Cities Index.
Agenda packet, regular meeting

Ukiah City Council
April 6, 2022

Document
Agenda packet, regular meeting
Meeting
April 6, 2022
Body
Ukiah City Council
Pages
281
Original file
33.8 MB
Text extracted from the city's file for reading and search. Open the original on ukiahca.api.civicclerk.com. That file is the official record.
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City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
 Call (toll free) 1-888-788-0099
 Enter the Access Code: 971 9942 6600
 To Raise Hand enter *9
 To Speak after being recognized: enter *6 to unmute yourself Or One tap mobile (for easy connection on smart phones):

US: +16699009128,,97199426600# or +12532158782,,97199426600# Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

April 6, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

3.a. Proclamation Recognizing April 10th - 16th as National Public Safety Telecommunications Week in the City of Ukiah.

Recommended Action: Issue Proclamtion
Attachments:

1. Proclamation - Public Safety

3.b. Proclamation Recognizing April as Arts, Creativity, and Culture Month.

Recommended Action: Issue proclamation.

Attachments:

1. Proclamation

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES

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5.a. Approval of the Minutes for the March 16, 2022, Special Meeting.

Recommended Action: Approve minutes for the March 16, 2022, special meeting.

Attachments:

1. 2022-03-16 Draft Minutes - Special Meeting

5.b. Approval of the Minutes for the March 16, 2022, Regular Meeting.

Recommended Action:

Attachments:

1. 5b 2022-03-16 Draft Minutes

5.c. Approval of the Minutes for the March 30, 2022, Special Meeting.

Recommended Action: Approve minutes for the March 30, 2022, special meeting.

Attachments:

1. 5c 2022-03-30 Draft Minutes - Special Meeting

6. RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged.

7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council.

Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations.

7.a. Possible Adoption of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

Recommended Action: Adopt the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

Attachments:

1. Ordinance

7.b. Possible Adoption of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance.

Recommended Action: Adopt an ordinance adopting the California Model Water Efficient Landscape Ordinance.

Attachments:

1. Ordinance

7.c. Possible Adoption of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems.

Recommended Action: Adopt an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.

Attachments:

1. EV Submittal Checklist

2. Electric Vehicle Charging System Permit Ordinance

7.d. Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $15,463.10, for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

Recommended Action: Receive report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $15,463.10 for quarterly water sampling and

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completion of chemical examination reports for the Ukiah landfill. The report is submitted pursuant to City Code.

Attachments:

1. Alpha Invoices

7.e. Approval of Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specifications No. 22-01.

Recommended Action: Approve Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specification No. 22-01.

Attachments:

1. Plan - 22-01 2022 Slurry Seal of Local Streets

2. Spec No 22-01 Slurry Seal of Local Streets

7.f. Report of Final Cost for the Emergency Diagnosis and Repair of a Leak at Pressure Zone 1 South, and Approve Corresponding Budget Amendment in the Amount of $32,340.47 Using Water Reserve Funds.

Recommended Action: Receive a report of the emergency purchase for the diagnosis and repair of a leak at the Pressure Zone 1 South Tank, and approve corresponding budget amendment in the amount of $32,340.47 using Water Reserve Funds.

Attachments:

1. PZ1MarchDEWRSInvoice

2. Additional Invoices

7.g. Notification of Purchase of AVEVA Flex License Software from E&M Electric & Machinery Laboratories, Inc. in the Amount of $21,400 for Use at the Ukiah Water Treatment Plant.

Recommended Action: Receive notification of purchase of AVEVA Flex License Software in the amount of $21,400.00
Attachments:

1. AVEVA Quote

2. 00047819

7.h. Adoption of Resolution Approving a Successor Memorandum of Understanding Between the City of Ukiah and the Ukiah Professional Fire Association Local 3686, and Authorizing the City Manager to Execute.

Recommended Action: Adopt a Resolution approving a successor Memorandum of Understanding between the City of Ukiah and the Ukiah Professional Fire Association, Local 3686, approve the corresponding budget amendment, and authorizing the City Manager to execute on behalf of the City.

Attachments:

1. UPFA Memorandum of Understanding 2022-2025

2. Resolution

7.i. Consideration of Approval of Change Order in the Amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project.

Recommended Action: Approve Change Order in the amount of $20,800 to All Star Painting for the Alex Thomas Plaza Painting Project.

Attachments:

1. Color and Finish Schedule Update

2. Paint Palette and Study

3. ALL STAR PAINTING INC Proposal for Alex thomas plaza change orders 3.28.2022

7.j. Adoption of a Resolution Authorizing the Submittal of Application(s) for all CalRecycle Grants for which the City is Eligible.

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Recommended Action: Adopt a resolution authorizing the submittal of application(s) for all CalRecycle for which the City is eligible.

Attachments:

1. 7i CC Reso 2022-12 - Adopting NOI RE SB 1383-Organic Waste Reductions

2. Proposed Resolution - CalRecycle Grant App Authorization

7.k. Notification of Purchase of new Pump and Motor as Part of Purchase Order #47600 Issued to Bartley Pump PM, LLC for the Teardown, Inspection, and Rehabilitation of Well #8, and Approval of Corresponding Budget Amendment in the Amount of $135,618.07 Using the Water Reserve Funds.

Recommended Action: Receive notification of the additional expense of the purchase of a new pump and motor as part of Purchase Order #47600 issued to Bartley Pump PM, LLC for the teardown, inspection, and rehabilitation of Well #8, and approve corresponding budget amendment in the amount of $135,618.07 using the Water Reserve Funds.

Attachments:

1. Purchase Order 00047600

7.l. Award the Purchase of a Vactor 2100i Truck Mounted Vacuum System in the amount of $542,462.07 from Owen Equipment, and Approve Corresponding Budget Amendment.

Recommended Action: Award purchase of a Vactor 2100i Truck Mounted Vacuum System from Owen Equipment in the amount of $542,462.07, and approve corresponding budget amendment.

Attachments:

1. Vehicle Justification Form

2. City of Ukiah- Vactor 2100i

7.m. Contract with HdL Companies for Tax and Fee Administration Services for Transient Occupancy, and Approve Corresponding Budget Amendment.

Recommended Action: Authorize the City Manager to negotiate and execute a three-year contract with HdL Companies for audit and financial assistance services of the City's Transient Occupancy Tax (TOT) revenue - including short term rental compliance, and authorize the corresponding budget amendment.

Attachments:

1. 20220330 Revised Ukiah HdL TOT Proposal

2. Cost Analysis

7.n. Approve Contract Amendment 2 with Excergy/E Source in the Amount of $55,000 for Utility Billing Customer Information System Project Management Services, and Approve a Corresponding Budget Amendment.

Recommended Action: Approve contract amendment 2 with Excergy/E Source in the amount of $55,000 for Utility Billing Customer Information System Project Management Services, and approve a corresponding budget amendment.

Attachments:

1. Original Contract #2021-089 -Excergy - Utility Billing CIS PM

2. Amendment 1

3. Amendment 2 - Contract #2021-089

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda.

9. COUNCIL REPORTS

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10. CITY MANAGER/CITY CLERK REPORTS

11. PUBLIC HEARINGS (6:15 PM)

11.a. Conduct a Public Hearing and Receive the Measure P Oversight Board Report and Findings for 2019 and 2020 and Disband the Committee Per Resolution 2014-28.

Recommended Action: Resolution 2014-28 directs the City Council to conduct a Public Hearing, receive the Measure P Annual Financial Report, and if no further action is desired, disband the committee.

Citizen advisement: Notice to be published in Ukiah Daily Journal no less than 10 days prior to the Public Hearing, placed in the Civic Center Public Binder and available for public review on the City's website at http://www.cityofukiah.com/projects/notices-and-bulletins/ under the Public Notices tab. Measure P Oversight Committee members.

Attachments:

1. 2014-28 CC Reso - Establishing Expenditure Plan for Public Safety and Oversight Board

2. Measure P Financial Report, FYs 2019 and 2020

12. UNFINISHED BUSINESS

12.a. Consideration of Adoption of Resolution to Remove On-Street Parking on State Street, from the Intersection of Mill Street to Beacon Lane.

Recommended Action: Adopt a resolution removing on-street parking on State Street from the intersection of Mill Street to Southern City Limits (Beacon Lane).

Attachments:

1. Proposed No Parking Notice

2. Public Comment

3. Resolution

13. NEW BUSINESS

13.a. Receive Updates on City Council Committee and Ad Hoc Assignments, and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad Hoc(s).

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s).

Attachments:

1. 2022 City Council Special Assignments

14. CLOSED SESSION - CLOSED SESSION MAY BE HELD AT ANY TIME DURING THE MEETING

14.a. Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
Recommended Action:

Attachments: None

14.b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))

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Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause) Recommended Action:

Attachments: None

14.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200 Recommended Action:

Attachments: None

14.d. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-20-74612 Recommended Action:

Attachments: None

14.e. Conference with Legal Counsel – Existing Litigation (Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
Recommended Action:

Attachments: None

14.f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157-070-01, 157-070-02, 003-190-01 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
Recommended Action:

Attachments: None

14.g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: 1850 Talmage Road, Ukiah, CA 95482
Negotiator: Sage Sangiacomo, City Manager, or his Designee Negotiating Parties: City of Ukiah and Rogina Water Company Under Negotiation: Price & Terms of Payment
Recommended Action:

Attachments: None

14.h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
Recommended Action:

Attachments: None

15. ADJOURNMENT

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Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm.

I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.

Kristine Lawler, CMC/City Clerk
Dated: 4/1/22

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Agenda Item No: 3.a.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1509

AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing April 10th - 16th as National Public Safety Telecommunications Week in the City of Ukiah.

DEPARTMENT: Police PREPARED BY: Noble Waidelich, Chief
PRESENTER: Mayor Brown and Noble Waidelich, Chief of
Police
ATTACHMENTS:

1. Proclamation - Public Safety
Summary: The City Council will consider issuing a proclamation recognizing April 10th through the 16th as National Public Safety Telecommunicators Week in the City of Ukiah.

Background: The idea of a week to celebrate Public Safety Dispatchers originated in 1981 with the Contra Costa County Sheriff’s Office. National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public.

Discussion: Across the nation, in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1. The emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency.

Public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time. These public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel.

Ukiah Police Departments Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, 7 days a week for the City of Ukiah and the City of Fort Bragg Police Department.

In 2021, Ukiah Police Dispatchers received over 78,000 telephone calls from members of the community seeking assistance. 16,188 of those phone calls were 9-1-1 calls for assistance. In the year 2020, emergency dispatchers were also officially recognized as “First Responders” by the State of California, just like their partner police officers, firefighters and EMS workers.

The City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of Public Safety Telecommunicators Week. The color gold has long been associated with public safety dispatchers, who are known as “the calm voice in the dark, the heroes behind the scenes, the Golden Link that holds it all together”.

The proclamation recognizing April 10th through the 16th as National Public Safety Telecommunicators Week in Ukiah, is Attachment 1.

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Recommended Action: Issue Proclamtion
BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tracey Porter, Communications and Records Manager

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ROCLAMATION CITY OF UKIAH

NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
APRIL 10-16, 2022
WHEREAS, the National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public; and
WHEREAS, across the nation in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1; and WHEREAS, the emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency; and
WHEREAS, public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time; and WHEREAS, these public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel; and WHEREAS, Ukiah Police Department’s Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, 7 days a week; and WHEREAS, in 2021, Ukiah Police Dispatchers received over 78,000 telephone calls from members of the community seeking assistance; and
WHEREAS, 9-1-1 dispatchers are officially recognized by the State of California as “First Responders” just like their partner police officers, firefighters, and EMS workers; and WHEREAS, the City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of National Public Safety Telecommunicators Week; and WHEREAS, the color gold has been long associated with public safety dispatchers, who are known as “the calm voice in the dark, the hero’s behind the scenes, the Golden Link that holds it all together”.

THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby proclaims the week of April 10 through 16, 2022, as; National Public Safety Telecommunicators Week in the City of Ukiah.

Signed and sealed, this 6th day of March
in the year Two Thousand and Twenty-Two.
____________________________
Jim O. Brown
City Council, Mayor
ATTACHMENT 1

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Agenda Item No: 3.b.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1517

AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing April as Arts, Creativity, and Culture Month.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Mayor Brown
ATTACHMENTS:

1. Proclamation
Summary: In 2019, Arts, Culture and Creativity Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California. Activities occur throughout the state including city and county proclamations, op-eds, special events, performances, round tables and more. The goal of this month-long campaign is to elevate public awareness of the value of the arts and the collective impact the arts bring to our communities and state.

Background: Public art is one of the most commonly addressed areas in the Arts, Culture, and Creativity arena (The Arts). This is due to the combination of the need to engage the public in decision making, and the well documented health, economic, and quality of life benefits to public art. However, the benefits of creativity in all its forms goes beyond the scope of what is often thought of as “public art.” Art and creativity in the community can be found in private, retail, or public locations. It can involve non-profit or for-profit enterprises. It crosses all manner of expression, from murals, to literature, music, the spoken word, historical presentations, and much more. Communities with a strong, forward-facing commitment to The Arts attract tourists, new businesses, young families, and artists. Nationally, the nonprofit and for-profit Arts is a $730 billion industry that directly employs 4.8 million arts workers.

More than two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event in the past year and 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event.

The City of Ukiah directly or indirectly hosts a wide variety of artistic endeavors. From the Concerts in the Park, to the Space School for Performing Arts, the Ukiah Haiku Festival, the Grace Hudson Museum, Pastels in the Plaza, and to the buskers playing music on the street during First Friday Art Walks. Additionally,in 2021, the City joined the National Mayor's Monarch Pledge Program, leading to the commissioning of a Monarch Mural to be painted at Alex Thomas Plaza.

Outstanding examples of public art can be seen in nearby communities, like the sculpture garden in Geyserville, Fort Bragg's renowned Alleyway Art Program, and the sculptures that line Cloverdale’s downtown.

Discussion: In an effort to facilitate the development of more public art locally, the City of Ukiah adopted an art in public places policy in 2016. Staff is currently working with the Arts Council of Mendocino County and concerned citizens to develop a public art strategic plan and strengthen the City’s procedure that accompanies the policy to make it easy for artists to contribute to the Arts, Culture, and Creativity of the City. Members of this ad hoc advisory group have expressed interest in adding public art to Alex Thomas Plaza as part of a proposed goal of adding fifty pieces of Public Art to Ukiah in the next five years.

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With the attached proclamation (Attachment 1), the City of Ukiah reaffirms its commitment to and appreciation for the Arts.

Recommended Action: Issue proclamation.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

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ROCLAMATION CITY OF UKIAH
RECOGNIZING APRIL AS ARTS, CREATIVITY, AND CULTURE MONTH.

WHEREAS, the availability of Arts, Creative Endeavors, and Culture embody much of the accumulated wisdom, intellect, and imagination of humankind; and; WHEREAS, the availability of Arts, Creative Endeavors, and Culture enhance and enrich the lives of every American and play a unique role in the lives of our families, our communities, and our country; and
WHEREAS, the unique manner in which the residents of the City of Ukiah express themselves through the arts is of interest and attracts visitors to our community; and WHEREAS, two-thirds of American adult travelers say they included a cultural, arts, heritage, or historic activity or event, in the past year.

WHEREAS, 32% of these travelers added extra time to their trip because of a cultural, arts, heritage, or historic activity or event; and
WHEREAS, industries that are planning relocation or expansion place great emphasis on a healthy cultural climate; and
WHEREAS, nationally the nonprofit and for-profit arts is a $730 billion industry that directly employs 4.8 million arts workers; and
WHEREAS, studies show that innovation and creativity are key components to a prosperous future California economy, and
WHEREAS, whereas the public expression or Arts, Creative Endeavors, and Culture can assist with the processing of strong emotions including the grief and loss experienced during this pandemic; and
WHEREAS, Arts, Creative Endeavors, and Culture contribute towards cross-cultural understanding, and enhance our quality of life; and
WHEREAS, in 2019, Arts, Creativity, and Culture Month was declared by the California Senate in a concurrent resolution to be every April in California to recognize and celebrate the significant impact the arts have in California.

THEREFORE BE IT RESOLVED, that the Month of April be recognized as Arts, Creativity, and Culture Month in the City of Ukiah.

Signed and sealed, this 6th day of April
in the year Twenty Thousand Twenty-Two.
____________________________
Jim O. Brown
City Council, Mayor
ATTACHMENT 1

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AGENDA ITEM 5a

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CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 16, 2022
4:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on March 16, 2022, having been legally noticed on March 11, 2022. The meeting was held virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 4:01 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Councilmembers Absent by Prearrangement:

Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

The Pledge of Allegiance was led by Mayor Brown.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No Public Comment was received.

3. UNFINISHED BUSINESS

4. NEW BUSINESS
a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2021-22 and Review of Draft Objectives for Fiscal Year 2022-23.

Presenter: Dan Buffalo, Finance Director.

DEPARTMENT REPORTS:

City Manager’s Office:

Overview – Sage Sangiacomo, City Manager (4:11 p.m.)
City-wide Admin – Sage Sangiacomo, City Manager (4:19 p.m.) Community Outreach – Shannon Riley, Deputy City Manager (4:22 p.m.) City Clerk – Kristine Lawler, City Clerk (4:23 p.m.)
Economic Development – Shannon Riley, Deputy City Manager (4:25 p.m.) Emergency Management –Tami Bartolomei, Emergency Management Coordinator (4:29 p.m.)
Successor Agency – Sage Sangiacomo, City Manager and Dan Buffalo, Finance Director (4:35 p.m.)
City Attorney’s Office – Sage Sangiacomo, City Manager (4:38 p.m.) Community Development:

Overview – Craig Schlatter, Community Development Director (4:39 p.m.) Housing Services – Craig Schlatter, Community Development Director (4:41 p.m.) Building Services – Matt Keizer, Building Official (4:45 p.m.) Planning Services – Mireya Turner, Planning Manager (4:55 p.m.) Grants Management – Jim Robbins (4:59 p.m.)

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City Council Minutes for March 16, 2022, Special Meeting Continued:

Electric Utility:

Electric Administration – Cindy Sauers, Electric Utility Director (5:03 p.m.) Electric Distribution – Cindy Sauers, Electric Utility Director (5:07 p.m.) Electric Technical Services – Cindy Sauers, Electric Utility Director (5:18 p.m.) Airport – Greg Owen, Airport Manager (5:27 p.m.)

5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:33 p.m. ________________________________
Kristine Lawler, CMC/City Clerk

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AGENDA ITEM 5b

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CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 16, 2022
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 16, 2022, having been legally noticed on March 11, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600.

Mayor Brown called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Mari Rodin, Josefina Dueňas, and Jim O. Brown.

Councilmembers Absent by Prearrangement: Douglas, F. Crane. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was conducted during the Special Meeting held at 4:00 p.m.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4. PETITIONS AND COMMUNICATIONS

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the March 2, 2022, Regular Meeting.

Motion/Second: Orozco/Rodin to approve Minutes of March 2, 2022, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown.

NOES: None. ABSENT: Crane. ABSTAIN: None.

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
a. Report of Disbursements for the Month of February 2022 – Finance. b. Adoption of Resolution (2022-15) of the City Council Reconsidering the Circumstances of the State of Emergency and Implementing Teleconferencing Requirements for City Council and Board and Commission Meetings During a Proclaimed State of Emergency Due to the COVID19 Pandemic – City Attorney’s Office. c. Authorize the City Manager to Negotiate and Enter into a Contract (COU No. 2122-208) with Ren Alexander Design for Consulting Services to Assist the Electric Utility Department with the Architectural Services and Plans for the Interior of the Electric Service Center for an Amount not to Exceed $75,000 – Electric Utility.

d. Approve the Purchase (PO No. 47783 – Bendix King; PO No. 47784 – Motorola Pagers) of Radio and Pagers in the Amount of $225,276.40 through Leavitt Communications, Approve the Purchase (PO No. 47785 – David Clark Headsets) of Headsets in the Amount of $10,760.53 through The Radio Guys, and Approve Corresponding Budget Amendments – Fire.

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e. Consideration of Adoption of Resolution (2022-16) to Remove Approximately 816 Lineal Feet of On-Street Parking on Hamilton Street, from the Intersection of Hospital Drive to the Intersection of Clara Avenue – Public Works.
f. Award Purchase Order (PO No. 47794) to Replace Three (3) HVAC Units at the Waste Water Treatment Plant to Intercounty Mechanical & Electrical, Inc. of Ukiah for the Amount of $41,926.38 – Water Resources.
g. Possible Adoption of the Organic Waste Disposal Reduction Ordinance – Public Works.

ORDINANCE NO. 1221
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING CHAPTER 4.1 TO DIVISION 5 OF THE UKIAH CITY CODE TO REGULATE AND ENFORCE REDUCTION OF

ORGANIC WASTE DISPOSAL
h. Award the Purchase (PO No. 47781) of One (1) New Altec Model AT37G Articulating Telescopic Aerial Device with an Insulated Boom to Altec Industries, Inc., for the Electric Utility Department in the Amount of $220,703.95, and Approve Corresponding Budget Amendment – Electric Utility.

i. Approve the Purchase (PO No. 47814) of SCADA Equipment and Services to JM Integration in the Amount of $240,579.24, and SCADA Software Subscription to E&M Electric in the Amount of $98,447.72 – Water Resources.
j. Report of the Emergency Purchase (PO No. 47705) for the Diagnosis and Repair of a Leak at a Pressure Zone 1 South Tank, and Approve Corresponding Budget Amendment in the Amount of $329,932, Using Water Reserve Funds – Water Resources. k. Approve a Three-Year Contract (COU No. 2122-209) with Tyler Technologies for Vendor Cloud Hosting Services of the Enterprise Resource Planning (ERP) Financial Software Servers in the Amount of $494,670, and Approve a Corresponding Budget Amendment – Information Technology.
l. Approve the Purchase (PO No. 47796) of Three Cluster Servers, One Virtual Machine Management Server, One Compellent Storage Array and Two Dell Network Switches to [RE] DESIGN in the Amount of $125,129; Additionally, Approve the Replacement (PO No. 47797) of the APC-Schneider Electric System Power Components to Schneider Electric IT Corporation in the Amount of $39,363, for a Total Project Cost of $164,492, and Approve Corresponding Budget Amendment – Information Technology.
m. Consideration and Possible Approval of Purchase (PO No. 47777) of One (1) Remote Controlled 44” Rotary Mower from Owen Equipment in the Amount of $43,661.33 with Tax, and Approval of Corresponding Budget Amendments – Public Works.

Motion/Second: Orozco/Rodin to approve Consent Calendar Items 7a-7m, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None.

ABSENT: Crane. ABSTAIN: None.

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

9. COUNCIL REPORTS
Presenters: Councilmembers Orozco and Rodin.

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10. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 PZ1 Emergency Water Tank Repair Update – Sean White, Water Resources Director.  Update on Mask Policy and Hybrid Meetings – Sage Sangiacomo, City Manager Council Consensus to support a hybrid model meeting (meaning meetings are held both virtually and in-person).

11. PUBLIC HEARINGS (6:15 PM)
a. Consideration of the Following Actions Related to the Upper City View Trail Project: 1) Approval of a Resolution to Adopt an Initial Study and Mitigated Negative Declaration; and 2) Approval of Construction of the Trail, and Authorization for the City Manager or His Designee to Negotiate a Start Date and Construction Schedule with the Ukiah Valley Trail Group.

Presenters: Michelle Irace, Planning Manager; Neil Davis, Community Services Director; and Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 6:41 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:43 P.M.

Motion/Second: Rodin/Orozco to approve the Resolution (2022-17) to adopt the Initial Study and Mitigated Negative Declaration for the Upper City View Trail Project, approve construction of the trail, and authorize the City Manager or designee to negotiate a start date and construction schedule with the Ukiah Valley Trail Group. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. b. Conduct Protest Hearing about Residential Garbage Curbside Collection Rates.

Presenter: Dan Buffalo, Finance Director.

Ukiah Waste Solutions Comment: Bruce McCracken.

PUBLIC HEARING OPENED AT 7:07 P.M.

Public Comment: Steve Scalmanini and Susan Sher.

PUBLIC HEARING CLOSED AT 7:20 P.M.

Motion/Second: Rodin/Orozco to conclude the protest hearing, to acknowledge that the threshold was not met to protest the proposed garbage rates, and to accept the new rates as proposed, which would go into effect on April 1, 2022. Motion carried by the following roll call votes: AYES: Orozco, Rodin, and Brown. NOES: Dueňas. ABSENT: Crane. ABSTAIN: None.

12. UNFINISHED BUSINESS
a. Receive Status Report and Consider Any Action or Direction Related to the Novel Coronavirus (COVID-19) Emergency Including Operational Preparedness and Response; Continuity of City Operations and Services; Community and Business Impacts; and Any Other Related Matters.

Presenter: Tami Bartolomei, Office of Emergency Services Coordinator.

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Report was received.
b. Possible Introduction, by Title Only, of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

Presenters: Jesse Davis, Planning Manager and Darcy Vaughn, Assistant City Attorney.

Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane.

ABSTAIN: None.

City Clerk, Kristine Lawler, read the following title into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART

CONTAINMENT, RETRIEVAL, IMPOUNDMENT, AND DISPOSAL
Motion/Second: Rodin/Orozco to introduce the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown.

NOES: None. ABSENT: Crane. ABSTAIN: None.

13. NEW BUSINESS
a. Authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement, to be Performed by Mead and Hunt for the Amount of $36,500.

Presenter: Greg Owen, Airport Manager.

Motion/Second: Rodin/Orozco to authorize the City Manager to Execute the Ukiah Airport Runway Extension Study Agreement (COU No. 2122-210), to be performed by Mead and Hunt for the amount of $36,500. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None.
b. Possible Introduction, by Title Only, of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance.

Presenters: Matt Keizer, Building Official and Darcy Vaughn, Assistant City Attorney.

Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane.

ABSTAIN: None.

City Clerk, Kristine Lawler, read the following title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT

LANDSCAPE ORDINANCE
Motion/Second: Rodin/Orozco to introduce the Ordinance adopting the California Model Water Efficient Landscape. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None.

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City Council Minutes for March 16, 2022, Continued:

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c. Possible Introduction, by Title Only, of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems.

Presenters: Matt Keizer, Building Official and Darcy Vaughn, Assistant City Attorney.

Motion/Second: Rodin/Orozco to introduce the Ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane.

ABSTAIN: None.

City Clerk, Kristine Lawler, read the following title into the record:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH PROCEDURES

FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE CHARGING SYSTEMS Motion/Second: Rodin/Orozco to introduce the Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None. d. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

Presenters: Sage Sangiacomo, City Manager and Craig Schlatter, Community Development Director.

Motion/Second: Rodin/Orozco to disband the Housing Implementation Ad Hoc and Councilmembers Rodin and Orozco to serve on new Housing Policy Ad Hoc. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane.

ABSTAIN: None.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:10 P.M.

RECESS: 8:10 – 8:25 P.M.

14. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2 & 3))
Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2)(Number of potential cases: 1)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2)or(3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 potential case, involving possible termination of construction contract for cause)
c. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-2018-70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No.

SCUK-CVPT-20-74612

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e. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: City of Ukiah v. Questex, LTD, et al, Mendocino County Superior Court, Case No. SCUK- CVPT-15-66036
f. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Siderakis v. Ukiah, et al, Mendocino County Superior Court, Case No. 21CV00603
g. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Gerardo Magdaleno, by and through his Guardian Ad Litem, Pedro Francisco Magdaleno v. City of Ukiah, Justin Wyatt (Fed.

Dist. Ct. N.D. Cal.) 3:21-2609 VC.
h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-050-03, 157-060-02, 157-050-04, 157-050-03, 157-030-02, 157-050- 01, 157-050-02, 157-050-10, 157-050-09, 157- 070-01, 157-070-02, 003-190-01
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Ric Piffero
Under Negotiation: Price & Terms of Payment
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
THE CITY COUNCIL RECONVENED IN OPEN SESSION AT 9:49 P.M.

In respect to Agenda Item 14e regarding the Palace Hotel receivership, City Attorney Rapport reported that the City Council took the following action during Closed Session:

Motion/Second: Rodin/Dueňas to authorize the City Manager to finalize and sign the Settlement Agreement (COU No. 2122-211) and the Stipulation to Discharge Receivership and Proposed Order; and to authorize the City Manager to make any last minute non-substantive corrections without further City Council approval. Motion carried by the following roll call votes: AYES: Orozco, Rodin, Dueňas, and Brown. NOES: None. ABSENT: Crane. ABSTAIN: None.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:51 p.m. ________________________________
Kristine Lawler, CMC/City Clerk

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AGENDA ITEM 5c

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CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 30, 2022
5:15 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on March 30, 2022, having been legally noticed on March 29, 2022. The meeting was held virtually at the following link: https://zoom.us/j/97199426600.

Mayor Brown called the meeting to order at 5:20 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane, Mari Rodin, Josefina Dueňas, and Jim O. Brown. Staff Present: Shannon Riley, Deputy City Manager; and Kristine Lawler, City Clerk.

MAYOR BROWN PRESIDING.

The Pledge of Allegiance was led by Mayor Brown.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

3. NEW BUSINESS
a. Consideration and Adoption of Resolutions in Support of Grant Funding Application.

Presenters: Sean White, Water Resources Director and Dan Buffalo, Finance Director.

Public Comment:

Motion/Second: Crane/Rodin to adopt resolutions (2022-18 and 2022-19) in support of a grant application with the State Water Resources Control Board and authorize the City Manager or designee to sign all related application documents, and approve the corresponding budget amendment if the grant is awarded. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Dueňas, and Brown. NOES: None. ABSENT: None. ABSTAIN: None.

4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:26 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

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Agenda Item No: 7.a.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1498

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

DEPARTMENT: Community
Development PREPARED BY: Darcy Vaughn, Assistant City Attorney, Jesse Davis, Planning Manager PRESENTER: Jesse Davis, Planning Manager and Darcy
Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Ordinance
Summary: The City Council will consider adopting the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

Background: Within the City of Ukiah, there are 23 identified entities that utilize shopping carts as a component of their business, and that are subject to the City’s Shopping Cart regulations.

The associated shopping cart regulations became effective May 4, 2018. As of January 1, 2019, 14 businesses (70%) were in compliance with shopping cart plan requirements. The remaining businesses were referred to the City Attorney's Office for code enforcement or associated legal proceedings. In general, the Ordinance appeared initially effective in reducing the number of abandoned carts during the first year of implementation (2019), and notably reduced cart retrieval pressures on the Ukiah Police Department (UPD).

Enforcement and administrative responsibilities, however, increased for the Community Development Department (CDD), Public Works Department (PWD), and City Attorney's Office.

As of September 21, 2021, only 7 businesses were fully compliant with the City of Ukiah’s Shopping Cart Policy. As additional shopping cart purveyors were identified, the compliance rate dropped to 30%. Staff had also seen an uptick in the number of carts stored by PWD, indicating that cart retrieval and abandonment was again becoming an issue. Based on current records, it is difficult to determine the pace at which abandoned carts were accumulating, but the total stored by Public Works increased to 143 abandoned carts as of July 21, 2021.

During development of the original Ordinance, it was believed that the required biennial renewal process would be relatively straightforward and involve little effort by Staff or the affected businesses. In 2020, Staff approached renewal efforts from this standpoint, sending courtesy letters to each business and making at least one follow-up call to each business that had not yet renewed their plan. While Staff received responses from the majority of businesses, these renewal efforts required substantial time by CDD Staff and the City Attorney's Office. Given the current number of abandoned shopping carts accumulated at that time, it was unclear if these renewal efforts were effective. While there are reasons specific to each business, a review of past correspondence indicates the difficulty of implementing store-specific policies due to regional or national brand requirements, lack of managerial authority to implement policy changes, and turnover in staff. Recent efforts to engage businesses to address abandoned carts or ineffective plans have been summarily ignored.

Upon receiving the required annual update at their regular meeting on October 6, 2021, the City Council directed Staff to return with a revised ordinance to improve the efficiency and effectiveness of the shopping

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cart containment program.

At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce the Ordinance by title only.

Discussion: While multiple City Departments are engaged in efforts to address abandoned shopping carts, ambiguity related to compliance, enforcement, and penalties has made it difficult to establish an effective and coordinated effort to achieve the primary goal of the policy, which is to limit the number of shopping carts removed from storefronts and public spaces. Many of the provisions of the 2018 ordinance were based upon input from the business community and expected intergovernmental programming between the City and the County. Unfortunately, shared policies were never adopted, thereby increasing the City's administrative burden and allowing for a lack of coordinated enforcement of cart purveyors within the Ukiah Valley. Much like pollution or traffic, abandoned shopping carts do not recognize municipal boundaries or jurisdictions.

Since 2018, staff has observed the following with regard to abandoned shopping carts:
 Collecting and storing carts within the City of Ukiah Corporation Yard (adjacent to the Ukiah Municipal Airport) has created significant operational burdens for Public Works staff. It has also exacerbated the administrative burden on Community Development staff, who are tasked with reviewing, approving and renewing cart retention programs for shopping cart purveyors, but with few responses or engagement on the topic.
 In general, the necessity of tagging carts with the date of collection and organizing them within the Corporation Yard for efficient return has proven to be unworkable, as carts are collected in miscellaneous groups which would require additional sorting and inventory management for which no staff are tasked or identified.
 Prior to the COVID-19 pandemic (COVID), the retrieval of abandoned carts by businesses was sporadic and infrequent. For many, it is logistically infeasible to collect carts since businesses have neither the personnel nor equipment to collect and transport abandoned carts back to their source.

Even for the retailers that did collect carts, which was uncommon, their returned carts were often destroyed due to the cost of cleaning or repair. (Notably, the installation of a perimeter lock system increases the cost of individual cart repair.)
 During COVID, the rate of retrieval by retailers dropped precipitously. Whether this was due to staffing constraints, corporate policy, or cleaning requirements, the number of abandoned carts accumulating within the Corporation Yard was exacerbated and complicated by the pandemic.  Increasingly, the enforcement of the existing abandoned shopping cart ordinance has created an undue burden on City resources, including both personnel costs and physical space for the storage of impounded carts that are seldom reclaimed by businesses, or that require substantial noncompensated scheduling to arrange for pickup.

While the 2018 shopping cart ordinance was crafted with a great deal of deference to the business community, its effectiveness has waned, especially during the pandemic. The proposed revisions to the ordinance (Attachment 3) recognize the current reality and seek to lower the administrative burden on staff and increase the ability to remove abandoned carts from our community spaces by:
 Allowing City staff to collect and immediately dispose of abandoned carts found on public property.

Carts retrieved by City Staff can be taken directly to the dump for recycling and disposal along with other waste or debris. This eliminates the problems associated with the need to tag, store, and crush carts. It also ensures that the number of accumulated carts cannot grow to an unmanageable level within the Corporation Yard. A similar policy was codified recently by the City of Eureka. Notably, the County of Mendocino Code Enforcement Division maintains a comparable approach to abandoned cart disposal.
 Eliminating the need for retailers to develop retention plans that require review and approval by the City, but for which no fee or staff reimbursement has been identified. Instead, the revised ordinance

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would rely heavily on the monetary disincentive of fees and fines, which the City can set at a later date.

In Staff's opinion, these changes will streamline the City’s ability to remove abandoned carts from public areas and place the burden of paying for this service on the source agents where the carts originate. The City will no longer be in the position of policing retailers' cart retention efforts, tagging and storing carts, sending notices and coordinating retrievals and will instead spend our limited staffing directly addressing the blight of abandoned carts in the most efficient way possible.

The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance, attached here as Attachment 1, is now ready for consideration for adoption and will go into effect 30 days after adoption.

Recommended Action: Adopt the Ordinance Amending Article 8 of Chapter 2, Division 2 of the Ukiah City Code to Regulate Shopping Cart Containment, Retrieval, Impoundment, and Disposal.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Public Works Department; City Attorney

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1 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ARTICLE 8 OF CHAPTER 2, DIVISION 2 OF THE UKIAH CITY CODE TO REGULATE SHOPPING CART CONTAINMENT, RETRIEVAL, IMPOUNDMENT, AND DISPOSAL.

The City Council of the City of Ukiah ordains as follows:

SECTION ONE. FINDINGS AND DECLARATION OF INTENT:

The City Council of the City of Ukiah hereby finds and declares as follows:

1. Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City.

2. The accumulation of wrecked, dismantled and abandoned shopping carts on public and private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City.

3. The intent of this Ordinance is to ensure that measures are taken by businesses that own and use shopping carts to prevent the removal of shopping carts from store premises.

4. This Ordinance is based in part on California Business and Professions Code section 22435 and following.

SECTION TWO. Article 8, entitled “Shopping Cart Containment and Retrieval” is added to Chapter 2, Division 2 of the Ukiah City Code and shall read as follows.

ARTICLE 8. SHOPPING CART CONTAINMENT AND RETRIEVAL
Sections:
2380 Applicability.
2381 Definitions.
2382 Prohibitions.
2383 Shopping cart identification signs.
2384 Shopping cart plan.
2385 Enforcement.
§2380 Applicability.

This Article applies to:

A. Each business owner in the City that provides shopping carts for customer use on the business premises; and
B. Any person who removes or who is in possession of or who has abandoned an off-site shopping cart.
§2381 Definitions.

ATTACHMENT 1

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2 Administrator means the Director of Planning and Community Development or his or her designee.

Business owner or owner means one or more persons or any legal entity, such as, but not limited to, a corporation, limited liability company, partnership or association that owns a business that provides shopping carts for customer use on the premises.

Off-site shopping cart means a shopping cart that has been removed from the premises where it belongs in violation of the requirements of this Article.

Premises means the entire area owned or under the control of a business owner, including the parking area and for businesses in a shopping center or other development where common areas serve more than one business, the common area shared by the business with other businesses in the development.

Shopping cart or cart means a basket or a similar device which is mounted on wheels and is generally owned and used as part of a retail establishment and used by a customer for transporting goods.
§2382 Prohibitions.

A. Prohibitions Applicable to Business Owners. It is unlawful and a violation of this Article for a business owner to:

1. Fail to affix an identifying sign to each shopping cart;

2. Fail to retrieve shopping carts within three (3) business days of notice from the Administrator, the Director of Public Works, or their designee;

3. Allow or authorize a shopping cart to be removed from the premises, except to allow for shopping carts to be serviced or repaired by a qualified and licensed company off-site.

4. Fail to retrieve all shopping carts on the Premises daily to ensure the carts are secured from public access after close of business hours.

B. Other Prohibitions. It is unlawful and a violation of this Article for a person to:

1. Remove a shopping cart from the premises where it belongs; or

2. Possess an off-site shopping cart; or

3. Abandon an off-site shopping cart; or

4. Alter, convert, or tamper with a shopping cart, or remove any part or portion thereof or remove, obliterate or alter an identifying sign or serial numbers on a shopping cart. §2383 Shopping cart identification signs.

Each business that furnishes carts for use shall have a sign permanently affixed to each cart in a prominent location.

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3 The sign shall include all of the following information:

A. The identity of the owner of the cart or the business, or both; B. The valid address or phone number of the business for returning the cart to the owner or business;
C. Notice to the public that the unauthorized removal of the cart from the premises or the unauthorized possession of the cart is a violation of state law and of the Ukiah City Code; and
D. Notice to the public that there shall be no authorized removal of the cart from the premises. §2384 City retrieval of carts.

A. The City may retrieve an abandoned or derelict cart from public property (or private property with the consent of the property owner) in the following circumstances:

1. Where the location of the shopping cart will impede emergency services.

2. When the City or its agent has determined the cart appears to be obviously abandoned, derelict, or possessed by a person other than the owner of the cart while offsite.

B. Fees to recover costs of cart retrieval may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2385 Immediate impound by City of abandoned or derelict carts.

Notwithstanding any other provision of this Code, the City may immediately impound and dispose of all carts determined by the City to be abandoned or derelict and located off-site. Fees to recover costs of cart impoundment and disposal may be established from time to time by resolution of the City Council adopted in accordance with the procedures required by law. §2386 Property in abandoned or derelict carts.

A. Any personal property found in a cart must be retained by the City or its agent for twentyfour (24) hours in order to determine if it is abandoned property. Trash or waste must be discarded as appropriate or required by law.

B. Once a determination is made by the City or its agent, abandoned property found in a cart is subject to the property procedures set forth in Policy 802 of the Ukiah Police Department Policy Manual, as the same maybe amended from time to time. §2387 Enforcement.

A. Retrieval. Whenever the Administrator, the Director of Public Works, or their designee notifies a business owner of an off-site cart, either verbally or in writing, the owner shall retrieve the cart within three (3) business days or be found in violation of this Article and subject to the enforcement procedures found in Subsection C of this Section.

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4 B. Violations.

The following will be subject to any enforcement procedures permitted by law, as set forth in Subsection C of this Section:

1. An owner who violates this Article;

2. A person who removes or possesses or abandons a shopping cart off-site;

3. A person who alters, converts, or tampers with a shopping cart; or

4. An owner of real property who allows off-site carts to remain on his, her or its real property.

C. The enforcement procedures permitted by law for violations of this Article include:

1. Prosecution as a misdemeanor under the authority of California Business and Professions Code sections 22435.2 or 22435.3 or Section 6098 of this Code.

2. Imposition of a fine not exceeding (1) one thousand dollars ($1000.00) for a first violation, (2) two thousand dollars ($2000.00) for a second violation within the same year, and (3) ten thousand dollars ($10,000.00) for each additional violation within the same year.

3. Procedures for abatement of a nuisance under Ukiah City Code Sections 3452.K and 3402.A, the civil and criminal penalties in Ukiah City Code Section 3424, and any other applicable administrative penalties contained in the Ukiah City Code.

4. Civil action for enforcement, including to abate a public nuisance by injunction, the City Council declaring that a violation of this Article constitutes a public nuisance.

5. Failure to pay a fine imposed pursuant to this Subsection within thirty (30) days may result in proceedings for revocation of a business license or site development permit, if applicable.

These enforcement procedures and penalties are cumulative with each other and any other remedy available at law or in equity, and are not mutually exclusive. Any one or more of them may apply and be used or charged in response to a single violation of this Article.

SECTION THREE.

1. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Ukiah hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more

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5 other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

2. EFFECTIVE DATE.

This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption.

Introduced by title only on March 16, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None

Adopted on ___________, 2022 by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________
Jim O. Brown, Mayor
ATTEST:
__________________
Kristine Lawler, City Clerk

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Agenda Item No: 7.b.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1500

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Adding Article 6 to Chapter 1, Division 3 of Ukiah City Code for the Adoption of the California Model Water Efficient Landscape Ordinance.

DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Ordinance
Summary: Council will consider adopting an ordinance adopting the California Model Water Efficient Landscape Ordinance.

Background: Staff is bringing this item forward to secure compliance with the State of California’s Model Water Efficient Landscape Ordinance (MWELO). The MWELO is a state regulation, enacted in 1993 as part of the 1990 Water Conservation and Landscaping Act that is designed to prevent water from being wasted on landscape irrigation, as nearly half of the water directed to urban areas is used on irrigated landscapes. Additional information about MWELO, including a link to the Model Ordinance under MWELO References titled "2015 Updated Chapter

2.7: Model Water Efficient Landscape Ordinance," can be found on the following website:
https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-EfficientLandscape-Ordinance.

The MWELO is also referenced by Title 24, Part 11 of CalGreen Building Code. Applying to residential, commercial, industrial, and institutional projects requiring a permit, plan check, or design review, MWELO directs Land Use Authorities (cities and counties) to ensure MWELO compliance on development projects with landscaped areas of 500 square feet or more or rehabilitation of existing landscape areas greater than 2,500 square feet.

California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened MWELO for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping. AB 1881 required the State Department of Water Resources to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010.

Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) mandated the Department of Water Resources prepare an update to the state's MWELO, which the California Water Commission adopted on July 15, 2015.

At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce by title only an ordinance adopting the MWELO.

Discussion: Although Staff has implemented MWELO requirements since the codification of MWELO in Title 24, part 11 of CalGreen Building Standards, full compliance with MWELO requires the City adopt a local WELO. The City has not previously adopted such an ordinance. Once the MWELO is adopted, full compliance also requires the City submit annual reports to the Department of Water Resources (DWR) regarding MWELO implementation updates. Staff intends to immediately submit annual reports to DWR if the Ordinance is adopted by Council.

Staff recommends Council adopt the Ordinance in Attachment 1, which would add Article 6 to Chapter 1, Division 3

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of Ukiah City Code. Once adopted, the City will be in compliance with MWELO state regulations.

The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption.

Recommended Action: Adopt an ordinance adopting the California Model Water Efficient Landscape Ordinance.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 6 TO CHAPTER 1, DIVISION 3 TO ADOPT THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. California’s ongoing drought has emphasized the necessity for increased conservation in use of water.

2. California Assembly Bill 1881 (AB 1881), enacted into law on September 28, 2008, modified and strengthened a model water efficient landscape ordinance (“MWELO”) for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping.

3. AB 1881 required the State Department of Water Resources (“Department”) to provide guidelines for cities and counties to adopt the MWELO or more stringent local landscape irrigation ordinances in 2010.

4. The City implemented the MWELO by default and did not expressly adopt it in 2010.

5. Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15), mandated the Department prepare an update to the state’s MWELO, which the California Water Commission adopted on July 15, 2015.

6. All cities and counties are required to either adopt the updated MWELO or adopt their own water efficient landscape ordinance which is at least as stringent and effective in conserving water as the MWELO.

7. The City has determined adopting the updated MWELO, as may be amended, will benefit the City and provide clarity to applicants for City entitlements SECTION TWO.

Article 6 is hereby added to Division 3, Chapter 1, of the Ukiah City Code and shall read as follows:

ARTICLE 6 MODEL WATER EFFICIENT LANDSCAPE ORDINANCE ADOPTION §3065 ADOPTION OF MODEL WATER EFFICIENT LANDSCAPE ORDINANCE Except as amended or modified by other provisions of this Division, the City Council hereby adopts by reference and makes effective within the City, the Model Water Efficient Landscape Ordinance, ATTACHMENT 1

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Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations, which may be referred to in this Code as the MWELO, as promulgated by the California Department of Water Resources, as may be amended from time to time.

SECTION THREE.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

Introduced by title only on March 16, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on _______, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

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Agenda Item No: 7.c.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1502

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Adding Chapter 3 to Division 3 of Ukiah City Code Setting Forth Procedures for Expediting Permit Processing for Electric Vehicle Charging Systems.

DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Building Official, Darcy Vaughn, Assistant City Attorney PRESENTER: Matt Keizer, Building Official; Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. EV Submittal Checklist

2. Electric Vehicle Charging System Permit Ordinance
Summary: Council will consider adopting an ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.

Background: In 2015, the State of California adopted Assembly Bill 1236 (2015, Chiu, Codified as Government Code Section 65850.7), which requires local jurisdictions with a population less than 200,000 residents to adopt an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations on or before September 30, 2017.

AB 1236 amended Government Code Section 65850.7 to require jurisdictions with a population less than 200,000 residents to establish procedures for expedited, streamlined processes for permitting of electric vehicle charging stations. The amendments to Section 65850.7 include the requirement for a jurisdiction to adopt an ordinance for the expedited, streamlined process on or before September 30, 2017. The ordinance is to include the requirement that a jurisdiction adopt a checklist of requirements with which a permit application for an electric vehicle charging station will be eligible for expedited review.

This process includes the establishment of a checklist containing objective requirements for the installation of an electric vehicle charging station and a process for electronic submittal of permit applications. The content of the checklist requires the permit applicant to check the features of the existing electrical service such as rating in amperes, system voltage, connected or calculated load, spare capacity in amperes, voltage and ampere rating of the electric vehicle supply equipment, circuit rating of the electric vehicle supply equipment, location of the electric vehicle supply equipment, if ventilation is/or is not required, and clearances of the charging equipment to comply with all applicable building and fire safety laws. The checklist also assists the applicant in confirming that the location of the electric vehicle supply equipment will comply with any vehicle clearance requirements in the City’s Zoning Ordinance. Government Code Section 65850.7 requires that a city's checklist may be based on the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “ZeroEmission Vehicles in California: Community Readiness Guidebook” of the Governor’s Office of Planning and Research.

AB 1236 also clarifies that a jurisdiction shall not condition approval of a permit for an electric vehicle charging station based on the approval of an association as defined in California Civil Code, Section 4080.

At their March 16, 2022 regular meeting, the City Council voted unanimously to introduce by title only an ordinance to create an expedited, streamlined permitting process for electric vehicle charging stations.

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Discussion: The Building Division of the Community Development Department has been implementing the requirements of AB 1236 since it went into effect in 2015, including the development and use of an objective checklist (Attachment 1). However, the Ordinance and its requirements were never adopted by the City.

Staff recommends that Council adopt the proposed Ordinance in Attachment 2 adding Chapter 3 to Division 3 of Ukiah City Code setting forth procedures for expediting permit processing for electric vehicle charging systems. The current version of the Ordinance reflects a wide array of City Staff and Council input. The Ordinance is now ready for consideration for adoption and will go into effect 30 days after adoption.

Recommended Action: Adopt an Ordinance setting forth procedures for expediting permit processing for electric vehicle charging systems.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Craig Schlatter, Community Development Director

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ELECTRIC VEHICLES SERVICE EQUIPMENT (EVSE) CHECKLIST
Please complete the following information related to permitting and installation of Electric Vehicle Service Equipment (EVSE) as a supplement to the application for a building permit.  This checklist contains the technical aspects of EVSE installations and is intended to help expedite permitting and use for electric vehicle charging.

Upon this checklist being deemed complete, a permit shall be issued to the applicant.  However, if it is determined that the installation might have a specific adverse impact on public health or safety, additional verification will be required before a permit can be issued.

This checklist substantially  follows  the “Plug‐In Electric Vehicle Infrastructure Permitting Checklist” contained in  the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” and is purposed to augment the guidebook’s checklist.

Job Address:  Permit No.
☐  Single‐Family    ☐ Multi-Family (Apartment)   ☐ Multi-Family (Condominium) ☐  Commercial (Single Business)   ☐  Commercial (Multi‐Businesses) ☐  Mixed‐Use     ☐ Public Right‐of‐Way
Location and Number of EVSE to be Installed:

Garage  ______     Parking Level(s)  _____     Parking Lot  _____     Street Curb _____ Description of Work:

BUILDING DIVISION
Phone: (707) 467-5786
Schedule Inspections: (707) 463-6739
Email: [email protected]
Website: www.cityofukiah.com/building-services/
All EVSE equipment must be inspected to verify code compliance, method of installation, and site placement.

Attachment 1

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Applicant Name:

Applicant Phone & email:

Contractor Name:  License Number & Type:

Contractor Phone & email:

Owner Name:

Owner Phone & email:

EVSE Charging Level:      ☐  Level 1 (120V)      ☐ Level 2 (240V)       ☐ Level 3 (480V) Maximum Rating (Nameplate) of EV Service Equipment = ___________  kW Voltage EVSE = ______ V  Manufacturer of EVSE: ___________________________ Mounting of EVSE: ☐  Wall Mount     ☐ Pole Pedestal Mount     ☐ Other _____________ System Voltage:
☐  120/240V, 1ϕ, 3W     ☐ 120/208V, 3ϕ, 4W     ☐ 120/240V, 3ϕ, 4W ☐ 277/480V, 3ϕ, 4W     ☐ Other ________________
Rating of Existing Main Electrical Service Equipment  =  __________ Amperes Rating of Panel Supplying EVSE  (if not directly from Main Service)  =  ________ Amps Rating of Circuit for EVSE:  __________ Amps  /  __________ Poles AIC Rating of EVSE Circuit Breaker (if not Single Family, 400A)  =  __________ A.I.C. (or verify with Inspector in field)

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Specify Either Connected, Calculated or Documented Demand Load of Existing Panel:
 Connected Load of Existing Panel Supplying EVSE  =  __________ Amps  Calculated Load of Existing Panel Supplying EVSE  =  __________ Amps  Demand Load of Existing Panel or Service Supplying EVSE  =  _________ Amps (Provide Demand Load Reading from Electric Utility)
Total Load (Existing plus EVSE Load)  =  __________ Amps For Single Family Dwellings, if Existing Load is not known by any of the above methods, then the Calculated Load may be estimated using the “Single‐Family Residential Permitting Application Example” in the Governor’s Office of Planning and Research “Zero Emission Vehicles in California: Community Readiness Guidebook” https://www.opr.ca.gov
EVSE Rating __________ Amps  x  1.25  =  __________ Amps   =   Minimum Ampacity of EVSE Conductor  =  # __________ AWG
For Single‐Family:  Size of Existing Service Conductors  =  # __________ AWG or kcmil - or ‐  :  Size of Existing Feeder Conductor
Supplying EVSE Panel                     =  # __________ AWG or kcmil (or Verify with Inspector in field)
I hereby acknowledge that the information presented is a true and correct representation of existing conditions at the job site and that any causes for concern as to life‐safety verifications may require further substantiation of information.

Signature of Permit Applicant:  ____________________     Date:  _______________

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ORDINANCE NOXX

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH SETTING FORTH

PROCEDURES FOR EXPEDITING PERMIT PROCESSING FOR ELECTRIC VEHICLE

CHARGING SYSTEMS
The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS

1. The State of California and the City of Ukiah has consistently promoted and encouraged the use of fuel-efficient electric vehicles.

2. The State of California adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging systems.

3. Creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels..

SECTION TWO.

Chapter 3 is hereby added to Division 3 of the Ukiah City Code and shall read as follows:

CHAPTER 3

ELECTRIC VEHICLE CHARGING SYSTEMS
§3090 PURPOSE
The purpose of this Chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. This Chapter is intended to comply with California Government Code Section 65850.7. §3091 DEFINITIONS
A. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Chapter, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

B. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the permit application was deemed complete.

C. “Electronic submittal” means the utilization of one or more of the following:

1. Electronic mail or email.

2. The internet.

ATTACHMENT 1

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3. Facsimile.
§3092 EXPEDITED PERMITTING PROCESS
Consistent with Government Code Section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations, and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s checklist shall be published on the City’s website.
§3093 PERMIT APPLICATION PROCESSING
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the Building Official that the permit application and supporting documents meets the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

C. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal of permit applications covered by this Chapter and associated supporting documentations.

In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. §3094 TECHNICAL REVIEW
A. It is the intent of this Chapter to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations so long as the action does not supersede the Building Official’s authority to address higher priority life-safety situations. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific adverse impact upon the public health or safety, as defined in this Chapter, the City may require the applicant to apply for a use permit.

B. In the technical review of a charging station, consistent with Government Code Section 65850.7, the Building Official shall not condition the approval for any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

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§3095 ELECTRIC VEHICLE CHARGING STATION INSTALLATION REQUIREMENTS A. Electric vehicle charging station equipment shall meet the requirements of the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission or a Municipal Electric Utility Company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code.

Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements.

SECTION THREE.

1. Publication: Within fifteen (15) days after its adoption, this Ordinance shall be published once in a newspaper of general circulation in the City of Ukiah. In lieu of publishing the full text of the Ordinance, the City may publish a summary of the Ordinance once 5 days prior to its adoption and again within fifteen (15) days after its adoption.

2. Effective Date: The ordinance shall become effective thirty (30) days after its adoption.

Introduced by title only on March 16, 2022, by the following roll call vote:

AYES: Councilmembers Orozco, Rodin, Dueñas, and Mayor Brown NOES: None
ABSENT: Councilmember Crane
ABSTAIN: None
Adopted on , 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Jim O. Brown, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

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Agenda Item No: 7.d.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1508

AGENDA SUMMARY REPORT
SUBJECT: Report of Acquisition of Professional Services from Alpha Analytical Laboratories, Inc. in the Amount of $15,463.10, for Quarterly Water Sampling and Completion of Chemical Examination Reports for the Ukiah Landfill.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS:

1. Alpha Invoices
Summary: Council will receive a report regarding the acquisition of services for quarterly water sampling and preparation of chemical examination reports for the Ukiah Landfill.

Background: In accordance with the Waste Discharge Requirements issued by the North Coast Regional Water Quality Control Board (NCRWQCB), the City is mandated to complete quarterly water sampling and analysis for the Ukiah Landfill.

Discussion: In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $10,000. The Public Works Department requested Alpha Analytical Laboratories, Inc. to conduct quarterly water sampling and to prepare chemical examination reports for the Ukiah Landfill. Alpha Analytical completed the quarterly water sampling and produced the chemical examination reports for the amount of $15,463.10. For reference, please refer to Attachment #1, a copy of the Alpha Analytical invoices. In conjunction with these chemical examination reports, EBA Engineering analyzes the data to prepare and submit the required detection monitoring report to the NCRWQCB.

Recommended Action: Receive report of acquisition of professional services from Alpha Analytical laboratories, Inc. in the amount of $15,463.10 for quarterly water sampling and completion of chemical examination reports for the Ukiah landfill. The report is submitted pursuant to City Code.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 70024500.52100: $433,029.90
PROPOSED BUDGET AMOUNT: 70024500.52100: $15,463.10
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 47789
COORDINATED WITH: Tim Eriksen, Director of Public Works & Jason Benson, Senior Engineer

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Ukiah, CA 95482
2022931-UKIAHLF
01/17/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22A2089
Attn:

Bill To:

Order # Receipt Date
Date: 02/09/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
5 Total Alkalinity by SM2320B [10 day] Water $25.00 $125.00 5 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $240.00 5 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Small Bailer [10 day] Water $44.00 $44.00
5 Bicarbonate by SM2320B [10 day] Water $25.00 $125.00
5 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Carbonate by SM2320B [10 day] Water $25.00 $125.00
5 Chloride by EPA 300.0 [10 day] Water $30.00 $150.00
5 Conductivity by SM2510B [10 day] Water $30.00 $150.00 1 Field Technician [10 day] Water $195.00 $195.00
1 Filters [10 day] Water $40.00 $40.00
5 Fluoride by EPA 300.0 [10 day] Water $30.00 $150.00
1 GeoTracker EDF File [10 day] Water $95.00 $95.00
5 Handling & Disposal [10 day] Water $5.00 $25.00
5 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Miles [10 day] Water $0.70 $0.70
5 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 NB Volatiles by EPA 8260 [10 day] Water $160.00 $160.00 1 NB Semivolatiles by EPA 8270 [10 day] Water $236.00 $236.00 5 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $500.00 5 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] Water $160.00 $800.00 5 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $625.00 5 pH Water by SM4500-H+ B [10 day] Water $32.00 $160.00 5 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $150.00 5 Sulfate by EPA 300.0 [10 day] Water $30.00 $150.00

Page 1 of 2 ends

70024500.52100
3-14-22
ATTACHMENT 1

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Ukiah, CA 95482
2022931-UKIAHLF
01/17/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22A2089
Attn:

Bill To:

Order # Receipt Date
Date: 02/09/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
5 Turbidity by SM2130B [10 day] Water $25.00 $125.00
Invoice Total: $5,120.70

Page 2 of 2 ends
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Ukiah, CA 95482
2023173-UKIAHLF
01/18/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22A2223
Attn:

Bill To:

Order # Receipt Date
Date: 02/11/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
5 Total Alkalinity by SM2320B [10 day] Water $25.00 $125.00 5 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $240.00 5 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Small Bailer [10 day] Water $44.00 $44.00
5 Bicarbonate by SM2320B [10 day] Water $25.00 $125.00
5 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Carbonate by SM2320B [10 day] Water $25.00 $125.00
5 Chloride by EPA 300.0 [10 day] Water $30.00 $150.00
5 Conductivity by SM2510B [10 day] Water $30.00 $150.00 1 Field Technician [10 day] Water $195.00 $195.00
1 Filters [10 day] Water $40.00 $40.00
5 Fluoride by EPA 300.0 [10 day] Water $30.00 $150.00
1 GeoTracker EDF File [10 day] Water $95.00 $95.00
5 Handling & Disposal [10 day] Water $5.00 $25.00
5 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 Miles [10 day] Water $0.70 $0.70
5 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 5 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $125.00 1 NB Volatiles by EPA 8260 [10 day] Water $160.00 $160.00 1 NB Semivolatiles by EPA 8270 [10 day] Water $236.00 $236.00 5 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $500.00 5 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] Water $160.00 $800.00 5 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $625.00 5 pH Water by SM4500-H+ B [10 day] Water $32.00 $160.00 5 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $150.00 5 Sulfate by EPA 300.0 [10 day] Water $30.00 $150.00

Page 1 of 2 ends
Page 46 of 281 ends

Ukiah, CA 95482
2023173-UKIAHLF
01/18/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22A2223
Attn:

Bill To:

Order # Receipt Date
Date: 02/11/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
5 Turbidity by SM2130B [10 day] Water $25.00 $125.00
Invoice Total: $5,120.70

Page 2 of 2 ends
Page 47 of 281 ends

Ukiah, CA 95482
2023174-UKIAHLF
01/19/22 NET 30
Quantity Analysis/Description Matrix Unit Cost Extended Cost Ukiah Landfill
300 Seminary Ave
22A2461
Attn:

Bill To:

Order # Receipt Date
Date: 02/11/22
Invoice #:

PO/Reference:

Project No:

Terms
Jason Benson Project ID: Monitoring Wells - Quarterly
Monitoring Wells - Quarterly
Alpha Analytical Laboratories, Inc.
4 Total Alkalinity by SM2320B [10 day] Water $25.00 $100.00 4 Ammonia by SM4500-NH3 C [10 day] Water $48.00 $192.00 4 Boron Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 1 Small Bailer [10 day] Water $44.00 $44.00
4 Bicarbonate by SM2320B [10 day] Water $25.00 $100.00
4 Calcium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Carbonate by SM2320B [10 day] Water $25.00 $100.00
4 Chloride by EPA 300.0 [10 day] Water $30.00 $120.00
4 Conductivity by SM2510B [10 day] Water $30.00 $120.00 1 Field Technician [10 day] Water $195.00 $195.00
1 Filters [10 day] Water $40.00 $40.00
4 Fluoride by EPA 300.0 [10 day] Water $30.00 $120.00
1 GeoTracker EDF File [10 day] Water $95.00 $95.00
4 Handling & Disposal [10 day] Water $5.00 $20.00
4 Potassium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Magnesium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 1 Miles [10 day] Water $0.70 $0.70
4 Manganese Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 4 Sodium Dissolved by EPA 200.7 [10 day] Water $25.00 $100.00 1 NB Volatiles by EPA 8260 [10 day] Water $160.00 $160.00 4 NB TPH as Diesel/Motor Oil by EPA 8015B [10 day] Water $100.00 $400.00 4 NB TPH as Gas & VOAs by EPA 8015 & 8260B [10 day] Water $160.00 $640.00 4 Total Nitrogen (NO2, NO3, TKN & Calc.) [10 day] Water $125.00 $500.00 4 pH Water by SM4500-H+ B [10 day] Water $32.00 $128.00 4 Total Dissolved Solids by SM2540C [10 day] Water $30.00 $120.00 4 Sulfate by EPA 300.0 [10 day] Water $30.00 $120.00
4 Turbidity by SM2130B [10 day] Water $25.00 $100.00

Page 1 of 2 ends
Page 48 of 281 ends

Invoice Total: $4,014.70

Page 2 of 2 ends
Page 49 of 281 ends
Page 50 of 281 ends
Page 51 of 281 ends
Page 1 of 2 ends

Agenda Item No: 7.e.

MEETING DATE/TIME: 4/6/2022
ITEM NO: 2022-1514

AGENDA SUMMARY REPORT
SUBJECT: Approval of Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specifications No. 22-01.

DEPARTMENT: Public Works PREPARED BY: Daniel Flores, Engineer Technician PRESENTER: Tim Eriksen, Public Works Director/City Engineer ATTACHMENTS:

1. Plan - 22-01 2022 Slurry Seal of Local Streets

2. Spec No 22-01 Slurry Seal of Local Streets
Summary: Staff is Requesting Council's Approval of Plans and Specifications No. 22-01 for the 2022 Slurry Seal of Local Streets.

Background: Per section 22039 of the Public Contracts Code, Staff is requesting Council's approval of Plans and Specifications number 22-01 for the Slurry Seal of Local Streets. The engineer's estimate, for construction contract items only, for this project is $335,957, proposed to by paid out of Measure Y funds. Please refer to Attachment 1, Plans 22-01 - 2022 Slurry Seal of Local Streets, and Attachment 2, Specification 22-01 - 2022 Slurry Seal of Local Streets.

Discussion: The proposed project will rehabilitate pavement with slurry of various local Ukiah streets, as listed in the plans and specifications.

Slurry seal is the application of a mixture of water, asphalt emulsion, aggregate (very small crushed rock), and additives to an existing asphalt pavement surface. Slurry seal is applied in order to help preserve and protect the underlying pavement structure and provide a new driving surface. It is typically applied to streets in relatively good condition in order to preserve them and prevent more costly reconstruction efforts, and is the most cost-effective way to extend a street's lifespan.

Other Measure Y-funded projects that are scheduled for this year include the installation of a traffic signal at Gobbi and Waugh streets and the rehabilitation of South State Street and South Dora Street.

Recommended Action: Approve Plans and Specifications for the 2022 Slurry Seal of Local Streets and Authorize Staff to Issue Bids for Specification No. 22-01.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager; Tim Eriksen, Director of Public Works/ City Engineer

Page 52 of 281 ends
Page 2 of 2 ends
Page 53 of 281 ends

SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NUMBER 22-01

UKIAH, CALIFORNIA

VARIOUS LOCATIONS WITHIN
MARCH 2022

NORTH OAK
STREET
SMITH
STREET

EAST SMITH STREET
WILLOW
AVENUE
MASON
STREET
SOUTH
BARNES
SOUTH

HORTENSE

STREET HIGHLAND
AVENUE

SOUTH OAK
STREET

NORTH PINE
STREET
PARK
PLACE

NORTH HOPE
STREET
SOUTH
SPRING
STREET
NORTH

HORTENSE
STREET
MORRIS
STREET
NORTH
BARNES
STREET

NORTH OAK
STREET
HENRY
STREET
GIBSON
STREET

RUDDOCK
AVENUE
PARK
COURT
SCOTT
STREET
WEST

STANDLEY
STREET
MYRON
PLACE
NORTH
SPRING
STREET

ST FRANCIS
WAY
HAZEL
AVENUE

LIVE OAK
AVENUE

HAMILTON
STREET
MAPLE
AVENUE
EAST

STANDLEY
STREET
ORR
STREET

DOMINICAN
WAY
TODD
ROAD
EVANS
STREET
SIDNIE
STREET
DORA
AVENUE

CYPRESS
AVENUE

CYPRESS
AVENUE

FAIRWAY
AVENUE
WEST

STANDLEY
STREET

MC PEAK STREET

NORTH STATE STREET

WEST CLAY STREET

LOW GAP ROAD

BRUSH STREET

WALNUT AVENUE

CLARA AVENUE

ORR STREET

MAZZONI STREET

SOUTH ORCHARD AVENUE

WEST STANDLEY STREET

OAK PARK AVENUE

NORTH PINE STREET

CLEVELAND LANE

SOUTH OAK STREET

FORD STREET

MAPLE AVENUE

BETTY STREET

SOUTH DORA STREET

WEST MILL STREET

MYSZKAPLACE

NORTH ORCHARD AVENUE
KINGS
COURT

HAZEL AVENUE

LIVE OAK AVENUE

NORTH OAK STREET

MASON STREET

EAST PERKINS STREET

NORTH MA NI STREET

NORTH SCHOOL STREET

THOMPSON
STREET

PARK PLACE

SOUTH BARNES

SOUTH HOPE STREET

HIGHLAND AVENUE

SOUTH HORTENSE
STREET

NORTH BUSH STREET
SOUTH
BUSH
STREET

NORTH DORA STREET
NORTH

HORTENSE
STREET

NORTH HOPE STREET

MAGNOLIA STREET

NORTH BARNES STREET

SOUTH SCHOOL STREET

CLAY PLACE

SOUTH STATE STREET

SOUTH MAIN STREET
NORHT
SPRING
STREET

WEST CHURCH STREET

WARREN DRIVE

PEACH STREET

NORTON STREET

CYPRESS AVENUE

WEST PERKINS STREET

HOSPITAL DRIVE

WEST SMITH STREET

PARK COURT

WEST STEPHENSON STREET

SCOTT STREET

HENRY STREET
MORRIS
STREET

EAST STANDLEY
STREET

SNUFFIN

EAST SMITH STREET
EAST

STEPHENSON STREET

COTTAGE LANE

EAST CLAY STREET

SOUTH SPRING STREET

GROVE AVENUE

STEL L A DR IVE

ELM S TREET RUDDOCK
AVENUE

SEMINARYAVENUE

PARK BOULEVARD

MYRON PLACE

ST FRANCIS WAY

NORTH SPRING STREET

MARY LANE

ECHO WAY

DOMINICAN WAY

JACKSON AVENUE

HAMILTON STREET

EASTLICK STREET

JONES STREET

TODD ROAD

SIDNIE COURT EVANS STREET

LESLIE STREET

SIDNIE STREET

GIORNO AVENUE

DORA AVENUE

MYRON STREET

JOSEPH STREET

HOLDEN STREET

BRIGGS STREET

PLUM DRIVE

GIBSON STREET

JANIX DRI V E
A
F
V
AIRWAY
ENUE

PARKWEST BOULEVARD
GENERAL NOTES:

ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TO THE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS.

CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE

RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THE PROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BE

MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.

CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.

TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THE ENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGS

PRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCH
PRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES.

QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTS AND ARE SHOWN IN TABLE 1.

SLURRY SELECTION
SCALE: CITY APPROVAL BY: DRAWN BY:

NOT TO SCALE D.F.

DATE: CHECKED BY:

MARCH 2022
SPECIFICATION NUMBER: TIM ERIKSEN
22-01 DIRECTOR OF PUBLIC WORKS/CITY ENGINEER DRAWING NUMBER:

DRAWING FILE:

S:\Public
Works\PROJECTS\Public
Works\2022\Spec No 22-01
Slurry Seal Local Streets

CITY OF UKIAH

SLURRY SEAL OF LOCAL STREETS

COVER SHEET
J.B.
1 OF 3

Page 54 of 281 ends

SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NUMBER 22-01

UKIAH, CALIFORNIA

VARIOUS LOCATIONS WITHIN
MARCH 2022
GENERAL NOTES:

ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TO THE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS.

CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE

RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THE PROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BE

MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.

CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.

TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THE ENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGS

PRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCH
PRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES.

QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTS AND ARE SHOWN IN TABLE 1.

SLURRY SELECTION
SPECIFICATION NUMBER: 22-01 DRAWING NUMBER:
2 OF 3

CITY OF UKIAH

SLURRY SEAL OF LOCAL STREETS
TABLES
S:\Public Works\PROJECTS\Public Works\2022\Spec No 22-01 Slurry Seal Local Streets TABLE 1: QUANTITIES
SOLID 4" (LF) SOLID 4"
(LF) SOLID 8" (LF) SOLID DOUBLE4" (LF)
BROKEN 4"
(LF) CROSSWALK (LF) CROSSWALK (LF) DIRECTIONALARROW

STOP BAR
(LF)
LADDER
XWALK
(SF)
LADDER

XWALK (SF) PARKING (T)

WHITE YELLOW WHITE YELLOW YELLOW WHITE YELLOW WHITE WHITE WHITE YELLOW WHITE N. Barnes St. Park Blvd N. Side W. Standley St. 675 26 1,950 80 151 396 13 N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St. 210 25 583 24 N. Barnes St. S. Side W. Perkins St. N. Side W. Church St. 206 25 572 50 13 Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave 721 34 2,724 68 17 Cypress Ave. E Side N. Spring St. W. Side N. Bush St. 786 34 2,969 88 608 68 17 2585 272 Dominican Way Maple Ave. End 480 35 1,867 30
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave. 550 33 2,017 120 399 132 Dora Ave. E. Side Hazel Ave. W Side N. Spring St. 525 38 2,217 365 90 Dora Ave. E Side N. Spring St. N. Side Grove Ave. 735 36 2,940 104 573 144 Evans St. N State St. End 502 32 1,785 32
Fairway Ave. Maple Ave. End 963 34 3,638 17
St. Francis Ct. Maple Ave. End 378 36 1,512 25
Gibson St. W. Side Pine St. N Bush St. 268 30 893 15
Hamilton St. Clara Ave. Hospital Dr. 431 40 1,916 80 20 Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave 360 35 1,400 140 Hazel Ave. S. Side Dora Ave. N. Side Grove Ave. 326 35 1,268 140 Hazel Ave. S. Side Grove Ave. N. Side Walnut 319 35 1,241 35 W. Henry St. N. Dora St. State St. 1,352 24 3,605 192 1 N. Highland Ave. W. Standley St. N. Side Perkins St. 198 40 880 14 N. Hope St. N. Side W Church St. S. Side W Perkins St. 194 34 733 34 N. Hope St. N. Side W. Perkins St. S. Side W. Standley St. 195 32 693 32 N. Hope St. N. Side W. Standley St. Smith St. 217 32 772 32 N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St. 195 54 1,170 54 N. Hortense St. S. Side W. Perkins St. N. Side W. Church St. 195 54 1,170 54 Live Oak Ave. Wanut Ave.(TO NEW PORTION) End 1,958 44 9,572 55 1153 200 88 Maple Ave. Valley View Dr. W. Side Live Oak Ave. 2,153 36 8,612 252 227 1443 2585 Maple Ave. E. Side Live Oak Ave End 1,186 36 4,744 48 18 6 Mason St. Clara Ave E Perkins St. 1,735 36 6,940 77 168 1382 86 2 15 Myron Pl Ford St. End 468 30 1,560 20
N. Oak St. Low Gap Rd N. Side Scott St. 2,060 32 7,324 98 1714 N. Oak St. S. Side Scott St. N Side W. Henry St. 696 30 2,320 169 437 64 N. Oak St. S. Side W. Henry St. N Side W. Smith St. 212 40 942 198 160 N. Oak St. S. Side W. Smith St. N. Side W. Standley St. 210 40 933 35 150 160 15 N. Oak St. S. Side W. Standley St. N. Side W. Perkins St. 200 40 889 90 80 160 N. Oak St. S Side W. Perkins St. N Side W. Church St. 202 40 898 49 128 160 16 Orr St. Bridge Ford St. 465 22 1,137 12
Park Place Park Blvd End 498 28 1,549 17
Park Ct. Park Place End 278 26 803
N. Pine St. S. Side Scott St. S. Side Grove Ave. 248 57 1,571 114 Ruddock Ave. N School St N Oak St. 278 26 803
Sidnie St. Ford St. Clara Ave. 521 30 1,737 30
W. Standley St. W. Standley Ct. End (West Side) 1,614 30 5,380 1551 W. Standley St. W. Standley Ct. W. Side N. Barnes St. 1,735 26 5,012 95 1538 W. Standley St. W. Side N. Barnes St. W. Side Dora St. 1,069 26 3,088 55 748 16 W. Standley St. E. Side Dora St. W. Side N. School St. 1,061 27 3,183 392 4 12 W. Standley St. E. Side N. Main St. W. Side Mason St. 437 36 1,748 72 18 30 W. Smith St. N. Barnes St. W. Side N. Spring St. 551 20 1,224 20 W. Smith St. E. Side N. Dora St. W. Side N. School St. 1,056 20 2,347 120 1 20 W. Smith St. E. Side School St. New Section of Smith St. 188 20 418 40 2 7 W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St. 40 27 120 54 4 N. Spring St. Cypress Ave. N. Side Dora Ave. 358 32 1,273 80 198 128 N. Spring St. S. Side Dora Ave. N. Side Grove Ave. 328 32 1,166 84 202 128 N. Spring St. S. Side W. Perkins St. N. Side Church St. 202 54 1,212 55 27 Todd Road N Barnes St. Walnut Ave 474 30 1,580 40 87 142 81 Willow Ave N. Dora St. E. Side N. Spring St. 523 32 1,860 32 Willow Ave W. Side N. Spring St. End of Willow Ave. 175 32 622 16 TOTAL 34,160 1,870 123,082 48 1549 164 688 13263 1972 1290 10 788 5170 272 90

STREET SECTIONS THERMOPLASTIC PAVEMENT MARKINGS

FIELD LENGTH (FT) VARIABLE

WIDTH (FT)

SLURRY SEAL

AREA (SY)

TRAFFIC STRIPING

STREET NAME FROM TO

Page 55 of 281 ends

SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NUMBER 22-01

UKIAH, CALIFORNIA

VARIOUS LOCATIONS WITHIN
MARCH 2022
GENERAL NOTES:

ALL MATERIALS, WORKMANSHIP AND CONSTRUCTION SHALL CONFORM TO THE 2010 EDITION OF THE CALTRANS STANDARD PLANS AND SPECIFICATIONS, THESE IMPROVEMENT PLANS AND THE PROJECT SPECIAL PROVISIONS.

CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE

RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF THE PROJECT, INCLUDING SAFETY OF ALL PROPERTY; THIS REQUIREMENT SHALL BE

MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS.

CONTRACTOR SHALL CONFINE HOURS OF CONSTRUCTION OPERATION TO 7 A.M.

TO 6 P.M. MONDAY THROUGH FRIDAY, UNLESS OTHERWISE APPROVED BY THE ENGINEER. CONTRACTOR SHALL REFERENCE EXISTING STRIPING AND MARKINGS

PRIOR TO BEGINNING WORK AND SHALL RESTRIPE TO MATCH
PRE-CONSTRUCTION STRIPING. SEE TABLE 1 FOR QUANTITIES.

QUANTITIES NOTED FOR SLURRY SEAL ARE BASED ON FIELD MEASUREMENTS AND ARE SHOWN IN TABLE 1.

SLURRY SELECTION
SPECIFICATION NUMBER: 22-01 DRAWING NUMBER:
3 OF 3

CITY OF UKIAH

SLURRY SEAL OF LOCAL STREETS
TABLES
S:\Public Works\PROJECTS\Public Works\2022\Spec No 22-01 Slurry Seal Local Streets TABLE 2: QUANTITIES

STOP MARKING
(EA.)

PARKING
STALL 25 MPH SIGN

WHITE - WHITE
N. Barnes St. Park Blvd N. Side W. Standley St. 675 26 1,950 4 6 1 N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St. 210 25 583 2 2 N. Barnes St. S. Side W. Perkins St. N. Side W. Church St. 206 25 572 1 2 Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave 721 34 2,724 1 5 2 Cypress Ave. E Side N. Spring St. W. Side N. Bush St. 786 34 2,969 2 6 2 Dominican Way Maple Ave. End 480 35 1,867 4 2 1
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave. 550 33 2,017 5 2 Dora Ave. E. Side Hazel Ave. W Side N. Spring St. 525 38 2,217 1 2 2 Dora Ave. E Side N. Spring St. N. Side Grove Ave. 735 36 2,940 2 2 2 Evans St. N State St. End 502 32 1,785 2 4 1
Fairway Ave. Maple Ave. End 963 34 3,638 3 3 1
St. Francis Ct. Maple Ave. End 378 36 1,512 2 5 1
Gibson St. W. Side Pine St. N Bush St. 268 30 893 1 1
Hamilton St. Clara Ave. Hospital Dr. 431 40 1,916 2 2
Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave 360 35 1,400 1 5 1 Hazel Ave. S. Side Dora Ave. N. Side Grove Ave. 326 35 1,268 2 2 Hazel Ave. S. Side Grove Ave. N. Side Walnut 319 35 1,241 2 2 W. Henry St. N. Dora St. State St. 1,352 24 3,605 5 14 2 N. Highland Ave. W. Standley St. N. Side Perkins St. 198 40 880 1 2 1 N. Hope St. N. Side W Church St. S. Side W Perkins St. 194 34 733 2 N. Hope St. N. Side W. Perkins St. S. Side W. Standley St. 195 32 693 2 N. Hope St. N. Side W. Standley St. Smith St. 217 32 772 2 N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St. 195 54 1,170 2 N. Hortense St. S. Side W. Perkins St. N. Side W. Church St. 195 54 1,170 2 Live Oak Ave. Wanut Ave.(TO NEW PORTION) End 1,958 44 9,572 7 13 Maple Ave. Valley View Dr. W. Side Live Oak Ave. 2,153 36 8,612 11 10 1 Maple Ave. E. Side Live Oak Ave End 1,186 36 4,744 1 8 1 Mason St. Clara Ave E Perkins St. 1,735 36 6,940 8 14 3 9 Myron Pl Ford St. End 468 30 1,560 1 1
N. Oak St. Low Gap Rd N. Side Scott St. 2,060 32 7,324 9 10 2 4 N. Oak St. S. Side Scott St. N Side W. Henry St. 696 30 2,320 2 3 1 N. Oak St. S. Side W. Henry St. N Side W. Smith St. 212 40 942 1 N. Oak St. S. Side W. Smith St. N. Side W. Standley St. 210 40 933 2 1 N. Oak St. S. Side W. Standley St. N. Side W. Perkins St. 200 40 889 1 2 2 N. Oak St. S Side W. Perkins St. N Side W. Church St. 202 40 898 1 Orr St. Bridge Ford St. 465 22 1,137 2 1
Park Place Park Blvd End 498 28 1,549 1 5 1
Park Ct. Park Place End 278 26 803 2
N. Pine St. S. Side Scott St. S. Side Grove Ave. 248 57 1,571 1 1 Ruddock Ave. N School St N Oak St. 278 26 803 2
Sidnie St. Ford St. Clara Ave. 521 30 1,737 1 2
W. Standley St. W. Standley Ct. End (West Side) 1,614 30 5,380 2 5 W. Standley St. W. Standley Ct. W. Side N. Barnes St. 1,735 26 5,012 6 16 W. Standley St. W. Side N. Barnes St. W. Side Dora St. 1,069 26 3,088 2 8 1 W. Standley St. E. Side Dora St. W. Side N. School St. 1,061 27 3,183 4 10 2 W. Standley St. E. Side N. Main St. W. Side Mason St. 437 36 1,748 1 W. Smith St. N. Barnes St. W. Side N. Spring St. 551 20 1,224 1 2 W. Smith St. E. Side N. Dora St. W. Side N. School St. 1,056 20 2,347 3 9 3 W. Smith St. E. Side School St. New Section of Smith St. 188 20 418 1 W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St. 40 27 120 1 3 1 N. Spring St. Cypress Ave. N. Side Dora Ave. 358 32 1,273 4 1 N. Spring St. S. Side Dora Ave. N. Side Grove Ave. 328 32 1,166 2 2 N. Spring St. S. Side W. Perkins St. N. Side Church St. 202 54 1,212 1 1 Todd Road N Barnes St. Walnut Ave 474 30 1,580 1 3 3
Willow Ave N. Dora St. E. Side N. Spring St. 523 32 1,860 1 1 2 Willow Ave W. Side N. Spring St. End of Willow Ave. 175 32 622 1 1 1 34,160 1,870 123,082 92 210 78 9 4

MH (EA)

QUANTITIES

STREET NAME FROM TO

REFLECTIVE

MARKERS (EA)

STREET SECTIONS

FIELD LENGTH
(FT)

VARIABLE

WIDTH (FT)
SLURRY

SEAL AREA
(SY)
BLUE

PAVEMENT MARKINGS PAVEMENT

MARKERS
VALVE/
MON. /

SCO (EA)
2 1
TOTAL
1 1
1 2
1 1
2 1
1 1
1 1
1 3
3 3
1 5
1 1
1 1
1 1
1 2
2 4
2 1
1 56
1 1
1 1

Page 56 of 281 ends

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

SLURRY SEAL OF LOCAL STREETS
SPECIFICATION NO. 22-01

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: XXXX
2:00 p.m.

Office of City Clerk

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SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01
ii

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JIM BROWN – MAYOR
JOSEFINA DUEÑAS – VICE-MAYOR
DOUGLAS F. CRANE – COUNCIL MEMBER
MARI RODIN – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – PROCUREMENT MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER
Approved by:
_______________________________
Tim Eriksen
Director of Public Works / City Engineer

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SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01
iii

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
March 2022

TABLE OF CONTENTS

PAGE

NOTICE TO BIDDERS
INSTRUCTIONS TO BIDDERS.................................................................................................................... 1

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS............................................5 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT ........................................................................ 7 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT ................................................................................. 7 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Liability of City Officials
3-08. Dispute Resolution
SECTION 4. BONDS ................................................................................................................................... 8 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS.......................................................9 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions

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iv
5-05. Acceptability of Insurers
5-06. Verification of Coverage
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR.....................................................10 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
6-24. Public Notification
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY......................................................................16 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT............................................................18 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................19

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SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01
v
9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT...........................................................................................................................20 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS.............................................................................................................23 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION ................................................................................................27 12-01. Arrangement of Technical Specifications
12-02. Arrangement of Plans
12-03. Business Licenses
12-04. Permits
12-05. Standard Specifications and Standard Plans
12-06. Temporary Facilities
12-07. Public Convenience and Safety
12-08. Maintaining Traffic
12-09. Traffic Control System for Street Closure
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Dust Control
12-14. Noise Control
12-15. Watering
12-16. Preconstruction Conference
12-17. Progress Schedule
12-18. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS...............................................................................................31

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SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01
vi
13-01. Location and Scope of Work
13-02. Existing Highway Facilities
13-03. Preservation of Property
13-04. Watering
13-05. Utility Boxes
13-06. Slurry Seal (TYPE I)
13-07. Slurry Seal (TYPE II)
13-08. General – Slurry Seal
13-09. Traffic Striping
13-10. Removal of Stripes and Markings
13-11. Thermoplastic Pavement Markings
13-12. Pavement Markings
13-13. Pavement Markers
13-14. Reflective Pavement Markers (Blue)
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS...............................................................36 14-01. Provisions to be excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS..................................................................36 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST....................................................................................................................37 PROPOSAL ...........................................................................................................................................38 BIDDING SCHEDULE.................................................................................................................................39 FAIR EMPLOYMENT PRACTICES CERTIFICATION ...............................................................................41 WORKER'S COMPENSATION CERTIFICATE..........................................................................................42 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT.................................................................43 LIST OF PROPOSED SUBCONTRACTORS.............................................................................................44 STATEMENT OF EXPERIENCE OF BIDDER............................................................................................45 SIGNATURE OF BIDDER...........................................................................................................................46 BIDDER'S BOND ........................................................................................................................................47 NON-COLLUSION AFFIDAVIT...................................................................................................................48 AGREEMENT ...........................................................................................................................................49 INDEMNIFICATION AGREEMENT ............................................................................................................53 EXAMPLE BOND FORMS..........................................................................................................................54 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ..........59

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SLURRY SEAL OF LOCAL STREETS Spec NO. 22-01
vii
DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ..............................................60

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

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CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
NOTICE TO BIDDERS FOR SLURRY SEAL OF LOCAL STREETS SPECIFICATION NO. 22-01 NOTICE IS HEREBY GIVEN that sealed standard proposals for SLURRY SEAL OF LOCAL STREETS will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on XXXX at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed SLURRY SEAL OF LOCAL STREETS” Bids are required for the entire work described herein. No fax bids will be accepted.

ENGINEER'S ESTIMATE OF QUANTITIES
ITEM
NO. QUANTITY UNIT DESCRIPTION
Engineer's Estimate

UNIT TOTAL
PRICE
1 1 LS Traffic Control $15,000.00 $15,000.00
2 123,082 SY Slurry Seal $1.85 $227,701.70
3 1,549 LF Solid Yellow 4" Traffic Stripe $2.00 $3,098.00 4 48 LF Solid White 4" Traffic Stripe $2.00 $96.00
4 688 LF Solid Double Yellow 4" Traffic Stripe $2.00 $1,376.00 5 13,263 LF Broken Yellow 4" Traffic Stripe $2.00 $26,526.00 6 164 LF Solid White 8" Stripe $2.00 $328.00
7 1,972 LF Thermoplastic White Crosswalk $6.00 $11,832.00 8 1,290 LF Thermoplastic Yellow Crosswalk $6.00 $7,740.00 9 5,422 SF Thermoplastic Ladder Crosswalk $6.00 $32,532.00 10 788 LF Thermoplastic Stop Bar $6.00 $4,728.00
11 1 LS Thermoplastic Pavement Markings $1,000.00 $1,000.00 12 1 LS Pavement Markings $3,800.00 $3,800.00
13 1 LS Pavement Markers $200.00 $200.00
Plans and Special Provisions may also be downloaded at no charge from the City’s website at www.cityofukiah.com/purchasing. Contact Mary Horger, Procurement Manager, City of Ukiah, 300 Seminary Avenue, Ukiah, California 95482-5400. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger at (707) 463-6233 or at fax phone (707) 313-3621.

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of the General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ the prime contractor for the work herein shall

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possess a current, valid State of California, Class A (General Engineering) Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

By order of the City Council, City of Ukiah, County of Mendocino, State of California.

Dated: ________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH TWO TIMES:

INSTRUCTIONS TO BIDDERS
SLURRY SEAL OF LOCAL STREETS shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

Each bidder must supply all the information required by the bid documents and Special Provisions.

Minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award of any contract entered into pursuant to this advertisement. Women will be afforded equal opportunity in all areas of employment. However, the employment of women shall not diminish the standards or requirements for the employment of minorities.

All proposals or bids shall be accompanied by a cashier's check or certified check payable to the order of the City of Ukiah amounting to 10 percent of the bid, or by a bond in said amount and signed by the bidder and a corporate surety, payable to said City. Said check shall be forfeited, or said bond shall become payable to said City in case the bidder depositing the same does not, within fifteen (15) days after written notice that the contract has been awarded to him: (a) enter into a contract with the City and (b) furnish certificates of insurance and endorsements, a bond of faithful performance and a payment bond as described in the Special Provisions.

No bidder shall withdraw his or her bid for a period of thirty (30) calendar days after the date set by the City for the opening thereof.

The Contractor and any subcontractors shall each possess a valid City of Ukiah Business License prior to the start of any work.

The Contractor shall furnish a project schedule to the Engineer prior to the start of any work and start work as scheduled.

The work is to be completed within fifteen (15) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day’s delay beyond the time prescribed.

The staff shall notify a bidder by telephone, email or fax, if it intends to recommend the rejection of the bidder’s bid. Any bid protest must be filed with the City Clerk not more than five calendar days following the bid opening, or 2 calendar days following notice that staff is recommending the rejection of a bid. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest.

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and

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SLURRY SEAL OF LOCAL STREETS 10 Spec NO. 22-01
Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

The bidder's attention is directed to the possible existence of obstructions and public improvements within the limits of the work or adjacent thereto, which may or may not be shown on the Drawings. Any bid shall take into consideration that conditions may exist underground or otherwise that are not known to the City or easily detected during a site inspection that could impact the time or cost of completing the project. The City expects the bids to anticipate such conditions so that it can know for budgeting and other purposes the total cost to complete the project before accepting a bid and undertaking the legal obligation to construct the project. In awarding the contract the City relies on the contractor’s representation that its bid anticipates differing site conditions and the additional time or cost that such conditions may necessitate.

The bidder shall investigate to his or her satisfaction the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished and the requirements of the Plans, Special Provisions, Standard Specifications, Standard Plans, and Contract Documents. The submission of a proposal shall be considered conclusive evidence that the bidder has made such examination and has accepted the project workplace as a safe workplace to perform the work of the Contract.

Bidder Inquiries and Questions
Inquiries and questions must be submitted in writing via fax or email to the following designated contact person:

Mary Horger, Procurement Manager
Fax: (707) 313-3621
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

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SLURRY SEAL OF LOCAL STREETS 11 Spec NO. 22-01
Location of the Work
All of the work to be performed is within the City of Ukiah.

N. Barnes St. Park Blvd N. Side W. Standley St.

N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St.

N. Barnes St. S. Side W. Perkins St. N. Side W. Church St.

Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave
Cypress Ave. E Side N. Spring St. W. Side N. Bush St.

Dominican Way Maple Ave. End
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave.

Dora Ave. E. Side Hazel Ave. W Side N. Spring St.

Dora Ave. E Side N. Spring St. N. Side Grove Ave.

Evans St. N State St. End
Fairway Ave. Maple Ave. End
St. Francis Ct. Maple Ave. End
Gibson St. W. Side Pine St. N Bush St.

Hamilton St. Clara Ave. Hospital Dr.

Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave
Hazel Ave. S. Side Dora Ave. N. Side Grove Ave.

Hazel Ave. S. Side Grove Ave. N. Side Walnut
W. Henry St. N. Dora St. State St.

N. Highland Ave. W. Standley St. N. Side Perkins St.

N. Hope St. N. Side W Church St. S. Side W Perkins St.

N. Hope St. N. Side W. Perkins St. S. Side W. Standley St.

N. Hope St. N. Side W. Standley St. Smith St.

N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St.

N. Hortense St. S. Side W. Perkins St. N. Side W. Church St.

Live Oak Ave. Wanut Ave.(TO NEW
PORTION) End
Maple Ave. Valley View Dr. W. Side Live Oak Ave.

Maple Ave. E. Side Live Oak Ave End
Mason St. Clara Ave E Perkins St.

Myron Pl Ford St. End
N. Oak St. Low Gap Rd N. Side Scott St.

N. Oak St. S. Side Scott St. N Side W. Henry St.

N. Oak St. S. Side W. Henry St. N Side W. Smith St.

N. Oak St. S. Side W. Smith St. N. Side W. Standley St.

N. Oak St. S. Side W. Standley St. N. Side W. Perkins St.

N. Oak St. S Side W. Perkins St. N Side W. Church St.

Orr St. Bridge Ford St.

Park Place Park Blvd End
Park Ct. Park Place End
N. Pine St. S. Side Scott St. S. Side Grove Ave.

Ruddock Ave. N School St N Oak St.

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SLURRY SEAL OF LOCAL STREETS 12 Spec NO. 22-01
Sidnie St. Ford St. Clara Ave.

W. Standley St. W. Standley Ct. End (West Side)
W. Standley St. W. Standley Ct. W. Side N. Barnes St.

W. Standley St. W. Side N. Barnes St. W. Side Dora St.

W. Standley St. E. Side Dora St. W. Side N. School St.

W. Standley St. E. Side N. Main St. W. Side Mason St.

W. Smith St. N. Barnes St. W. Side N. Spring St.

W. Smith St. E. Side N. Dora St. W. Side N. School St.

W. Smith St. E. Side School St. New Section of Smith St.

W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St.

N. Spring St. Cypress Ave. N. Side Dora Ave.

N. Spring St. S. Side Dora Ave. N. Side Grove Ave.

N. Spring St. S. Side W. Perkins St. N. Side Church St.

Todd Road N Barnes St. Walnut Ave
Willow Ave N. Dora St. E. Side N. Spring St.

Willow Ave W. Side N. Spring St. End of Willow Ave.

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain.
b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives.
e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer.

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SLURRY SEAL OF LOCAL STREETS 13 Spec NO. 22-01
h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

Where "as directed", "as permitted", "approved" or words of similar import are used, it shall be understood that the direction, requirements, permission, approval or acceptance of the Engineer is intended unless stated otherwise.

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, endorsed as specified in the notice to bidders. Bidders are warned against making erasures or alterations of any kind and proposals which contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected. 1-04. Withdrawal of Bids. Any bid may be withdrawn at any time prior to the hour fixed in the notice to bidders for the openings of bids, provided that a request in writing, executed by the bidder or his or her duly authorized representative, for the withdrawal of such bid is filed with the City. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.
1-05. Public Opening of Bids. Bids will be opened and read publicly at the time and place indicated in the notice to bidders. Bidders or their agents are invited to be present. 1-06. Bid Guaranty. Each bid must be accompanied by a certified check, cashier's check or bidder's bond executed by an admitted surety insurer, payable to the order of the City of Ukiah in an amount not less than 10 percent of the bid as a guarantee that the bidder will enter into a contract, if awarded the work. 1-07. Qualification of Bidders. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract.

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SLURRY SEAL OF LOCAL STREETS 14 Spec NO. 22-01
A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

In determining the degree of responsibility to be credited to a bidder, the City may weigh evidence that the bidder or his or her personnel charged with the responsibility in the work, has performed satisfactorily other contracts of like nature and magnitude or comparable difficulty at similar rates of progress. 1-08. Disqualification of Bidders. More than one bid from an individual business, partnership, corporation or association, under the same or different names, will not be considered. Reasonable grounds for believing that any bidder is financially interested in more than one bid for the work will cause the rejection of all bids in which he or she is so interested. If there is reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Bids in which the prices obviously are unbalanced may be rejected.
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Award of Contract. Award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the specified requirements. The award, if made, will be made within thirty (30) days after opening of the bids. The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost.
2-02. Return of Proposal Guaranties. All bid guaranties will be held until the contract has been fully executed, after which they will be returned upon request to the respective bidders whose bids they accompany. 2-03. Execution of Contract. The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds, insurance certificates and endorsements, within fifteen (15) days after written notice of the award of the contract. After execution by the City; one copy shall be filed with the City and one copy shall be returned to the Contractor. If the bidder fails or refuses to enter into the contract agreement within the required time, then the bid guaranty accompanying the bid shall be forfeited to the City.

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages

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thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgment of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the terms of this Contract which are applicable to the work of subcontractors.

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings.

Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans. 3-07. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-08. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.

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4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
(WITH CONSTRUCTION RISKS)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. 5-01. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial Liability Coverage (occurrence form CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).

3. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for “all risks” of loss. 5-02. Minimum Limits of Insurance
Contractor shall maintain limits no less than:

1. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury and property damage.

4. Course of Construction: Completed value of the project with no co-insurance penalty provisions.

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5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

2. The workers’ compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

3. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

5. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code.

6. Course of Construction policies shall contain the following provisions:
a.) The City shall be named as loss payee.
b.) The insurer shall waive all rights of subrogation against the City. 5-05. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than the following:

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time.

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5-07. Subcontractors. Contractor shall include all subcontractors as insured’s under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage’s for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally. 6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

The right of general supervision by the City shall not make the Contractor an agent of the City and the liability of the Contractor for all damages to persons or to public or private property, arising from the Contractor's execution of the work, shall not be lessened because of such general supervision.

Until the completion and final acceptance by the City of all the work under and implied by this contract, the work shall be under the Contractor's responsible care and charge. The Contractor shall rebuild, repair, restore and make good all injuries, damages, re-erections and repairs, occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, except as otherwise stipulated.

To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the City and its officers, directors, agents and employees from and against all claims, damages, losses and expenses including but not limited to attorneys' fees, costs of suit, expert witness fees and expenses and fees and costs of any necessary private investigators arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, other than the work itself, including the loss of use resulting therefrom and (2) is caused in whole or in part by any act or omission of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder, or by the negligence or omission of a party indemnified herein.

In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may

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be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

The City shall have the right to estimate the amount of such damage and to cause the City to pay the same and the amount so paid for such damage shall be deducted from the money due the Contractor under this contract; or the whole or so much of the money due or to become due the Contractor under this contract as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. 6-05. Protection of Persons and Property. The Contractor shall furnish such watchman, guards, fences, warning signs, walks and lights as shall be necessary and shall take all other necessary precautions to prevent damage or injury to persons or property.

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof.

Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City.

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6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. He or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

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Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer. If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.

All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

2. Contractor shall comply with the California Labor Code Section 1775. In accordance with said Section 1775, Contractor shall forfeit as a penalty to the Owner, $50.00 (or the higher minimum penalty as provided in Section 1775(B)(ii) – (iii)) for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or her or by any subcontractor under him or her in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:

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http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.

Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

7. Apprentices.

Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City.

The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

The City is hereby authorized to make such repairs if within ten days after the mailing of a notice in writing to the Contractor or his or her agent, the Contractor shall neglect to make or undertake with due diligence the aforesaid repairs, provided, however, that in case of an emergency where, in the opinion of the City delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor and the Contractor shall pay the costs thereof.

Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work. 6-24. Public Notification. The contractor shall be responsible for all public notification regarding construction work within the subject intersection, including detours, lane and street closures, hours of operations, and notification of affected commercial businesses within 1000 feet of the construction. For any business impacted

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by construction, the contractor shall provide adequate sized on-site signage indicating that businesses are open during construction for pedestrian traffic. The contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, school buses, County of Mendocino offices, the high school, junior high school, elementary schools effected by potential detours and street closures, with recommended alternate routes of travel. Through street access from will be restricted to businesses and residents only during construction days. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior to noticing the public. All public noticing shall be performed a minimum of one week prior to instituting traffic control, and lane or street closures.

The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of the intersection shall be noted all road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Authority of the Engineer. All work done under this contract shall be done in a workmanlike manner and shall be performed to the reasonable satisfaction of the Engineer, who shall have general supervision of all work included hereunder. To prevent disputes and litigation, the Engineer (1) shall in all cases determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract, (2) shall decide all questions relative to the true construction, meaning and intent of the Special Provisions and Drawings, (3) shall decide all questions which may arise relative to the classifications and measurements of quantities and materials and the fulfillment of this contract and (4) shall have the power to reject or condemn all work or material which does not conform to the terms of this contract. his or her estimate and decision in all matters shall be a condition precedent to an appeal for arbitration, or the right of the Contractor to receive, demand, or claim any money or other compensation under this agreement and a condition precedent to any liability on the part of the City to the Contractor on account of this contract. Whenever the Engineer shall be unable to act, in consequence of absence or other cause, then such engineer as the Engineer or the City shall designate, shall perform any and all of the duties and be vested with any or all of the powers herein given to the Engineer.
7-02. Inspection. The City will provide engineering personnel for the inspection of the work.

The Engineer and his or her representatives shall at all times have access to the work whenever it is in preparation or progress and the Contractor shall provide proper facilities for such access and inspection.

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.

Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

Re-examination of any work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work is found to be in accordance with the contract documents, the City shall pay the cost of re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the

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Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction.

However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.

Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings. 7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.

The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer.

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7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.

SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer.

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8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.

SECTION 9. PROSECUTION OF WORK
9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or

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she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

Any claim by Contractor for a time extension based on unavoidable delays shall be based on written notice delivered to the Engineer within 15 days of the occurrence of the event giving rise to the claim. Failure to file said written notice within the time specified shall constitute a waiver of said claim. Notice of the full extent of the claim and all supporting data must be delivered to the Engineer within 45 days of the occurrence unless the Engineer specifies in writing a longer period. All claims for a time extension must be approved by the Engineer and incorporated into a written change order.
9-07. Unfavorable Weather and Other Conditions. During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work whose satisfactory quality or efficiency will be affected by any unfavorable conditions shall be constructed while these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.

The Contractor shall be granted a time extension of one day for each unfavorable weather day which prevents him or her from placing concrete forms or placing and finishing concrete or asphalt concrete. Such unfavorable weather day is defined as a rain day where precipitation prevents the contractor from performing the work more than four (4) continuous hours within the authorized work period or a temperature day where the ambient temperature is below that specified for the placement of materials associated with the controlling work item for more than four (4) continuous work hours of the authorized work period. 9-08. Saturday, Sunday, Holiday and Night Work. No work shall be done between the hours of 6 p.m. and 7 a.m., nor on Saturdays, Sundays or legal holidays except such work as is necessary for the proper care and protection of work already performed, or except in cases of absolute necessity and in any case only with the permission of the Engineer.

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman,

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or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

The first estimate shall be of the value of the work satisfactorily completed in place and meeting the requirements of the contract. And every subsequent estimate, except the final estimate, shall be of the value of the work satisfactorily completed in place since the last preceding estimate was made; provided, however, that should the Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.

The estimate shall be signed by the Engineer and, after approval, the City shall pay or cause to be paid to the Contractor in the manner provided by law, an amount equal to 95 percent of the estimated value of the work satisfactorily performed and complete in place.
10-03. Substitution of Securities.

1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract. Market value shall be determined as of the day prior to the date such substitution is to take place.

Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating

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within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as banker’s acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.

The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.

3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash.
10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

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Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall become due on the final payment, it shall be paid on a supplementary voucher to interest or any sum or sums which, by the terms of this contract, the City is authorized to reserve or retain. 10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".

When the Contractor considers that any changes ordered involve extra work, he or she shall immediately notify the Engineer in writing and subsequently keep him or her informed as to when and where extra work is to be performed and shall make claim for compensation therefor each month not later than the first day of the month following that in which the work claimed to be extra work was performed and he or she shall submit a daily complete statement of materials and labor used and expenses incurred on account of extra work performed, showing allocation of all materials, labor and expenses.

All such claims shall state the date of the Engineer's written order and the date of approval by the City authorizing the work on account of which claim is made. Unless such notification is made in writing within the time specified and unless complete statements of materials used and expenses incurred on account of such extra work are furnished as above required, the Contractor shall not be entitled to payment on account of extra work and Contractor shall be deemed to have waived the right to make any future claims for compensation for such extra work.

When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.03 D, “Extra Work", and Section 9-1.03,"Force Account Payment" of the Standard Specifications.

This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection,

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superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar days delay beyond the time prescribed.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a. For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

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(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privacy of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the

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provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

Except as otherwise expressly provided by law, the parties waive any objections they might otherwise have to the propriety of jurisdiction or venue in the state courts in Mendocino County and agree that California law shall govern any such litigation.

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-02. Arrangement of Plans. The Plans consist of four (4) sheets numbered 1 through 4 and they are hereby made a part of the Contract Documents.
12-03. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-04. Permits. The Contractor shall obtain and pay for all permits required to complete this work except the required encroachment permit. The Contractor shall obtain an encroachment permit from the Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-05. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2015, are hereby made a part of these Technical Specifications, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." Whenever the following terms are used in the Standard Specifications and the Standard Plans, they shall be understood to mean and refer to the following:

Department or Department of Transportation - The City Council.

Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.

Engineer - The Engineer, designated by the Director of Public Works, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

Laboratory - The designated laboratory authorized by the City of Ukiah to test materials and work involved in the contract.

State - The City of Ukiah
Other terms appearing in the California Standard Specifications and the California Standard Plans shall have the intent and meaning specified in Section I, Definition of Terms of the California Standard Specifications.

In case of discrepancy between the contract documents, the order of precedence from the highest to lowest is as follows:

1. City Special Provisions (Technical Specifications)

2. City Project Plans

3. City Standard Plans and Details

4. California Standard Plans

5. California Standard Specifications
12-06. Temporary Facilities. All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities.
12-07. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work.

The Contractor shall post notice(s) at the job sites a minimum of 72 hours in advance of working at the site, indicating the date and times that street parking will be prohibited. This notice shall be placed in obvious locations and be spaced no further than 250 feet apart along the length of the project site and on each side of the affected street. The Contractor shall also provide and place door hangers at all houses adjacent to working

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SLURRY SEAL OF LOCAL STREETS 35 Spec NO. 22-01
area. The door hanger notification shall be in writing and it shall be submitted to the Engineer for approval a minimum of 5 working days prior to the proposed public notification. Full cost for “Public Convenience and Safety” shall be considered as included in the various items of work and no additional compensation will be made.
12-08. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.

Street Closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System for Street Closure.”
When leaving a work area and entering a roadway carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall in all cases yield to public traffic.

The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays, and designated City holidays, after 3:00 p.m. Fridays and the day preceding designated City holidays, and when construction operations are not actively in progress.

Designated City holidays are: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, the second Monday in November, Thanksgiving Day, the day following Thanksgiving Day, December 24th, December 25th, December 30th, December 31st. When a designated City holiday falls on a Sunday, the following Monday shall be a designated City holiday. When a designated City holiday falls on a Saturday, the preceding Friday shall be a designated City holiday.

Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if in the opinion of the Engineer public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated his written approval. All other modifications will be made by contract change order.

The fences, temporary railing (Type K), barricades, lights, signs, and other devices furnished and installed by the Contractor, at his expense, to conform to the provisions in said Section 7-1.09, and in addition to any construction area traffic control devices for which payment is provided for elsewhere in the specifications.

Payment. Full costs for “Maintaining Traffic”, including “Flagging Costs” shall be considered as part of the lump sum payment for Traffic Control System and no additional compensation will be made. 12-09. Traffic Control System for Street Closure. A traffic control system shall consist of closing streets in accordance with the Caltrans Manual of Traffic Controls for Construction and Maintenance Work Zones, the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, and provisions under “Maintaining Traffic” elsewhere in these Special Provisions.

The provisions in this section will not relieve the Contractor of their responsibilities that may be necessary to comply with the provisions in Section 12-08, “Public Safety”, of the Standard Specifications.

The base material of construction area signs may be plywood in City Right-of-Way, but shall not be plywood in the State Right-of Way.

The contractor shall develop and submit to the Engineer for approval a Traffic Control Plan a minimum of one week before beginning construction. The Traffic Control Plan shall show the planned method of traffic control during construction.

The following information shall be included in the Traffic Control Plan:
• Sequencing of construction
• Street layout, with street names and direction of flow • Location and types of construction area signs (including pedestrian notification) • Locations of barriers or other traffic control devices • Location of flaggers
• A contingency plan for how to handle emergency vehicles

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The Contractor shall not begin construction at the site until the Traffic Control Plan is reviewed and approved by the Engineer. The City reserves the right to delay the contractor’s operations until such time that a Traffic Control Plan has been reviewed and approved by the Engineer.

If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.

When street closures are made for work periods only, at the end of each work period, all components of the traffic control system shall be removed from the traveled way and shoulder. If the contractor so elects, said components may be stored at select central locations, approved by the Engineer, within the limits of the street right-of-way.

Payment. The contract lump sum price paid for traffic control shall include full compensation for furnishing a Traffic Control Plan, furnishing all labor, materials (including signs), tools, equipment, and incidentals and for doing all the work involved in placing, removing, storing, maintaining and moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. 12-10. Stream Pollution. The Contractor shall exercise precaution to limit the muddying or silting of live streams and drainage channels to the maximum extent practicable, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.

The Contractor’s attention is also directed to Section 7-1.01G, “Water Pollution,” of the Standard Specifications and to Section 13, “Water Pollution Control”, of the Construction Details Section concerning the requirement for submittal to the Engineer for approval a written program for the control of pollution to adjacent drainage courses during the construction of the project. Said written program shall include the erosion control provisions required by Section 13, “Temporary Erosion Control”, of these Construction Details.” 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. The Contractor shall replace promptly and at his own expense any materials and/or workmanship that are faulty or defective during this warranty period.
12-12. Utilities. The owner will not arrange water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). 12-13. Dust Control. Dust control shall conform to the provisions of Section 10 of the Standard Specifications.

Full compensation for dust control shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. This includes the application of water for the purpose of controlling dust caused by public traffic within the project area. The Contractor may at his option use dust palliative in accordance with the provisions of Section 18, “Dust Palliative’” of the Standard Specifications except that the full compensation for applying dust palliative shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore.

All active construction areas shall be watered at least twice daily and more often during hot or windy periods.

The active areas adjacent to the apartment complexes shall be kept damp at all times. Hauling trucks shall be covered or at least a two-foot freeboard shall be maintained.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved or shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

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The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes. Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph
12-14. Noise Control. The Contractor’s attention is directed to the provisions of section 7.1.01I, “Sound Control Requirements", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days.

Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.

The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
12-15. Watering. The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 17, “Watering,” of the Standard Specifications except as modified by these Special Provisions. Full compensation for applying water where called for or as directed by the Engineer and for developing the water supply shall be considered as included in the prices paid for the various contract items and no additional compensation will be made therefore. The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Works Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at the City of Ukiah, 300 Seminary Avenue, phone (707) 463-6228. 12-16. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications. 12-18. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.

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SLURRY SEAL OF LOCAL STREETS 38 Spec NO. 22-01
SECTION 13 - CONSTRUCTION DETAILS
13-01. Location and Scope of Work.

N. Barnes St. Park Blvd N. Side W. Standley St.

N. Barnes St. S. Side W. Standley St. N. Side W. Perkins St.

N. Barnes St. S. Side W. Perkins St. N. Side W. Church St.

Cypress Ave. E. Side Live Oak Ave W. Side Hazel Ave
Cypress Ave. E Side N. Spring St. W. Side N. Bush St.

Dominican Way Maple Ave. End
Dora Ave. E. Side Live Oak Ave W. Side Hazel Ave.

Dora Ave. E. Side Hazel Ave. W Side N. Spring St.

Dora Ave. E Side N. Spring St. N. Side Grove Ave.

Evans St. N State St. End
Fairway Ave. Maple Ave. End
St. Francis Ct. Maple Ave. End
Gibson St. W. Side Pine St. N Bush St.

Hamilton St. Clara Ave. Hospital Dr.

Hazel Ave. N. Side Cypress Ave. N. Side Dora Ave
Hazel Ave. S. Side Dora Ave. N. Side Grove Ave.

Hazel Ave. S. Side Grove Ave. N. Side Walnut
W. Henry St. N. Dora St. State St.

N. Highland Ave. W. Standley St. N. Side Perkins St.

N. Hope St. N. Side W Church St. S. Side W Perkins St.

N. Hope St. N. Side W. Perkins St. S. Side W. Standley St.

N. Hope St. N. Side W. Standley St. Smith St.

N. Hortense St. S. Side W. Standley St. N. Side W. Perkins St.

N. Hortense St. S. Side W. Perkins St. N. Side W. Church St.

Live Oak Ave. Wanut Ave.(TO NEW
PORTION) End
Maple Ave. Valley View Dr. W. Side Live Oak Ave.

Maple Ave. E. Side Live Oak Ave End
Mason St. Clara Ave E Perkins St.

Myron Pl Ford St. End
N. Oak St. Low Gap Rd N. Side Scott St.

N. Oak St. S. Side Scott St. N Side W. Henry St.

N. Oak St. S. Side W. Henry St. N Side W. Smith St.

N. Oak St. S. Side W. Smith St. N. Side W. Standley St.

N. Oak St. S. Side W. Standley St. N. Side W. Perkins St.

N. Oak St. S Side W. Perkins St. N Side W. Church St.

Orr St. Bridge Ford St.

Park Place Park Blvd End
Park Ct. Park Place End
N. Pine St. S. Side Scott St. S. Side Grove Ave.

Ruddock Ave. N School St N Oak St.

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Sidnie St. Ford St. Clara Ave.

W. Standley St. W. Standley Ct. End (West Side)
W. Standley St. W. Standley Ct. W. Side N. Barnes St.

W. Standley St. W. Side N. Barnes St. W. Side Dora St.

W. Standley St. E. Side Dora St. W. Side N. School St.

W. Standley St. E. Side N. Main St. W. Side Mason St.

W. Smith St. N. Barnes St. W. Side N. Spring St.

W. Smith St. E. Side N. Dora St. W. Side N. School St.

W. Smith St. E. Side School St. New Section of Smith St.

W. Smith St. E. Side N. Main St. 40 ft. East of N. Main St.

N. Spring St. Cypress Ave. N. Side Dora Ave.

N. Spring St. S. Side Dora Ave. N. Side Grove Ave.

N. Spring St. S. Side W. Perkins St. N. Side Church St.

Todd Road N Barnes St. Walnut Ave
Willow Ave N. Dora St. E. Side N. Spring St.

Willow Ave W. Side N. Spring St. End of Willow Ave.

The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.
13-02. Existing Highway Facilities. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15 of the Standard Specifications and these Special Provisions.

All existing highway facilities to be removed shall be disposed of at locations outside the highway right-of-way.

Such disposal shall conform to the provisions in Section 7-1.13, “Disposal of Material outside the Highway Right-of-Way.”
Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.
13-03. Preservation of Property. The contractor shall conform to the provisions of Section 7-1.11, “Preservation of Property” of the Standard Specifications and to these Special Provisions. All costs to the Contractor for protecting, removing, modifying, relocating and restoring existing improvements shall be considered as included in the contract prices paid for the various items of work and no additional allowances will be made therefore.

Payment. Full compensation for complying with this section of the Special Provisions shall be considered as included in the prices paid for the various contract items of work, and no additional compensation will be allowed therefore.
13-04. Watering. Developing water supply and applying shall conform to the provisions in Section 17 of the Standard Specifications and these Special Provisions. Water shall not be obtained from any of the nearby property owners without their written permission.

Payment. Full compensation for developing and applying water conforming to the above requirements shall be considered as included in the prices paid for the various contract items of work requiring water, and no additional compensation will be allowed therefore. 13-05. Utility Boxes. Prior to commencing the slurry seal operation, all surface utility covers including but not limited to survey monuments, manholes, water valves, etc. shall be protected by thoroughly covering the surface with an appropriate adhesive and oiled or plastic paper. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of slurry material by the end of the same work day. The Contractor shall take precautions to remove any slurry that may cover these appurtenances.

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13-06 Slurry Seal (TYPE I). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (A) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation:
(B)
GRADATION – TYPE I SLURRY

SIEVE SIZE PERCENTAGE PASSING
3/8 “ -
No. 4 100
No. 8 90 - 100
No. 16 60 - 90
No. 30 40 - 65
No. 200 10 - 20
The aggregate shall also conform to the following quality requirements:

TEST CALIFORNIA TEST REQUIREMENTS
Sand Equivalent 217 45 Minimum
Durability Index 229 55 Minimum
(C) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (D) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work.
(E) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate.

If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.

Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and
(a) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (b) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard.

The spread rate may not vary more than 10 percent above or below the determined rate. (F) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (G) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer.
13-07 Slurry Seal (TYPE II). The slurry seal on streets and facilities, shall be furnished and applied in accordance with the provisions for description, materials, proportioning, mixing, spreading equipment and

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placing of slurry seal, Section 37-3 of the California Standard Specifications and these Specifications. (H) Aggregate. Aggregate for Slurry Seal shall conform to the percentage composition by dry weight of the aggregate to the following graduation:
(I)
GRADATION – TYPE II SLURRY

SIEVE SIZE PERCENTAGE PASSING
3/8 “ 100
No. 4 94 - 100
No. 8 65 - 90
No. 16 40 - 70
No. 30 25 - 50
No. 200 5 - 15
The aggregate shall also conform to the following quality requirements:

TEST CALIFORNIA TEST REQUIREMENTS
Sand Equivalent 217 55 Minimum
Durability Index 229 55 Minimum
(J) Asphaltic Emulsion. Asphaltic emulsion shall be a quick setting type Grade QS1h anionic or Grade CQS1h cationic as specified in the standard specifications. (K) Water. Water shall be such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work.
(L) Proportioning. Asphaltic emulsion shall be added at a rate of 17 percent by weight of the dry aggregate.

If necessary for workability, a retarding agent, that will not adversely affect the seal, may be used.

Water and retarder if used, shall be the minimum amount necessary to ensure proper workability but shall not exceed 20 percent, by volume, of asphalt emulsion used or adding 3 percent, by volume, to the aggregate / asphalt emulsion mixture, and
(c) Will permit uncontrolled traffic on the slurry seal no more than 3 hours after placement without the occurrence of bleeding, raveling, separation or other distress; and (d) Will prevent development of bleeding, raveling, separation or other distress within 7 days after placing the slurry seal. Unless otherwise specified in the special provisions or by the Engineer, slurry seal shall be spread at a rate of 12 pounds of dry aggregate per square yard.

The spread rate may not vary more than 10 percent above or below the determined rate. (M) Measurement. Slurry seal will be measured by the square yard. The quantity of slurry seal to be paid will be based on a spread rate for weight of the dry aggregate of 12 pounds per square yard and the asphalt emulsion added at 17 percent of the dry aggregate spread rate. (N) Payment. The contract price paid per square yard for Slurry Seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including cleaning the surface, mixing water with asphaltic emulsion for coating pavement, and protecting the seal until it has set, all as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer.
13-08. General - Slurry Seal. The Slurry Seal to be constructed under this contract shall be placed over a subgrade consisting of an existing asphalt concrete pavement, as herein required.

Slurry Seal Contractor will perform all necessary street sweeping of the surface upon which the slurry seal is to be applied.

The Contractor shall furnish a project schedule to the Engineer, prior to the start of any work and start work as

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scheduled upon approval of the Engineer.

The Contractor shall attend a pre-construction conference as scheduled by the City representatives. 13-09. Traffic Striping. This work shall consist of applying painted and thermoplastic traffic stripes (traffic lines) and pavement markings at the locations and in conformance with the details shown on the plans or designated by the Engineer, and as specified in these specifications and the special provisions.

The kind of material, paint or thermoplastic, to be applied will be designated in the contract item, specified in the special provisions, or shown on the plans.

For the purposes of this Section, traffic stripes (traffic lines) are defined as longitudinal centerlines and lane lines which separate traffic lanes in the same or opposing direction of travel, and longitudinal edge lines which mark the edge of the traveled way or the edge of the lanes at gore areas separating traffic at exit and entrance ramps.

Pavement markings are defined as transverse markings which include, but are not limited to, word and symbol markings, limit lines (stop lines), crosswalk lines, shoulder markings, parking stall markings and railroad grade crossing markings.

Control of Alignment and Layout. All work necessary to establish satisfactory alignment for stripes and all layout work required for pavement markings shall be performed by the Contractor with any device or method that will not damage the pavement nor conflict with other traffic control devices.

Tolerances and Appearance. Traffic stripes and pavement markings shall conform to the dimensions and details shown on the plans.

Completed traffic stripes shall have clean and well-defined edges without running or deformation, shall be uniform, shall be straight on tangent alignment and shall be on a true arc on curved alignment. The widths of completed traffic stripes shall not deviate more than 1/4 inch on tangent nor more than 1/2 inch on curves from the widths shown on the plans. Broken traffic stripes shall also conform to the following requirements:

A. The lengths of the gaps and individual stripes that form broken traffic stripes shall not deviate more than 2 inches from the lengths shown on the plans.

B. The lengths of the gaps and individual stripes shall be of such uniformity throughout the entire length of each broken traffic stripe that a normal striping machine will be able to repeat the pattern and superimpose additional stripes upon the traffic stripe being applied.

The completed pavement markings shall have clean and well-defined edges without running or deformation and shall conform to the dimensions shown on the plans, except that minor variations may be accepted by the Engineer.

Drips, overspray, improper markings and paint and thermoplastic material tracked by traffic shall be immediately removed from the pavement surface by methods approved by the Engineer. All this removal work shall be at the Contractor's expense.

Protection from Damage. The Contractor shall take special care to protect existing reflective pavement markers and shall, at the Contractor's expense, replace all coated markers.

Newly placed traffic stripes and pavement markings shall be protected from damage by public traffic or other causes until the paint is thoroughly dry or the thermoplastic material has sufficiently hardened. 13-10. Removal of Stripes and Markings. Sandblasting of traffic stripes shall not be permitted. Removal of traffic stripes shall be by grinding, or by other methods approved in writing by the Engineer. Drain inlets adjacent to areas to be ground shall be protected from grindings entering the storm drain system. For removal of pavement markings, a rectangular area shall be ground to prevent ghosting of the original marking and be covered with rectangular area of Type II slurry. Conflicting striping shall be removed completely. Type II slurry of conflicting striping is required when it crosses the new traveled lane. When this occurs, the entire lane shall be slurried from lane line to lane line over the entire length of the conflicting striping. This requirement will not apply to ceramic markers unless specified on the plans.

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SLURRY SEAL OF LOCAL STREETS 43 Spec NO. 22-01
13-11. Thermoplastic Pavement Markings. This work shall consist of furnishing and applying thermoplastic pavement markings, including glass beads in accordance with Section 84-2 “Thermoplastic Traffic Stripes and Pavement Markings” and these Special Provisions.

Measurement. Thermoplastic pavement markings are a lump sum item.

Payment. The lump sum contract price paid for thermoplastic traffic markings of the widths and patterns designated in the project plans and as specified herein, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in removing existing thermoplastic traffic markings, applying thermoplastic traffic markings, complete in place, including establishing alignment for markings, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-12. Pavement Markings. Pavement markings which include crosswalks, parking stalls, ADA markings, STOP bars, and “STOP” markings shall be painted and shall have glass beads applied as per the plans in accordance with Section 84, “Traffic Stripes and Pavement Markings” of the Standard Specifications except as provided herein, the Standard Plans, and these Special Provisions. Contractor shall reference all existing pavement markings prior to any slurry seal taking place on those streets that have pavement markings.

All pavement crosswalks and markings shall be applied in thermoplastic unless otherwise noted.

Measurement. Painting pavement markings are a lump sum item.

Payment. The lump sum contract price paid for painted traffic markings of the widths and patterns designated in the project plans and as specified herein for painted pavement markings, shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting pavement markings(regardless of the number, widths and patterns of individual markings involved at each location) including removal of existing painted traffic markings, establishing alignment for markings, complete in place, as shown on the plans, as specified in these specifications and the Special Provisions, and as directed by the Engineer. 13-13. Pavement Markers. All pavement markers are reflective pavement markers shall be installed as described in the following respective sections.

Measurement. Placing reflective and non-reflective pavement markers are a lump sum item.

Payment. The lump sum contract price paid per reflective and non-reflective pavement markers shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in placing pavement markers. 13-14. Reflective Pavement Markers (Blue). Blue raised reflective pavement markers shall be placed on streets to mark fire hydrants. Blue reflective pavement markers shall be placed 6 inches from the centerline stripe, or approximate center of the pavement where there is no centerline stripe, on the side nearest the fire hydrant. All pavement makers shall conform to the provisions in Section 85 of the California Standard Specifications. Pavement Adhesive used to install pavement markers shall conform to the requirements of Section 85 of the California Standard Specifications
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site

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SLURRY SEAL OF LOCAL STREETS 44 Spec NO. 22-01
(2) Section 7-03. Surveys
No other exclusions.

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended.

The following designated sections of the Special Provisions0+are hereby amended to read as follows:

No amendments.

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SLURRY SEAL OF LOCAL STREETS 45 Spec NO. 22-01

BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:

Did you include?...
o Proposal (Page 35)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 37)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 38)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 39)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 40)
 Filled out completely per instruction
o Statement of Experience (Page 41)
o Signature of Bidder (Page 42)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 43)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 44)
 Filled out completely per instruction
 Notarized
o Addenda Issued
 Signed and Returned

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SLURRY SEAL OF LOCAL STREETS 46 Spec NO. 22-01

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

SLURRY SEAL OF LOCAL STREETS
Specification No.20-01
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

AND he or she proposes and agrees, if this proposal is accepted, 1) That he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained
a) To provide all necessary machinery, tools, apparatus and other means of construction; b) To furnish all materials;
c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) To pay all charges of freight transportation and hauling; 2) That he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and
3) That he or she will accept as full payment therefor the following sum

BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:

1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;

2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

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SLURRY SEAL OF LOCAL STREETS 47 Spec NO. 22-01
The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.

The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.

Lowest bid will be based on the lowest Base Bid.

NAME OF BIDDER:

SPEC #: 22-01
PROJECT NAME: SLURRY SEAL OF LOCAL STREETS
ITEM
NO. DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENDED PRICE 1 Traffic Control 1 LS $____________ $_________________________ 2 Slurry Seal 123,082 SY $____________ $_________________________ 3 Solid Yellow 4" Traffic
Stripe 1549 LF $____________ $_________________________ 4 Solid White 4” Traffic
Stripe 48 LF $____________ $_________________________
5 Solid Double Yellow 4"
Traffic Stripe 688 LF $____________ $_________________________ 6 Broken Yellow 4"
Traffic Stripe 13,263 LF $____________ $_________________________ 7 Solid White 8” Stripe 164 LF $____________ $_________________________ 8 Thermoplastic White
Crosswalk 1,972 LF $____________ $_________________________ 9 Thermoplastic Yellow
Crosswalk 1,290 LF $____________ $_________________________ 10 Thermoplastic Ladder
Crosswalk 5,422 SF $____________ $_________________________ 11 Thermoplastic Stop
Bar 788 LF $____________ $_________________________
12 Thermoplastic
Pavement Markings 1 LS $____________ $_________________________

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SLURRY SEAL OF LOCAL STREETS 48 Spec NO. 22-01
13 Pavement Markings 1 LS $____________ $_________________________ 14 Pavement Markers 1 LS $____________ $_________________________ We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

Licensed in accordance with an act providing for the registration of California Contractors License No. ___________, expiration date _____________.

THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY.

Department of Industrial Relations Public Works Contractor Registration Number: _____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO: _____________________________________________________________ ________________________________________________________________

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SLURRY SEAL OF LOCAL STREETS 49 Spec NO. 22-01
The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

SLURRY SEAL OF LOCAL STREETS
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

WORKER'S COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract.

Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

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SLURRY SEAL OF LOCAL STREETS 50 Spec NO. 22-01

CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.

Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)

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SLURRY SEAL OF LOCAL STREETS 51 Spec NO. 22-01

LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR
DIR

REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION

OF WORK

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SLURRY SEAL OF LOCAL STREETS 52 Spec NO. 22-01

STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

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SLURRY SEAL OF LOCAL STREETS 53 Spec NO. 22-01

SIGNATURE(S) OF BIDDER
Accompanying this proposal is ___________________________________ (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Licensed in accordance with an act providing for the registration of Contractors:

License No. ______________________________, License Expiration Date .

Signature(s) of Bidder: ______________________________________________ ______________________________________________
______________________________________________
NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________

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