Ukiah City Council
December 21, 2022

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:
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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.

December 21, 2022 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Presentation Honoring Retiree Ken Ronk for His Years of Service to the City of Ukiah.

Recommended Action: Present Certificates and invite input from Department Directors.

Attachments:

1. Certificate of Retirement for Ken Ronk

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the December 7, 2022, Regular Meeting.

Recommended Action: Approve the Minutes of the December 7, 2022, Regular Meeting.

Attachments:

1. 5a 2022-12-07 Draft Minutes

7. 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.

8. 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.

8.a. Report of Disbursements for the Month of November 2022.

Recommended Action: Approve the Report of Disbursements for the Month of November 2022.

Attachments:

1. November 2022 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. November 2022 Disbursement Detail

8.b. Approval of a Budget Amendment in the Amount of $19,079 for Mead & Hunt Construction Administration Services Agreement.

Recommended Action: Approve a Budget Amendment in the Amount of $19,076 for Mead & Hunt Construction Administration Services Agreement.

Attachments:

1. Contract Amendment Request

8.c. Adoption of Resolution Approving Amendment to Standard Agreement 20-CDBG-CV2-3-00081 to Transfer Funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and Approve Corresponding Budget Amendments if Standard Agreement Amendments are Approved by the California Department of Housing and Community Development (HCD).

Recommended Action: Adopt the resolution approving an amendment to Standard Agreement 20- CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD).

Attachments:

1. Resolution- Amendment to 20-CDBG-CV2-3-00081

8.d. Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare an Updated Demolition Ordinance; Approval of Contract Amendment with Mintier Harnish; and Approval of Corresponding Budget Amendment.

Recommended Action: Approve scope of work for Rincon to prepare an updated demolition ordinance, approve a contract amendment with Mintier Harnish, and approve a corresponding budget amendment.

Attachments:

1. Demolition Ordinance Update Proposal_Rincon

2. C #1819190 draft amendment 4

8.e. Approval of Notice of Completion for Wipf Construction for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

Recommended Action: Approve the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, and direct the City Clerk to file the notice with the County Recorder.

Attachments:

1. Spec 22-08 Trench Work at the UVCC

2. Bid Results - Trench Work at the UVCC

3. Notice of Completion Spec 22-08

8.f. Approval of a Budget Amendment in the Amount of $77,000 to Cover Ice Rink Personnel Costs which were Inadvertently Omitted During the Budget Process.

Recommended Action: Approve budget amendment of $77,000.00 for Ice Rink Personnel Costs.

Attachments: None

8.g. Approval of Budget Amendment in the Amount of $437,676.65 for Specification 19-01 Dora Utility Improvement Project.

Recommended Action: Approve budget amendment in the amount of $437,676.65 for Spec 19-01 Dora Utility Improvement Project.

Attachments: None

9. 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 that is within the subject matter jurisdiction of the City Council, 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.

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (6:15 PM)

13. UNFINISHED BUSINESS

13.a. Consider Adoption of Resolution Adopting a 2023 Advocacy Platform to Serve as Guidelines for Local, State, and Federal Legislative Matters.

Recommended Action: Adopt resolution adopting a 2023 Advocacy Platform to serve as guidelines for local, state, and federal legislative, administrative, regulatory and court matters.

Attachments:

1. Advocacy Platform_2023_redlined

2. Advocacy Platform and Resolution_2023_clean

3. 2023 League of CA Cities Priorities

14. NEW BUSINESS

14.a. Adoption of Resolution Extending the Terms of Three Members of the Planning Commission Until Seats are Filled Through the Appointment Process.

Recommended Action: Adopt the resolution extending the terms of three members of the Planning Commission until seats are filled through the appointment process.

Attachments:

1. Resolution - Planning Commission

14.b. Review and Consider the Fiscal Year 2023-24 Budget Development Schedule.

Recommended Action: Receive and consider the City's operating and capital budget development and adoption schedule for the 2023-24 fiscal year.

Attachments:

1. Budget Schedule 2023-24

14.c. Discussion and Possible Action Regarding the Cancellation of the January 18, 2023, Regular City Council Meeting, and the Scheduling of a Special City Council Meeting on January 11, 2023, or Alternate Date if Desired.

Recommended Action: Approve the cancellation of the January 18, 2023, Regular City Council Meeting, and the scheduling of a Special City Council Meeting to be held on January 11, 2023.

Attachments: None

14.d. Receive Updates on City Council Committee and Ad Hoc Assignments, and Initiate Review of the 2023 Council Assignments List.

Recommended Action: 1) Receive report(s); 2) Initiate review of the 2023 Special Assignments, which will be finalized at the January 2023 Council Meeting.

Attachments:

1. Draft 2023 City Council Special Assignments

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

15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (2 cases)

15.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 case))

15.c. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048

15.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-2018-70200

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-190-11
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Dave Hull
Under Negotiation: Price & Terms of Payment
Recommended Action: None
Attachments: None

15.g. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment

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

15.i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager

16. ADJOURNMENT
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, City Clerk
Dated: 12/16/22

Agenda Item No: 4.a.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-2280

AGENDA SUMMARY REPORT
SUBJECT: Presentation Honoring Retiree Ken Ronk for His Years of Service to the City of Ukiah.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Greg Owen, Airport Manager
ATTACHMENTS:

1. Certificate of Retirement for Ken Ronk
Summary: The City Council will honor Ken Ronk for His Years of Service to the City of Ukiah.

Background: Ken Ronk, Ukiah Airport Assistant will be retiring at the end of December, 2022, from his position with the City of Ukiah.

Discussion: The City Council will present a certificate honoring Ken Ronk at the December 21, 2022, City Council meeting.

Recommended Action: Present Certificates and invite input from Department Directors.

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

City of Ukiah
Presents to
Upon the occasion of your retirement from
This certificate is given as a testimonial of your exceptional dedication and important contributions during your time with the City of Ukiah.

We thank you for your more than 18 years of dedicated service (11/2/2004 to 12/31/2022) and
wish you much happiness in your retirement.
 December 21, 2022
____________________ ____________________
Mari Rodin Sage Sangiacomo
Mayor City Manager
____________________
Greg Owen
Airport Manager
ATTACHMENT 1

AGENDA ITEM 5a

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
December 7, 2022
5:30 p.m.
5:30 – Mayor’s Reception – The City Council and Staff held a reception in the lobby to honor the outgoing Mayor Jim. O. Brown.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on December 7, 2022, having been legally noticed on December 2, 2022. The meeting was held in person and virtually at the following link:
https://zoom.us/j/97199426600. Mayor Brown called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Douglas, F. Crane Mari Rodin, Josefina Dueňas, and Jim O. Brown. Councilmember Elect Present: Susan Sher. 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 led by Mayor Brown.

3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Adoption of Resolution Declaring Results of Statewide General Municipal Election of November 8, 2022, and Swearing in Ceremony for Newly Elected Councilmembers.

Presenter: Kristine Lawler, City Clerk.

Motion/Second: Orozco/Rodin to adopt Resolution (2022-76) reciting the fact of the General Municipal Election held on November 8, 2022, Declaring the results and such other matters as provided by law; direct the City Clerk to enter into the minutes a statement of results; and direct the City Clerk to present the Certificates of Election and administer the Oaths of Office to the newly elected officials. Motion carried by the following roll call votes: AYES: Orozco, Crane, Rodin, Duenas, and Mayor Brown. NOES: None. ABSENT: None. ABSTAIN: None.

The Clerk read the statement of the election results into the record. (Statement of the County results are attached)
Outgoing Mayor Brown made some final remarks, passed the gavel, and stepped off the Dais.

City Clerk, Kristine Lawler, administered the Oaths of Office, and incoming Councilmember Susan Sher took a seat on the Dais.

CITY CLERK, KRISTINE LAWLER PRESIDING
RECESS: 6:14 – 6:21 P.M.

City Council Minutes for December 7, 2022, Continued:

b. Appointment of New Mayor and Vice Mayor, and Reorganization of Council.

Presenter: Kristine Lawler, City Clerk.

Public Comment: Linda Hacinco, Max Hare, and Judy Luria.

Motion by Orozco to nominate and appoint Councilmember Rodin as Mayor.

Motion died for lack of a second.

Motion by Councilmember Duenas to appoint Councilmember Sher as Mayor.

Motion died as Councilmember Sher declined to take the position as Mayor.

Motion/Second: Orozco/Sher to nominate and appoint Councilmember Rodin as Mayor and Councilmember Duenas as Vice Mayor, and approve remaining Council seats (Seat #1 – Councilmember Orozco; Seat #2 – Councilmember Sher; Seat #3 – Councilmember Crane). Motion carried by the following roll call votes: AYES: Orozco, Rodin, Crane, Duenas, and Sher. NOES:

None. ABSENT: None. ABSTAIN: None.

MAYOR RODIN PRESIDING.

4. PETITIONS AND COMMUNICATIONS
Clerk stated that all communications had been distributed.

5. APPROVAL OF MINUTES
a. Approval of the Minutes for the November 16, 2022, Regular Meeting. b. Approval of the Minutes for the November 28, 2022, Special Meeting.

Motion/Second: Orozco/Rodin to approve Minutes of November 16, 2022, a regular meeting; and November 28, 2022, a special meeting, as submitted. Motion carried by the following roll call votes:

AYES: Orozco, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: Sher.

6. RIGHT TO APPEAL DECISION

7. CONSENT CALENDAR
a. Authorize the City Manager to Negotiate and Execute a Memorandum of Understanding (COU No. 2223-145) with the Mendocino Land Trust to Collaborate on the Assessment and Management of City Owned Open Spaces – Community Services. b. Approve Budget Amendment in the Amount of $5,474 for the Replacement of Failing Dimmer Switches in the Grace Hudson Museum – Community Services. c. Approval of a Budget Amendment in the Amount of $13,327 for the Renewal of Zoom Video Communications - Finance.
d. Approval of Notice of Completion for Doolittle Construction, LLC for the 2022 Slurry Seal of Local Streets, Specification 22-01, Approval of a Corresponding Budget Amendment, and Direction to the City Clerk to File the Notice of Completion with the County Recorder – Public Works.

City Council Minutes for December 7, 2022, Continued:

e. Report to Council for the Purchase of Services from Universal Coatings (COU No. 2223-141) for Multiple Roof Repairs at the Waste Water Treatment Plant, in the Amount of $59,000 – Public Works.
f. Approval of a Budget Amendment for the Re-Roof of a Portion of the Civic Center Roof - Finance.

g. Adoption of Resolution (Reso 2022-77) 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 COVID-19 Pandemic – City Attorney.

Motion/Second: Crane/Orozco to approve Consent Calendar Items 7a-7g, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES:

None. ABSENT: None. ABSTAIN: None.

8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS

Public Comment: Vice Mayor Duenas – 763 South Oak St. issues.

9. COUNCIL REPORTS
Presenter:

10. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
 Construction Update – Tim Eriksen, Public Works Director / City Engineer.  FEMA Flood Plain – Tim Eriksen, Public Works Director / City Engineer.  Budget Update – Dan Buffalo, Finance Director.
 Updated Staff Report Sections – Shannon Riley, Deputy City Manager Public Comment: Steven Scalmanini – flood plain at Gibson creek.

11. PUBLIC HEARINGS (6:15 PM)
a. Public Hearing and Consideration of the Ukiah 2040 General Plan including 1) Adoption of a Resolution Certifying the Environmental Impact Report, Adopting Findings of Fact; Adopting a Statement of Overriding Considerations; and Approving a Mitigation, Monitoring, and Reporting Program; and 2) Adoption of a Resolution adopting the Ukiah 2040 General Plan.

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

PUBLIC HEARING OPENED AT 7:35 P.M.

Public Comment: Linda Sanders, Eileen Mitro, Pinky Kushner.

PUBLIC HEARING CLOSED AT 7:43 P.M.

City Council Minutes for December 7, 2022, Continued:

Motion/Second: Orozco/Sher to adopt the Resolution (2022-78) certifying the EIR, adopting the Findings of Fact (Attachment 4) and a Statement of Overriding Considerations; and approving a Mitigation, Monitoring, and Reporting Program. Motion carried by the following roll call votes: AYES:

Orozco, Sher, Rodin, and Duenas. NOES: None. ABSENT: Crane. ABSTAIN: None.

Motion/Second: Crane/Orozco to adopt the Resolution (2022-79) adopting the Ukiah 2040 General Plan. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin.

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

RECESS: 7:48 – 7:54 P.M.

12. UNFINISHED BUSINESS
a. Consideration and Acceptance of Contract Pertaining to Wood, Green, and Mixed Organic Waste.

Presenters: Dan Buffalo, Finance Director and Tim Eriksen, Public Works Director/City Engineer.

Company Owner Comment: Martin Mileck.

Public Comment: Susan Knopf and Martin Mileck.

Motion/Second: Orozco/Duenas to accept the agreement (Non-City agreement) between Pacific Recycling Solutions, Ukiah Waste Solutions, and Solid Waste Systems, and incorporate the agreement as Exhibit D to the agreements between the City and Ukiah Waste Solutions and Solid Waste Systems. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.
b. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates in Compliance with Solid Waste Contracts.

Presenters: Dan Buffalo, Finance Director and Tim Eriksen, Public Works Director/City Engineer.

Public Comment: Steve Scalamini.

Motion by Vice Mayor Duenas to create an ad hoc to adjust the rates.

Mayor Rodin asked for the motion to move to agenda item 13c under Council ad hocs.

Motion/Second: Crane/Orozco to confirm the determination of the City Manager, as reported, of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. (COU No. 1718-162) and Solid Waste Systems, Inc. (COU No. 1516-126) regarding the company's notice of intent to adjust curbside collection and transfer station rates. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES: None.

ABSENT: None. ABSTAIN: None.
c. Approval of Award of Contract to Magellan Broadband for Implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to Negotiate and Execute Agreement, and Approve Corresponding Budget Amendments.

Presenter: Jim Robbins, Community Development Grants Manager.

City Council Minutes for December 7, 2022, Continued:

Motion/Second: Duenas/Crane to approve award of contract (COU No. 2223-146) to Magellan Broadband for implementation of the “Digital Infrastructure Design and Implementation Plan” in the amount of up to $252,339, Authorize the City Manager to negotiate and execute an agreement, and authorize corresponding budget amendments. Motion carried by the following roll call votes: AYES:

Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.

13. NEW BUSINESS
a. Authorization for City Manager to Negotiate and Execute Joint Venture Agreement with County of Mendocino for Conversion of the Low Gap Park Tennis Courts to Pickleball Courts.

Presenters: Neil Davis, Community Services Director and Marianne Davison, Senior Recreation Coordinator.

Motion/Second: Duenas/Crane to authorize the City Manager to negotiate and execute a joint venture agreement (COU No. 2223-147) with the County of Mendocino for Conversion of the Low Gap Tennis Courts to Pickleball Courts. Motion carried by the following roll call votes: AYES:

Orozco, Sher, Crane, Duenas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None. b. Discussion of Brown Act Updates for 2023, and Adoption of Resolution Modifying Agenda Order.

Presenter: Darcy Vaughn, Assistant City Attorney.

Motion/Second: Crane/Orozco to adopt resolution (2022-80) modifying the agenda order. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Duenas, and Rodin. NOES:

None. ABSENT: None. ABSTAIN: None.
c. 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).

Presenter: Mayor Rodin.

Mayor Directive – and Vice Mayor Duenas agreed - to wait to form a garbage rate ad hoc until the annual Special Assignments and Ad Hoc discussion in January.

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 – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. 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

City Council Minutes for December 7, 2022, Continued:

d. Conference with Legal Counsel – Existing Litigation
(Cal. Gov’t Code Section 54956.9(d)(1))
Name of case: Arturo Flores Valdes et al., (Fed. Dist. Ct., N.D. Cal.) 22-CV-03125 RMI e. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 157-070-04, 001-040-84, 001-040-82, 001-040-65 Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Dave Hull and Grady Huff
Under Negotiation: Price & Terms of Payment
f. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held.

15. ADJOURNMENT
There being no further business, the meeting adjourned at 9:11 p.m. ________________________________
Kristine Lawler, City Clerk/CMC

ATTACHMENT 1

GOVERNOR - Vote for One
Choice Party Polling Vote By Mail Total
GAVIN NEWSOM 310 48.97% 18,721 62.90% 19,031 62.61%
BRIAN DAHLE 323 51.03% 11,040 37.10% 11,363 37.39%
Cast Votes: 633 100.00% 29,761 100.00% 30,394 100.00%
Undervotes: 12 596 608
Overvotes: 1 5 6
LIEUTENANT GOVERNOR - Vote for One
Choice Party Polling Vote By Mail Total
ELENI KOUNALAKIS 319 50.80% 19,204 65.32% 19,523 65.01% ANGELA E. UNDERWOOD JACOBS 309 49.20% 10,198 34.68% 10,507 34.99% Cast Votes: 628 100.00% 29,402 100.00% 30,030 100.00%
Undervotes: 17 954 971
Overvotes: 1 6 7
SECRETARY OF STATE - Vote for One
Choice Party Polling Vote By Mail Total
SHIRLEY N. WEBER 327 52.07% 19,256 65.48% 19,583 65.20% ROB BERNOSKY 301 47.93% 10,150 34.52% 10,451 34.80%
Cast Votes: 628 100.00% 29,406 100.00% 30,034 100.00%
Undervotes: 17 952 969
Overvotes: 1 4 5
CONTROLLER - Vote for One
Choice Party Polling Vote By Mail Total
LANHEE J. CHEN 313 50.00% 10,824 36.88% 11,137 37.15%
MALIA M. COHEN 313 50.00% 18,529 63.12% 18,842 62.85%
Cast Votes: 626 100.00% 29,353 100.00% 29,979 100.00%
Undervotes: 19 1,004 1,023
Overvotes: 1 5 6
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%
ATTACHMENT 1 Placeholder for the Certificate of County Clerk to Result of the Canvass of the Statewide General Election Held on November 8, 2022

TREASURER - Vote for One
Choice Party Polling Vote By Mail Total
JACK M. GUERRERO 301 48.16% 10,325 35.24% 10,626 35.51% FIONA MA 324 51.84% 18,973 64.76% 19,297 64.49%
Cast Votes: 625 100.00% 29,298 100.00% 29,923 100.00%
Undervotes: 20 1,062 1,082
Overvotes: 1 2 3
ATTORNEY GENERAL - Vote for One
Choice Party Polling Vote By Mail Total
NATHAN HOCHMAN 297 47.60% 10,282 35.14% 10,579 35.40%
ROB BONTA 327 52.40% 18,980 64.86% 19,307 64.60%
Cast Votes: 624 100.00% 29,262 100.00% 29,886 100.00%
Undervotes: 21 1,098 1,119
Overvotes: 1 2 3
INSURANCE COMMISSIONER - Vote for One
Choice Party Polling Vote By Mail Total
RICARDO LARA 319 51.12% 19,071 65.54% 19,390 65.24%
ROBERT HOWELL 305 48.88% 10,028 34.46% 10,333 34.76%
Cast Votes: 624 100.00% 29,099 100.00% 29,723 100.00%
Undervotes: 21 1,260 1,281
Overvotes: 1 3 4
MEMBER, ST BD OF EQUAL - 2ND DIST - Vote for One
Choice Party Polling Vote By Mail Total
PETER COE VERBICA 295 47.43% 10,109 35.03% 10,404 35.29% SALLY J. LIEBER 327 52.57% 18,750 64.97% 19,077 64.71%
Cast Votes: 622 100.00% 28,859 100.00% 29,481 100.00%
Undervotes: 23 1,500 1,523
Overvotes: 1 3 4
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

US SENATE - FULL TERM - Vote for One
Choice Party Polling Vote By Mail Total
MARK P. MEUSER 295 47.28% 10,111 34.24% 10,406 34.51%
ALEX PADILLA 329 52.72% 19,416 65.76% 19,745 65.49%
Cast Votes: 624 100.00% 29,527 100.00% 30,151 100.00%
Undervotes: 21 824 845
Overvotes: 1 11 12
US SENATE - PARTIAL TERM - Vote for One
Choice Party Polling Vote By Mail Total
MARK P. MEUSER 299 47.92% 9,999 34.17% 10,298 34.46%
ALEX PADILLA 325 52.08% 19,264 65.83% 19,589 65.54%
Cast Votes: 624 100.00% 29,263 100.00% 29,887 100.00%
Undervotes: 21 1,094 1,115
Overvotes: 1 5 6
US HOUSE OF REP - 2ND DIST - Vote for One
Choice Party Polling Vote By Mail Total
DOUGLAS BROWER 286 45.76% 9,640 32.63% 9,926 32.90%
JARED HUFFMAN 339 54.24% 19,901 67.37% 20,240 67.10%
Cast Votes: 625 100.00% 29,541 100.00% 30,166 100.00%
Undervotes: 20 816 836
Overvotes: 1 5 6
STATE SENATE - 2ND DIST - Vote for One
Choice Party Polling Vote By Mail Total
GENE YOON 287 45.92% 9,655 32.73% 9,942 33.00%
MIKE MCGUIRE 338 54.08% 19,845 67.27% 20,183 67.00%
Cast Votes: 625 100.00% 29,500 100.00% 30,125 100.00%
Undervotes: 20 858 878
Overvotes: 1 4 5
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

ASSEMBLY - 2ND DIST - Vote for One
Choice Party Polling Vote By Mail Total
CHARLOTTE SVOLOS 287 46.14% 9,743 33.24% 10,030 33.50%
JIM WOOD 335 53.86% 19,572 66.76% 19,907 66.50%
Cast Votes: 622 100.00% 29,315 100.00% 29,937 100.00%
Undervotes: 23 1,044 1,067
Overvotes: 1 3 4
For Chief Justice of California - Patricia Guerrero
Choice Party Polling Vote By Mail Total
YES 308 62.86% 16,733 72.69% 17,041 72.48%
NO 182 37.14% 6,288 27.31% 6,470 27.52%
Cast Votes: 490 100.00% 23,021 100.00% 23,511 100.00%
Undervotes: 156 7,335 7,491
Overvotes: 0 6 6
For Assosicate Justice of Supreme Court - Goodwin Liu
Choice Party Polling Vote By Mail Total
YES 289 59.71% 15,803 71.15% 16,092 70.90%
NO 195 40.29% 6,409 28.85% 6,604 29.10%
Cast Votes: 484 100.00% 22,212 100.00% 22,696 100.00%
Undervotes: 162 8,145 8,307
Overvotes: 0 5 5
For Assosicate Justice of Supreme Court - Martin J. Jenkins Choice Party Polling Vote By Mail Total
YES 279 59.49% 15,238 70.19% 15,517 69.97%
NO 190 40.51% 6,471 29.81% 6,661 30.03%
Cast Votes: 469 100.00% 21,709 100.00% 22,178 100.00%
Undervotes: 177 8,647 8,824
Overvotes: 0 6 6
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

For Assosicate Justice of Supreme Court - Joshua P. Groban Choice Party Polling Vote By Mail Total
YES 262 56.34% 15,016 69.54% 15,278 69.26%
NO 203 43.66% 6,578 30.46% 6,781 30.74%
Cast Votes: 465 100.00% 21,594 100.00% 22,059 100.00%
Undervotes: 181 8,761 8,942
Overvotes: 0 7 7
For Assosicate Justice of Appeal, 1st District, Divison 2 - Therese M. Stewart Choice Party Polling Vote By Mail Total
YES 272 58.62% 14,960 70.61% 15,232 70.36%
NO 192 41.38% 6,226 29.39% 6,418 29.64%
Cast Votes: 464 100.00% 21,186 100.00% 21,650 100.00%
Undervotes: 182 9,170 9,352
Overvotes: 0 6 6
For Presiding Justice of Appeal, 1st District, Divison 3 - Alison M. Tucher Choice Party Polling Vote By Mail Total
YES 268 58.01% 14,899 70.86% 15,167 70.58%
NO 194 41.99% 6,128 29.14% 6,322 29.42%
Cast Votes: 462 100.00% 21,027 100.00% 21,489 100.00%
Undervotes: 184 9,331 9,515
Overvotes: 0 4 4
For Assosicate Justice of Appeal, 1st District, Divison 3 - Victor A. Rodriguez Choice Party Polling Vote By Mail Total
YES 257 56.11% 14,336 69.16% 14,593 68.88%
NO 201 43.89% 6,392 30.84% 6,593 31.12%
Cast Votes: 458 100.00% 20,728 100.00% 21,186 100.00%
Undervotes: 188 9,631 9,819
Overvotes: 0 3 3
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

For Assosicate Justice of Appeal, 1st District, Divison 3 - Ioana Petrou Choice Party Polling Vote By Mail Total
YES 266 58.46% 14,453 69.58% 14,719 69.34%
NO 189 41.54% 6,318 30.42% 6,507 30.66%
Cast Votes: 455 100.00% 20,771 100.00% 21,226 100.00%
Undervotes: 191 9,588 9,779
Overvotes: 0 3 3
For Assosicate Justice of Appeal, 1st District, Divison 3 - Carin T. Fujisaki Choice Party Polling Vote By Mail Total
YES 266 58.46% 14,482 69.72% 14,748 69.48%
NO 189 41.54% 6,290 30.28% 6,479 30.52%
Cast Votes: 455 100.00% 20,772 100.00% 21,227 100.00%
Undervotes: 191 9,586 9,777
Overvotes: 0 4 4
For Assosicate Justice of Appeal, 1st District, Divison 4 - Tracie L. Brown Choice Party Polling Vote By Mail Total
YES 261 57.49% 14,914 71.54% 15,175 71.24%
NO 193 42.51% 5,933 28.46% 6,126 28.76%
Cast Votes: 454 100.00% 20,847 100.00% 21,301 100.00%
Undervotes: 192 9,506 9,698
Overvotes: 0 9 9
For Assosicate Justice of Appeal, 1st District, Divison 4 - Jeremy M. Goldman Choice Party Polling Vote By Mail Total
YES 259 57.43% 14,173 68.49% 14,432 68.26%
NO 192 42.57% 6,520 31.51% 6,712 31.74%
Cast Votes: 451 100.00% 20,693 100.00% 21,144 100.00%
Undervotes: 195 9,668 9,863
Overvotes: 0 1 1
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

For Presiding Justice of Appeal, 1st District, Divison 5 - Teri L. Jackson Choice Party Polling Vote By Mail Total
YES 266 58.59% 14,519 71.01% 14,785 70.75%
NO 188 41.41% 5,926 28.99% 6,114 29.25%
Cast Votes: 454 100.00% 20,445 100.00% 20,899 100.00%
Undervotes: 192 9,908 10,100
Overvotes: 0 9 9
For Assosicate Justice of Appeal, 1st District, Divison 5 - Gordon B. Burns Choice Party Polling Vote By Mail Total
YES 256 57.66% 13,989 69.47% 14,245 69.21%
NO 188 42.34% 6,148 30.53% 6,336 30.79%
Cast Votes: 444 100.00% 20,137 100.00% 20,581 100.00%
Undervotes: 202 10,224 10,426
Overvotes: 0 1 1
SUPERINTENDENT OF PUBLIC INSTRUCTION - Vote for One
Choice Party Polling Vote By Mail Total
TONY K. THURMOND 286 59.21% 16,810 71.16% 17,096 70.92% LANCE RAY CHRISTENSEN 197 40.79% 6,813 28.84% 7,010 29.08% Cast Votes: 483 100.00% 23,623 100.00% 24,106 100.00%
Undervotes: 162 6,731 6,893
Overvotes: 1 8 9
POTTER VALLEY COMMUNITY UNIFIED SCHOOL DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total
JOHN MARCH 16 44.44% 577 48.90% 593 48.77%
KAREN RIORDAN 10 27.78% 317 26.86% 327 26.89%
RONNIE ODNEAL 10 27.78% 286 24.24% 296 24.34%
Cast Votes: 36 100.00% 1,180 100.00% 1,216 100.00%
Undervotes: 12 428 440
Overvotes: 1 0 1
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

ROUND VALLEY UNIFIED SCHOOL DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
PETER BAUER 0 0.00% 342 26.97% 342 26.97%
AMANDA BRITTON 0 0.00% 353 27.84% 353 27.84%
DOUGLAS E. HUTT, JR. 0 0.00% 229 18.06% 229 18.06%
CYNTHIA E. O'FERRALL 0 0.00% 344 27.13% 344 27.13%
Cast Votes: 0 0.00% 1,268 100.00% 1,268 100.00%
Undervotes: 0 409 409
Overvotes: 0 0 0
WILLITS UNIFIED SCHOOL DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
JEFFERY RITCHLEY 40 7.37% 621 6.59% 661 6.63%
ROBERT CHAVEZ 79 14.55% 1,355 14.37% 1,434 14.38%
COLBY FRIEND 60 11.05% 867 9.19% 927 9.30%
DAVID LILKER 67 12.34% 1,151 12.21% 1,218 12.21%
PAULA NUNEZ 75 13.81% 1,515 16.07% 1,590 15.94%
JENNIFER M. SOOKNE 85 15.65% 1,495 15.85% 1,580 15.84%
JEANNE KING 98 18.05% 1,676 17.77% 1,774 17.79%
APRIL LAMPRICH (W) 39 7.18% 750 7.95% 789 7.91%
Cast Votes: 543 100.00% 9,430 100.00% 9,973 100.00%
Undervotes: 237 3,719 3,956
Overvotes: 0 2 2
FORT BRAGG CITY COUNCIL-LONG TERM - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
RICHARD GARCIA 0 0.00% 209 3.85% 209 3.84%
JASON GODEKE 2 28.57% 1,419 26.13% 1,421 26.14%
RICHARD MOHR 0 0.00% 246 4.53% 246 4.52%
MARCIA RAFANAN 2 28.57% 872 16.06% 874 16.08%
MICHELLE ROBERTS 0 0.00% 652 12.01% 652 11.99%
BLANCA E. PENA 1 14.29% 577 10.63% 578 10.63%
SCOTT TAUBOLD 1 14.29% 373 6.87% 374 6.88%
MARY ROSE KACZOROWSKI 1 14.29% 427 7.86% 428 7.87%
TESS ALBIN-SMITH (W) 0 0.00% 655 12.06% 655 12.05%
Cast Votes: 7 100.00% 5,430 100.00% 5,437 100.00%
Undervotes: 2 1,389 1,391
Overvotes: 0 3 3
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

FORT BRAGG CITY COUNCIL-SHORT TERM - Vote for One
Choice Party Polling Vote By Mail Total
ALBERTO ALDACO 0 0.00% 396 21.72% 396 21.69%
LINDY PETERS 3 100.00% 1,427 78.28% 1,430 78.31%
Cast Votes: 3 100.00% 1,823 100.00% 1,826 100.00%
Undervotes: 0 452 452
Overvotes: 0 1 1
UKIAH CITY COUNCIL - Vote for no more than Three (3)
Choice Party Polling Vote By Mail Total
JIM O. BROWN 2 25.00% 1,907 19.53% 1,909 19.53%
MARI RODIN 2 25.00% 2,066 21.16% 2,068 21.16%
THAO PHI 2 25.00% 1,498 15.34% 1,500 15.35%
JUAN V. OROZCO 1 12.50% 2,086 21.36% 2,087 21.35%
SUSAN SHER 1 12.50% 2,209 22.62% 2,210 22.61%
Cast Votes: 8 100.00% 9,766 100.00% 9,774 100.00%
Undervotes: 1 4,064 4,065
Overvotes: 0 2 2
POINT ARENA CITY COUNCIL - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
BARBARA BURKEY 0 0.00% 109 53.96% 109 53.96%
ANNA MARIE ELY-DOBBINS 0 0.00% 93 46.04% 93 46.04%
Cast Votes: 0 0.00% 202 100.00% 202 100.00%
Undervotes: 0 206 206
Overvotes: 0 0 0
ALBION/LITTLE RIVER FIRE PROTECTION DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total
DAN GATES 9 16.67% 327 22.90% 336 22.67%
STEVEN ACKER 28 51.85% 572 40.06% 600 40.49%
PAMELA S. LINSTEDT 17 31.48% 529 37.04% 546 36.84%
Cast Votes: 54 100.00% 1,428 100.00% 1,482 100.00%
Undervotes: 26 374 400
Overvotes: 0 2 2
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

BROOKTRAILS TOWNSHIP COMMUNITY SERVICES DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
R. RICHARD WILLIAMS 43 24.02% 525 23.97% 568 23.98%
ED HORRICK 43 24.02% 539 24.61% 582 24.57%
JOANNE CAVALLARI 46 25.70% 576 26.30% 622 26.26%
CHARLES "TONY" ORTH 45 25.14% 519 23.70% 564 23.81%
MICHAEL TROY MOORE (W) 2 1.12% 31 1.42% 33 1.39%
Cast Votes: 179 100.00% 2,190 100.00% 2,369 100.00%
Undervotes: 97 1,566 1,663
Overvotes: 0 1 1
HOPLAND FIRE PROTECTION DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total
BRUCE P. JENSEN 2 22.22% 281 28.97% 283 28.91%
JIM MASTIN 4 44.44% 366 37.73% 370 37.79%
DAVID RODERICK 3 33.33% 323 33.30% 326 33.30%
Cast Votes: 9 100.00% 970 100.00% 979 100.00%
Undervotes: 7 444 451
Overvotes: 0 0 0
REDWOOD VALLEY-CALPELLA FIRE DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total
SHANNON JOHNSON 13 22.41% 552 19.20% 565 19.26%
TONY HOWARD 31 53.45% 1,561 54.30% 1,592 54.28%
STEPHANIE DUNKEN 14 24.14% 762 26.50% 776 26.46%
Cast Votes: 58 100.00% 2,875 100.00% 2,933 100.00%
Undervotes: 24 1,619 1,643
Overvotes: 0 0 0
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

MENDOCINO COAST HEALTH CARE DISTRICT - Vote for no more than Three (3) Choice Party Polling Vote By Mail Total
DAWNMARIE RISLEY-CHILDS 40 18.26% 3,394 17.89% 3,434 17.90% JOHN REDDING 33 15.07% 2,392 12.61% 2,425 12.64%
LEE FINNEY 43 19.63% 4,127 21.76% 4,170 21.73%
SUSAN K. SAVAGE 47 21.46% 3,783 19.94% 3,830 19.96%
JAMES JADE TIPPETT 56 25.57% 5,274 27.80% 5,330 27.78%
Cast Votes: 219 100.00% 18,970 100.00% 19,189 100.00%
Undervotes: 129 7,814 7,943
Overvotes: 0 10 10
REDWOOD VALLEY WATER DISTRICT - Vote for no more than Two (2) Choice Party Polling Vote By Mail Total
CASSIE TAANING 20 35.09% 857 36.44% 877 36.41%
KEN TODD 22 38.60% 790 33.59% 812 33.71%
BREE KLOTTER 15 26.32% 705 29.97% 720 29.89%
Cast Votes: 57 100.00% 2,352 100.00% 2,409 100.00%
Undervotes: 25 1,082 1,107
Overvotes: 0 0 0
PROPOSITION 1
Choice Party Polling Vote By Mail Total
YES 395 64.33% 21,812 74.74% 22,207 74.53%
NO 219 35.67% 7,371 25.26% 7,590 25.47%
Cast Votes: 614 100.00% 29,183 100.00% 29,797 100.00%
Undervotes: 31 1,176 1,207
Overvotes: 1 3 4
PROPOSITION 26
Choice Party Polling Vote By Mail Total
YES 161 26.57% 7,696 26.69% 7,857 26.68%
NO 445 73.43% 21,144 73.31% 21,589 73.32%
Cast Votes: 606 100.00% 28,840 100.00% 29,446 100.00%
Undervotes: 39 1,509 1,548
Overvotes: 1 13 14
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

PROPOSITION 27
Choice Party Polling Vote By Mail Total
YES 84 13.66% 3,493 11.95% 3,577 11.98%
NO 531 86.34% 25,747 88.05% 26,278 88.02%
Cast Votes: 615 100.00% 29,240 100.00% 29,855 100.00%
Undervotes: 31 1,117 1,148
Overvotes: 0 5 5
PROPOSITION 28
Choice Party Polling Vote By Mail Total
YES 407 65.12% 20,799 71.00% 21,206 70.88%
NO 218 34.88% 8,496 29.00% 8,714 29.12%
Cast Votes: 625 100.00% 29,295 100.00% 29,920 100.00%
Undervotes: 20 1,063 1,083
Overvotes: 1 4 5
PROPOSITION 29
Choice Party Polling Vote By Mail Total
YES 180 29.65% 8,103 28.23% 8,283 28.26%
NO 427 70.35% 20,600 71.77% 21,027 71.74%
Cast Votes: 607 100.00% 28,703 100.00% 29,310 100.00%
Undervotes: 39 1,648 1,687
Overvotes: 0 11 11
PROPOSITION 30
Choice Party Polling Vote By Mail Total
YES 264 42.11% 14,696 50.05% 14,960 49.89%
NO 363 57.89% 14,665 49.95% 15,028 50.11%
Cast Votes: 627 100.00% 29,361 100.00% 29,988 100.00%
Undervotes: 19 991 1,010
Overvotes: 0 10 10
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

PROPOSITION 31
Choice Party Polling Vote By Mail Total
YES 355 56.53% 19,845 67.77% 20,200 67.53%
NO 273 43.47% 9,438 32.23% 9,711 32.47%
Cast Votes: 628 100.00% 29,283 100.00% 29,911 100.00%
Undervotes: 18 1,073 1,091
Overvotes: 0 6 6

MEASURE N - HOPLAND FIRE PROTECTION DISTRICT
Choice Party Polling Vote By Mail Total
YES 6 75.00% 392 56.48% 398 56.70%
NO 2 25.00% 302 43.52% 304 43.30%
Cast Votes: 8 100.00% 694 100.00% 702 100.00%
Undervotes: 0 13 13
Overvotes: 0 0 0

MEASURE O - CITIZEN'S LIBRARY INITIATIVE
Choice Party Polling Vote By Mail Total
YES 367 58.53% 17,798 60.87% 18,165 60.82%
NO 260 41.47% 11,443 39.13% 11,703 39.18%
Cast Votes: 627 100.00% 29,241 100.00% 29,868 100.00%
Undervotes: 19 1,117 1,136
Overvotes: 0 4 4

MEASURE P - COUNTY ESSENTAIL SERVICES SALES TAX
Choice Party Polling Vote By Mail Total
YES 317 51.21% 16,151 55.35% 16,468 55.27%
NO 302 48.79% 13,028 44.65% 13,330 44.73%
Cast Votes: 619 100.00% 29,179 100.00% 29,798 100.00%
Undervotes: 27 1,182 1,209
Overvotes: 0 1 1
*** End of report ***
Election Final Official Results
Run Time
Run Date
10:52 AM
12/02/2022

COUNTY OF MENDOCINO, CALIFORNIA
STATEWIDE GENERAL ELECTION, NOVEMBER 8, 2022
11/8/2022

Official Results
Registered Voters
31008 of 52366 = 59.21%
Precincts Reporting
281 of 281 = 100.00%

Agenda Item No: 8.a.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of November 2022.

DEPARTMENT: Finance PREPARED BY: Candice Rasmason, Accounts Payable PRESENTER: Consent Calendar
ATTACHMENTS:

1. November 2022 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. November 2022 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of November 2022.

Background: Payments made during the month of November 2022 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the five (5) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3050227-3050335; 3050336-3050431; 3050432-3050524; 3050525-3050552; 3050553-3050562
Accounts Payable Wire Transfers: N/A
Payroll Check Numbers: 512111-512193; 512194-512277
Payroll Manual Check Numbers: N/A
Direct Deposit Numbers: 115185-115492; 115493-115848
Manual Direct Deposit Numbers: 115493
Void Check Numbers: 3050245, 3050514, 3050179, 3050293, 3050351 Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: November 2022 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: November 2022 Disbursement Detail

Recommended Action: Approve the Report of Disbursements for the Month of November 2022.

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

Attachment 1
FUNDS:
100 General Fund $131,899.93 700 Sanitary Disposal Site Fund $8,039.71 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $141,718.61 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $76,778.32 710 Ambulance Services Fund $10,889.89 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $11,535.47 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $6,934.82 200 City Adminstrative Services $69,370.31 750 Visit Ukiah 201 Worker's Comp Fund 777 Airport Fund $79,515.80
202 Liability Fund 778 Airport Capital Improvement Fund 203 Garage Fund $66,990.27 779 Special Aviation Fund
204 Purchasing Fund $3,672.17 800 Electric Fund $1,133,198.58 205 Billing & Collections Fund $5,447.82 801 Electric Capital Reserve Fund $47,771.31 206 Public Safety Dispatch Fund $3,495.68 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $358,893.14 805 Street Lighting Fund 208 Building Maintenance/Corp Yard Fund $20,448.60 806 Public Benefits Fund $3,650.00 209 IT Fund $18,813.86 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $726,128.50
249 City Housing Bond Proceeds 822 Water Capital Improvement Fund $163,439.91 250 Special Revenue Fund 830 Recycled Water Fund $97,932.87 251 Special Projects Reserve Fund 840 City/District Sewer Fund $196,857.82 252 Streets/ROW Improvement Fund $597,923.34 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust ($49.99) 301 Anton Stadium Fund $0.00 901 General Service (Accts Recv) $1,585.34 302 Observatory Park Fund 902 U.S.W. Billing & Collection $47,023.47 304 Swimming Pool Fund $0.00 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund $0.00 905 Federal Emergency Shelter Grant 306 Skate Park Fund $0.00 905 Mendocino Emergency Service Authority 310 Museum Grants 911 Russian River Watershed Association 311 Alex Rorbaugh Recreation Center Fund $3,835.45 915 UVFD $729.27 312 Downtown Business Improvement Fund 916 UVFD PROP 172 313 LMIHF Housing Asset Fund 917 UVFD Measure B
314 Winter Special Events 918 UVFD Mitigation $1,361.79 315 Advanced Planning Fund $3,376.25 940 Sanitation District Special Fund $38,735.08 316 SPECIAL RECREATION EVENTS $6,255.35 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through
506 Bridge Fund 962 Redevelopment Housing Fund
507 1998 STIP Augmentation Fund 963 Housing Debt
508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds
600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund 602 Community Development Fund 844/944 Sewer Capital Projects Fund $71,201.46 603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund Retainage Withheld
613 Home Program Activities 611 CDBG 16-CDBG-11147 $32,091.15 620 CASP Train
630 Asset Seizure Fund
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $414.41
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 512111-512193 TOTAL DEMAND PAYMENTS- A/P CHECKS $4,187,905.76 DIRECT DEPOSIT NUMBERS: 115185-115492 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 10/16/22-10/29/22 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,330,080.11 PAYROLL CHECK NUMBERS: 512194-512277 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $728,236.40 DIRECT DEPOSIT NUMBERS: 115493-115848 * vendor name( if applicable) PAYROLL PERIOD: 10/30/22-11/12/22
VOID CHECK NUMBERS: TOTAL PAYMENTS $6,246,222.27
3050245, 3050514, 3050179, 3050293
3050351
N/A
WIRE TRANSFER NUMBERS:

N/A

CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.

City Clerk

APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. I have audited this Register and approve for accuracy and available funds.
____________________________________________ ________________________________________________ MANUAL CHECK NUMBERS:

CITY OF UKIAH

REPORT OF DISBURSEMENTS

REGISTER OF PAYROLL AND DEMAND PAYMENTS

FOR THE MONTH OF NOVEMBER

Account Code Summary Attachment 2
10000000 GENERAL FUND 20012300 COMMUNITY OUTREACH/PUBLIC INFO 10017200 SUCCESSOR AGENCY 20012500 CITY CLERK
10020000 POLICE - GEN FUND 20012600 ECONOMIC DEVELOPMENT 10020210 POLICE PATROL 20012800 EMERGENCY MANAGEMENT
10020214 POLICE VOLUNTEERS 20013210 ACCOUNTS PAYABLE
10020216 COPS GRANT 20013220 PAYROLL
10020217 POLICE ANIMAL CONTROL 20013400 ACCOUNTING
10020218 POLICE CSO 20013401 BUDGET MANAGEMENT
10020220 CODE ENFORCEMENT 20014000 CITY ATTORNEY
10020224 MAJOR CRIMES TASK FORCE 20015100 CITY TREASURER 10021210 CITY FIRE 20016100 HUMAN RESOURCES
10022100 PARKS 20023510 HOUSING GRANTS
10022300 AQUATICS 20023520 NON-HOUSING GRANTS
10022700 MUSEUM - GEN FUND 20100000 WORKER'S COMP FUND
10022810 RECREATION ADMINISTRATION 20116220 WORKERS COMPENSATION 10022821 ADULT BASKETBALL 20200000 LIABILITY FUND
10022822 ADULT SOFTBALL 20216200 RISK MANAGEMENT
10022824 CO-ED VOLLEYBALL 20300000 GARAGE FUND
10022831 YOUTH BASKETBALL 20324100 GARAGE
10022832 YOUTH SOFTBALL 20324110 FLEET MAINTENANCE
10022840 DAY CAMP 20400000 PURCHASING FUND
10022850 CLASSES & CLINICS 20413500 PURCHASING
10022860 SPECIAL ACTIVITIES 20413510 CAPITAL ASSET MANAGEMENT 10022900 COMM SVCS SPECIAL SERVICES 20413520 GRANTS AND SPECIAL PROJECTS 10023100 PLANNING SERVICES 20414000 LEGAL SERVICES/EXPENSES 10023110 CURRENT PLANNING 20500000 BILLING AND COLLECTION FUND 10023300 BUILDING INSPECTION 20513300 UTILITY BILLING
10023320 BUILDING INSPECTION 20513380 METERING-ELECTRIC 10023411 CDBG GENERAL ADMIN 20513382 METERING-WATER
10024200 ENGINEERING/STREETS 20600000 PUBLIC SAFETY DISPATCH FUND 10024210 ENGINEERING 20620231 POLICE UKIAH DISPATCH
10024214 TRAFFIC SIGNAL OPERATIONS 20620232 POLICE FT BRAGG DISPATCH 10024224 STORM WATER 20700000 PAYROLL POSTING FUND
10024310 CORP YARD MAINTENANCE 20800000 BUILDING & MAINTENANCE 10024620 STREETS 20822500 BUILDING & MAINTENANCE
10100000 GF- (SUB-FUND) VISIT UKIAH 20824300 BLDG MAINT CORP YARD 10112700 GF-(SUB-FUND) VISIT UKIAH 20900000 IT FUND
10500000 MEASURE S GENERAL FUND 20913900 INFORMATION TECHNOLOGY 10521210 FIRE AUTHORITY 22000000 FIXED ASSET FUND
12000000 STREET REHABILITATION 25100000 SPECIAL PROJECTS RESERVE FUND 12024200 PUBLIC WORKS ENGINEERING 25200000 STREETS/ROW IMPROVEMENT FUND 13000000 GOV'TL DEBT SVC/RESERVE FUND 25224220 STREETS/ROW IMPROVEMENT FUND 13100000 DEBT SERVICE RESERVE 2022 LRB 25300000 PROP 172 FUND 20000000 CITY ADMINISTRATIVE SERVICES 25321210 CITY FIRE 20010000 CITY COUNCIL 30000000 PARK DEVELOPMENT FEES FUND 20012100 CITY MANAGER 30022200 PARK DEVELOPMENT
20012200 ADMINISTRATIVE SUPPORT 30100000 ANTON STADIUM FUND

Account Code Summary Attachment 2
30200000 OBSERVATORY PARK FUND 63500000 SUP.LAW ENFORCE.SVC.FD(SLESF) 30300000 PLAYGROUND & PARK AMENITIES FU 63520210 SLESF
30322230 PLAYGROUND AND PARK AMENITIES 63600000 CBTHP OFFICER 30400000 SWIMMING POOL FUND 63620210 CBTHP OFFICER
30522250 RIVERSIDE PARK 63800000 ASSET FORFEITURE 11470.2 H&S F 30600000 SKATE PARK FUND 63820210 ASSET FORFEITURE 11470 EXPENDI 30700000 SOFTBALL COMPLEX FUND 63900000 SPECIAL REVENUE POLICE 31100000 ARRC GENERAL OPERATING FUND 64000000 PKG. DIST. #1 OPER & MAINT FUN 31122000 ARRC 64012600 ECONOMIC DEVELOPMENT
31200000 DOWNTOWN BUSINESS IMPROVEMENT 64020213 POLICE PARKING ENFORCEMENT 31212600 ECONOMIC DEVELOPMENT 67000000 FEDERAL AMERICAN RESCUE FUNDS 31300000 LMIHF HOUSING ASSET FUND 69500000 TRANSFER STATION 31323400 HOUSING 69624000 SOLID WASTE MITIGATION FUND
31323431 LMI GENERAL ADMIN 70000000 SANITARY DISPOSAL SITE FUND 31500000 ADVANCED PLANNING FUND 70024500 LANDFILL 700
31523100 COMMUNITY PLANNING 70124500 LANDFILL CORRECTIVE 31600000 SPECIAL RECREATION EVENTS 70200000 DISPOSAL CLOSURE RESERVE FUND 31622861 SPECIAL RECREATION EVENTS 70224500 LANDFILL CLOSURE 50000000 GAS TAX FUND 70400000 POST CLOSURE FUND-SOLID WASTE 50024214 TRAFFIC SIGNAL OPERATIONS 71000000 AMBULANCE SERVICES FUND 50500000 SIGNALIZATION FUND 71021100 AMBULANCE SERVICES 50800000 SB325 REIMBURSEMENT FUND 72000000 GOLF FUND
50824210 SB325 ENGINEERING 72022400 GOLF
50900000 S.T.P. 73000000 CONFERENCE CENTER FUND
50924210 STP ENGINEERING 73022600 CONFERENCE CENTER
51100000 RAIL TRAIL FUND 77700000 AIRPORT FUND
51124210 Rail Trail 77714000 CITY ATTORNEY
60000000 COMM. DEVELOPMT. BLOCK GRANT F 77725200 AIRPORT OPERATIONS 60023411 CDBG GENERAL ADMIN 77800000 AIRPORT CAPITAL IMPROVEMENT FU 60023412 CDBG ACTIVITY DELIVERY 77825200 AIRPORT CAPITAL 61100000 CDBG 16-CDBG-11147 77900000 SPECIAL AVIATION FUND 61112600 CDBG ECONOMIC DEVELOPMENT 77925200 AIRPORT SPECIAL 61123410 16-CDBG-11147 80000000 ELECTRIC FUND
61123411 CDBG GENERAL ADMIN 80014000 CITY ATTORNEY
61200000 FUND 612 UNASSIGNED 80026110 ELECTRIC OVERHEAD 61223400 HOME CDD HOUSING 80026120 ELECTRIC UNDERGROUND 61223422 HOME ACTIVITY DELIVERY 80026200 TELEMETRY & CALIBRATION 61323400 HOME HOUSING ACTIVITIES 80026210 SUBSTATION
61323421 HOME GENERAL ADMIN 80026220 HYDROELECTRIC PLANT 62000000 CASP CERTIF & TRAINING 80026400 ELECTRIC ADMINISTRATION 62023320 CASP CERTIF & TRAINING 80026440 POWER PURCHASES 63000000 ASSET SEIZURE FUND 80100000 ELECTRIC CAPITAL RESERVE FUND 63020210 ASSET SEIZURE EXPENDITURE 80126100 ELECTRIC CIP 63300000 H&S EDUCATION 11489(B)(2)(A1) 80126220 HYDROELECTRIC PLANT 63320210 H&S ASSET SEIZURE EXPENDITURE 80500000 STREET LIGHTING FUND 63400000 FEDERAL ASSET SEIZURE GRANTS F 80526150 STREET LIGHTING 63420250 FED ASSET SEIZURE EXPENDITURE 80600000 PUBLIC BENEFITS CHARGES FUND

Account Code Summary Attachment 2
80626450 PUBLIC BENEFITS
80700000 ELECTRIC CAP AND TRADE FUND
80800000 ELECTRIC LOW CARBON FUEL STDS
80826100 ELECTRIC LOW CARBON FUEL STDS
82000000 WATER FUND
82027110 WATER
82027111 PROD OPERATIONS & MAINTENANCE
82027114 DISTRIB OPERATIONS & MAINT
82100000 WATER CAPITAL RESERVE FUND
82200000 WATER CONNECTION FEE FUND
82227113 WATER DISTRIBUTION CAPITAL
83000000 RECYCLED WATER
83027330 RECYCLED WATER
84000000 CITY/DIST. SEWER OPERATING FUN
84027220 WASTE WATER
84027221 CITY WASTE O & M
84027225 WASTE TREATMENT O & M
84100000 SEWER BOND DEBT SERVICE FUND
84127226 WASTEWATER TREATMENT CAPITAL
84200000 RATE STABILIZATION-CITY FUND
84300000 CONNECTION FEE SEWER FUND (CAP
84400000 CITY SEWER CAPITAL PROJECTS FU
84427221 CITY WASTEWATER O&M 844
84427222 CITY WASTE CAPITAL
90000000 SPECIAL DEPOSIT TRUST FUND
91500000 UKIAH VALLEY FIRE DEPARTMENT
91521400 UVFD FIRE ADMINISTRATION
91600000 UVFD PROP 172
91621400 UVFD PROP 172
91700000 UVFD MEASURE B UNASSIGNED
91721400 UVFD FIRE
91800000 UVFD MITIGATION FEES
91821400 UVFD MITIGATION
96900000 REDEVELOPMENT OBLIGATION RETIR
96917200 SUCCESSOR AGENCY
96995669 969 - RDA OBLIGATION RETIREMEN

51211 PERS UNFUNDED LIABILITY 54101 POSTAGE
51220 INSURANCE 54102 SMALL TOOLS
51230 WORKERS COMP 54103 LAB SUPPLIES
51240 MEDICARE 54106 SPECIALTY SUPPLIES
51260 FICA 54107 EMS SUPPLIES
51270 UNIFORM ALLOWANCE 54120 PW - SPECIAL SUPPLIES
51290 CELL PHONE STIPEND 54121 PW - ASPHALT CONCRETE
52100 CONTRACTUAL SERVICES 54122 PW - AGGREGATE BASE
52110 AMBULANCE BILLING 54124 PW - CONCRETE/SUPPLIES
52111 DEFIBRILLATOR MAINTENANCE 54125 PW - TRAFFIC PAINT 52112 M. S. OVERSIGHT 54126 PW-PREMARKS
52113 PLANNING STUDIES 54127 PW - SIGN POSTS/SHEETING
52114 COMPLIANCE STUDIES 54128 PW - COLD PATCH MATERIAL 52130 EDUCATIONAL & MARKETING MATL'S 54129 PW - TACK OIL 52131 ASSISTANCE TO SENIORS 54130 PW - SAFETY
52133 MONTHLY DISCOUNT PROGRAM 54131 PW - BARRICADES & CONES 52134 GENERAL ADMIN 54161 BACKGROUND & PHYSICALS
52135 ENERGY CONSERVATION PROGRAM 54162 ADVERTISING
52137 PUBLIC BENEFITS PROGRAM MGMT 54163 INTERVIEW SUPPLIES 52139 RESEARCH DEVELOPMENT & DEMO 54165 NEW EMPLOYEE FINGERPRINT 52150 LEGAL SERVICES/EXPENSES 54166 DOT TESTING PROGRAM 52151 EMPLOYEE BENEFIT ADMIN FEES 54167 EMPLOYEE DEVELOPMENT 52155 ACTIVITY DELIVERY 54169 LIVESCAN
52180 SECURITY SERVICES 54201 PRISONER EXPENSE
52181 VOLUNTEER EXPENSES 54202 MAJOR CRIME INVESTIGATIONS 52301 PROPERTY TAX ADMIN FEE 54203 RECRUITMENT
52304 LAFCO FEES AND PROP TAX EXP 54320 SOFTWARE
52500 TRUSTEE FEES 54330 COMPUTER AND TECHNOLOGY
52510 ADVERTISING & PROMOTION 54500 EQUIP RENTS AND LEASES 52515 ADVERTISING & PUBLICATION 54700 FINES & PENALTIES 52521 LIABILITY INSURANCE PREMIUM 55100 TELEPHONE
52522 LIABILITY & PROPERTY DEDUCT 55200 PG&E
52524 PROPERTY INSURANCE PREMIUM 55210 UTILITIES
52525 WORKER'S COMP. EXPENSE 56100 VEHICLE & EQUIPMENT MAINT. & R 52526 REMIF ASSESSMENT PAYMENTS 56112 EQUIPMENT PARTS FOR RESALE 52527 A.D.P. PREMIUM & DEDUCTIBLE 56120 EQUIPMENT MAINTENANCE & REPAIR 52528 LIABILITY INSURANCE 56125 LAB EQUIP-REPAIR & MAINT. 52529 EARTHQUAKE & FLOOD (DIC) 56130 EXTERNAL SERVICES
52532 SAFETY & TRAINING SUPPORT 56210 FUEL & FLUIDS
52533 UVFA RETIREE HEALTH INS 56300 BUILDING MAINT. & REPAIR 52600 RENT 56410 EQUIPMENT RENTAL - PRIVATE
52601 DATA STORAGE & CONNECTIVITY 56504 FACILITY MAINTENANCE & REPAIR 52602 RENTAL OF CITY PROPERTY 56600 AIRFIELD MAINTENANCE & REPAIR 52841 SUCCESSOR AGENCY ADMIN 57100 LEARNING AND DEVELOPMENT 53000 LAWSUIT SETTLEMENT 57101 CONF & TRAINING-AQUATICS 54100 SUPPLIES 57300 MEMBERSHIPS & SUBSCRIPTIONS
Object Code Summary Attachment 3

58101 NCPA PLANT GENERATION
58102 NCPA POWER PURCHASES
58103 NCPA TRANSMISSION
58104 NCPA MANAGEMENT SERVICES
58105 NCPA THIRD PARTY SALES
58202 CHEMICALS
58401 AVIATION FUEL
58410 GARAGE LUBRICANTS & PARTS
58510 REIMBURSABLE JOBS
59100 PROPERTY TAXES PAID
59101 FEES
59102 FRANCHISE FEES
59105 CONTRIBUTIONS TO OTHER AGENCY
59106 SENIOR TRASH SUBSIDY
59108 BANK FEES
59400 OTHER EXPENSES
59500 LOANS ISSUED
59502 SCHOLARSHIPS
61200 PURCHASING ALLOCATION
61300 BILLING & COLLECTION ALLOCATIO
61410 RENT ALLOCATION
61420 BUILDING MAINTENANCE ALLOCATIO
61422 IT ALLOCATION
61430 CORP YARD ALLOCATION
61500 INSURANCE ALLOCATION
61600 GARAGE ALLOCATION
61700 DISPATCH
62100 ADMIN & OVERHEAD ALLOCATION
63000 INTERFUND SERVICES USED
70101 LOAN PAYMENTS MADE
70102 BOND INTEREST EXPENSE
70103 LOAN INTEREST
70201 LOAN PRINCIPAL PAYMENTS
70202 BOND PRINCIPAL PAYMENTS
74500 CAPITAL LEASE PRINCIPAL
74501 CAPITAL LEASE INTEREST
80100 MACHINERY & EQUIPMENT
80210 LAND ACQUISITION
80220 BUILDING IMPROVEMENTS
80230 INFRASTRUCTURE
90100 LOAN PROCEEDS
90101 LOAN PAYMENT RECEIVED

Attachment 4

Agenda Item No: 8.b.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-2275

AGENDA SUMMARY REPORT
SUBJECT: Approval of a Budget Amendment in the Amount of $19,079 for Mead & Hunt Construction Administration Services Agreement.

DEPARTMENT: Airport PREPARED BY: Greg Owen, Airport Manager PRESENTER: Greg Owen, Airport Manager
ATTACHMENTS:

1. Contract Amendment Request
Summary: Council will consider approving a budget amendment in the amount of $19,079 for Mead & Hunt Construction Administration Services Agreement.

Background: Mead & Hunt was contracted by the City to perform construction administration services for the "Runway 15-33 Pavement Rehabilitation Phase 1", which included providing a Resident Project Representative to monitor the Contractor’s compliance with FAA grant assurances and standards. Due to rain delays and other prevailing project conditions, Mead & Hunt were required to perform additional efforts beyond the scope of the original contract, including additional testing and inspection time due to re-evaluation of subgrade soils after rain events. Mead & Hunt continued to work to keep the project moving forward during the rain delays, as well as monitor the work performed to comply with FAA funding reimbursement eligibility.

Mead & Hunt requested an amendment (Attachment 1 - Contract Amendment Request) to their existing contract for this project in the amount of $19,079. Upon FAA approval of the grant amendment request, ($17,171 from the FAA and $1,908 in local funds), the City's total contract amount for this project will be $347,326.51 for construction administration and close out services.

Mead & Hunt had agreed to wait until the FAA paid the City for this change order. Staff was unsure when these funds would be made available. Shortly after the approval of the 2023 fiscal year budget, the FAA funds were approved and received by the City.

Discussion: Staff is recommending that the City Council approve of a Budget Amendment in the amount of $19,079 for Mead & Hunt Construction Administration Services Agreement.

Recommended Action: Approve a Budget Amendment in the Amount of $19,076 for Mead & Hunt Construction Administration Services Agreement.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 77825200.80230.13044: $0
PROPOSED BUDGET AMOUNT: 77825200.80230.13044: $19,079
FINANCING SOURCE: FAA Grant funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 1920163
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): n/a

Mead & Hunt | 1360 19th Hole Drive, Suite 200, Windsor, CA 95492-7717 | 707-526-5010 | meadhunt.com May 14, 2021
Greg Owen
Airport Manager
Ukiah Regional Airport
1403 South State Street
Ukiah, CA 95482
Project: Runway 15-33 Reduce Width 75 Feet Standard
FAA AIP No. 3-06-0268-015-2019
Subject: Amendment Request for Additional Construction Administration Services Hi Greg,
Mead & Hunt, Inc. (Mead & Hunt) is requesting a contract amendment for the above-referenced project, contingent upon FAA approval, due to project delays caused by rain events, and the additional efforts required to keep the project moving to completion.

Mead & Hunt was contracted by the City to perform construction administration services, which included providing a Resident Project Representative to monitor Contractor’s compliance with FAA grant assurances and standards. Typically, the actual timeline and rate of construction is determined by the Contractor as defined in his by means and methods, and as such Mead & Hunt responds with the time needed to maintain the level of service to keep the Airport in compliance with the FAA requirements.

Consultant was required to perform additional efforts for the tasks as listed below, and as stated in the Contract with the City:

1. Additional daily activity reports.

2. Additional calculations to determine Contractor’s execution and progress of schedule.

3. Additional review of the Contractor’s character of workers, methods, and equipment.

4. Prepare additional weekly FAA reports.

5. Prepare additional reports for percentage of work complete.

6. Document additional errors and corrections.

7. Coordination with additional material acceptance testing.

8. Review Contractor’s compliance with the intent of the plans and specifications prepared for the project, in compliance with FAA Standards.

Attachment 1

Greg Owen
Ukiah Regional Airport Runway 11-33 Amendment Request
AIP 3-06-0268-015-2019
May 14, 2021

Mead & Hunt | 1360 19th Hole Drive, Suite 200, Windsor, CA 95492-7717 | 707-526-5010 | meadhunt.com \\Corp.meadhunt.com\sharedfolders\entp\2112200\170216.01\CORR\wpc\MH UKI Amendment for Rwy 15-33 CA Additional Services.docx As a result, additional testing and inspection time was needed to address prevailing conditions. These additional project efforts were required in addressing the Contractor’s execution and progress of schedule due to re-evaluation of subgrade soils after rain events. Mead & Hunt continued to work to keep the project moving forward during the rain delays, as well as monitor the work performed to comply with FAA funding reimbursement eligibility.

Mead & Hunt is requesting an amendment to our existing contract for this project in the amount of Nineteen Thousand Seventy-nine dollars ($19,079). Upon FAA approval of the grant amendment request, ($17,171 from the FAA and $1,908 in local funds), our total contract amount for this project will be $347,326.51 for construction administration and close out services. If accepted, these numbers will have to be reflected in your final SF 271 and 425 forms and included in the Final Closeout Report (FCR) prepared by Mead & Hunt.

Respectfully,
MEAD & HUNT, Inc.

Robert A. Casagrande,
Vice President

Agenda Item No: 8.c.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-2281

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution Approving Amendment to Standard Agreement 20-CDBG-CV2-3-00081 to Transfer Funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20- CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and Approve Corresponding Budget Amendments if Standard Agreement Amendments are Approved by the California Department of Housing and Community Development (HCD).

DEPARTMENT: Community
Development PREPARED BY: Jim Robbins, Grants Manager
PRESENTER: Craig Schlatter, Community Development
Director
ATTACHMENTS:

1. Resolution- Amendment to 20-CDBG-CV2-3-00081
Summary: Council will consider adopting a resolution approving an amendment to Standard Agreement 20- CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD).

Background: On September 16, 2020, through adoption of Resolution No. 2020-53, Council approved an application to be submitted to the California Department of Housing and Community Development (HCD) in response to the State Community Development Block Grant Coronavirus Relief Round 1 (CDBG-CV1) Notice of Funding Availability. The project was to purchase and install a permanent generator for the Ukiah Valley Conference Center. HCD awarded $92,954 for the Activity and $15,803 for General Administration and assigned standard agreement No. 20-CDBG-CV1-00004. On February 3, 2021, through adoption of Resolution No. 2021-03, Council approved an application submitted to HCD for CDBG-CV2-3 (rounds 2 and 3) funding for the generator project. Through adoption of Resolution No. 2021-04, Council approved an amendment to 20-CDBG-CV1-00004 to add the additional CV2-3 funds to the same project.

At the time the CDBG-CV1 and CDBG-CV2-3 applications were submitted, no funding had been identified for the generator installation at the Ukiah Valley Conference Center. Because of the delay of execution of standard agreements by HCD of nearly a year and a half, the City continued seeking other funding and was able to secure assistance from PG&E. The unexpected project assistance from PG&E eliminated the need for the second awarded CDBG-CV2-3 grant for the public facility improvement project, #20-CDBG-CV2-3-00081. However, the Ukiah Valley Fire Authority Ambulance Purchase is in need of additional grant funds, and can make good use of the $31,100 in project CV2-3-00081. Staff is working with the Department of Housing and Community Development (HCD) to transfer funding from project 00081 to 00097. At the time of preparation of this Staff Report, HCD had not yet made a decision on the City's transfer request.

Discussion: Staff recommends that Council adopt the resolution in Attachment 1 approving an amendment to Standard Agreement 20-CDBG-CV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase. Staff also requests that Council approve corresponding budget amendments if the standard agreement transfer amendments are approved by HCD. The budget amendments will involve simply reducing the budget in fund 730 (Conference Center) to fund 710 (Ambulance).

Recommended Action: Adopt the resolution approving an amendment to Standard Agreement 20-CDBGCV2-3-00081 to transfer funds from Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase; and approve corresponding budget amendments if the standard agreement amendments are approved by California Department of Housing and Community Development (HCD).

BUDGET AMENDMENT REQUIRED: Yes (If approved by the state.) CURRENT BUDGET AMOUNT: 73000000.91611.18268: $27,891; 73022600.80100.18268: $27,891; 7100000.91611.18268: $0; 71021100.80100.18268: $0
PROPOSED BUDGET AMOUNT: 73000000.91611.18268: $0; 73022600.80100.18268: $0; 7100000.91611.18268: $27,891 ; 71021100.80100.18268: $27,891 FINANCING SOURCE: CDBG
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): n/a

RESOLUTION NO. 2022-__
A RESOLUTION APPROVING AN AMENDMENT TO STANDARD AGREEMENT 20- CDBG-CV2-3-00081 TO TRANSFER FUNDS FROM PUBLIC FACILITY

IMPROVEMENT PROJECT FOR SURGE CAPACITY TO STANDARD AGREEMENT 20-CDBG-CV2-3-00097 UKIAH VALLEY FIRE AUTHORITY AMBULANCE

PURCHASE
BE IT RESOLVED by the City Council of the City of Ukiah as follows:

SECTION 1:

The City Council has reviewed and hereby approves the submission to the State of California (“State”) of a request to transfer funds in Standard Agreement 20-CDBGCV2-3-00081 from the Public Facility Improvement Project for Surge Capacity to Standard Agreement 20-CDBG-CV2-3-00097 Ukiah Valley Fire Authority Ambulance Purchase.

Current 20-CDBG-CV2-3-00081 Activities
Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration $ 3,209
Amount of Funds to be transferred to 20-CDBG-CV2-3-00097 Ambulance Purchase
Public Facility Improvement Project- Permanent Generator $ 27,891 General Administration- Permanent Generator $ 3,209
SECTION 2:

The City has committed the use of Program Income for activities within its 2019-2020 CDBG Business Assistance application and its 2021 CDBG Housing Rehabilitation Program application and acknowledges no Program Income is authorized or approved for the 20-CDBG-CV2-3-00081 or 20-CDBG-CV2-3-0097 activities described in Section

1. SECTION 3:

The City acknowledges compliance with all state and federal public participation requirements in the development of its application(s) for the 20-CDBG-CV2-3-00081 and 20-CDBG-CV2-3-0097 activities described in Section 1 above.

SECTION 4:

If an amendment to the Standard Agreement is approved as contemplated above, the City Manager is authorized to enter into, execute and deliver an amendment to the Standard Agreement(s) and any and all other documentation which may be required by the State from time to time for the purposes of this grant.

SECTION 4:

ATTACHMENT 1

If an amendment is approved, the City Manager is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with this grant.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on December 21, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________________
Mari Rodin, Mayor
Ukiah City Council

STATE OF CALIFORNIA
City of Ukiah
ATTEST:

I, Kristine Lawler, City Clerk of the City of Ukiah, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 21st day of December, 2022.

Kristine Lawler, City Clerk
of the City of Ukiah of the State of California
By: _____________________________________

Agenda Item No: 8.d.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-2282

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of Scope of Work for Advance Planning Environmental Subconsultant Rincon to Prepare an Updated Demolition Ordinance; Approval of Contract Amendment with Mintier Harnish; and Approval of Corresponding Budget Amendment.

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER: Consent Calendar
ATTACHMENTS:

1. Demolition Ordinance Update Proposal_Rincon

2. C #1819190 draft amendment 4
Summary: Council will consider approving a scope of work for the advance planning environmental subconsultant Rincon to prepare an updated demolition ordinance for the City through an amendment to the contract with advance planning consultants Mintier Harnish. Council will also consider approving a corresponding budget amendment.

Background: On May 20, 2020, Council adopted Resolution No. 2020-25, authorizing the submittal of an application to the California Department of Housing and Community Development (HCD) to pursue $65,000 in funding through the Local Early Action Planning (LEAP) grant program. Activities pursued by the City through LEAP were as follows: 1) update the City's Historic Structure Development Policy; 2) explore incentives to pursue parcel consolidation; and 3) develop an electronic permitting system plan. The full $65,000 was awarded to the City for the three activities on November 3, 2020.

To pursue an update to the City's historic structure development policy, as contained within the City's Demolition Ordinance, Staff gathered input from local stakeholders on how to achieve a balanced updated Ordinance. From this feedback as well as recent experience related to a project reviewed under the City's existing Demolition Ordinance, Staff realized that an updated Ordinance must first meet California Environmental Quality Act (CEQA) Guidelines and Federal and State regulations related to historic preservation and avoiding impacts to historic resources.

Given that Staff's in-house knowledge of creating CEQA-compliant historic preservation policies is limited, Staff requested a proposal for preparation of an update to the City's Demolition Ordinance from advanced planning environmental subconsultant Rincon. Rincon's Scope of Work is contained within Attachment 1.

Discussion: Staff worked with Rincon in the preparation of the Environmental Impact Report (EIR) for the City's recently adopted 2040 General Plan and was impressed by the depth of knowledge and experience the consulting firm possessed, especially related to balancing historic preservation priorities with development interests such that potential conflict between the two is minimized. Rincon has experience preparing demolition ordinances and historic preservation policies for other cities that meet the requirements in CEQA Guidelines for avoiding impacts to historic structures and follow Federal and State guidelines and regulations for historic preservation.

As the purpose of the update to the demolition ordinance is to preserve historic resources without unduly restricting commercial or residential development potential, it is Staff's opinion that Rincon possesses the experience to most effectively accomplish this undertaking. Although a budget amendment is requested by

Staff, the entirety of Rincon's expenses will be paid for by the LEAP grant, so there is no net cost to the City.

Staff recommends Council approve the scope of work in Attachment 1 and contract amendment within Attachment 2. If approved, the scope of work would become "Exhibit 1" of the contract amendment within Attachment 2.

Recommended Action: Approve scope of work for Rincon to prepare an updated demolition ordinance, approve a contract amendment with Mintier Harnish, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 31523100.52100.18146: $21,525
PROPOSED BUDGET AMOUNT: 31523100.52100.18146: $36,365
FINANCING SOURCE: Local Early Action Planning (LEAP) grant PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU No. 1819190
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI): n/a
CLIMATE INITIATIVES (CI): 5a – Update zoning ordinance.

Rincon Consultants, Inc.
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E n v i r o n m e n t a l S c i e n t i s t s P l a n n e r s E n g i n e e r s October 18, 2022
Project No: 22-13596
Craig Schlatter, Director
City of Ukiah Department of Community Development
300 Seminary Avenue
Ukiah, California 95482
Via email: [email protected]
Subject: Scope of Work and Cost Estimate to Prepare an Updated Demolition Ordinance for the City of Ukiah
Dear Mr. Schlatter:

Rincon Consultants, Inc. is pleased to submit this scope of work to prepare an updated Demolition Ordinance for the City of Ukiah. This proposal includes: (1) our understanding of the project; (2) our proposed work scope; and (3) our proposed schedule and cost for completion of the work program.

Understanding of the Project
Rincon understands that the City of Ukiah is seeking a comprehensive update to its Demolition Ordinance. The current demolition ordinance has not been updated in decades and does not adequately provide an efficient approach to the demolition process. Specifically, the current ordinance provides outdated and unreliable parameters for identifying potentially significant historic buildings and outlines a lengthy timeline for the demolition process. Due to these deficiencies, several projects have been significantly delayed. Rincon proposes to prepare an updated Demolition Ordinance which addresses these concerns and provides for a streamlined and thorough approval process.

Scope of Work
Rincon staff will work closely with the City of Ukiah staff on various solutions to update the demolition ordinance. The project team has worked on writing and updating ordinances with a variety of jurisdictions in California. We understand the need to deliver easy to interpret and implementable ordinance regulations based on the following scope of work:
▪ Task 1. Project Management - This task will include Rincon internal team, budget, and schedule management; coordination with the City of Ukiah staff; and preparing monthly invoices and status reports.
▪ Task 2. Kickoff Meeting – Rincon will conduct a kickoff meeting with the City of Ukiah staff to confirm the approach to the work program, finalize the scope of work, and discuss the schedule for the updated demolition ordinance. Rincon will coordinate with the City of Ukiah staff to collect any additional background information that may be needed for drafting the updated ordinance.

ATTACHMENT 1

City of Ukiah
Proposal to Prepare an Updated Demolition Ordinance

Assumptions
• Kickoff meeting will be virtual
• City staff will coordinate attendance of the City of Ukiah members to attend • Kickoff meeting will be one hour long
Deliverables
• Agenda (digital - Word)
▪ Task 3. First Administrative Draft Demolition Ordinance Update – After the kickoff meeting, Rincon will prepare recommended revisions to certain provisions of the demolition regulations described in the project understanding section above. To address the identification and avoidance of potential historic buildings, Rincon will revise the evaluation criteria to generally follow Federal and State criteria and present reasonable avoidance measures that follow CEQA guidelines for avoiding impacts to historical resources. Timelines for approvals will also be reviewed and updated accordingly. Rincon will prepare an administrative draft ordinance for replacement of key portions of the City’s current demolition regulations for review by the City of Ukiah staff and the City Attorney.

Assumptions
• Rincon will conduct 1 round of revisions (see Task 4 below) • Rincon will respond to the City of Ukiah comments in a single, consolidated Word document in Tracked Changes format
Deliverables
• Administrative Draft Demolition Ordinance (digital – Word) ▪ Task 4. Second Administrative Draft Demolition Ordinance Update – Rincon will prepare a second administrative draft ordinance based on comments and input from the City of Ukiah staff and the City Attorney. It is assumed that this would be provided to the City of Ukiah in electronic (MS Word/PDF) format, with strike-through revisions.

Assumptions
• One round of revisions to the Second Administrative Draft Ordinance Deliverables
• Second Administrative Draft Demolition Ordinance (digital – Word and PDF) ▪ Task 5. City Council Meeting Support – Rincon will assist the City of Ukiah staff in preparing for and presenting the updated draft Demolition Ordinance revisions to the City Council. This task includes preparation of a City Council staff report, draft ordinance, PowerPoint presentation, and virtual attendance at the City Council meeting to assist in presenting the revised ordinance and answering questions.

City of Ukiah
Proposal to Prepare an Updated Demolition Ordinance

Assumptions
• Rincon staff will attend one City Council meeting virtually Deliverables
• Presentation (digital)
Proposed Staff
Jerry Hittleman, MURP, Senior Planner and Project Manager. Mr. Hittleman will manage the Demolition Ordinance update. Jerry has experience in urban planning and environmental consulting throughout California. Jerry held the City Planner position at the City of Oceanside and was a planner and environmental specialist at various public agencies and private firms prior to joining Rincon. Mr.

Hittleman specializes in managing a variety long range and current planning projects, including but not limited to overseeing a team of planners in comprehensive and targeted zone code updates (including various cannabis ordinance updates), housing element updates, and entitlement review and processing of projects for a wide range of development projects. He is also integrally involved in Rincon’s contract planning practice.

Shannon Carmack, Principal In Charge, Cultural Resources. Ms. Carmack has more than 20 years of professional experience providing cultural resources management and historic preservation planning for large-scale and high-profile projects. She has worked throughout California in numerous sectors including local planning, development/construction, public utilities, Department of Defense, transportation, recreation, and education. Ms. Carmack prepares documentation to satisfy CEQA/NEPA, Section 106, and Local Historic Preservation Ordinances. She also provides reports and studies that are in compliance with the SOI Standards and the California Historic Building Code. She has developed and implemented successful mitigation for countless projects that included Historic American Building Survey documentation, oral histories, and interpretive programs. Ms. Carmack meets and exceeds requirements in the Secretary of the Interior’s Professional Qualification Standards in Architectural History and History.

Steven Treffers, Architectural History Program Manager. Mr. Treffers is a senior architectural historian and project manager with Rincon’s cultural resources group. With 11 years of professional experience and a master’s degree in historic preservation from the University of Southern California, School of Architecture, he exceeds the Secretary of the Interior’s Professional Qualification Standards for History and Architectural History. Mr. Treffers has extensive experience conducting historic resources evaluations to support compliance with CEQA, Section 106 of the NHPA, and local guidelines and regulations. He has worked on behalf of both project applicants and local agencies and understands the important role thorough and independent determinations play in the decision-making process.

James Williams. Mr. Williams is an Architectural Historian with six years of professional experience who meets the Secretary of the Interior’s Professional Qualification Standards for Architectural History and History. His professional experience includes the preparation of historic resource assessments in support of NEPA, Section 106 of the NHPA, CEQA, and local historic preservation regulations. He has conducted historic surveys and archival research, recorded and evaluated historic properties on DPR 523 series forms, and prepared several Historic American Building Survey documentation packages on behalf of various municipal agencies.

City of Ukiah
Proposal to Prepare an Updated Demolition Ordinance

Susan Hernandez, MURP. Ms. Hernandez is a Planner, will assist in preparing the staff report, resolution, and ordinance. Susan has a foundation in local government as a former planner for the City of Pico Rivera. She is a skilled Planner experienced in current and long range planning. With Rincon she has assisted with current planning projects such as development and entitlement processing. She has also assisted with a variety of long range projects such as housing element updates and zoning ordinance updates for various cities across California.

Schedule
Rincon’s proposed schedule for the updated Demolition Ordinance is presented below. The schedule presented below assumes time intervals for tasks managed by City staff, such as review of the draft ordinance and staff reports and provision of comments, which we understand may be subject to change based on City staff availability. Delays in completing tasks outside of Rincon’s control may result in at least day-for-day delays in the overall schedule.

Task Duration of Task Total Time Elapsed
Authorization to Proceed -- --
Kickoff Meeting 1 week 1 week
Rincon Prepares First Administrative Draft Demolition Ordinance Update 3 weeks 4 weeks Ukiah Staff Review Draft Ordinance Update 2 weeks 6 weeks Rincon Prepares Second Administrative Draft Demolition Ordinance Update 2 weeks 8 weeks City Council Meeting 3 weeks 11 weeks
Cost Estimate
Our proposed cost to prepare the draft Demolition Ordinance Update, consistent with our scope of work detailed above, is $14,840. A breakdown of cost per task is provided at the end of this proposal.

Payment will be due monthly, and the cost estimate will not be exceeded without prior written authorization from the City of Ukiah. Costs will be charged on a time and materials basis, commensurate with work completed, in accordance with our existing Agreement for Professional Services with the City of Ukiah. If Rincon does not need all the time that has been budgeted, we will only bill for the time spent completing the work.

City of Ukiah
Proposal to Prepare an Updated Demolition Ordinance

Thank you for your consideration of Rincon Consultants for this project. We look forward to the opportunity to work with you, and if you have questions regarding this submittal, please do not hesitate to contact us via email or call Jerry Hittleman at (805) 395-4703 or Shannon Carmack at (562) 676-5485.

Sincerely,
Rincon Consultants, Inc.

Jerry Hittleman, MURP Shannon Carmack
Senior Planner Principal, Cultural Resources
22-13596 Ukiah Demolition Ordinance Update Rate Hours Labor Budget Total Budget Demolition Ordinance Update 77.00 14,840.00 14,840.00
Task 1: Project Management 6.00 1,018.00 1,018.00
Task 2: Kickoff Meeting 5.00 1,018.00 1,018.00
Task 3: First Admnistrative Draft Ordinance 45.00 8,457.00 8,457.00 Task 4: Second Administrative Draft Ordinance 15.00 2,849.00 2,849.00 Task 5: City Council Meeting 6.00 1,498.00 1,498.00
Project Total 77.00 14,840.00 14,840.00
RINCON CONSULTANTS, INC.
22-13596 Ukiah Demolition Ordinance
Update
Cost Estimate

CITY OF UKIAH
AMENDMENT 4
TO
CONTRACT #1819190 – PROFESSIONAL PLANNING SERVICES FOR A GENERAL PLAN

UPDATE, ENVIRONMENTAL IMPACT REPORT,

AND OTHER RELATED ADVANCED PLANNING SERVICES
This Amendment No. 4, entered on December 21, 2022, revises the Agreement for Professional services dated March 21, 2019 between the City of Ukiah and Mintier Harnish for consulting services related to professional planning services for a General Plan Update, Environmental Impact Report, and other related advanced planning services.

This Amendment No. 4, as per Exhibit 1:
1) Amends the Scope of Services to include an update to the City’s Demolition Ordinance in accordance with CEQA Guidelines and Federal and State Historic Preservation regulations. 2) Adds an additional dollar amount of $14,840, for a revised total contract amount of $592,675.

Except as expressly amended by this Amendment, all other terms remain unchanged and in full force and effect.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT ON THE EFFECTIVE DATE:

MINTIER HARNISH
BY: DATE:

JIM HARNISH, JD

CITY OF UKIAH
BY: DATE:

SAGE SANGIACOMO, CITY MANAGER
ATTEST
BY: DATE:

KRISTINE LAWLER, CITY CLERK
ATTACHMENT 2

Agenda Item No: 8.e.

MEETING DATE/TIME: 12/21/2022
ITEM NO: 2022-2285

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for Wipf Construction for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

DEPARTMENT: Finance PREPARED BY: Mary Horger, Financial Services Manager PRESENTER: Mary Horger, Financial Services Manager
ATTACHMENTS:

1. Spec 22-08 Trench Work at the UVCC

2. Bid Results - Trench Work at the UVCC

3. Notice of Completion Spec 22-08
Summary: Council will consider approving the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, Specification 22-08, and direct the City Clerk to file the notice with the County Recorder.

Background: In July, a Request for Bid was released for all necessary labor, materials and equipment to excavate a trench and install conduit as per Specification 22-08 (Attachment 1) in preparation for the installation of a generator unit at the Ukiah Valley Conference Center. Three bids were received, with Wipf Construction being the lowest responsible bidder with a bid submitted in the amount of $16,240. Please see Attachment 2 for a copy of the bid tabulation. The contract was then subsequently awarded to Wipf Construction.

This project was funded by Community Development Block Grant 20-CDBG-CV1-00004.

Discussion: The project has been completed in conformance with the plans and specifications, with no change orders issued. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 3) is filed with the County Recorder.

Recommended Action: Approve the Notice of Completion for Wipf Construction LLC for the Trench Work at the Ukiah Valley Conference Center, and direct the City Clerk to file the notice with the County Recorder.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Community Development Block Grant Funding PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2223-094 COORDINATED WITH: Community Development Department
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

TRENCH WORK AT THE UVCC
SPECIFICATION NO. 22-08

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: July 28, 2022
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JIM BROWN – MAYOR
JOSEFINA DUEÑAS – VICE-MAYOR
MARI RODIN – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
DOUGLAS CRANE – COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
CRAIG SCHLATTER – DIRECTOR OF COMMUNITY DEVELOPMENT
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH
JULY 2022

TRENCH WORK AT THE UVCC iii Spec No. 22-08

TABLE OF CONTENTS
PAGE

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

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 3 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Withdrawal of Bids
1-05. Public Opening of Bids
1-06. Bid Guaranty
1-07. Qualification of Bidders
1-08. Disqualification of Bidders
1-09. Identification of Subcontractors
1-10. General Provisions of the Standard Specifications 1-11. Addenda
SECTION 2. AWARD AND EXECUTION OF CONTRACT........................................................................... 5 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 5 3-01. Effect of Inspection and Payments
3-02. Effect of Extension of Time
3-03. Extra Work
3-04. Assignment of Contract
3-05. Subcontractors
3-06. Interpretation of Special Provisions and Drawings 3-07. Addenda
3-08. Liability of City Officials
3-09. Dispute Resolution
SECTION 4. BONDS...................................................................................................................................... 6 4-01. Faithful Performance Bond
4-02. Material and Labor Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ......................................................... 7 5-01. Minimum Scope of Insurance
5-02. Minimum Limits of Insurance
5-03. Deductibles and Self-Insured Retentions
5-04. Other Insurance Provisions
5-05. Acceptability of Insurers
5-06. Verification of Coverage

TRENCH WORK AT THE UVCC iv Spec No. 22-08
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ......................................................... 8 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 15 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................... 16 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays

TRENCH WORK AT THE UVCC v Spec No. 22-08
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 ............................................................................................................................. 17 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 20 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 24 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 26 13-01. Scope of Work
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 26 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 26 15-01. Provisions of General Conditions to be Amended

TRENCH WORK AT THE UVCC vi Spec No. 22-08

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 27 PROPOSAL ............................................................................................................................................. 28 BIDDING SCHEDULE ................................................................................................................................... 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 31 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35 SIGNATURE OF BIDDER ............................................................................................................................. 36 BIDDER'S BOND .......................................................................................................................................... 37 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38 AGREEMENT ............................................................................................................................................. 39 INDEMNIFICATION AGREEMENT ............................................................................................................... 43 EXAMPLE BOND FORMS ............................................................................................................................ 44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 49 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 50

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

ATTACHMENT 1 – FORM HUD 4010 – FEDERAL LABOR STANDARDS PROVISIONS ATTACHMENT 2 – FORM 5369-A – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF BIDDERS
ATTACHMENT 3 – WAGE DETERMINATIONS
ATTACHMENT 4 – FORM 2530 – PREVIOUS PARTICIPATION AGREEMENT DRAWING 22422 – TRENCH DETAIL
DRAWING 101 – SCORE MARK DETAILS FOR SIDEWALK, CURB, CURB & GUTTER DRAWING 102 – SIDEWALK, CURB AND GUTTER, AND DRIVEWAY APPROACH DETAILS

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR
TRENCH WORK AT THE UVCC, SPECIFICATION NO. 22-08
NOTICE IS HEREBY GIVEN that sealed standard proposals for TRENCH WORK AT THE UVCC, SPEC 22-08 will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on July 28, 2022. Bids shall be addressed to the City Clerk and shall be endorsed “TRENCH WORK AT THE UVCC." Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/.

SCOPE OF WORK: Provide all labor, materials and equipment for the excavation of trench and installation of conduit in preparation of the installation of a generator at the Ukiah Valley Conference Center.

NOTE: This is a project funded by the California Department of Housing and Community Development nonentitlement Community Development Block Grant program, which is a State-administered Federal funding source.

Contract requirements, representations, and certifications are added in Section 15-01 of the General Provisions as Attachments 1 thru 4.

Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law.

Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at [email protected].

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

No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“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.

Minimum Wage: All labor on this Project shall be paid not less than the greater of the minimum wage rates established by the U.S. Secretary of Labor (Federal Wage Rates), or by the State of California’s Director of Department of Industrial Relations (State Wage Rates).

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class A, B or Class C10 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.

Attention is called to the fact that not less than the prevailing rate of per diem wages as determined by either the Director of Industrial Relations (Labor Code Sec. 1770 et seq.) or by the U.S. Department of Labor, Davis-Bacon Act. 42 U.S.C. Sec. 286(a), whichever of the two is higher must be paid on this project.

Any prospective bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the schedule time for bid opening. More information regarding this is provided for in the Special Provisions, Instructions to Bidders, Page 2.

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 ONE TIME: July 13, 2022
7/6/2022

TRENCH WORK AT THE UVCC 1 Spec. No. 22-08

INSTRUCTIONS TO BIDDERS
TRENCH WORK AT THE UVCC 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 fourteen (14) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.

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

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

Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

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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, Financial Services Manager
Fax: (707) 313-3621
Email: [email protected]
Any prospective Bidder desiring an explanation or interpretation of the solicitation, specifications, drawings, etc., must request it at least 7 days before the scheduled time for Bid opening. Requests may be oral or written.

Oral requests must be confirmed in writing. The only oral clarifications that will be provided will be those clearly related to solicitation procedures, i.e., not substantive technical information. No other oral explanation or interpretation will be provided. Any information given a prospective Bidder concerning this solicitation will be furnished promptly to all other prospective Bidders as a written amendment to the solicitation, if that information is necessary in submitting Bids, or if the lack of it would be prejudicial to other prospective Bidders.

Any information obtained by, or provided to, a Bidder other than by formal amendment to the solicitation shall not constitute a change to the solicitation.

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at the Ukiah Valley Conference Center, 200 South School Street, Ukiah California 95482.

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GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS 1-01. Definitions. Whenever any word or expression defined in this section, or pronoun used in its stead, occurs in these contract documents, it shall have and is mutually understood to have the meaning given:
a. "City of Ukiah" or "City" shall mean the City of Ukiah, Mendocino County, California, acting through its City Council or any other board, body, official or officials to which or to whom the power belonging to the Council shall by virtue of any act or acts, hereafter pass or be held to appertain. b. "Engineer" shall mean the Engineer duly and officially appointed by the City to supervise and direct the work of construction under this contract, acting personally or through agents or assistants duly authorized by him, such agents or assistants acting within the scope of the particular duties entrusted to them.
c. "Inspector" shall mean the engineering or technical inspector or inspectors duly authorized or appointed by the Engineer, limited to the particular duties entrusted to him or her or them. d. "Contractor" shall mean the party entering into contract with the City of Ukiah for the performance of work covered by this contract and his or her authorized agents or legal representatives. e. "Date of signing of contract" or words equivalent thereto, shall mean the date upon which this contract, with the signature of the Contractor affixed, together with the prescribed bonds, shall be or shall have been delivered to the City or its duly authorized representatives. f. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
g. "The work" shall mean and include all the work specified, indicated, shown or contemplated in the contract to construct the improvement, including all alterations, amendments or extensions thereto made by contract change order or other written orders of the Engineer. h. "Contract drawings", "drawings", "plans" shall mean and include 1) all drawings or plans which may have been prepared by or on behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, 2) all drawings submitted in pursuance of the terms of this contract by the successful bidder with his or her proposal and by the Contractor to the City if and when approved by the Engineer and 3) all drawings submitted by the Engineer to the Contractor during the progress of the work as provided for herein. i. Where "as shown", "as indicated", "as detailed" or words of similar import are used, it shall be understood that reference to the drawings accompanying these Special Provisions is made unless stated otherwise.

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

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

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business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

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

Each bidder shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code and shall be skilled and regularly engaged in the general class or type of work called for under this contract. A statement setting forth this experience and business standing shall be submitted by each bidder on the form provided herewith. It is the intention of the City to award a contract only to a bidder who furnishes satisfactory evidence that he or she has the requisite experience and ability and that he or she has sufficient capital, facilities and equipment to enable him or her to prosecute the work successfully and promptly within the time and in the manner agreed.

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

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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. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

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

SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Effect of Inspection and Payments. Neither the inspection by the Engineer or an inspector, nor any order, measurement or approved modification, nor certificate or payment of money, nor acceptance of any part or whole of the work, nor any extension of time, nor any possession by the City or its agents, shall operate as a waiver of any provision of this contract or of any power reserved therein to the City, or of any right to damages thereunder; nor shall any breach of this contract be held to be a waiver of any subsequent breach. All remedies shall be construed as cumulative.
3-02. Effect of Extension of Time. The granting of any extension of time on account of delays which, in the judgement of the City, are avoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

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

Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.

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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. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. 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. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time.

This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

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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: $1,000,000 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: $1,000,000 per accident for bodily injury and property damage.

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

4. Course of Construction: Completed value of the project with no co-insurance penalty provisions. 5-03. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
5-04. Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor. 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The

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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 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.

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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. 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

TRENCH WORK AT THE UVCC 11 Spec. No. 22-08
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.

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.

TRENCH WORK AT THE UVCC 12 Spec. No. 22-08
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:
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.

TRENCH WORK AT THE UVCC 13 Spec. No. 22-08
On or before the completion of the work, the Contractor shall without charge therefore carefully clean out all pits, pipes, chambers or conduits and shall tear down and remove all temporary structures built by him or her and shall remove rubbish of all kind from any of the grounds which he or she has occupied and leave them in first class condition.
6-23. Guaranty. All work shall be guarantied for a period of one year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.

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

Pursuant to the provisions of Section 4-03 of these Special Provisions, the Contractor shall furnish a Defective Material and Workmanship Bond in an amount not less than 5 percent of the final contract price, which shall be effective for a period of one (1) year after the completion and acceptance of the work.

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 reexamination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.

TRENCH WORK AT THE UVCC 14 Spec. No. 22-08
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. 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.

TRENCH WORK AT THE UVCC 15 Spec. No. 22-08
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. 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

TRENCH WORK AT THE UVCC 16 Spec. No. 22-08
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 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

TRENCH WORK AT THE UVCC 17 Spec. No. 22-08
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, 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.

TRENCH WORK AT THE UVCC 18 Spec. No. 22-08
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 within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.

TRENCH WORK AT THE UVCC 19 Spec. No. 22-08
(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.

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.

TRENCH WORK AT THE UVCC 20 Spec. No. 22-08
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, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,

TRENCH WORK AT THE UVCC 21 Spec. No. 22-08
to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt.
11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204. a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and

TRENCH WORK AT THE UVCC 22 Spec. No. 22-08
Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.
(3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

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

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion

TRENCH WORK AT THE UVCC 23 Spec. No. 22-08
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.

(Remainder of Page Left Intentionally Blank)

TRENCH WORK AT THE UVCC 24 Spec. No. 22-08

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of Trench Work at the Ukiah Valley Conference Center. General locations of the work are at 200 South School Street, Ukiah California 95482.

The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract.

Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.

12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
12 General Information
13 Construction Details
14 Exclusions from General Conditions
15 Amendments to General Conditions

12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Appendix "A". A map will be provided to the successful bidder showing the exact locations of the work to be done. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - The City Council.

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

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

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

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

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

1. (City) Special Provisions

TRENCH WORK AT THE UVCC 25 Spec. No. 22-08

2. (City) Project Plans

3. City Standard Plans and Details

4. California Standard Plans

5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work.
12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "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.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.

TRENCH WORK AT THE UVCC 26 Spec. No. 22-08
SECTION 13 - CONSTRUCTION DETAILS
13-01. Scope of work. Saw cut sidewalk and AC pavement to facilitate trench. Excavate trench approximately 2 feet wide 56 inches deep and approximately 20 to 25 feet long from generator pad to electrical room in building.

Exact locations to be determined in the field. Install in trench two 3-inch conduits and one 1-inch conduit from project area A to project area B. Exact locations to be determined in the field. Backfill and compact per local requirements, install new AC patch over trench at parking lot and pour new concrete sidewalk where removed and finish per City standard. Please refer to attached Drawing 22422 for details. Concrete pad to be done by others.

SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS
14-01. Provisions to be Excluded from General Conditions. The following designated provisions of the General Conditions are hereby determined to be inapplicable to the proposed work and, therefore, are hereby excluded from the terms of the Notice to Bidders, Proposal, Agreement and other contract documents as though entirely omitted from said General Conditions:
(1) Section 6-02. Office at the Site
(2) Section 7-03. Surveys
No other exclusions.

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

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

This project is funded by a Community Development Block Grant (CDBG), which is a federal funding source. Refer to the following that are added and made part of the General Conditions:

Attachment 1 – HUD 4010 – Federal Labor Standards Provisions Attachment 2 – Form 5369-A – Representations, Certifications and Other Statements of Bidders (this will be required to be filled out and returned with the other bid documents).

Attachment 3 – Wage Determinations
Attachment 4 – 2530 – Previous Participation Agreement

TRENCH WORK AT THE UVCC 27 Spec. No. 22-08

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 28)
 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 31)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 32)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 33)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 34)
 Filled out completely per instruction
o Statement of Experience (Page 35)
o Signature of Bidder (Page 36)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 37)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 38)
 Filled out completely per instruction
 Notarized
o Attachment 2 – 5369-A – Representations, Certifications, and Other Statements of Bidders.  Filled out completely per instruction
o Attachment 4 – Previous Participation Certificate (only applicable to construction and equipment contracts exceeding $50,000).
 Filled out completely per instruction
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing.

TRENCH WORK AT THE UVCC 28 Spec. No. 22-08

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

TRENCH WORK AT THE UVCC
Specification No. 22-08
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

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

TRENCH WORK AT THE UVCC 29 Spec. No. 22-08

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

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

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

The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.

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

Lowest bid will be based on the lowest Base Bid.

TRENCH WORK AT THE UVCC 30 Spec. No. 22-08
NAME OF BIDDER:

SPEC #: 22-08
PROJECT NAME: TRENCH WORK AT THE UVCC
ITEM# DESCRIPTION UNIT OF

MEASURE

QUANTITY PRICE IN FIGURES
1 All labor, materials and equipment to excavate
a trench and install conduit as per these
specifications.

Lump Sum 1 $_______________
TOTAL BID IN WORDS==>>________________________________________________________ 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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

TRENCH WORK AT THE UVCC 31 Spec. No. 22-08

FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO: _____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

TRENCH WORK AT THE UVCC, SPEC. NO. 22-08
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

TRENCH WORK AT THE UVCC 32 Spec. No. 22-08

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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

TRENCH WORK AT THE UVCC 33 Spec. No. 22-08

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.)

TRENCH WORK AT THE UVCC 34 Spec. No. 22-08

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

TRENCH WORK AT THE UVCC 35 Spec. No. 22-08

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. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

TRENCH WORK AT THE UVCC 36 Spec. No. 22-08

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: __________________

TRENCH WORK AT THE UVCC 37 Spec. No. 22-08

CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, ______________________________________________________________ ________________________________________________________________, as PRINCIPAL and ________________________________________________________________ ________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $____________________

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on July 28, 2022 for TRENCH WORK AT THE UVCC, SPEC. 22-08.

NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________

TRENCH WORK AT THE UVCC 38 Spec. No. 22-08

NON-COLLUSION AFFIDAVIT
Note: Bidder shall execute the affidavit on this page prior to submitting his or her bid.

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing TRENCH WORK AT THE UVCC, SPEC 22-08 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address: __________________________________________________ __________________________________________________
__________________________________________________
Place of Residence: __________________________________________________ __________________________________________________
__________________________________________________

NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.

My Commission Expires ________________________, 20 ____.

TRENCH WORK AT THE UVCC 39 Spec. No. 22-08

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR

TRENCH WORK AT THE UVCC
Specification No. 22-08
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:

WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law a notice to bidders inviting sealed proposals for doing the work in accordance with the terms of this contract and WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted and as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder for the work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:

Article 1. Work to be Done and Contract Days Allowed.

That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within fourteen (14) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer

TRENCH WORK AT THE UVCC 40 Spec. No. 22-08
Article II. Contract Prices.

That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, color, national origin or ancestry, or religion of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of this chapter." In connection with the performance of work under this contract, the Contractor agrees as follows:
(a) The Contractor will not willfully discriminate against any employee or an applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this Fair Employment Practice section. (b) The Contractor will send to each labor union or representative of workers with which he or she has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or worker's representative of the Contractor's commitments under this section, to employees and applicants for employment. (c) The Contractor will permit access to his or her records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment Practices Commission, City of Ukiah or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract.
(d) A finding of willful violation of the Fair Employment Practices section of this Contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's pre-qualification rating, if any and for refusing to establish, reestablish or renew a pre-qualification rating for the Contractor.

The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair Employment Practices Act to have occurred upon that it has investigated and determined that the Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.

TRENCH WORK AT THE UVCC 41 Spec. No. 22-08
Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

TRENCH WORK AT THE UVCC 42 Spec. No. 22-08
Article IV. Parts of the Contract.

That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Contract Bonds

9. Contract Drawings and Construction Details

10. Standard Drawings

11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their names to be signed by authority of their duly authorized office this _____ day of _____________, 20____.

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________

CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________

CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________

CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________

CITY ATTORNEY, CITY OF UKIAH

TRENCH WORK AT THE UVCC 43 Spec. No. 22-08

INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on _________________, 20____, by and between the City of Ukiah (Ukiah) and ______________________________________ (Contractor).

Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.

As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will protect Ukiah from damage or damage claims which arise from its performance of the work.

Accordingly, Contractor agrees as follows:

1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and employees from and against any claim, loss, or damage, including the legal and other costs of defending against any claim of damage or loss which arises out of the Contractor’s negligent or wrongful performance under the work order attached hereto, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees.

CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________

TRENCH WORK AT THE UVCC 44 Spec. No. 22-08

CITY OF UKIAH
Mendocino County, California

PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:

THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract

TRENCH WORK AT THE UVCC 45 Spec. No. 22-08
price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

TRENCH WORK AT THE UVCC 46 Spec. No. 22-08
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________

Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)

TRENCH WORK AT THE UVCC 47 Spec. No. 22-08

CITY OF UKIAH
Mendocino County, California

PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.

Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:

TRENCH WORK AT THE UVCC 48 Spec. No. 22-08
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________

IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.

TRENCH WORK AT THE UVCC 49 Spec. No. 22-08

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

1. Individual sureties, partnerships, or corporations not in the surety business will not be acceptable.

2. The name of the Principal shall be shown exactly as it appears in the Contract.

3. The penal sum shall not be less than required by the Specifications.

4. If the Principals are partners or joint venturers, each member shall execute the bond as an individual and state his place of residence.

5. If the Principal is a corporation, the bond shall be executed under its corporate seal.

If the corporation has no corporate seal, it shall so state and affix a scroll or adhesive seal following the corporate name.

6. The official character and authority of the person(s) executing the bond for the Principal, if a corporation, shall be certified by the Secretary or Assistant Secretary thereof under the corporate seal, or copies attached to such records of the corporation as will evidence the official character and authority of the officer signing, duly certified by the Secretary or Assistant Secretary, under the corporate seal, to be true copies.

7. The current power-of-attorney of the person signing for the surety company must be attached to the bond.

8. The date of the bond must not be prior to the date of the Contract.

9. The following information must be placed on the bond by the surety company:
a. The rate of premium in dollars per thousand; and
b. The total dollar amount of premium charged.

10. The signature of a witness shall appear in the appropriate place attending to the signature of each party of the bond.

11. Type or print the name underneath each signature appearing on the bond.

12. An executed copy of the bond must be attached to each copy of the Contract (original counterpart) intended for signing.

TRENCH WORK AT THE UVCC 50 Spec. No. 22-08

CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

KNOW ALL MEN BY THESE PRESENTS,
That we, _____________________________________________________________________ __________________________________________________________________, as PRINCIPAL and__________________________________________________________________________ ___________________________________________________________________, as SURETY, are held and firmly bound unto the City of Ukiah as Obligee, in the penal sum of ___________________________________________________________________________________ _________________________________________________________($____________________), (5 PERCENT OF THE FINAL CONTRACT AMOUNT)
to which payment well and truly to be made, we do bind ourselves, our and each of our heirs, executors, administrators successors and assigns jointly and severally, firmly by these presents.

WHEREAS, the said Principal entered into a Contract with the City of Ukiah dated_________________________
for _________________________________________________________________________________ ____________________________________________________________________________________ WHEREAS, said Contract has been completed, and was approved on the ______ day of ___________, _________,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall guarantee that the work will be free of any defective materials or workmanship which become apparent during the period of one (1) year following completion of the Contract, then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the surety assumes no liability for such a guarantee.

Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety

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