Labor Code which reads as follows:
“A contractor shall not discriminate in the employment of persons upon public works on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. Every contractor for public works who violates this section is subject to all the penalties imposed for a violation of this chapter.”

6.03 Permits and Licenses
Except as otherwise provided, the Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. The Contractor and subcontractor(s) shall obtain and maintain a valid City of Sonoma business license during the course of work.

6.04 Contractor’s Licensing Laws
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code concerning the licensing of contractors.

All bidders and contractors shall hold a Class A Contractor’s license and be licensed in accordance with the laws of the State of California, and any bidder or contractor not so licensed is subject to the penalties imposed by such laws.

6.05 Patents
The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, including paying all license fees and royalties and assuming all costs incident to the use of such materials, equipment, devices or processes.

6.06 Safety Provisions
The Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety.

6.07 Payroll Records and Employment of Apprentices
State of California Senate Bill 854 (Stat. 2014, Chapter 28) establishes that no contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. All Agenda Item #7.4:

Page IV-11 JUNE 2026
contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). The Labor Commissioner may at any time require the contractors and subcontractors to furnish electronic certified payroll records.

The Contractor and any subcontractor under him shall comply with Section 1776 of the Labor Code regarding payroll records. The responsibility for compliance with said section shall rest with the Contractor.

The Contractor shall furnish to the City certified copies of all payroll records enumerated in subdivision (a) of said Labor Code Section 1776. Such records shall be furnished for the Contractor and each subcontractor. The cost of furnishing certified payroll records shall be absorbed in the Contractor’s bid and there shall be no additional cost to the City.

The Contractor and any subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices. The responsibility for compliance with the provisions of said sections for all apprentice-able occupations shall rest with the Contractor.

6.08 Public Convenience and Safety
The Contractor shall so conduct his operation as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are approved by the Engineer to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings along the road or street shall be maintained and temporary crossing shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the City Engineer.

The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flagmen as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warning and directional signs as may be furnished by the City.

Signs, lights, flags, and other warnings and safety devices shall conform to the requirements set forth in the current “California Manual of Uniform Traffic Control Devices,” published by the California Department of Transportation.

No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic, and at the end of each day’s work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic.

Refer to Part V, Section 10 and 12 of the Technical Specifications for specific requirements.

6.09 Preservation of Property
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees, shrubs, and other plants that are not to be removed. Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, and any other above ground improvements or facilities and all underground facilities, whether brought to the Contractor’s attention or not during the contract, within or adjacent to the road or street shall be protected from injury or damage; and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, approved by the Engineer, to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications, if any such objects Agenda Item #7.4:

Page IV-12 JUNE 2026
are a part of the work being performed under the Contract. The Engineer may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the contract.

6.10 Responsibility for Damage
The City of Sonoma or its officers, agents or employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public, or for damage to adjoining property from any cause whatsoever during the progress of the work or any time before final acceptance.

The City Council may retain as much of the money due the Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.

6.11 Contractor’s Responsibility for Work
Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work.

The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expenses thereof, except such injuries or damages occasioned by acts of the Federal Government or the Public Enemy.

6.12 No Personal Liability
Neither the City Council, the City Engineer, nor any other officer, agent or employee of the City shall be personally responsible for any liability arising under the Contract.

6.13 Responsibility of City
The City of Sonoma shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these Specifications.

6.14 Public Liability and Property Damage Insurance
The Contractor shall comply with the insurance provisions set forth in Section 10 of Part III “Contract Requirements.”

6.15 Workers’ Compensation Insurance
The Contractor shall comply with the insurance provisions set forth in Section 10 of Part III “Contract Requirements.”

6.16 General Warranty
The Contractor guarantees the work and material furnished by him for a period of one year after acceptance of the work by the City and that any materials furnished by him or any work performed by him under this contract meets the requirements of the Specifications and Contract Documents.

The Contractor agrees to repair or replace any or all such work that may be proven defective in workmanship or material within the one-year period from the date of acceptance without expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted. In the event of the Contractor’s failure to act promptly in compliance with the above mentioned conditions or should the exigencies of the situation require repairs or replacements to be made before the Contractor can be notified or can respond to notification, the City may, at its option, make the Agenda Item #7.4:

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necessary repairs and/or replacement and the Contractor shall pay to the City the actual cost of such repairs.

The Faithful Performance Bond required by Section 9 of the Contract shall remain in full force and effect during the period covered by this Warranty, except that, instead of the Faithful Performance Bond remaining in effect during the warranty period, the Contractor may provide for this Warranty to be secured by a surety bond in the amount of 10 percent (10%) of the final contract price or FiveThousand Dollars ($5,000), whichever is greater. Said surety bond, if furnished, shall be on the City-furnished form (i.e., Exhibit C to the Contract), shall be executed by a surety company or companies satisfactory to the City, and shall remain in full force and effect during the period covered by this Warranty. Said bond, if furnished, shall be delivered to the City prior to the date of final acceptance of the work.

This General Warranty does not in any way limit the warranty on any items for which a longer warranty is specified nor on any items for which a manufacturer gives a warranty for a longer period, nor does it limit other remedies of the City in respect to latent defect, fraud or implied warranties. In the event the terms of this General Warranty conflict with those of the Guaranty attached to the Contract as Exhibit D, the more stringent provision and/or the provision that imposes broader or more onerous obligations on the Contractor shall prevail.

6.17 Cooperation
Should construction be underway by other agencies or by other contractors within or adjacent to the limits of the work specified, or should work of any other nature by underway by other forces within or adjacent to said limits, the Contractor shall schedule and coordinate his work with the other contractors and agencies so there is the least amount of conflict during all phases of construction. The Contractor is also responsible for making all necessary agreements with other contractors as required during construction.

6.18 Working Hours
The Contractor and all subcontractors under him shall comply with the requirements of the Sonoma Municipal Code regarding working hours and noise limitations and shall be subject to all penalties provided for violation thereof, with the exception of working hours. Working hours are shown on the table that follows:

Typical:

Days Hours
Monday – Friday 8:00 a.m. – 6:00 p.m.

Saturday (with permission) 9:00 a.m. – 6:00 p.m.

Sunday/Holidays (with permission) 10:00 a.m. – 6:00 p.m.

If there should be unforeseen and/or unavoidable condition(s), the Contractor may ask the Engineer for permission to work on Saturdays, Sundays and/or Holidays; however, there is no guarantee permission to work will be granted.

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6.19 Prevailing Wages
The Contractor and all subcontractors shall comply with all requirements of the California Labor Code together with any other orders or regulations issued by the Department of Industrial Relations regarding the payment of prevailing wages upon public works. Pursuant to Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the county in which this project is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided under the Cal. Labor Code, shall be paid to all workers employed on this project.

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SECTION 7 PROSECUTION AND PROGRESS

7.01 Subcontracting
Subcontracting shall be in accordance with the provisions of Section 5-1.13 of the Standard Specifications and as herein provided.

Designation of subcontractors shall be in accordance with Part 1 “Bidding & Proposal Requirements” in the Contract Documents.

The Contractor must have the written consent of the City Council to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.

Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than 1/2 of 1% of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council, setting forth the facts constituting the emergency or necessity.

Violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.

All persons engaged in the work, including subcontractors and their employees, will be considered as employees of the Contractor. The Contractor will be held responsible for their work. The City will deal directly with, and make all payments to, the prime contractor.

7.02 Assignment
No contract or portion thereof may be assigned without consent of the City Council, except that the Contractor may assign money due or which will accrue to him under the Contract. If given written notice, such assignment will be recognized by the City Council to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.

7.03 Beginning of Work
The Contractor shall begin work and shall diligently prosecute the same to completion within the time limits prescribed in Part V Technical Specifications. Time is of the essence to each and every provision of the Contract Documents.

7.04 Construction Schedule
After notification of award, and prior to the start of any work, the Contractor shall submit to the Engineer for approval his proposed construction schedule. Construction Schedule shall be in accordance with the applicable provisions Section 8-1.02 of the Caltrans 2018 Standard Specifications. Said schedule shall incorporate the requirements specified herein, including coordination with utilities. Work shall not begin until said schedule has been approved by the Engineer.

The construction schedule must be a Critical Path Method (CPM) schedule identifying the critical path, constrained to the original contract completion date. Submit a plotted original, time-scaled network diagram on a sheet at least 8-1/2 by 11 inches with a title block and timeline.

The schedule must include the following, at a minimum:

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Contract milestones and constraints;
Critical submittal development, review and acceptance;
Material procurement status and schedule; and
All work steps and construction activities.

The Contractor shall plan his operations in such a manner as to cause as little inconvenience as possible to public traffic and the various facilities located adjacent to the work; including any time or construction phasing constraints provided in these specifications.

For each schedule submittal, include a narrative report. The narrative report must be organized in the following sequences with all applicable documents included:

Identification of unusual conditions or restrictions regarding labor, equipment, or material; including multiple shifts, 6-day work weeks, specified overtime or work at times other than regular days or hours.

Description of the current critical path
Changes to the critical path and scheduled completion date since the last schedule submittal.

Description of problem areas
Current and anticipated delays, including:
 Cause of delay
 Impact of delay on other activities, milestones, and completion dates  Corrective action and schedule adjustments to correct the delay.

All City inspection and construction management costs for the Contractor’s work beyond a standard eight (8) hour working day or a standard forty (40) hour work week shall be borne by the Contractor.

All City costs associated with the Contractor’s work on weekends and legal holidays shall also be borne by the Contractor. Said costs will be deducted from moneys due or to become due the Contractor.

7.05 Character of Workmen
If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the request of the Engineer, and such person shall not again be employed on the work.

7.06 Temporary Suspension of Work
The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the Contract. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer.

In the event that a suspension of work is ordered as provided above, and should such suspension be ordered by reason of the failure of the Contractor to carry out orders or to perform any provision of the Contract; or by reason of weather conditions being unsuitable for performing any item or items Agenda Item #7.4:

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of work which, in the sole opinion of the Engineer, could have been performed prior to the occurrence of such unsuitable weather conditions had the Contractor diligently prosecuted the work when weather conditions were suitable; the Contractor, at his expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through the construction area for use by public traffic during the period of such suspension. Such passageway shall conform to the applicable provisions of Subsection 6.08 of these Special Provisions. In the event that the Contractor fails to perform the work above specified, the City may perform such work and the cost thereof will be deducted from moneys due or to become due the Contractor.

7.07 Time of Completion and Liquidated Damages
It is agreed by the Contractor that in case all the work called for under the Contract is not completed before or upon the expiration of the time limit (“Contract Time”) as set forth in Part V Technical Specifications, damage will be sustained by the City of Sonoma, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Sonoma the sum of three thousand two hundred dollars ($3,200.00) per day for each and every calendar days delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City of Sonoma may deduct the amount thereof from any moneys due or that may become due the Contractor under the Contract.

It is further agreed that in case the work called for under the Contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension, except that the cost of final surveys and the preparation of the final estimate shall not be included in such charges.

The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by acts of God or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall within ten (10) days from the beginning of any such delay notify the City Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.

When contract modifications or changes are initiated, delays are experienced, or the Contractor desires to revise the Project schedule, the Contractor shall submit to the City Engineer a written time impact analysis illustrating the influence of each modification, change, delay or Contractor request on the Contract Time and any request for extension of the Contract Time based on said time impact analysis. Said written impact analysis and request shall be submitted to the City Engineer within five (5) calendar days of the beginning of the delay or other event upon which Contractor seeks an extension of Contract Time. In all circumstances where the Contractor does not submit a written request for extension of time and a time impact analysis within said five (5) day period, it is mutually agreed that the particular modification, change, delay, or Contractor request does not require an extension of the Contract Time.

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7.08 Default by Contractor
The Contract may be canceled by the City without liability for damage, when in the City Council’s opinion the Contractor is not complying in good faith, (e.g., has disregard or violated the laws or regulations of any public entity having jurisdiction, failed to provide materials or workmanship meeting the requirement of the Contract Documents, disregarded or violated provisions of the Contract Documents or Engineer’s instructions, or failure to provide a qualified superintendent, competent workers, or equipment meeting the requirements of the Contract Documents) has declared bankruptcy, become insolvent, or assigned its assets for the benefit of its creditors, or has assigned or subcontracted any part of the work without the City Council’s consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on unit prices or lump sums bid and the quantity of work completed at the time of cancellation, less damages caused to the City by acts of the Contractor causing the cancellation. The Contractor, in having tendered a bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the City declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within 5 days, assume control and perform the work as successor to the Contractor.

If the Contractor fails to begin delivery of material and equipment, to commence work within the time specified, to maintain the rate of delivery of material, to execute the work in the manner and at such locations as specified, or fails to maintain a work program which will insure the City’s interest, or, if the Contractor is not carrying out the intent of the Contract, the Engineer’s written notice may be served upon the Contractor and the Surety on its faithful performance bond demanding satisfactory compliance with the Contract.

If the Contractor or its Surety does not comply with such notice within 5 days after receiving it, or after starting to comply, fails to continue, the City may exclude it from the premises and take possession of all material and equipment, and complete the work, by City forces or by letting the unfinished work to another Contractor, or by a combination of such methods. In any event, the cost of completing the work shall be charged against the Contractor and its Surety, and may be deducted from any money due or becoming due from the City. If the sums under the Contract are insufficient for completion, the Contractor or Surety shall pay to the City within 5 (five) days after the completion, all costs in excess of the Contract price.

If the Surety assumes any part of the work, it shall take the Contractor’s place in all respects for that part, and shall be paid by the City for all work performed by it in accordance with the Contract.

If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the work progresses, subject to the terms of the Contract.

The provisions of this section shall be in addition to all other rights and remedies available to the City under law.

7.09 Termination of Contract
The City Council may terminate the Contract at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Contract by Act of God, by law, or by official action of a public authority.

If the City Council elects to terminate the Contract, the Engineer will issue a written Notice of Termination to the Contractor. The Contractor shall stop all work under the Contract except that specifically directed to be completed prior to acceptance and work the Engineer deems necessary to secure the project for termination and to protect materials from damage. The Contractor shall also furnish the Engineer with all documentation required under the Contract including, on projects where State or Federal funds are involved, all documentation required under the State or Federal requirements included in the Contract.

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In the event of such termination, the total compensation to be paid to the Contractor shall be determined by the Engineer on the following basis:
(a) Completed Work
Payment for all completed work and facilities will be made on the basis of unit and lump sum prices included in the Contract. For lump sum items which are only partially completed, payment will be based on the percentage of the item completed. (b) Materials
Payment for materials purchased by the Contractor but not incorporated in the work, will be made on the basis of the actual cost to the Contractor for the purchase of the material and delivery to the City. When the Engineer directs the Contractor to return material to a vendor, the Contractor will be paid for his reasonable cost of handling such material. (c) Other Work
Payment for mobilization, demobilization, work done to secure the project for termination and any other work required by the Engineer, to the extent that such work is not included in any other payment made to the Contractor, will be made on the basis of extra work as provided in Section 9 hereof.

Termination of the Contract shall not relieve the Contractor or the Surety of its obligation for any just claims arising out of the work performed.

7.10 Right of Way
The necessary rights of way and easements for the work will be provided by the City, if applicable.

The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of right of way, unless otherwise provided in these Special Provisions.

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SECTION 8 CHANGES IN WORK

8.01 Changes Requested by the Contractor
Changes in specified methods of construction may be made at the Contractor’s request when approved in writing by the Engineer.

Changes in the Specifications, requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interest of the City, may be granted by the City to facilitate the work, when approved in writing by the Engineer.

If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes.

8.02 Changes Initiated by the City
The City may change the Specifications, character of the work, or quantity of work, provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25% of the Contract price, with the exception of alternate bid items. Should it become necessary to exceed this limitation, the change shall be by written supplemental agreement between the Contractor and the City, unless an alternate bid item is used.

Change order shall be in writing and state the dollar value of the change or establish method of payment, any adjustment in Contract time, and when negotiated prices are involved, shall provide for the Contractor’s signature indicating his acceptance.

If a change is ordered in an item of work covered by a Contract unit price, and such change does not involve a substantial change in the character of the work from that shown on the Plan or included in the Specifications, an adjustment in payment will be made based upon the increase or decrease in quantity and the Contract unit price. In the case of such an increase or decrease in a Major Bid Item, the use of this basis for the adjustment of payment will be limited to that portion of the change which, together with all previous changes to that item, is not in excess of 25% of the total cost of such item based on the original quantity and contract unit price. For purposes of this paragraph, Major Bid Item is defined as a single Contract item listed in the Proposal which constitutes 10 percent or more of the original Contract price.

If a change is ordered in an item of work covered by a Contract unit price, and such change does involve a substantial change in the character of the work from that shown on the Plan or included in the Specifications, an adjustment in payment will be determined by agreement between the Contractor and the City. If unable to reach agreement, the City may direct the Contractor to proceed on the basis of Extra Work (Part IV, Section 9).

Should any Contract item be deleted in its entirety, payment will be made only for actual costs incurred prior to notification of such deletion.

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SECTION 9 EXTRA WORK

9.01 General
New or unforeseen work authorized by the Engineer will be classed as “extra work” when the Engineer determines that it is not covered by Contract unit prices. Extra work shall be authorized by written change order as provided in Part IV, Subsection 8.02.

9.02 Payment
When the price for the extra work cannot be agreed upon between the Engineer and the Contractor prior to the work being done, the City will pay for the extra work on a force account basis in accordance with the applicable provisions of Section 9-1.04 of the Standard Specifications.

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SECTION 10 DIFFERING SITE CONDITIONS

10.01 Disputed Work
Attention is directed to Section 4-1.06, "Differing Site Conditions (23 CFR 635.109)," of the Caltrans 2018 Standard Specifications. This contract is subject to mandatory provisions for the resolution of construction claims under $375,000, pursuant to Article 1.5 of the Public Contract Code § 20104.

During the progress of the work, if subsurface or latent conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed.

Upon written notification, the engineer will investigate the conditions, and if it is determined that the conditions materially' differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify you of the determination whether or not an adjustment of the Contract is warranted.

The Contractor will be allowed five (5) days from the notification of the Engineer's determination of whether or not an adjustment of the Contract is warranted, in which to file a Notice of Potential Claim in conformance with the provisions of Section 5-1.42, "Requests for Information" and Section 5-1.43, "Potential Claims and Dispute Resolution," of the Standard Specifications and as specified herein; otherwise the decision of the Engineer will be deemed to have been accepted by you as correct. The Notice of Potential Claim will set forth in what respects your position differs from the Engineer's determination and provide any additional information obtained by you, including but not limited to additional geotechnical data. The Notice of Potential Claim must be accompanied by your certification that the following were made in preparation of the bid: a review of the Contract, and an examination of the conditions above ground at the site.

No Contract adjustments which result in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.

If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work
If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work.

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