Ukiah City Council
April 5, 2023

Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions.
e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision.
f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Teva Settlement Agreement and this CA Teva Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2.
ii. Use of CA Abatement Accounts Funds
a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Teva Settlement Agreement.
b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities:
(1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD;
(4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or
(5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS 4

will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Teva Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Teva Settlement Agreement and this CA Teva Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated.
iii. CA Abatement Accounts Fund Oversight
a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Teva Settlement Agreement and this CA Teva Allocation Agreement.
b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Teva Settlement Agreement or this CA Teva Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame.
d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Teva Settlement Agreement or this CA Teva Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement. e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, 5

investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions.

C. CA Subdivision Fund
i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Teva Settlement Agreement and this CA Teva Allocation Agreement, to fund future Opioid Remediation and reimburse past opioidrelated expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2.

The CA Subdivision Funds will be allocated as follows:
a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document;
b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant.

D. Provision for State Back-Stop Agreement
On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Teva Settlement Agreement and Allergan Settlement Agreement, and, if applicable, the CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and Walmart Settlement Agreement.

A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(X), of the Teva Settlement Agreement and the MDL Fees Order, 6

so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Teva Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Teva Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments.

To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms.

For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General.

5. State and Subdivision Reporting
a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site.
b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Teva Settlement Agreement and this CA Teva Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions.
c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7

d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Teva Settlement Agreement and this CA Teva Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section VIII(C) of the Teva Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Teva.
e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions.

6. Miscellaneous
a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Teva Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa.
b) Except as provided in the Teva Settlement Agreement, this CA Teva Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party.
c) Except as provided in the CA Teva Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Teva Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 8

APPENDIX 1
DISCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds—Teva Settlement, whereas the percentages shown in the Abatement Percentage column should not change. Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled “Abatement Percentage,” pursuant to Section 4.B.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” payments allocated to a Plaintiff Subdivision, which is not an Initial Participating Subdivision, will be re-allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. Regarding the column herein entitled “Abatement Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.B. Regarding the column herein entitled “Plaintiff Subdivision Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the California Subdivision Funds received, pursuant to Section 4.C.

Regarding the column herein entitled “Weighted Allocation Percentage,” the annotation of “100%” refers to one-hundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage.

APPENDIX 1
100.000% 100.000% 100.000%
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Alameda County Alameda 2.332% 2.853% 2.4237952%
City Alameda Alameda 0.069% 0.0570162%
City Albany Alameda 0.013% 0.0107768%
City Berkeley Alameda 0.152% 0.1249656%
City Dublin Alameda 0.033% 0.040% 0.0338810%
City Emeryville Alameda 0.023% 0.0185765%
City Fremont Alameda 0.108% 0.0888576%
City Hayward Alameda 0.117% 0.0966218%
City Livermore Alameda 0.054% 0.0446740%
City Newark Alameda 0.026% 0.0217626%
City Oakland Alameda 0.486% 0.595% 0.5055601%
City Piedmont Alameda 0.014% 0.0114064%
City Pleasanton Alameda 0.067% 0.0554547%
City San Leandro Alameda 0.039% 0.0321267%
City Union City Alameda 0.043% 0.0352484%
County Amador County Amador 0.226% 0.277% 0.2349885%
County Butte County Butte 1.615% 1.975% 1.6783178%
City Chico Butte 0.216% 0.264% 0.2246499%
City Oroville Butte 0.079% 0.0646595%
County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221%
County Contra Costa County Contra Costa 2.102% 2.571% 2.1844585% City Antioch Contra Costa 0.037% 0.0301879%
City Brentwood Contra Costa 0.026% 0.0215339%
City Clayton Contra Costa 0.002% 0.0018060%
City Concord Contra Costa 0.055% 0.0456676%
City Danville Contra Costa 0.010% 0.0082255%
City El Cerrito Contra Costa 0.023% 0.0189024%
City Hercules Contra Costa 0.010% 0.0078273%
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivisio
Percentage
Weighted
Allcation
Percentage
City Lafayette Contra Costa 0.006% 0.0046030%
City Martinez Contra Costa 0.012% 0.0098593%
City Moraga Contra Costa 0.004% 0.0031007%
City Oakley Contra Costa 0.010% 0.0079416%
City Orinda Contra Costa 0.005% 0.0038157%
City Pinole Contra Costa 0.013% 0.0110909%
City Pittsburg Contra Costa 0.053% 0.0436369%
City Pleasant Hill Contra Costa 0.013% 0.0106309%
City Richmond Contra Costa 0.146% 0.1201444%
City San Pablo Contra Costa 0.018% 0.0148843%
City San Ramon Contra Costa 0.021% 0.0176459%
City Walnut Creek Contra Costa 0.026% 0.0212132%
County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% City Placerville El Dorado 0.015% 0.0127642%
City South Lake Tahoe El Dorado 0.081% 0.0665456%
County Fresno County Fresno 1.895% 2.318% 1.9693410%
City Clovis Fresno 0.065% 0.0536211%
City Coalinga Fresno 0.012% 0.0098554%
City Fresno Fresno 0.397% 0.3270605%
City Kerman Fresno 0.005% 0.0042534%
City Kingsburg Fresno 0.008% 0.0066167%
City Mendota Fresno 0.002% 0.0019387%
City Orange Cove Fresno 0.004% 0.0035607%
City Parlier Fresno 0.008% 0.0069755%
City Reedley Fresno 0.012% 0.0098804%
City Sanger Fresno 0.018% 0.0146135%
City Selma Fresno 0.015% 0.0127537%
County Glenn County Glenn 0.107% 0.131% 0.1116978%
County Humboldt County Humboldt 1.030% 1.260% 1.0703185%

APPENDIX 1
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2 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Allcation
Percentage
City Arcata Humboldt 0.054% 0.0447660%
City Eureka Humboldt 0.117% 0.143% 0.1216284%
City Fortuna Humboldt 0.032% 0.0266837%
County Imperial County Imperial 0.258% 0.315% 0.2679006% City Brawley Imperial 0.011% 0.0087986%
City Calexico Imperial 0.019% 0.0152799%
City El Centro Imperial 0.158% 0.1302522%
City Imperial Imperial 0.006% 0.0048791%
County Inyo County Inyo 0.073% 0.089% 0.0754413%
County Kern County Kern 2.517% 3.079% 2.6159145%
City Arvin Kern 0.006% 0.0046425%
City Bakersfield Kern 0.212% 0.1747198%
City California City Kern 0.009% 0.0070820%
City Delano Kern 0.030% 0.0249316%
City McFarland Kern 0.003% 0.0025644%
City Ridgecrest Kern 0.015% 0.0120938%
City Shafter Kern 0.013% 0.0103417%
City Tehachapi Kern 0.009% 0.0073580%
City Wasco Kern 0.008% 0.0069861%
County Kings County Kings 0.293% 0.2413469%
City Avenal Kings 0.007% 0.0056335%
City Corcoran Kings 0.013% 0.0107032%
City Hanford Kings 0.027% 0.0226038%
City Lemoore Kings 0.016% 0.0131900%
County Lake County Lake 0.795% 0.6545389%
City Clearlake Lake 0.041% 0.050% 0.0426253%
City Lakeport Lake 0.021% 0.026% 0.0222964%
County Lassen County Lassen 0.319% 0.391% 0.3320610%
City Susanville Lassen 0.027% 0.0219295%
County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559%

APPENDIX 1
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Weighted
3 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Weighted
Allcation
Percentage
City Agoura Hills Los Angeles 0.005% 0.0040024%
City Alhambra Los Angeles 0.042% 0.0343309%
City Arcadia Los Angeles 0.033% 0.0267718%
City Artesia Los Angeles 0.001% 0.0005100%
City Azusa Los Angeles 0.026% 0.0210857%
City Baldwin Park Los Angeles 0.027% 0.0218520%
City Bell Los Angeles 0.008% 0.0068783%
City Bellflower Los Angeles 0.002% 0.0014485%
City Bell Gardens Los Angeles 0.014% 0.0114301%
City Beverly Hills Los Angeles 0.065% 0.0534897%
City Burbank Los Angeles 0.100% 0.0823132%
City Calabasas Los Angeles 0.006% 0.0048948%
City Carson Los Angeles 0.019% 0.0159805%
City Cerritos Los Angeles 0.005% 0.0039682%
City Claremont Los Angeles 0.010% 0.0082584%
City Commerce Los Angeles 0.000% 0.0002971%
City Compton Los Angeles 0.044% 0.0361882%
City Covina Los Angeles 0.028% 0.0229127%
City Cudahy Los Angeles 0.001% 0.0006020%
City Culver City Los Angeles 0.055% 0.0449894%
City Diamond Bar Los Angeles 0.001% 0.0006993%
City Downey Los Angeles 0.052% 0.0429994%
City Duarte Los Angeles 0.003% 0.0027261%
City El Monte Los Angeles 0.031% 0.038% 0.0318985%
City El Segundo Los Angeles 0.033% 0.0268020%
City Gardena Los Angeles 0.034% 0.0278088%
City Glendale Los Angeles 0.166% 0.1366586%
City Glendora Los Angeles 0.016% 0.0134411%
City Hawaiian Gardens Los Angeles 0.005% 0.0040549%
City Hawthorne Los Angeles 0.050% 0.0407833%

APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Weighted
Allcation
Percentage
City Hermosa Beach Los Angeles 0.018% 0.0145307%
City Huntington Park Los Angeles 0.023% 0.0190667%
City Inglewood Los Angeles 0.059% 0.0489195%
City La Cañada Flintridge Los Angeles 0.003% 0.0025565% City Lakewood Los Angeles 0.005% 0.0039971%
City La Mirada Los Angeles 0.010% 0.0081572%
City Lancaster Los Angeles 0.045% 0.0369689%
City La Puente Los Angeles 0.002% 0.0012999%
City La Verne Los Angeles 0.024% 0.0194190%
City Lawndale Los Angeles 0.002% 0.0017731%
City Lomita Los Angeles 0.004% 0.0031940%
City Long Beach Los Angeles 0.439% 0.3614151%
City Los Angeles Los Angeles 2.715% 3.321% 2.8218811%
City Lynwood Los Angeles 0.016% 0.0134345%
City Malibu Los Angeles 0.002% 0.0019269%
City Manhattan Beach Los Angeles 0.032% 0.0260686%
City Maywood Los Angeles 0.004% 0.0035528%
City Monrovia Los Angeles 0.031% 0.0254455%
City Montebello Los Angeles 0.030% 0.0250670%
City Monterey Park Los Angeles 0.031% 0.0256677%
City Norwalk Los Angeles 0.031% 0.0258228%
City Palmdale Los Angeles 0.046% 0.0375827%
City Palos Verdes Estates Los Angeles 0.006% 0.0053102% City Paramount Los Angeles 0.011% 0.0091483%
City Pasadena Los Angeles 0.146% 0.1200524%
City Pico Rivera Los Angeles 0.022% 0.0183333%
City Pomona Los Angeles 0.111% 0.0911933%
City Rancho Palos Verdes Los Angeles 0.002% 0.0012645%
City Redondo Beach Los Angeles 0.062% 0.0506992%
City Rosemead Los Angeles 0.003% 0.0028260%

APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Weighted
Allcation
Percentage
City San Dimas Los Angeles 0.003% 0.0022016%
City San Fernando Los Angeles 0.013% 0.0104837%
City San Gabriel Los Angeles 0.018% 0.0147726%
City San Marino Los Angeles 0.009% 0.0073791%
City Santa Clarita Los Angeles 0.022% 0.0178167%
City Santa Fe Springs Los Angeles 0.031% 0.0257531%
City Santa Monica Los Angeles 0.158% 0.1298513%
City Sierra Madre Los Angeles 0.006% 0.0048646%
City Signal Hill Los Angeles 0.010% 0.0084884%
City South El Monte Los Angeles 0.005% 0.0039603%
City South Gate Los Angeles 0.020% 0.0166272%
City South Pasadena Los Angeles 0.012% 0.0095334%
City Temple City Los Angeles 0.005% 0.0039498%
City Torrance Los Angeles 0.112% 0.0919820%
City Walnut Los Angeles 0.006% 0.0047305%
City West Covina Los Angeles 0.049% 0.0404521%
City West Hollywood Los Angeles 0.013% 0.0108517%
City Whittier Los Angeles 0.032% 0.0260581%
County Madera County Madera 0.349% 0.427% 0.3630669%
City Chowchilla Madera 0.012% 0.0097332%
City Madera Madera 0.039% 0.0318441%
County Marin County Marin 0.564% 0.690% 0.5861325%
City Larkspur Marin 0.015% 0.0124697%
City Mill Valley Marin 0.020% 0.0168401%
City Novato Marin 0.028% 0.0229824%
City San Anselmo Marin 0.009% 0.0078062%
City San Rafael Marin 0.089% 0.0729823%
County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% City Ukiah Mendocino 0.039% 0.0317153%

APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
County Merced County Merced 0.551% 0.674% 0.5724262%
City Atwater Merced 0.024% 0.0195846%
City Livingston Merced 0.006% 0.0045873%
City Los Banos Merced 0.020% 0.0165142%
City Merced Merced 0.061% 0.0500762%
County Modoc County Modoc 0.065% 0.080% 0.0678250%
County Mono County Mono 0.023% 0.029% 0.0242606%
County Monterey County Monterey 0.908% 1.111% 0.9437083% City Greenfield Monterey 0.006% 0.0050552%
City King City Monterey 0.005% 0.0037355%
City Marina Monterey 0.017% 0.0144098%
City Monterey Monterey 0.041% 0.0336540%
City Pacific Grove Monterey 0.009% 0.0074842%
City Salinas Monterey 0.094% 0.0776576%
City Seaside Monterey 0.023% 0.0191772%
City Soledad Monterey 0.007% 0.0060870%
County Napa County Napa 0.288% 0.352% 0.2994325%
City American Canyon Napa 0.017% 0.0136869%
City Napa Napa 0.078% 0.0642783%
County Nevada County Nevada 0.441% 0.539% 0.4579827%
City Grass Valley Nevada 0.024% 0.0197805%
City Truckee Nevada 0.003% 0.0023843%
County Orange County Orange 4.364% 5.339% 4.5363576%
City Aliso Viejo Orange 0.014% 0.0113841%
City Anaheim Orange 0.554% 0.678% 0.5759282%
City Brea Orange 0.086% 0.0708897%
City Buena Park Orange 0.087% 0.0714352%
City Costa Mesa Orange 0.124% 0.152% 0.1288366%
City Cypress Orange 0.033% 0.0271937%
City Dana Point Orange 0.001% 0.0005560%

APPENDIX 1
7 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Weighted
Allcation
Percentage
City Fountain Valley Orange 0.055% 0.0455980%
City Fullerton Orange 0.137% 0.168% 0.1425744%
City Garden Grove Orange 0.213% 0.1752482%
City Huntington Beach Orange 0.247% 0.302% 0.2568420%
City Irvine Orange 0.139% 0.170% 0.1442350%
City Laguna Beach Orange 0.047% 0.058% 0.0493043%
City Laguna Hills Orange 0.014% 0.0115457%
City Laguna Niguel Orange 0.001% 0.0007071%
City Laguna Woods Orange 0.001% 0.0006546%
City La Habra Orange 0.060% 0.073% 0.0621049%
City Lake Forest Orange 0.012% 0.0101249%
City La Palma Orange 0.012% 0.0095439%
City Los Alamitos Orange 0.008% 0.0069190%
City Mission Viejo Orange 0.014% 0.0117560%
City Newport Beach Orange 0.179% 0.1470134%
City Orange Orange 0.150% 0.1231320%
City Placentia Orange 0.029% 0.035% 0.0298912%
City Rancho Santa Margarita Orange 0.001% 0.0006296%
City San Clemente Orange 0.008% 0.010% 0.0086083%
City San Juan Capistrano Orange 0.008% 0.0065510%
City Santa Ana Orange 0.502% 0.614% 0.5213866%
City Seal Beach Orange 0.020% 0.0165891%
City Stanton Orange 0.035% 0.0291955%
City Tustin Orange 0.073% 0.0600341%
City Westminster Orange 0.104% 0.127% 0.1082721%
City Yorba Linda Orange 0.044% 0.0362223%
County Placer County Placer 1.045% 1.278% 1.0861002%
City Auburn Placer 0.017% 0.0141114%
City Lincoln Placer 0.031% 0.0255599%
City Rocklin Placer 0.076% 0.0625485%

APPENDIX 1
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Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Roseville Placer 0.196% 0.1616559%
County Plumas County Plumas 0.205% 0.251% 0.2128729%
County Riverside County Riverside 4.534% 5.547% 4.7128296% City Banning Riverside 0.017% 0.0143848%
City Beaumont Riverside 0.021% 0.0171135%
City Blythe Riverside 0.012% 0.0096714%
City Canyon Lake Riverside 0.000% 0.0001761%
City Cathedral City Riverside 0.067% 0.0553614%
City Coachella Riverside 0.021% 0.0173054%
City Corona Riverside 0.147% 0.1207083%
City Desert Hot Springs Riverside 0.024% 0.0200433%
City Eastvale Riverside 0.000% 0.0002747%
City Hemet Riverside 0.051% 0.0421792%
City Indio Riverside 0.056% 0.0457794%
City Jurupa Valley Riverside 0.001% 0.0008991%
City Lake Elsinore Riverside 0.021% 0.0172949%
City La Quinta Riverside 0.063% 0.0516732%
City Menifee Riverside 0.032% 0.0260909%
City Moreno Valley Riverside 0.137% 0.1130348%
City Murrieta Riverside 0.048% 0.059% 0.0497423%
City Norco Riverside 0.016% 0.0134542%
City Palm Desert Riverside 0.083% 0.0682465%
City Palm Springs Riverside 0.076% 0.0629862%
City Perris Riverside 0.009% 0.0076774%
City Rancho Mirage Riverside 0.052% 0.0431098%
City Riverside Riverside 0.268% 0.2206279%
City San Jacinto Riverside 0.010% 0.0085936%
City Temecula Riverside 0.022% 0.0180086%
City Wildomar Riverside 0.008% 0.0062500%
County Sacramento County Sacramento 3.797% 4.645% 3.9465887%

APPENDIX 1
9 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivisio
Percentage
Weighted
Allcation
Percentage
City Citrus Heights Sacramento 0.057% 0.0465312%
City Elk Grove Sacramento 0.130% 0.1066994%
City Folsom Sacramento 0.108% 0.0890850%
City Galt Sacramento 0.017% 0.0143704%
City Rancho Cordova Sacramento 0.008% 0.0067679%
City Sacramento Sacramento 0.721% 0.882% 0.7496530%
County San Benito County San Benito 0.106% 0.130% 0.1101417% City Hollister San Benito 0.027% 0.0225355%
County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% City Adelanto San Bernardino 0.008% 0.0066640%
City Apple Valley San Bernardino 0.025% 0.0207360%
City Barstow San Bernardino 0.015% 0.0122056%
City Chino San Bernardino 0.064% 0.0525893%
City Chino Hills San Bernardino 0.001% 0.0006388%
City Colton San Bernardino 0.031% 0.0253443%
City Fontana San Bernardino 0.112% 0.0920543%
City Grand Terrace San Bernardino 0.006% 0.0051051%
City Hesperia San Bernardino 0.035% 0.0291522%
City Highland San Bernardino 0.004% 0.0029061%
City Loma Linda San Bernardino 0.009% 0.0071188%
City Montclair San Bernardino 0.039% 0.0322108%
City Ontario San Bernardino 0.179% 0.1472934%
City Rancho Cucamonga San Bernardino 0.084% 0.0689431%
City Redlands San Bernardino 0.057% 0.0469150%
City Rialto San Bernardino 0.073% 0.0603206%
City San Bernardino San Bernardino 0.178% 0.1461880%
City Twentynine Palms San Bernardino 0.002% 0.0012605%
City Upland San Bernardino 0.052% 0.0424460%
City Victorville San Bernardino 0.033% 0.0269400%
City Yucaipa San Bernardino 0.016% 0.0128772%

APPENDIX 1
n
10 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percenta
Weighted
Allcation
Percentage
City Yucca Valley San Bernardino 0.003% 0.0021228%
County San Diego County San Diego 5.706% 6.980% 5.9309748% City Carlsbad San Diego 0.128% 0.1050485%
City Chula Vista San Diego 0.189% 0.231% 0.1961456%
City Coronado San Diego 0.044% 0.0359095%
City El Cajon San Diego 0.113% 0.0933582%
City Encinitas San Diego 0.061% 0.074% 0.0630289%
City Escondido San Diego 0.145% 0.1192204%
City Imperial Beach San Diego 0.014% 0.0118283%
City La Mesa San Diego 0.055% 0.068% 0.0575593%
City Lemon Grove San Diego 0.022% 0.0183911%
City National City San Diego 0.080% 0.0656808%
City Oceanside San Diego 0.213% 0.1753428%
City Poway San Diego 0.062% 0.0511040%
City San Diego San Diego 1.975% 2.416% 2.0531169%
City San Marcos San Diego 0.089% 0.0733897%
City Santee San Diego 0.033% 0.0268401%
City Solana Beach San Diego 0.017% 0.0138564%
City Vista San Diego 0.052% 0.0425144%
Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% City Lathrop San Joaquin 0.009% 0.0075394%
City Lodi San Joaquin 0.053% 0.0439484%
City Manteca San Joaquin 0.054% 0.0443454%
City Ripon San Joaquin 0.013% 0.0104219%
City Stockton San Joaquin 0.313% 0.383% 0.3256176%
City Tracy San Joaquin 0.084% 0.0692047%
County San Luis Obispo County San Luis Obispo 0.816% 0.999% 0.8484126% City Arroyo Grande San Luis Obispo 0.024% 0.0199053%
City Atascadero San Luis Obispo 0.029% 0.0240680%

APPENDIX 1
ge
11 of 15

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City El Paso de Robles (Paso Robles) San Luis Obispo 0.043% 0.0353456% City Grover Beach San Luis Obispo 0.017% 0.0137881%
City Morro Bay San Luis Obispo 0.020% 0.0160922%
City San Luis Obispo San Luis Obispo 0.077% 0.0637841%
County San Mateo County San Mateo 1.074% 1.313% 1.1159599% City Belmont San Mateo 0.021% 0.0169860%
City Burlingame San Mateo 0.019% 0.0152537%
City Daly City San Mateo 0.044% 0.0363880%
City East Palo Alto San Mateo 0.013% 0.0103982%
City Foster City San Mateo 0.020% 0.0166101%
City Half Moon Bay San Mateo 0.004% 0.0031638%
City Hillsborough San Mateo 0.013% 0.0110029%
City Menlo Park San Mateo 0.015% 0.0126209%
City Millbrae San Mateo 0.013% 0.0105836%
City Pacifica San Mateo 0.016% 0.0130625%
City Redwood City San Mateo 0.056% 0.0463511%
City San Bruno San Mateo 0.021% 0.0172161%
City San Carlos San Mateo 0.013% 0.0108885%
City San Mateo San Mateo 0.052% 0.0425841%
City South San Francisco San Mateo 0.043% 0.0353943%
County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% City Carpinteria Santa Barbara 0.001% 0.0008938%
City Goleta Santa Barbara 0.004% 0.0028969%
City Lompoc Santa Barbara 0.047% 0.0389379%
City Santa Barbara Santa Barbara 0.122% 0.1004559%
City Santa Maria Santa Barbara 0.058% 0.0479179%
County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% City Campbell Santa Clara 0.014% 0.0112566%
City Cupertino Santa Clara 0.008% 0.0066824%
City Gilroy Santa Clara 0.025% 0.0202891%
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APPENDIX 1

Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Los Altos Santa Clara 0.013% 0.0103338%
City Los Gatos Santa Clara 0.013% 0.0103220%
City Milpitas Santa Clara 0.036% 0.0298120%
City Morgan Hill Santa Clara 0.015% 0.0124619%
City Mountain View Santa Clara 0.041% 0.0334608%
City Palo Alto Santa Clara 0.039% 0.0323080%
City San Jose Santa Clara 0.294% 0.360% 0.3054960%
City Santa Clara Santa Clara 0.067% 0.0549723%
City Saratoga Santa Clara 0.004% 0.0034161%
City Sunnyvale Santa Clara 0.053% 0.0434069%
County Santa Cruz County Santa Cruz 0.783% 0.957% 0.8135396% City Capitola Santa Cruz 0.020% 0.0168191%
City Santa Cruz Santa Cruz 0.143% 0.1180348%
City Scotts Valley Santa Cruz 0.015% 0.0126525%
City Watsonville Santa Cruz 0.063% 0.0520136%
County Shasta County Shasta 1.095% 1.339% 1.1380191%
City Anderson Shasta 0.024% 0.0198896%
City Redding Shasta 0.284% 0.2334841%
City Shasta Lake Shasta 0.004% 0.0031993%
County Siskiyou County Siskiyou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795%
City Benicia Solano 0.031% 0.0253903%
City Dixon Solano 0.016% 0.0130849%
City Fairfield Solano 0.109% 0.0897317%
City Suisun City Solano 0.021% 0.0176183%
City Vacaville Solano 0.119% 0.0976497%
City Vallejo Solano 0.167% 0.1373644%
County Sonoma County Sonoma 1.218% 1.490% 1.2661290%
City Healdsburg Sonoma 0.032% 0.0266929%
City Petaluma Sonoma 0.081% 0.0667507%

APPENDIX 1
13 of 15

Participatin
Subdivision
Classificatio
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Rohnert Park Sonoma 0.041% 0.0340759%
City Santa Rosa Sonoma 0.184% 0.1519070%
City Sonoma Sonoma 0.022% 0.0183438%
City Windsor Sonoma 0.016% 0.0129298%
County Stanislaus County Stanislaus 1.722% 1.4182273%
City Ceres Stanislaus 0.041% 0.0340260%
City Modesto Stanislaus 0.217% 0.1788759%
City Newman Stanislaus 0.006% 0.0046964%
City Oakdale Stanislaus 0.018% 0.0145531%
City Patterson Stanislaus 0.015% 0.0126590%
City Riverbank Stanislaus 0.010% 0.0085699%
City Turlock Stanislaus 0.065% 0.0531966%
County Sutter County Sutter 0.306% 0.374% 0.3179548%
City Yuba City Sutter 0.074% 0.0606242%
County Tehama County Tehama 0.213% 0.261% 0.2216654%
City Red Bluff Tehama 0.014% 0.0117771%
County Trinity County Trinity 0.082% 0.101% 0.0855476%
County Tulare County Tulare 0.809% 0.990% 0.8410949%
City Dinuba Tulare 0.014% 0.0116929%
City Exeter Tulare 0.004% 0.0032479%
City Farmersville Tulare 0.003% 0.0027879%
City Lindsay Tulare 0.007% 0.0057111%
City Porterville Tulare 0.021% 0.0171845%
City Tulare Tulare 0.037% 0.0302273%
City Visalia Tulare 0.066% 0.0545872%
County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681% 2.2781201%
City Camarillo Ventura 0.002% 0.0012815%
City Fillmore Ventura 0.002% 0.0020294%
City Moorpark Ventura 0.008% 0.0067337%

APPENDIX 1
g
n
14 of 15

APPENDIX 1
Participating
Subdivision
Classification
Participating Subdivision County Abatement
Percentage
Plaintiff
Subdivision
Percentage
Weighted
Allcation
Percentage
City Oxnard Ventura 0.156% 0.190% 0.1617338%
City Port Hueneme Ventura 0.021% 0.0174145%
City San Buenaventura (Ventura) Ventura 0.085% 0.0702181% City Santa Paula Ventura 0.014% 0.0119072%
City Simi Valley Ventura 0.065% 0.0533043%
City Thousand Oaks Ventura 0.022% 0.0179902%
County Yolo County Yolo 0.357% 0.437% 0.3713319%
City Davis Yolo 0.055% 0.0451747%
City West Sacramento Yolo 0.066% 0.0544321%
City Woodland Yolo 0.058% 0.0477904%
County Yuba County Yuba 0.214% 0.262% 0.2225679%
City Marysville Yuba 0.014% 0.0112079%
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APPENDIX 2
Cost Reimbursement Procedure

1. Additional defined terms:
a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 31, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation Agreement(s) concerning a settlement with any Opioid Defendant(s).

Costs does not include attorneys’ fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs.
b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or former public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vote of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintiff Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses.

2. Cost Reimbursement to Plaintiff Subdivision
a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies.
b) Claims Procedure.
1

i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund must submit a claim to the Special Master no later than forty-five (45) days after the First Claims Date. The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work performed by the attorney or staff member. For reimbursement of “hard” costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attorney-client privilege or exemptions to the California Public Records Act.
iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs.
iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (21) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. v. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for reconsideration, to seek review in the Superior Court of California, pursuant to Code of Civil Procedure, section 1285, where the State has filed its Consent Judgment. 2

vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master’s preparation of a report of Costs does not discharge a Plaintiff Subdivision’s reporting requirement under Section VIII.C of the Teva Settlement Agreement.
vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating Subdivision, will submit to the Settlement Fund Administrator and Teva a report of the fees and expenses incurred by the Special Master pursuant to Section VIII.C of the Teva Settlement Agreement.
c) Claims Priority and Limitation.
i. The Special Master will submit invoices for compensation of reasonable fees and expenses to the Plaintiff Subdivision Committee no later than ninety (90) days prior to the Payment Date for each Annual Payment. The Plaintiff Subdivision Committee will promptly review and, if reasonable, approve the Special Master’s invoice for compensation. The Plaintiff Subdivision Committee will submit approved invoices to the Settlement Fund Administrator for payment. The Special Master’s approved invoices have priority and will be paid first from the CA Subdivision Fund before any award of Costs, subject to the limitation in Section 2.c.v below. ii. Final Awards of Costs that do not exceed seventy-five thousand dollars ($75,000.00) will be paid next in priority after the Special Master’s approved invoices.
iii. Final Awards of Costs in excess of seventy-five thousand dollars ($75,000.00) will be paid proportionally from the funds remaining in that year’s Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year’s distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full.
v. In no event will more than 50% of the total CA Subdivision Fund received in any year be used to pay Costs or the Special Master’s approved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, Walgreens Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs.
d) Collateral Source Payments and Third-Party Settlement. i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, by any source of funds created as a result of litigation against an Opioid Defendant for 3

its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award of Costs from the CA Subdivision Fund, it will repay the fund up to the prior award of Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision’s receipt of Cost funds from the collateral source, but no more than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plaintiff Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment.
ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Opioid Defendant outside of the National Opioid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earmarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from the CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such a settlement is paid after all final approved claims for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above. 4

APPENDIX 3

CALIFORNIA-SUBDIVISION BACKSTOP AGREEMENT
On August 6, 2021, Judge Polster of the US District Court for the Northern District of Ohio issued an Order (the Order), docket number 3814, in In Re National Prescription Opiate Litigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions eligible to participate in the Teva Settlement and their counsel.

In light of the Order, and at the request of [SUBDIVISION], the [SUBDIVISION], its counsel [COUNSEL], and the California Attorney General, on behalf of the State of California, are entering into this California-Subdivision Backstop Agreement (Backstop Agreement). [SUBDIVISION] and [COUNSEL] intend this Backstop Agreement to constitute a State BackStop Agreement as that term is used in the Order and in Exhibit R (Agreement on Attorneys’ Fees, Costs, and Expenses) of the Teva Settlement Agreement.

Pursuant to this Backstop Agreement, [SUBDIVISION] may, subject to the limitations of the Teva Settlement Agreement and CA Teva Allocation Agreement, as well as any other limitations imposed by law, use funds that it receives from the Teva Settlement CA Subdivision Fund to pay a contingent fee to [COUNSEL]. Any such payment from [SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the Teva Settlement. [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Teva Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments.

The Attorney General is executing this agreement solely because the definition of “State BackStop Agreement” in Exhibit R of the Teva Settlement Agreement requires such agreements to be between “a Settling State” and private counsel for a participating subdivision. Neither the California Attorney General nor the State of California have any obligations under this Backstop Agreement, and this Backstop Agreement does not require the payment of any state funds to [SUBDIVISION], [COUNSEL], or any other party.
[DATE] [SUBDIVISION SIGNATURE BLOCK]
[DATE] [COUNSEL SIGNATURE BLOCK]
[DATE] [ATTORNEY GENERAL SIGNATURE BLOCK]
1

Agenda Item No: 8.e.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2515

AGENDA SUMMARY REPORT
SUBJECT: Approve a Budget Amendment for a Contract with GSM Landscape to Prepare a Landscape Plan for McGarvey Park.

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

1. GSM Proposal

2. Integra Proposal

3. McGarvey Proposal Evaluation Summary
Summary: Council will consider approving a budget amendment for a contract with GSM Landscape to prepare a landscape plan for McGarvey Park.

Background: The City of Ukiah’s 43,000 square foot McGarvey Park occupies the block surrounded by West Clay street, South Dora Street, West Stephenson Street, and West Bush Street. The property was donated by Judge McGarvey in 1888. The location, plentiful shade, and abundant benches, along with some interesting flowering trees makes the park a popular stopping point. The park is actively and frequently used as a location for portrait photos as well as by picnickers, dog walkers and people looking for a comfortable place to rest.

However, the park’s traditional landscaping is overgrown with older plants, its paths are deteriorated with root humps, the irrigation needs replacement, and its central feature is a dilapidated and non-functional fountain.

The aging and deteriorated paths and irrigation require replacement. However, before replacement, it is necessary to decide what to do with the central “fountain” which subsequently calls into question the design and routing of the paths. A design plan is needed prior to seeking grant funding to replace the paths and irrigation.

The Purchasing Division released a Request for Proposals (RFP) to obtain a conceptual landscaping plan with enough detail to support future grant applications. Proposers were asked that the overall look and feel of the park remain unchanged. Additionally, the scope of work requires that the consultant prepare a palette of concepts to present to the Public Spaces Commission to allow for public comment.

Discussion: Proposals were received from GSM Landscape Architects (Attachment 1) and Integra Planning and Landscape Architecture (Attachment 2). The Purchasing Division assembled a review team with members from Community Services, Public Works, and Parks to review and score the proposals (Attachment 3).

Although cost was not one of the scored items, the GSM proposal scored higher and provided a lower proposal than the Integra proposal in the amount of $11,400. Staff plans to publicize a "one-subject" Community Forum at the Public Spaces Commission meeting in May or July to seek public review and comment on the first draft of the concept plan.

This project is part of the Council-adopted 22/23 Five-Year Capital Improvement Plan, and approved for the same budget year in the amount of $10,000. Staff is requesting the Council's approval to amend the budget in the amount of $1,400 to cover the cost of the winning proposal. Once approved, Staff will proceed with the preparation and execution of the contract.

Recommended Action: Approve a Budget Amendment for a Contract with GSM Landscape to Prepare a Landscape Plan for McGarvey Park.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 30022200.80220.18103: $10,000; 10000000.95300: $60,000; 30000000.91100: $60,000
PROPOSED BUDGET AMOUNT: 30022200.80220.18103: $11,400; 10000000.95300: $61,400; 30000000.91100: $61,400
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices. 4c – Continue to develop the City of Ukiah’s Tree Management Guidelines. 4d – Enhance carbon sequestration capacity.

P R O P O S A L F O R :

C I T Y O F U K I A H
M c G A R V E Y P A R K L A N D S C A P E P L A N

PROFESSIONAL SERVICES

LANDSCAPE ARCHITECTURAL DESIGN AND CONSULTING
F E B R U A R Y 3 , 2 0 2 3
GSM landscape architects, inc.
www.gsmlainc.com
Attachment 1

Title Page
Section 1: Firm Description, Qualifications, and Approach ..................................................... 4 Section 2: Resumes ...................................................................................................................... 18 Section 3: Scope of Work/Description of the Experience and Schedule ............................ 22

Section 4: Design Fee, Hourly Rates and Certificate of Insurance ......................................... 26

T A B L E O F C O N T E N T S

landscape
architects, inc.
1700 Soscol Avenue, Suite 23 • Napa CA 94559 • Phone 707 255 4630 • www.gsmlainc.com February 3, 2023
Elvia Fernandez
Finance Department, Purchasing Division
City of Ukiah
411 West Clay Street
Ukiah, CA 95482
Re: McGarvey Park Landscape Plan
Dear Ms. Fernandez:

GSM landscape architects, inc. is pleased to submit our proposal to prepare a Landscape Plan for the City of Ukiah’s McGarvey Park. Our experience, skills, and qualifications are ideally suited to assist the City with this project. We are passionate about design integrity, maintaining qualities unique to beloved park sites, and providing the public with increased access to community spaces.

GSM has experience partnering with public agencies on a full range of park and recreational projects. We work with public groups, city staff, and officials to carefully plan and execute projects, and provide services for long range park planning and feasibility assessment/analysis. We listen to and build consensus with clients to create designs that redevelop and re-establish key elements of mature parks in a modern, attractive, functional way with focus on long range sustainability. We provide a full range of services from schematic design to construction administration and project closeout, ensuring that our clients receive highquality finished projects.

We are the recipients of numerous park planning, facilitation and design awards and have long-standing working relationships with a number of cities, school districts, and agencies throughout the Bay Area and Northern California.

GSM can fully comply with the City’s standard Professional Consulting Services Agreement contained in Attachment A. Our insurance certificate is included in this response, and meets the City’s requirements within Attachment B.

Our proposal package addresses the RFP and Addendum 1. It includes our firm’s description, qualifications, and approach; resumes; scope of work/description of the experience and schedule; design fee, hourly rates and certificate of insurance. We are excited about the opportunity to provide landscape architectural design for McGarvey Park and look forward to working with the City of Ukiah again.

Very Sincerely Yours,
Gretchen Stranzl McCann, President, RLA, MUP, LEED AP, QSD/QSP GSM landscape architects, inc.
[email protected]
m.707-888-5364
cc: Mary Horger, Financial Services Manager; Procurement/Capital Projects/Special Projects City of Ukiah

Firm Description, Qualifications, and Approach
1

F I R M D E S C R I P T I O N ,

Q U A L I F I C A T I O N S , A N D A P P R O A C H

GSM HISTORY AND FIRM ORGANIZATION
Gretchen Stranzl McCann and her team know that exceptional public space design must be achieved within the parameters of the project budget. With this mission, her experience and desire to focus on work for the public sector, she founded GSM landscape architects, inc. in 1997, and leads a team of exceptional professionals to serve clients throughout Northern California.

GSM provides innovative, detailed design solutions and administration for a wide variety of landscape architectural projects with a focus on creativity, sustainability, and bringing communities together. We have significant experience working with public groups, staff and agencies on urban design, public spaces and park projects from site analysis and grant administration through construction closeout and systems certification.

Our Principal and Staff Landscape Architects are LEED APs, hold QSD, QSP, Bay-Friendly and Green Building Certification and work with agencies on their development of green building standards and education workshops for WELO compliance.

The City of Ukiah will benefit from having GSM bring their hands-on knowledge to the design process for McGarvey Park. We are respectful of public comment and meet local, state and federal codes and standards. Our creative design solutions for active and passive features for public spaces, sportsfields, parks, trails, and playgrounds carefully tie into existing surroundings. GSM projects incorporate sustainable solutions with water/energy efficiency that provide long lasting environments that require minimal maintenance.

Contact Information:

GSM landscape architects, inc.

Gretchen Stranzl McCann, President, ASLA, LEED AP, QSD/QSP 1700 Soscol Avenue, Suite 23, Napa, CA 94559
(707) 255-4630 Office; (707) 888-5364 Mobile; (707) 255-7480 Fax www.gsmlainc.com; [email protected]
Tax Identification Number: 45-3139489 Business Formation: Corporation Year Established: 1997; DBE and WBE Registration #5991
Project Managers:

Elizabeth Dunn, Staff Landscape Architect, ASLA, LEED AP Bart Ito, ASLA, Certified Playground Safety Inspector # 37423-0420 Professional Registration:

CA Registration Number #2790 Expiration 10/31/2024
CA Registration Number #5314 Expiration 6/30/2024
CO Registration Number #680 Expiration 1/31/2024
CLARB Record #7858
QSD/QSP Certificate #21262

CREATING A MEANINGFUL EXPERIENCE
GSM will bring a perfect blend of imaginative ideas that echo the City’s commitment to promoting a high quality of life for residents and visitors. We thrive on creating detailed, exciting, and functional facilities focusing on safety and ease of maintenance. We understand and apply sustainable landscape principles and practices to our projects.

Our designs are engaging and specify time-tested materials that stand up to the challenges of the public environment. We are well-versed in construction cost estimating and offer strong construction administration experience in order to meet community needs and create long-lasting, well loved, parks and community facilities.

We are an excellent choice for Ukiah’s McGarvey Park Landscape Plan.

EFFECTIVE PUBLIC OUTREACH
GSM has been successful helping Northern California and Bay Area cities achieve their objectives through inclusive and engaging planning and design processes. We facilitate stake holder meetings to identify issues and reach consensus on desired solutions to complicated design challenges. We engage the public in a lively and respectful manner to hear ideas and reach agreement on design direction. We employ various graphic devices to communicate issues and options in a clear fashion and capture input in concise and accurate notes for distribution and recording.

Life is fast and busy. Our approach to public outreach goes beyond basic meetings. Most people are on a hectic pace of work and family commitments and simply don’t have time to participate in the traditional model of public outreach. We leverage both new and traditional communication and outreach platforms to inform and engage the public.

Social media tools such as YouTube, Zoom and customized social platforms like Mind Mixer, which can be linked from or hosted on the City’s website, offer convenient information, accessible on a computer or smart phone. In combination with informational outreach, workshops scheduled for evenings and weekends, and opinion surveys with web-based tools such as SurveyMonkey, even the busiest residents can participate and receive realtime updates and watch a YouTube video of the most recent design presentation, or post a comment on the Project’s Social Media pages. GSM has excellent results using these techniques on our recent community projects.

CITY PARTNERSHIP
Given our resources and planned workload, we can immediately mobilize the required staff to meet demands associated with McGarvey Pak. We are a highly experienced team of landscape architects and technical staff, who work together regularly on public projects. Each staff member has been involved in project mapping, research, base plan creation, schematic design, construction document development, technical specification writing and preparing opinions of probable costs. Our landscape architects and planners are experienced in developing park planning documents in compliance with city standards, general plans, specific plans, and city adopted goals.

GSM is accustomed to “wearing many hats” required to provide design through - construction administrative services as a reliable extension of staff resources. Through extensive public agency experience, we understand that good teamwork and clear delegation of project tasks and responsibilities are essential to assure timely project delivery.

PROJECT MANAGEMENT
GSM provides clients with prompt, highly responsive, personalized service. We ensure that design and planning phases, associated tasks, and budget controls are in place before project commencement. Our team achieves on-time success through in-depth initial project evaluation to ensure realistic timeframes, tasks and assignments. We develop custom internal monitoring systems for each project that are maintained and reviewed on a weekly basis. This guarantees that our work tasks are progressing on schedule and within budget. GSM consistently provides solid customer service, quality control and coordination efforts each step of the way, ensuring that there are no surprises and that our projects stay on track.

REGULATORY EXPERIENCE AND CODE EXPERTISE
GSM understands, anticipates and plans for every aspect of project research and implementation. We continually review and apply IBC, ADA, WELO, NPDES State General Permits and other specific agency codes, regulations and standards. We have extensive experience coordinating our projects with city departments, county and state regulatory agencies, CalGreen Energy, Ca Dept. of Fish & Wildlife and Water Resources Control Board, U.S. Army Corps of Engineers, Bay Area Ridge Trails, Bay Trails, and environmental focus groups. We address program requirements, site constraints, and the interests of diverse user groups while incorporating innovative components, materials and solid construction techniques. Our work results in highly successful, attractive, durable projects that stand the test of time.

TECHNICAL CAPABILITIES AND QUALITY CONTROL
We use AutoCAD, InDesign, Photoshop, Illustrator, Microsoft Word, Excel and customized spread sheets to develop creative and reliable, technologically advanced work products.

Our ability to quickly cross reference and overlay landscape architectural work with land and utility surveys, civil, electrical and structural work is critical to project success. We accurately overlay mapped constructed conditions to prepare record drawings and maintain an electronic server for daily, monthly and quarterly back up of project files.

GSM adheres to high standards for developing plans and documents and regularly overlay ours with team consultants for evaluation and consistency. We conduct frequent project team meetings and peer review of plans and documents at regular milestones to ensure that all work is coordinated and inconsistencies are captured promptly and eliminated.

We provide a thorough final review of plans, notes, details, technical specifications and bid forms prior to bidding.

PROJECT COST VALIDATION
GSM presents clear and realistic cost information and comparative analysis for agency consideration. We are knowledgeable of trends in construction costs and consult with contractors, vendors and maintenance personnel regarding project constructability. GSM provides a careful approach to evaluate elements of our projects and determine the most efficient and cost effective alternatives both from an initial construction perspective and over the life of the project. We are able to offer successful alternatives to project elements without changing the design intent, quality or use.

SUSTAINABILITY
GSM is a LEED, Bay-Friendly, River-Friendly, QWEL, Green Building certified firm with commitment to responsibly designing for sustainability and use of native, recycled and long lasting materials. We select, place and group components relative to site use, pedestrian circulation, solar orientation, topographic conditions and site constraints. Our team stays current on new “green” approaches with regard to quality material selection, installation techniques, time savings measures and “smart” systems for our designs. We work with cities to select durable materials that perform well in public settings and which require minimal on-going maintenance. Our projects are designed to current MWELO requirements.

PROJECT EXPERIENCE
• BUSD District-wide Water Efficient Landscapes – Santa Rosa, CA • China Point Overlook – Napa, CA
• Crane Park Play Areas, Tennis and Bocce Courts – St. Helena, CA • Cresent Park Play Area – Rio Vista, CA
• Fairfield Linear Park – Fairfield, CA
• Fire Station No. 5 – Napa, CA
• Fox Hollow Park – Petaluma, CA
• Irene M. Snow Elementary School – Napa, CA
• Jordan Ranch Park - Dublin, CA
• Kawana Springs Community Park – Santa Rosa, CA
• Laurel Creek Lets Build a Park – Fairfield, CA
• Leghorns Community Park – Petaluma, CA
• Napa 911 Memorial Garden – Napa, CA
• Ner Tamid Jewish Cemetery – St. Helena, CA
• Oak Circle Park – Yountville, CA
• Orchard Substation Demonstration Garden – Ukiah, CA
• Parks, Recreation and Facilities Master Plan – Suisun City, CA • Pioneer Park Performing Arts and Events Area – Calistoga, CA • Riverfront Green – Napa, CA
• Rolling Hills Community Park – Fairfield, CA
• Silverado Trail Gateway - Calistoga, CA
• Street Tree Inventory and Succession Plan - Calistoga, CA • Terrace View Park – Berkeley, CA
• Van de Leur Park – Yountville, CA
• Wappo Park – St. Helena, CA
• West Haven Nature Play Area – Petaluma, CA

ire Station No. 5 F
Client: City of Napa
Contact: Jeff Gittings, Parks and Urban Forestry Manager (707) 257-9234, [email protected]
Completion: 2018
Cost: $4.23 Million
G
SM worked in concert with SKA Architects and City staff on the design for Napa’s newest fire station, located in the Browns Valley neighborhood:
• Positive connections to neighborhood
• Pedestrian pathways and connections
• Celebratory flag pole entry area
• Smart irrigation system
• Bio-filtration plantings
• Shade and accent plantings

awana Springs Community Park K Santa Rosa, California
Client: lient: City of Santa Rosa Recreation & Parks Department ity of Santa Rosa Recreation & Parks Department Contact: ontact: Jen Santos, Parks Deputy Director en Santos, Parks Deputy Director (707) 543-3781, [email protected] 707) 543-3781, [email protected] Design: 2016- Present esign: 2016- Present
Project Manager: Gretchen Stranzl McCann roject Manager: Gretchen Stranzl McCann Construction Cost: 4,500,000 Estimate onstruction Cost: 4,500,000 Estimate Construction Completion: Phase 1 - 2023 onstruction Completion: Phase 1 - 2023 GSM was selected to assist the City and Community members he City and Community members to develop a 25 acre park along the Kawana Springs Creek. o develop a 25 acre park along the Kawana Springs Creek.

We led several outreach meetings with the myiad of stakeholders e led several outreach meetings with the myiad of stakeholders to ensure the park serves a variety of age groups and user o ensure the park serves a variety of age groups and user activities ctivities. Interactive social media sites were also utlized to gather information from future users. Final areas of the park plan include:
• State of the Art Children’s play areas tate of the Art Children’s play areas • Perserve sensitive areas along creek erserve sensitive areas along creek • Community Garden ommunity Garden
• Bicycle Pump Track icycle Pump Track
• Bio-filtration planting io-filtration planting
• Picnic and game areas icnic and game areas
• Bocce and Sand Volleyball Courts occe and Sand Volleyball Courts • Dog Park og Park
• Walking Paths alking Paths
• Pedestrian bridge at creek edestrian bridge at creek
• Fitness Areas itness Areas

Client: Community of Napa lient: Community of Napa
Contact: Julie Lucido, Public Works Director ontact: Julie Lucido, Public Works Director (707) 257-9520, [email protected] 707) 257-9520, [email protected] Completion: Summer 2014 ompletion: Summer 2014
Cost: $250,000 ost: $250,000
GSM lead the volunteer team on design of this very special downtown Napa space adjacent to Main Street and Kohl’s Department Store. The coalition team worked tirelessly to create a 911 memorial garden that attests to the triumph of human dignity and affirms our unwavering commitment to community and nation. Our design and project management efforts, in cooperation with other team members, project artist and Napa Community include:
• Pathways and central reflection plaza
• Ground Zero sculptural elements and glass panels
• Napa Valley native stone seat walls
• Bay Friendly Landscape with earth
mounding, native shade and accent trees,
shrubs and grasses
• Monument signage
• Landscape lighting
• Views to Napa Creek, eastern hills and
downtown areas
apa 911 Memorial Garden NNapa, California

Client: Ner Tamid Jewish Cemetery Association
Contact: Rabbi Niles Elliot Goldstein
Completion: Spring 2013
Cost: $80,000
T
hrough a competitive artistic design competition, GSM was selected to be the landscape architects for the 100 Burial Plot Ner Tamid Jewish Section at St. Helena’s Public Cemetery. This is the first Jewish Cemetery in Napa County. Our work reflects deep historic symbolism of Jewish people and their faith in the eternal flame.

Services provided:

Site analysis and project planning, design schematics and cost estimates, presentation graphics and modeling, construction bid documents, bidding and award and construction management Amenities include:

Symbolic “Ner Tamid” pathways with integral
ribbons and viewing bench, Jerusalem stone
columns and stainless steel sculptural flames
reaching to the skies, Hebrew and standard text
panels and Hebrew historic plantings
N er Tamid Jewish Cemetery

Client: Town of Yountville Public Works Department lient: Town of Yountville Public Works Department Contact: ontact: Steve Rogers, Town Manager
(707) 944-8851, [email protected]
Completion: June 2016 ompletion: June 2016
Cost: $275,000 ost: $275,000
GSM was thrilled to work with the Parks and Recreation Commission at the beginning of the project to lead the public workshops to define the scope for this park. We then provided the design, developed construction documents, and worked with the contractor to ensure a high-quality, beautiful new creekside park in the heart of Yountville. The project features a wide selection of 100% native plantings, walking paths connecting to the adjacent creekside trails, garden areas for the display of local art, and a multi-use plaza for various community programs and activities. The park includes:
• High-end site furnishings
• 100% CA native, water-efficient planting
• Solar-powered, water-efficient, weather-based
irrigation system
• Creekside trail design
• Permeable hardscape and bioretention design
• Pedestrian connection to adjacent trails
• Accessible parking area
ak Circle Park OYountville, CA

Client: Pioneer Park Improvement Committee
Contact: Bob Fiddaman, Project Manager
(707) 249-1661, [email protected]
Completion: May 2016
Construction Cost: $325,000
P
ioneer is a well-used, beloved neighborhood park in Calistoga. The Friends of Pioneer Park, a non-profit organization dedicated to the preservation and enhancement of the park, selected GSM to plan a gazebo replacement, ADA access improvements, pathway realignment to accommodate bank stabilization, lighting upgrades, new fencing, and renovation of turf and planting areas while maintaining the historic character of the park.
ervices Provided:
• Site analysis, community workshops and project planning • Conceptual design
• Design development and cost estimates
• Presentation graphics
• City Council and Design Review Commission presentations • Preparation of construction bid documents
menities Include:
• New gazebo with historic features and ADA access
• Relocation of flagpole and symbolic features
• Relocated and new LED lighting
• Site furnishings
• Replacement of existing turf grass and new
water efficient planting
• New water conserving irrigation system
• Replacement of fencing along park edges
• River bank stabilization and revegetation
P
ioneer Park Performing Arts
and Events Area

Client: City of Napa
Contact: Julie Lucido, Public Works Director
(707) 257-9520, [email protected]
Completion: June 2012
Cost: $534,000
iverfront Green, at the corner of Third Street & Soscol Avenue in Napa’s vibrant downtown, is the second in a series of GSM designed parks along the Napa River.
• Visual access to the Napa River and Napa Riverfront Promenade • Pedestrian and bicycle connections to Napa River Trail and City of Napa sidewalks and on-street bicycle lanes
• Hardscape reflecting a variety of textures, natural materials and rich colors
• Sustainable trees, grasses and no-mow water
efficient turf
• Stone seat walls, benches and site elements
• Moonrise public art sculpture
• Historic lighting
• Plaza, landmark kiosk and memorial
Riverfront Green
R

Client: City of Berkeley lient: City of Berkeley
Contact: ontact: Scott Ferris, Director of Parks, Recreation and Waterfront (510) 981-5157, [email protected]
Completion: Spring 2016 ompletion: Spring 2016
Cost: $253,000 ost: $253,000
Terrace View Park is a small neighborhood park in the beautiful Berkeley Hills. GSM was selected to plan and prepare phase one construction documents for the City of Berkeley. Our work addressed ADA access into the park, within the upper and lower terraces and improved park facilities.

Services provided:
• Site analysis and project planning
• Design development options and cost estimates
• Presentation graphics
• Presentation at community meetings
• Preparation of construction bid documents
Amenities include:
• Basketball court
• Multi-use turf area
• Custom site furnishings
• Extensive ADA ramps and connections
• Sustainable plantings and reduced water
irrigation system
errace View Park TBerkeley, California

Client: Town of Yountville lient: Town of Yountville
Contact: ontact: Steve Rogers, Town Manager
(707) 944-8851, [email protected]
Completion: September 2005 ompletion: September 2005
Cost: $235,000 ost: $235,000
GSM work worked extensively with the Community Park
Committee to prioritize amenities desired by the residents for the old fire station site. Today, Van de Leur park gets 5 star Yelp reviews and provides an inviting and educational stroll for residents and visitors in the heart of Yountville.
• Meandering pathways with “walk of local and community history’
• Circular bench seating area
• Fountain reflecting the service of volunteer fire fighters • Memorial rose garden
• Picnic grove
• Multi-use turf area
• Shade and accent trees, shrubs and native
grasses
• Historic lights
• Cobbled creek bed and wooden bridge
• Rain garden and bio-swales
an de Leur Park VYountville, California

Resumes
2

G r e t c h e n S t r a n z l M c C a n n

P R E S I D E N T / P R I N C I P A L
Experience:
37 Years
Professional Experience:
1997 – Present
• President and Principal Landscape Architect,
GSM landscape architects, inc.

Napa, CA
1989 – 1997
• City Landscape Architect/Park Planner
City of Fairfield, CA
1985 – 1989
• Landscape Architect, Eldon Beck & Associates
Novato, CA
2006– Present
• Plan Check Reviewer, City of Windsor, CA
• Lecturer, Cal Poly San Luis Obispo, CA – Landscape Architecture Dept.
• Technical Expert - Commercial and Public Landscape Architectural Design, State of California and Private Firms
• Landscape Architects Technical Committee Team Member
• Access Plan Review, State of California, Division of State Architect • Green Building Professional Certification, Sonoma State University • Bay Friendly Certification, Public, Commercial and Institutional Landscapes
Community Service:
• Director, Napa County Resource Conservation District
• Director, Napa County Watershed Information Center & Conservancy • Member, ASLA Park and Recreation Committee
• Member, Napa Valley Unified School District Facilities Task Force • Member, City of Napa Tree Commission
• Member, Leadership Napa Valley
• Lead Designer, Napa 911 Memorial Garden
• Volunteer, California Native Plants Society – Napa Valley Chapter Awards:
• California Parks and Recreation Society – Award of Excellence for design of Yarborough Soccer Park and Open Space Area
• Bay Area Ridge Trails – Gaspar de Portola Award for Community Trail Planning
• Napa County Landmarks, Inc. – Award of Merit for the design of St. John’s Lutheran Church/Campus Redevelopment and
Napa Opera House Plaza
• City of Vallejo – Mayoral Recognition for Historic B Street Design • City of Fairfield Design Review Commission Award – Award of Merit for design of the West Texas Street Linear Park
• City of Fairfield Design Review Commission Award – Honorable Mention Award for design of the Rolling Hills Neighborhood Park Education:

Masters of Urban Planning
USC Price School of Public Policy
University of Southern California
Los Angeles, CA
Bachelor of Science,
Landscape Architecture
California Polytechnic State University,
San Luis Obispo, CA
Professional Registration:

Registered Landscape Architect –
California License No. 2790
Registered Landscape Architect –
Colorado License No. 680
CLARB Record No. 7858
Leadership in Energy & Environmental
Design Accredited Professional (LEED AP)
QSD/QSP Certificate
#21262
QWEL Certification
Professional Membership:

American Society of Landscape
Architects
U.S. Green Building Council
Cal Poly Alumni Association
California Native Plant Society
California Native Grassland Association
American Horticulture Society
Certified Bay Friendly Landscape
Professional
Highlights:

Significant experience working with
clients to plan park and recreational
projects with focus on community use,
sustainability and historic preservation
Certified Bay Area Green Business
Registered WBE #37991
Registered DBE #37991

E l i z a b e t h D u n n

L A N D S C A P E A R C H I T E C T
Experience:
25 Years
Elizabeth is a licensed landscape architect and project manager with more than 25 years of design and project implementation experience.

Her expertise includes the detailed design of parks, campuses, urban spaces and pedestrian circulation. Elizabeth’s designs emphasize reuse of site materials, green efforts and sustainability in dynamic ways to connect people to places, while respecting the natural environment.

Professional Experience:
2015 – Present
• Landscape Architect, GSM landscape architects, inc., Napa, CA 2013 – Present
• Landscape Architects Technical Committee Team Member - Sacramento, CA
2008 – 2015
• Landscape Architect, Rebecca Coffman Landscape Architects, Nevada City, CA
2008 – 2014
• Educator, Sierra College Community Education Program
2004 - 2008
• Project Manager, Mariani Landscape, Lake Bluff, Illinois Selected Project Experience:
• Downtown Landscape Medians - Novato, CA
• Kawana Springs Community Park Master Plan – Santa Rosa, CA • Kawana Springs Community Garden – Santa Rosa, CA
• Hopper Creek Trail and Detention Basins – Yountville, CA • Mendocino County Behavior Health, Crisis Residential Treatment Facility – Ukiah, CA
• Mendocino County Behavior Health Psychiatric Health
Facility – Ukiah, CA
• MVMCC Firewise Landscape Masterplan – Novato, CA
• Napa County Office of Education Preschool – Calistoga, CA • NVUSD Irene M. School Elementary School – Napa, CA
• Oak Circle Park and Sculpture Garden – Yountville, CA • Parks, Recreation and Facilities Master Plan - Suisun City, CA • Petaluma Community Sports Fields - Petaluma, CA
• Silverado Trail Gateway – Calistoga, CA
• Street Tree Inventory and Succession Plan – Calistoga, CA • Terrace View Park – Berkeley, CA
• Vine Trail – Napa County, CA
• Wappo Park – St. Helena, CA
Education:

Masters of Project Management,
Northwestern University,
Evanston Illinois
Bachelor of Science,
Landscape Architecture,
Purdue University,
West Lafayette, Indiana
Professional Registration:

Registered Landscape Architect –
California License No. 5314
Leadership in Energy and
Environmental Design Accredited
Professional (LEED AP)
River Friendly Landscape/ Green
Gardener Certification
American Society of Landscape
Architects
California Parks and Recreation
Society
Highlights:

Positive results in working with
agencies and client
Stakeholder groups for cost saving
measures
Significant experience in campus
and park design and planning
Extensive experience in design of
sustainable and green
environments and structures

B a r t I t o

P R O J E C T M A N A G E R
Experience:
25 Years
Bart is a project manager with more than 25 years of landscape architectural design and construction experience. His expertise includes the detailed design and management of community, neighborhood and linear parks and trails, sports courts and fields, public facilities and habitat revegetation. His designs emphasize dynamic and engaging spatial organization and time-tested construction detailing that withstand the rigors of the public environment.

Professional Experience:
1999 – Present
• Project Manager, GSM landscape architects, inc., Napa, CA. 1997 – 1999
• Project Designer, City and County of San Francisco Parks Department, San Francisco, CA
Selected Project Experience:
• American Canyon High School (ACHS is the - 1st Certified Green High School in California) – American Canyon, CA
• BUSD District-wide Children’s Play Areas – Santa Rosa, CA • China Point Overlook – Napa, CA
• Crane Park Play Areas, Tennis and Bocce Courts – St. Helena, CA • Cresent Park Play Areas – Rio Vista, CA
• Fairfield Linear Park – Fairfield CA
• Fire Station No. 5 – Napa, CA
• Fox Hollow Park – Petaluma, CA
• Fuller Park Playable Art – Napa CA
• Heritage High School Culinary Gardens – Brentwood, CA • Howarth Park Tennis Courts – Santa Rosa, CA
• Jordan Ranch Park – Dublin, CA
• Leghorns Community Park - Petaluma, CA
• Napa 911 Memorial Garden – Napa, CA
• Orchard Substation Demonstration Garden – Ukiah, CA
• Opera House Plaza – Napa, CA
• Petaluma Community Sports Fields - Petaluma, CA
• Pioneer Park Performing Arts and Events Area – Calistoga, CA • Riverfront Green – Napa, CA
• Rolling Hills Community Park – Fairfield, CA
• Substation Demonstration Garden – Ukiah, CA
• Terrace View Park – Berkeley, CA
• Van de Leur Park – Yountville, CA
• West Haven Park and Nature Play Area – Petaluma, CA
• Wappo Park – St. Helena, CA
Education:

Bachelor of Science,
Landscape Architecture
UC Davis, Davis, CA
Professional Membership:

American Society of Landscape
Architects
California Parks and Recreation
Society
Sports Turf Managers Association
Highlights:

Majority of design work completed
for agencies through Northern
California
Extensive experience in working
with public agencies and
community stakeholder groups
Expertise in managing park design
projects from master plan and
community outreach through
construction documents, bidding
and construction
Certified Playground Safety
Inspector # 37423-0420
Experience with River-Friendly and
Rescape Landscape Design

Scope of Work/Description of the Experience, and Schedule 3

CITY OF UKIAH – McGARVEY PARK

L A NDSCAPE ARCH I TECTURAL DESIGN

SCOPE OF WORK
landscape
architects, inc.

PROJECT UNDERSTANDING AND PROGRAM ELEMENTS
McGarvey Park is located in central Ukiah across from the City Hall Complex, South Valley High School, and residential properties. The park contains pathways, sitting areas, benches and tables, large shade trees, flowering trees, shrubs and turf grass. While the park is actively and frequently used for photo portraits, picnicking, walking pets and relaxation, there are serval components that require modernization and replacement.

The park’s fountain and irrigation system is antiquated and non-functional. Some trees and plant material are in poor health, overgrown, and lifted root systems have caused deterioration of pathways.

GSM will prepare a new landscape plan for park renovation and improvements with adequate detail to support the City’s application for grant funding. The following is our proposed scope of work:

Landscape Architectural program elements may include:
 New and/or reconfirmed path alignments
 New focus feature to replace existing
fountain
 Renovated irrigation system
 Succession trees and refreshed plant material
 Planting design that balances water
conservation and formal park elements
including natural turf
TASK 1 - SCHEMATIC DESIGN/INITIAL DRAFT (CITY DELIVERABLES 1 – 5) The Schematic Design phase includes research, site investigation and preparation of an Initial Draft Landscape Plan. Meetings will take place between GSM and the City to define program elements, and determine a preferred schematic design direction. A preliminary materials and plant palette will be developed for review and approval by the City. Product sheets will be provided for elements that are premanufactured.

Deliverables include:
a) Meet with City to discuss project goals and define program elements listed in Project Understanding. (City Deliverable 1)
b) Investigate site, study orientation and take photographic survey. (In support of Deliverable 3) c) Review constraints and opportunities. (In support of Deliverable 3) d) Develop Initial Draft Landscape Plan with materials and plant palette sheets and Initial Draft Opinion of Probable Costs. (City Deliverable 3)
e) Meetings with City staff to review Initial Draft Landscape Plan and receive comments. These will be in a series of three (1) hour virtual meetings. Meetings may occur before and/or after the Public Spaces Commission Presentation. City Deliverable 4)
f) Present the refined Initial Draft Landscape Plan to the Ukiah Public Spaces Commission. (City Deliverable 2) g) Develop Final Draft Landscape Plan with updated materials and plant palette sheets, provide product sheets for elements that are premanufactured, and Opinion of Probable Costs. (In support of Deliverable 5) h) Present Final Draft Landscape Plan to City Staff. (City Deliverable 5) PLANS AND DOCUMENTS: MEETINGS/SCHEDULE:
• One (1) copy of Initial Draft Landscape Plan
• One (1) copy of Initial Draft Opinion of
Probable Costs
• One (1) copy of Final Draft Landscape Plan
• One (1) copy of Opinion of Probable Cost
• One (1) electronic copy of the
aforementioned data in PDF format
• Meetings with City (4)
• Meeting/Presentation with Ukiah Public
Spaces Commission (1)
• Final Presentation to City Staff (1)

CITY OF UKIAH – McGARVEY PARK

L A NDSCAPE ARCH I TECTURAL DESIGN

SCOPE OF WORK
landscape
architects, inc.

TASK 2 – FINAL LANDSCAPE PLAN AND COLOR RENDERING (CITY DELIVERABLE 6) Once the Final Draft Landscape Plan has been approved, we will prepare the Final Landscape Plan and Color Rendering. The Plan will define in greater detail pedestrian circulation, features layout, and site furnishings.

The Final Color Rendered Landscape Plan will be suitable for grant application submittals.

ITEMS include:
a) Prepare Final Landscape Plan.
b) Prepare Rendering.

PLANS AND DOCUMENTS:
• One (1) Final Landscape Plan
• One (1) Color Rendering of Final Landscape Plan
• One (1) electronic copy of the aforementioned
data in PDF and AutoCAD format

TYPICAL PROJECT ASSUMPTIONS
• First meeting and final presentation will be in person or virtual, all other meetings will be virtual. • City will provide GSM with any electronic and hard copy maps, reports and background information that are available.
• Clear access to all project site areas for field research will be available. • Property Line/boundary and land survey mapping are not included. • Arborist analysis and report, if required, will be provided by others. • Public notification, staff reports and report reproduction and distribution for community meetings, public workshops and hearings will be prepared by others.
• General information on existing topography, electrical, storm drain, and sanitary sewer service, and irrigation water service points of connection, lines and working gpm and psi will be provided by City, or general locations will be noted from our park site visit. • Project base plan will be prepared using aerial views and general field verification. • Project CEQA review, environmental and cultural resources surveys, studies, permitting, documentation, processing and mitigation, if required, will be provided by others. • Project will be designed based upon requirements of current California Building Code, California Code of Regulations, Title 24, comply with ADA requirements and with Ukiah’s Model Water Efficient Landscape Ordinance.
• Plans and documents will be prepared for City grant application purposes. Construction plans and bid documents are not included.
• City comments from different departments will be distributed all at the same time. GSM will make revisions to plans and documents when combined comments have been received. • City review time for each phase of the project will take no longer than 1-2 weeks. • Additional work as required due to change in program scope, project direction, etc. will be billed on a time and materials basis as listed on our current rate schedule. This will be presented to and approved by the City before the work is completed

FEE BREAKOUT
GSM’s Certificate of Insurance, Fee Schedule, and Hourly Rates are included in Section 4.

CITY OF UKIAH – McGARVEY PARK

L A NDSCAPE ARCH I TECTURAL DESIGN

SC HEDULE OF WORK
landscape
architects, inc.

PROJECT TIMELINE
Note: City review time is not included in time frame
TASK 1 ITEMS DESCRIPTION TIME FRAME
a) City Deliverable 1
o Meet with City (same day as site investigation)
Within 2 weeks of City
Council approval
b-d) City Deliverable 3
o Investigate site, study orientation and take photographic survey.
o Review constraints and opportunities.
o Develop Initial Draft Landscape Plan with materials and plant palette sheets and Initial Draft Opinion of Probable Costs. 1 to 3 weeks after
contract is finalized
e) City Deliverable 4
o Meet with City staff to review Initial Draft Landscape Plan and receive comments. These will be in a series of three (1) hour virtual meetings. Meetings may occur before and/or after the Public Spaces Commission Presentation.
2 weeks
CITY REVIEW City review and response to the three (1) hour virtual meetings f) City Deliverable 2
o Present Initial Draft Landscape Plan to Public Spaces Commission
1 week
CITY REVIEW Public Spaces Commission Review and response g-h) City Deliverable 5
o Develop Final Draft Landscape Plan
o Present Final Draft Landscape Plan to City Staff in virtual meeting
2 weeks
CITY REVIEW City Staff review and response
TASK 2 ITEMS DESCRIPTION TIME FRAME
a-b) City Deliverable 6
o Prepare Final Landscape Plan
o Prepare Color Rendering of Final Landscape Plan
2 to 3 weeks

Design Fee, Hourly Rates, and Certificate of Insurance

4

CITY OF UKIAH – McGARVEY PARK

L A NDSCAPE ARCH I TECTURAL DESIGN
landscape
architects, inc.

PROJECT FEE BREAKOUT
TASK 1 ITEMS DESCRIPTION DESIGN FEE
a) City Deliverable 1
o Meet with City
$ 400
b-d) City Deliverable 3
o Investigate site, study orientation and take photographic survey. o Review constraints and opportunities.
o Develop Initial Draft Landscape Plan with materials and plant palette sheets, and Initial Draft Opinion of Probable Costs. $ 4,300
e) City Deliverable 4
o Meet with City staff to review Initial Draft Landscape Plan and receive comments. These will be in a series of three (1) hour virtual meetings.
$ 1,200
f) City Deliverable 2
o Present the Initial Draft Landscape Plan to the Ukiah Public Spaces Commission.
$ 400
g-h) City Deliverable 5
o Develop Final Draft Landscape Plan
o Present Final Draft Landscape Plan to City Staff
$ 2,200
TASK 2 ITEMS DESCRIPTION DESIGN FEE
a-b) City Deliverable 6
o Prepare Final Landscape Plan
o Prepare Color Rendering of Final Landscape Plan
$ 2,400

PROJECT FEE DESCRIPTION
Design Fee $ 10,900
Reimbursables $ 500
Total $ 11,400

1700 Soscol Ave., Suite 23 • Napa CA 94559 • Phone 707 255 4630 • www.gsmlainc.com landscape
architects, inc.

PROFESSIONAL RATE OF SERVICES
January – December 2023

HOURLY RATE SCHEDULE
Principal Landscape Architect $185/hour
Staff Landscape Architect/Senior Project Manager $135/hour Project Manager $125/hour
Graphic Specialist $105/hour
Landscape Designer $95/hour
Technical Draftsperson/CAD $80/hour
Assistant Technical Draftsperson/CAD $65/hour
Administration $55/hour

REIMBURSABLE EXPENSES
Photocopies – each B&W 8 ½” x 11” $ .10
11” x 17” $ .15
Color 8 ½” x 11” $ 1.25
11” x 17” $ 3.00
Reproduction – outside Cost + 15%
Plotting – in-house B&W 24” x 36” $10.00
30” x 42” $15.00
36” x 48” $20.00
Color 24” x 36” $20.00
30” x 42” $25.00
36” x 48” $30.00
Vellum 24” x 36” $13.00
Postage/Delivery Service Cost
Mileage City of Ukiah 2023 allowable rate
Travel/Miscellaneous Expenses Cost

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

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

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

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

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

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

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

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

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

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
11/7/2022
AssuredPartners of Washington, LLC
A/E Insurance Services
19689 7th Avenue NE, Ste 183, PMB #369
Poulsbo WA 98370
Sarah Fish CA License#0M57256 360-626-2961 360-626-2961 [email protected] Sentinel Insurance Company 11000 GSMLAND-01 Hartford Accident and Indemnity Company 22357 GSM landscape architects, inc.
1700 Soscol Ave., Suite 23
Napa CA 94559
Arch Insurance Company 11150 Property & Casualty Insurance Company of Hartford 34690 1135641965 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X
52SBANW6259 11/11/2022 11/11/2023
4,000,000
B 1,000,000 X
52UECHB2838 11/11/2022 11/11/2023
A X X
52SBANW6259 11/11/2022 11/11/2023
1,000,000 1,000,000 X
$10,000
D 52WECPK1671 11/11/2022 11/11/2023
X
1,000,000 1,000,000 1,000,000
C Prof Liability: Claims Made PAAEP0146900 2/17/2022 2/17/2023 Per Claim Aggregate
$2,000,000
$2,000,000
For Information Only.

For Information Only

Comprehensive Proposal for:

McGarvey Park
Landscape Plan

ELVIA FERNANDEZ, PURCHASING

FINANCE DEPARTMENT,

PURCHASING DIVISION

CITY OF UKIAH
SUBMITTED: FEBRUARY 3, 2023
Attachment 2

2 February 3, 2023 Proposal # 2023-004
Elvia Fernandez, Purchasing
Finance Department, Purchasing Division
City of Ukiah
VIA: Electronic Submittal via Email ([email protected]) RE: Request for Proposals – McGarvey Park Landscape Plan Dear Selection Committee,
Thank you for considering INTEGRA Planning + Landscape Architecture (INTEGRA+) for the McGarvey Park Landscape Plan project. With extensive experience in parks and outdoor space design, Ric Hendricks (Principalin-Charge), Michael Cook (Principal, Quality Assurance), Olga Metz (Landscape Designer), Donald Fernandez (AutoCAD Drafter), Finn Beazlie (AutoCAD Drafter), and Maraby Tanguay (Staff Support) are well-versed in the requirements of assisting municipal agencies in park design and revitalization. We understand the coordination and communication needed to make this relationship successful and our staff is fully committed to assisting the City of Ukiah with this request.

Over the past 20 years, we have successfully provided such services as you are requesting, on numerous contracts with Cities, Counties, and State agencies. Our work has been featured in several publications, including the North Bay Business Journal, Engineering News-Record, and Landscape Architecture and Specifier News Magazine, recognized for its design quality and innovation. We understand that every project is different and each client has specific needs and we take great pride in providing the meticulous attention to detail necessary to achieve our client's desired results. We strive to provide unsurpassed service that is on-time and on-budget while giving our clients the individual attention they need to meet their goals.

Our principals bring over four decades of experience as well as excitement and creativity that we know will serve the relationship well. Ric Hendricks, Principal-in-Charge, will be the sole point of contact for this relationship and he is fully authorized to negotiate the contract. He can be reached at (707)-852-0500 office / (805)-441-7637 mobile, or by email at [email protected]. Ric will always be available by phone, email, or text for the City of Ukiah should immediate or long-term needs arise.

Located in Santa Rosa, we are well-positioned to respond to your needs. Our flexible schedules allow us to assist on an as-needed basis and our team is enthusiastic about the opportunity to work with the City of Ukiah.

We're ready, we're available, we're dedicated.

Sincerely,
INTEGRA Planning + Landscape Architecture
Ric Hendricks, PLA #5094
Principal, CEO

3 Integra Planning + Landscape Architecture provides excellence and quality in every assignment by bringing innovation, creativity, and sustainability to outdoor spaces—and integrity, dependability, and (of utmost importance) collaboration to all of our client relationships.

Integra Planning + Landscape Architecture (INTEGRA+) creates innovative, functional, and sustainable outdoor spaces for homeowners, developers, businesses, institutions, and municipalities in California, Nevada, North Dakota, Oregon and beyond. As planners and landscape architects, our utmost important characteristic is THOUGHTFULNESS. Our clients are the most important part of the process, from conceptual ideas to scheduling and budgeting, and our creative, innovative designs represent the thoughtful integration of client goals with the opportunities and constraints specific to each site.

INTEGRA+ has earned a reputation for being the premier planning + landscape architecture firm in the North Bay. Our principals have more than four decades of combined experience, and have great working relationships with local, regional, and state agencies (including DSA). Our team has a diverse portfolio of experience spanning a wide range of projects and scope of work, including Master Plans, Urban and Rural Parks, Playground, Sports Fields, Streetscapes, Gateways, Community, Landscape Plans Checks, Irrigation Audits, and the Development of Standards and Templates.

We are committed to incorporating sustainability into our designs using native plant species, soil preparation, and efficient landscape irrigation drawings. We are fluent in the development of sustainable principles, including the philosophy around LEED and Rescape principles. Water-conservation, working drawings, technical specifications, and the provision of construction observation are our strengths and we have been complimented on the high-quality of our drawings from clients, agencies, and contractors. We work collaboratively with our clients to transform their sites into sustainable, functional, and inspiring environments.

INTEGRA+ was founded in 2018 by Principals Michael Cook and Ric Hendricks. They have collaborated on many projects over the years dating back to their years at Cal Poly, San Luis Obispo, and have formally joined forces with a shared vision of the ideal planning and landscape architecture firm:

Focused on the integrity of each client, collaborative communication and our service to, design of, and creation of the most integrated, sustainable projects for those clients.

Firm Qualifications

4 OLGA METZ

DONALD FERNANDEZ

FINNIAN BEAZLIE

RIC HENDRICKS

MARABY TANGUAY
Landscape Designer
AutoCAD Drafter
AutoCAD Drafter
Project Manager, Principal LA #5094
CPSI #50463-0324, RQP #13210
Office Manager + Administrative Assistance
[email protected]
Office: 707-852-0500
[email protected]
Office: 707-852-0500
[email protected]
Office: 707-852-0500
[email protected]
Office: 707-852-0500
Mobile: 805-441-7537
[email protected]
Office: 707-852-0500
Key Personnel

MICHAEL COOK
Quality Assurance, Principal LA #5123
CPSI #50463-0224, CLIA #00008031
[email protected]
Office: 707-852-0500
Mobile: 707-483-6464

5 RIC J. HENDRICKS, PLA, ASLA, CPRS, CPSI, RQP
Principal Landscape Architect (CA LA #5094, CPSI #50463-0324, RQP #13210) Diversity in Ric’s twenty year career has been the key component in becoming a wellbalanced and rounded professional. He continues his hands-on approach to directing a project from its conception, through the design development process, through construction documents and field observation. His project and office management skills incorporate project coordination, client interface, and quality control. Ric’s wide range of design experiences includes unique projects for both the public and private sector.

His work on award-winning domestic and international projects encompasses sustainable designs, master planned communities, park/recreational facilities, streetscapes, commercial/ retail, school/institutional, riparian ecosystem restoration, and storm water management.

Ric is a certified designer and rater with Rescape California and a Certified Playground Safety Inspector.

Alamo Creek Community Park &
Recreation Center
Danville, CA
Healdsburg High School
Healdsburg, CA
Healdsburg Junior High School
Healdsburg, CA
Kotate Park
Cotati, CA
Lakeshore Park Renovation
Newark, CA
Lower Silver Creek, Coyote
Watershed Riparian
Revegetation & Wetlands
Habitat Restoration
San Jose, CA
Michael A. Hall Park
Windsor, CA
Mustang Soccer
Complex
Danville, CA
Parks Capital Plan
Cotati, CA
Rosegarden Neighborhood Park
San Ramon, CA
Schaefer Ranch Community Park &
EBRPD Trail Head
Dublin, CA
Sorrento Community Park
Lincoln, CA
The Brickyard at Eastshore State
Park, CDRP & EBRPD
Berkeley, CA
The Rivers, Phase II Park
West Sacramento, CA
Valverde Park Renovation
Lathrop, CA
Vintage Ranch Park
American Canyon, CA

RELEVANT PROJECTS

PRIOR EMPLOYMENT
Firma Design Group (2016-2018),
Director of Landscape Architecture
MEBS Global (2012-2016), Director
NUVIS (2001-2012), Principal

AFFILIATIONS
American Society of Landscape Architects
California Parks & Recreation Society
Santa Rosa Metro Chamber of Commerce

6 MICHAEL A. COOK, PLA, ASLA, CPRS, CPSI, CLIA
Principal Landscape Architect (CA LA #5123, CPSI #50463-0224, CLIA #00008031) As an experienced Landscape Architect, Michael has provided his design experience to a wide range of clients. During over twenty years of professional landscape architecture experience, Michael has worked with clients in both the private sector and public sector (landscape plan check, code review, downtown masterplanning, urban design, redevelopment planning, parks and recreation sites, creek and river restoration, habitat restoration).

Michael is well versed in planning and design guidelines and municipal codes throughout California. Michael is registered as a landscape architect in California, Nevada, and North Dakota. He is a Certified Landscape Irrigation Auditor and is fluent in the efficient design and installation of irrigation systems throughout California as well as a Certified Playground Safety Inspector.
69 Stony Circle Demo Garden
Santa Rosa, CA
Belvedere Community Park
Belvedere, CA
Faletti Ranch Demo Garden
Cotati, CA
Finley Senior Center
Santa Rosa, CA
Hopper Avenue Streetscape
Santa Rosa, CA
Michael A. Hall Park
Windsor, CA
Myrtle Drive Streetscape
Cotati, CA
Parks Capital Plan
Cotati, CA
Street and Park Lighting Project
Cotati, CA
Marin Civic Center Irrigation Audit
San Rafael, CA
Marin Civic Center Irrigation
Mainline Replacement
San Rafael, CA
Marin Civic Center Landscape
Master Plan
San Rafael, CA
Overlook Homeowners Assocation
Oakmont
Santa Rosa, CA
Planting & Irrigation Inventory
Fleet & Facilities Department
Santa Clara County, CA
PRIOR

EMPLOYMENT
Firma Design Group
(2011-2018), Vice President
Michael A. Cook LA (2008-2011), Owner
Resource Design (2006-2008), Senior LA
Ralph J. Alexander & Associates
(2001-2008), Project Manager

AFFILIATIONS
American Society of Landscape Architects
California Parks & Recreation Society
Santa Rosa Metro Chamber of Commerce

RELEVANT PROJECTS

7 Our team of landscape architects look at the opportunities and constraints of any project and combine our technical skills and creativity to develop solutions that are sustainblybased. Our team's skills in site analysis, grading and drainage, plants, irrigation, microclimates, hardscapes, and structures provide an ideal background for presenting initial development concepts all the way through to construction.

INTEGRA+ will always include a principal, landscape
architect, landscape designer, and AutoCAD Drafter that have an intimate knowledge of the client's desire. All of our team members have been trained to work collaboratively with clients, architects, civil engineers, planners, and agencies.

With hundreds of park projects under our belts, our team is ready for any challenge. We understand the importance of park projects to the City and the significance that parks, trails, playgrounds, and open spaces play to community residents.

Our most successful projects have required our motivated team of professionals to work collaboratively with each other and the client. We believe great results come from understanding the client's needs and we are committed to helping our clients succeed, so we encourage open communication and honest feedback throughout the design process. We provide a dedicated project manager who will regularly communicate with the City to keep them informed about the status of their project and potential problems that may arise, ensuring quick and effective resolution.

We have worked on-call for the past 6 years with the
City of Cotati performing many landscape projects and
site plans. INTEGRA+ was selected to assist in the
development of the City of Cotati Parks Capital Plan,
which sought to review existing conditions and provide
improvement recommendations for all 13 parks within
the City of Cotati, given public input. Following the
Parks Capital Plan, we assisted in the designing of the revitalization of Kotate Park. We have since completed
the design and we are currently assisting the City in
project managing the construction work.

INTEGRA+ was also selected by the City of Santa
Rosa to assist with the Parks Master Plan and the
County of Marin to assist with their Civic Center Master Plan.

Project Experience

8 CITY OF COTATI - PARKS CAPITAL PLAN
Ric Hendricks and Mike Cook were hired to assist the City of Cotati with development of the Parks Capital Plan (City-wide Parks Master Plan with improvements). Our team worked diligently over 6 months to inventory the parks, develop spreadsheets and charts, and ideas of proposed features. After several months of completing the inventories of each of the 13 parks, we led the marketing, agenda, and operation of 4 public workshop meetings where we were able to gather over 60 residents’ opinions of each of the parks.

The purpose of the City of Cotati Parks Capital Plan was to review all existing parks within the City limits of Cotati. The review looked at existing conditions, took inventory of existing site features, provided a base map from existing aerial information, and provided recommendations for improvements/modifications given the public’s input. The existing City of Cotati parks include: La Plaza Park, Civic Center Park, Delano Park, Draper Park, Falletti Park, Helen Putnam Park, Kotate Park, Santero Way Park, Sunflower Park, Veterans Memorial Park, Garden Park, Pocket Park, and the Laguna De Santa Rosa Trail. The Parks Capital Plan also includes the former community garden along East Cotati Avenue (Garden Pathway Park).

After recording all information from workshops, online surveys and attendance at community events, Mike and Ric met with City staff to develop the master plans for each of the parks. Additional public hearings were conducted to incorporate recommendations from the Plan into the Capital Improvement Plan budgeting. “The Parks Capital Plan is the vehicle to conduct and implement a community process to determine what amenities and improvements are desired by the community for our park system, develop planning level cost estimates and relative priorities, and begin programming them for capital improvements.”
Reference: Ashley Wilson,
City Project Manager
Email: [email protected]
Phone: (707)-665-4222
Timeline: Oct 2017 - Nov 2019
Design Fee: $49,980
Address: 201 W. Sierra Avenue
Cotati, CA 94931
COTATI, CA—Inventory and Capital Plan for City Parks

9 TOWN OF WINDSOR - MICHAEL A. HALL PARK
The INTEGRA+ team was hired by the Town of Windsor Parks Department to rehabilitate the playground facility at Michael A. Hall Park in 2017. The Michael A. Hall Park Improvement Plan was a renovation of the existing park, mainly focused on playground updates. Our first task was to do a detailed site analysis which checked on things like drainage in the playgrounds, sun shade ratios, major trees and vertical elements that would impede equipment heights, etc. This work would inform the preliminary master plan for the entire park, and specifically the playground renovation.

The second phase involved community outreach. In particular we met with the 5th grade students of Brooks Elementary School which is adjacent to the park. We brought images and plans to discuss what type of play areas they would like to see in the park. As part of their school work, they were tasked with taking our research and product recommendations and design a playground that they would want to play on. Using many of the recommendations that were provided to the Town and our firm during community outreach, we developed several alternatives for review.

After we received the input from the students we developed two distinct concepts that we presented to the Town. We worked hand and hand with playground specialists to find the right equipment at the right budget for each concept. Then the Town chose a preferred concept and we developed 3D images and sketches that were presented to the Parks and Recreation Commission.

Upon approval by Town staff, we further developed the playground concept and preliminary master plan to a point that we could take the playground drawings to construction documentation. We worked with Town staff to ensure compliance with Town standards and developed a demolition plan, site + layout plan, irrigation plan and planting plan.

Reference: Olivia Lemen, Parks/Facilities Manager
Email: [email protected]
Phone: (707)-838-5383
Timeline: Oct 2017 - Nov 2018
Design Fee: $19,930
Address: 9291 Old Redwood Highway
Building 300D, Windsor CA, 95492
WINDSOR, CA—Playground Renovation & Expansion

10 COUNTY OF MARIN - MARIN CIVIC CENTER
Our firm was hired under two separate contracts with the united goal of water conservation. In order to design future comprehensive projects for the campus, the County needed an overall mapping and assessment of the existing irrigation system and landscape plantings.

Michael Cook compiled state of the art GIS mapping information into a data set that was surveyed on-site in a detailed and precise manner. Surveyed data points were post processed into an interactive GIS map that allows staff to select specific areas or specific plants on a site and reference a data table associated with that item. The data set displays all source information including: product ID, plant name, plant health, plant water use, plant canopy. From these data points, we were able to designate areas of future projects to the areas of highest demand.

Additionally, Michael Cook prepared an overall master plan to depict the tree canopy cover and prioritize areas for improvement. A majority of effort was put into the pedestrian circulation studies and how to connect the different areas of the Marin Civic Center Campus that include the historic Civic Center building (County Departments, County Jail, County Courthouse), Lagoon Park, Children’s Island, Veterans’ Memorial Building and County of Marin Conference Center.

At over 55 acres, the Marin Civic Center Master Plan covered a large area with preliminary layout and circulation routes.

As the County of Marin further delves into the specific areas, INTEGRA+ is ready to assist.

Reference: Cam Isaza, Project Manager
Email: [email protected]
Phone: (415)-473-7176
Timeline: Nov 2014 - Dec 2016
Design Fee: $88,000
Address: 3501 Civic Center Drive, Room 404
San Rafael, CA 94903
SAN RAFAEL, CA—Landscape Master Plan

11 CITY OF DUBLIN - SCHAEFER RANCH PARK & TRAILHEAD
As part of conceptual design, design development and construction documents for 6.3-acre multi-purpose community park and trailhead, Ric Hendricks was instrumental in the coordination, development, and design of the park. Working with the City of Dublin Staff, East Bay Regional Parks District (EBRPD) and various governing agencies, Ric lead the project and was responsible the overall project coordination, sub-consultant oversight, regulation compliance and quality control.

Through the process of community workshops with City staff, Planning Commission and various stakeholders, three alternative designs were developed and refined into a final master plan that was presented and unanimously approved by City Council. The park included prefabricated restroom building, multi-purpose grass field, basketball and tennis courts, age specific tot-lots, swings, water play feature, climbing boulders, Covered and open picnic, bench seating areas, a perimeter trail and open space. Trees were used to strategically to provide shade and ambiance. Additional services included a trailhead for EBRPD with a parking lot, restroom and horse staging area. The design process included site inventory, data gathering, site development, central irrigation system design, specifications and cost estimating.

While the project took several years to develop, it has become one of the more popular parks in the City of Dublin.

Reference: Diane Lowart, Retired City Project Mgr.

Email: N/A
Phone: (925)-833-6645
Timeline: Oct 2006 - Feb 2009
Design Fee: $120,000
Address: 9595 Dublin Blvd, Dublin, CA 94568
DUBLIN, CA—Conceptual Master Plan, Construction Documents

12 Sample Scope of Work
TASK 1 – Project Initiation
Detailed Site Investigation: INTEGRA+ will conduct a detailed site/field investigation of the McGarvey Park site. We will photographically document the site as well as the surrounding areas and approaches to inform our design process. The site investigation will assess and accomplish the following:

1. Visual assessment of site conditions.

2. Determine any existing opportunities and constraints.

3. Verify the limits of work and any possible issues adjacent to the area.

4. Inspect conditions of fountain for removal.

5. Conduct tree evaluation for succession planning.

6. Field verify approximate dimensions of aerial imagery of park for base map as as-built drawings are unavailable.

Kick-Off Meeting: After reviewing available information and conducting site visit. INTEGRA+ will organize and conduct a kick-off meeting with City of Ukiah representatives. This meeting will accomplish the following key tasks in the initialization of the project.

1. Identify key members of the design team for meetings and collaboration.

2. Establish roles and contacts to define effective lines for communication.

3. Discuss approach, scope of work, limit of work, project specifics, scheduling, and design criteria for developing a general framework for the project.

4. Identify problem areas and discuss potential conceptual ideas and solutions.

5. Share ideas about the project.

6. Request/review any additional studies or documentation needed to properly execute the design of the park.

Project Management: As project manager, Ric Hendricks will be the team’s main point of contact at INTEGRA+ and he will oversee the entire project from start to finish. His responsibilities will include:

1. Contract Negotiation + Compliance

2. Scheduling

3. Key Issue Resolution

4. City Meeting/Conference Calls

5. Design Review Meetings

6. City Presentations

7. Document Review + Compliance

8. Invoicing
Task 1 Deliverables:

1. Site investigation report and analysis.

2. Agenda + Minutes of kickoff meeting.

3. Initial in-person meeting with staff to discuss project goals.

TASK 2 – Alternative Park Concepts
Alternative Conceptual Design & Programming: Based upon the outcome of the kick-off meeting, site visit, and input from the City, INTEGRA+ will begin the initial Conceptual Design Phase of the project. We will include three (3) preliminary concepts to include at minimum the following in our designs:

1. Two (2) Conceptual Site Plans.

2. Fountain Replacement Options.

3. Image boards to help inform design concepts.

13 Input Session #1 with City: Upon completion of the initial two (2) concept site plans, INTEGRA+ will facilitate a virtual input session with City Staff. This will include a review of the concepts for City staff review and comments.

Task 2 Deliverables:

1. Initial conceptual rough drafts in PDF format.

2. 1-hour virtual in-put session with City staff.

3. Agenda & minutes.

TASK 3 – Initial Park Master Plan
Initial Master Plan: The INTEGRA+ will create one (1) initial Park Master Plan based on the comments from the first input session with the city. We will prepare a preferred design received from the Alternative Park Concept Design process. The following will be included in the Initial Parks Master Plan Package:

1. One (1) Refined Park Master Plan with Fountain Replacement.

2. Initial Tree Succession Recommendations.

3. Initial Planting Plan Concept and Legend.

4. Initial Irrigation Hydrozone Plan for Water Efficiency.

5. Image Boards as necessary to explain design intent.

Input Session #2 with City: Upon completion of the one (1) refined park master plan, INTEGRA+ will facilitate a virtual input session with City Staff. This will include a review of the Park Master Plan for City staff review and comments.

Public Spaces Commission: After initial review from City staff, INTEGRA+ will present virtual to the Public Spaces Commission for review and comments.

Task 3 Deliverables:

1. Initial Refined Park Site Master Plan in PDF format.

2. Tree succession recommendations.

3. Planting + Irrigation plan & legend.

4. 1-hour virtual in-put session with City staff.

5. Virtual in-put session with Public Spaces Commission.

6. Agenda & minutes for meetings.

TASK 4 – Final Park Master Plan
Final Master Plan: A final colored rendered Master Plan based on comments received from the city staff and Public Spaces Commission on the initial Master Plan process will be prepared by INTEGRA+. The following will be included in the Final Colored Rendered Master Plan package:

1. One (1) Final Site Park Master Plan.

2. Tree Succession Plan.

3. Planting Plan Concept and Legend.

4. Irrigation Mainline, Valves and Hydrozone Plan for Water Efficiency.

Task 4 Deliverables:

1. Two (2) full-size color rendered Site Park Master Plans Prints

2. Planting + Irrigation plan & legend.

3. Digital copy of rendered Parks Master Plans in PDF Format.

4. Statement of Probable Construction Cost (Add Alternative).

Sample Scope of Work

14 TASK

ASSIGNED
TO

START END
Task 0 - City Council Contract Approval
City Council Contract Approval Ukiah City Council 3/15/23 3/15/23 Notice to Proceed Ukiah City Staff 3/16/23 3/16/23
Task 1 - Project initation
Detailed Site Investigation & Review INTEGRA + 3/20/23 3/22/23 Kick-Off Meeting INTEGRA + City of Ukiah 3/23/23 3/23/23 Project Management INTEGRA + 3/16/23 3/27/23
Task 2 - Alternative Park Concepts
Alternative (2) Conceptal Designs INTEGRA + 3/27/23 4/12/23 Input Session Review w/City INTEGRA + City of Ukiah 4/13/23 4/13/23 Task 3 - Initial Park Master Plan
Initial Master Plan INTEGRA + 4/17/23 5/3/23
Input Session Review w/City INTEGRA + City of Ukiah 5/4/23 5/4/23 Public Spaces Commission INTEGRA + City of Ukiah PSC 5/10/23 5/10/23 Task 4 - Final Park Master Plan
Final Master Plan INTEGRA + 5/15/23 5/26/23
Statement of Porbalble Constrution Costs INTEGRA + 5/26/23 5/26/23 Proposed Schedule of Work

HOURS FEES
TEAM MEMBERS: Rates Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours Fee Hours FeeINTEGRA+ Landscape Architecture (IPLA) Principal/Quality Control $190 0.0 $0 0.0 $0 0.0 $0 0.5 $95 0.0 $0 0.5 $95 0.0 $0 0.0 $0 0.5 $95 0.0 $0 1.5 $285Principal/Project Manager $175 8.0 $1,400 0.0 $0 1.0 $175 1.0 $175 1.0 $175 1.0 $175 1.0 $175 1.0 $175 1.0 $175 2.0 $350 15.0 $2,625Landscape Architect $160 0.0 $0 4.0 $640 0.0 $0 4.0 $640 0.0 $0 2.0 $320 0.0 $0 0.0 $0 1.0 $160 0.0 $0 11.0 $1,760Landscape Designer $140 0.0 $0 4.0 $560 0.0 $0 8.0 $1,120 0.0 $0 6.0 $840 0.0 $0 0.0 $0 3.0 $420 0.0 $0 21.0 $2,940Drafting Technician $115 0.0 $0 4.0 $460 0.0 $0 16.0 $1,840 0.0 $0 12.0 $1,380 0.0 $0 0.0 $0 6.0 $690 4.0 $460 38.0 $4,370Administration $100 0.0 $0 0.0 $0 0.5 $50 0.0 $0 0.0 $1 0.0 $0 0.5 $50 0.5 $50 0.0 $0 2.0 $200 1.5 $150 SUBTOTAL For IPL
A 8.0 $1,400 12.0 $1,660 1.5 $225 29.5 $3,870 1.0 $176 21.5 $2,810 1.5 $225 1.5 $225 11.5 $1,540 8.0 $1,010 88.0 $12,130 TOTAL FOR EACH TASK $1,400.00 $1,660.00 $225.00 $3,870.00 $176.00 $2,810.00 $225.00 $225.00 $1,540.00 $1,010.00 $12,130.00

8.0 $1,010
Project Grand Total $13,140

BASE FEE
TOTALS
Public Spaces
Commision
Task 1
Project Initiation
City In-Put
Site Investigation Session
Project
Management
Task 2
Alternative Park Concepts
Concept Designs
(2)
City In-Put
Session
Initial Park Master
Plan (1)
Task 3
Initial Park Master Plan
Kick-Off Meeting
Task 4
Final Park Master Plan
Final Park Master
Plan
Statement of
Probable
Construction Cost
(Add Alternative)
Add Alternative:

INTEGRA PLANNING + LANDSCAPE ARCHITECTURE
Fee Proposal
Design Services for the McGarvey Park Landscape Plan
City of Ukiah

16 PLANNING
Principal $190/hour
Senior Planner $160/hour
Project Manager $150/hour
Planner $140/hour
Administration $100/hour

LANDSCAPE ARCHITECTURE
Principal $190/hour
Senior Landscape Architect/ Sr. Project Manager $175/hour Landscape Architect/Project Manager $160/hour
Landscape Designer $140/hour
AutoCAD Drafter $115/hour
Administration $100/hour
The fees outlined in this contract shall be applicable for a period of one calendar year. In December 2023, INTEGRA+ will alert the Client to any cost of living increases, and/or any increases in reimbursable costs, service cost increases, etc. that would occur at the beginning of 2024.

X
X
X

X X X X

X X X X X
X
X
X

X X X X

X X X X X
0481-010
MAC
08/14/14
Job No.

Sheet
Designed
Checked
Date
# Date By Revision
Prepared Under the Direction of:

CGL
 


RLA 5123 Exp. 11/30/14
Michael A. Cook

   
        
      

FEE SCHEDULE

City of Ukiah
McGarvey Plan Landscape
Proposal Evaluation Summary
Evaluation Criteria
Maximum
Points #1AS #2JD #3ND #4RG #1AS #2JD #3ND #4RG
Capabilities, resources, and applicable experience of the firm (M 25 t ) 25 24 21 23 20 23 24 25 22
Responsiveness‐ how firm addresses the Scope of Work. (Max 30 pts) 30 28 27 28 22 26 28 29 26Qualifications and experience of key individuals. (Max. 25 pts) 25 24 21 23 23 25 24 24 23Schedule for completion of the work. (Max 15 pts) 15 14 10 15 14 12 14 15 13Budget and schedule of charges. (Max 5 pts) 5 4 4 4 44 4 5 4 Individual evaluator totals: 100 94 83 93 83 90 94 98 88 Combined averaged totals for each consulting firm:

FINAL RANKING:

Evaluation Committee
Member
Integra GSM
Evaluation Committee Member
88 9388 93
Attachment 3

Agenda Item No: 8.f.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2516

AGENDA SUMMARY REPORT
SUBJECT: Award Bid to MARZ Engineering in the Amount of $113,499.84 for Specification 23-03 - Todd Grove Park Public Barbecue Facility Reconstruction.

DEPARTMENT: Community Services PREPARED BY: Neil Davis, Community Services Director PRESENTER: Neil Davis, Community Services Director.

ATTACHMENTS:

1. TODD GROVE BBQ AREA Plans

2. Request for Bid

3. Bid Results - Todd Grove Park Public BBQ Facility
Summary: Council will consider awarding bid to MARZ Engineering in the amount of $113,499.84 to MARZ Engineering Specification No. 23-03 for the Todd Grove Park Public Barbecue Facility Reconstruction.

Background: Todd Grove Park has long enjoyed the reputation as the City’s premier park. Many of the park’s historic features, including the gate and wall, were added during the federal Works Progress Administration.

The park features expanses of tree covered lawns and a wide variety of recreational amenities, including playgrounds, a performance stage, picnic tables, benches, a barbeque area, and a pool.

Unfortunately, the park’s group barbeque area has aged to the point of failure and needs to be removed and replaced. The asphalt under the area is rutted with roots and provides an uneven surface with tripping potential, while the tables and barbecue pits are outdated and require frequent maintenance. A number of barbeque area features have been removed as they have become un-maintainable.

The need to replace the barbeque area has been recognized for some time and has been on the Capital Improvement Project budget for over three years. The project was approved as part of the 2022-23 City budget.

Discussion: The plan for demolition of the existing infrastructure and installation of new, similar features along with an overview of the new features were presented to the Public Spaces Commission on January 10th and received no negative comment or opposition from commissioners. Staff received a call from a concerned citizen who expressed concern that the picnic tables are “historic” and should be maintained rather than replaced. Community Development Staff reviewed the subject and were unable to find any references or reasons to preserve the tables.

Plans for the site (Attachment 1) and Request for Bid (RFB) (Attachment 2) were prepared by Staff detailing how the new barbeque area should 1) retain approximately the same footprint, 2) continue with an equal amount of picnic table seating, 3) increase the number of individual barbeque pits to replace those that have been lost, 4) add a 30’ x 30’ shade structure to cover approximately half the picnic tables, 5) add an updated hydration station, 6) add a bioswale to improve on-site water retention, and 7) remove the dilapidated and largely unused horseshoe pit.

The RFB generated bids from seven contractors (Attachment 3). The bid from MARZ Engineering was reviewed and deemed the lowest responsive and responsible bidder. Staff recommends that Council award the bid to MARZ Engineering in the amount of $113,499.84 for the demolition and reconstruction of the group barbecue area at Todd Grove Park.

$50,000 from the Park Development Funds will be funding the project, with the balance being paid by the General Fund. A budget amendment is being requested for the difference between what was budgeted and what the lowest bid ended up being for the project, plus an additional 10% for contingencies.

Recommended Action: Award bid to MARZ Engineering in the amount of $113,499.84 for Specification 23-03 Todd Grove Park Public BBQ Facility Reconstruction.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 30022200.80220.18013: $100,000;
10000000.95300: $60,000; 30000000.91100: $60,000
PROPOSED BUDGET AMOUNT: 30022200.80220.18013: $124,850; 100000000.95300: $84,850; 30000000.91100: $84,850
FINANCING SOURCE: Park Development Funds: $50,000; General Fund: $74,850 PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 4a – Implement nature-based climate solutions.

CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482

AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG

TODD GROVE PARK

BBQ AREA REHABILITATION
0 5 10 20
168.6'

69.8'

PRESERVE (E)
ELEC. UTILITY CABINETS

DEMOLITION PLAN

REMOVE EXISTING ASPHALTREMOVE EXISTING CONCRETE SLAB
PAGE 1
ATTACHMENT 1

CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482

AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG

TODD GROVE PARK

BBQ AREA REHABILITATION

BIOSWALE AREA
282 SF

SEE DETAIL
0 5 10 20
8' PICNIC TABLE

PLACED END TO END

PEDESTAL MOUNTED

BBQ GRILL

FOOD PREP TABLE
30' X 30' SHADE COVERING

ADA DRINKING FOUNTAIN

IMPROVEMENT PLAN
PLACE 3" ASPHALT OVER 6" COMPACTED CLASS II BASEPLANTED SWALE LOCATION PAGE 2

CITY OF UKIAH
Location
Project
Title
300 Seminary Avenue
Ukiah, CA 95482

AS SHOWN
APRIL 2022
S:\PUBLIC WORKS\AUTOCAD\TODD GROVE BBQ AREA.DWG

TODD GROVE PARK

BBQ AREA REHABILITATION
8" PLANTING TOPSOIL
6" DRAIN ROCK

SCARIFIED NATIVE SOIL

1.0'

8.0'
3" HMA PAVEMENT
6" CLASS II BASE

COMPACTED NATIVE SOIL

PLAN DETAILS
PAGE 3

SWALE ELEVATION

NOT TO SCALE

PAVING SECTION

NOT TO SCALE

PLANTING PLAN

NOT TO SCALE
Attachment 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

TODD GROVE PARK

PUBLIC BBQ FACILITY RECONSTRUCTION
SPECIFICATION NO. 23-03

CITY OF UKIAH

DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
1:00 p.m., February 9, 2023
Todd Grove Park (Right across from Golf Course.)
600 Live Oak Avenue, Ukiah, California 95482
Bids Open: Thursday, February 23, 2023
2:00 p.m.

Office of City Clerk
Attachment 2

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

MARI RODIN – MAYOR
JOSEFINA DUENAS – VICE-MAYOR
DOUGLAS CRANE – COUNCIL MEMBER
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER

TIM ERIKSEN - DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH

DEPARTMENT OF COMMUNITY SERVICES
JANUARY 2023

THE TODD PARK i
Spec No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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

THE TODD PARK ii Spec No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION
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
7-12. Right of City to Terminate Contract for Convenience SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 16 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 ................................................................................................... 17 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays

THE TODD PARK iii Spec No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 18 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 ............................................................................................................... 22 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 26 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 ................................................................................................. 28 13-01. Scope of Work
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 29 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 29

THE TODD PARK iv Spec No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION
15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 26 PROPOSAL ............................................................................................................................................. 28 BIDDING SCHEDULE ................................................................................................................................... 29 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 31 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 32 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 33 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 34 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 35 SIGNATURE OF BIDDER ............................................................................................................................. 36 BIDDER'S BOND .......................................................................................................................................... 37 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 38 AGREEMENT ............................................................................................................................................. 39 INDEMNIFICATION AGREEMENT .............................................................................................................. 43 EXAMPLE BOND FORMS ............................................................................................................................ 44 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 48 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 49

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX A: TODD GROVE BBQ LAYOUT

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
SPECIFICATION NO. 23-03
NOTICE IS HEREBY GIVEN that sealed standard proposals for THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Thursday, February 23, 2023. Bids shall be addressed to the City Clerk and shall be endorsed “THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION " 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/.

ENGINEER'S ESTIMATE OF QUANTITIES
ITEM NO. QUANTITY UNIT DESCRIPTION
1 51 CY REMOVE EXISTING ASPHALT AND CONCRETE
2 142 CY EXCAVATE SUBGRADE
3 145 TON PLACE ASPHALT
4 142 CY PLACE CLASS II BASE ROCK
5 1 EA INSTALL SHADE STRUCTURE
6 2 EA INSTALL 8' PICNIC TABLE
7 8 EA INSTALL 16' PICNIC TABLE
8 5 EA INSTALL BBQ GRILL
9 2 EA INSTALL STANDING PICNIC TABLE
10 1 EA INSTALL DRINKING FOUNTAIN WITH DRAIN

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].

A mandatory pre-bid conference will be held at 1:00 p.m. on February 9, 2023 at the project site located at Todd Grove Park, 600 Live Oak Avenue, Ukiah California 95482. The existing barbecue facility is located right across from the golf course.

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.

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

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

Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: January 27, 2023
1/20/23

INSTRUCTIONS TO BIDDERS
THE TODD PARK RECONSTRUCTION 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 Sixty (60) 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.

A mandatory pre-bid conference will be held at 1:00 p.m. on February 9, 2023 at the project site located at Todd Grove Park, 600 Live Oak Avenue, Ukiah California 95482. The existing barbecue facility is located right across from the golf course. This meeting is to fully acquaint interested Contractors 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. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive.

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Oral statements or instructions made during this visit will not constitute an amendment to this solicitation. The City will determine the appropriate action necessary, if any, and may issue a written amendment to the bid request.

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 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.

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 via email to the following designated contact person:

Mary Horger, Financial Services Manager
Email: [email protected]
The City reserves the right to not respond to inquiries or questions submitted within 3 business days of the bid opening.

Location of the Work
All of the work to be performed is within the City of Ukiah. The project is located at 600 Live Oak Avenue, Ukiah, California.

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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.

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1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her business or partnership, along with his or her signature or the signature of one or more partners must be shown; if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name of the corporation and the title of the person who signs on behalf of the corporation.

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

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

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(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 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.

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Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. 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

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contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
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,

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officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

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

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

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

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surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

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,

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or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

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

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

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6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

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

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

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

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

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

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

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

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

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The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid 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. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below. 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.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:

1. Stop work as specified in the notice.

2. Complete any work specified in the notice of termination in a least cost/shortest time manner while still maintaining the quality called for under the contract documents.

3. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the contract documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.

4. Terminate all subcontracts to the extent that they relate to the portions of the work terminated.

5. Place no further subcontracts or orders, except as necessary to complete the continued portion of the contract.

6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination.

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Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:

All actual reimbursable costs incurred according to the provisions of this contract.

1. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

2. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the contract under this Article.

Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease work on the project until such safety or liability issues are addressed to the satisfaction of the City or the contract is terminated.

SECTION 8. WORKMANSHIP, MATERIALS and EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.

Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk.

After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

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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 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.

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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. 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

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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. (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

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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.

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

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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.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor,

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materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt.
11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure
Contractor shall timely comply with all notices and requests for changes to the contract time or contract price, as a prerequisite to filing any claim governed by this Article. The failure to timely submit a notice of delay or notice of change, or to timely request a change to the contract time or contract price, or to timely provide any other notice or request required herein shall constitute a waiver of the right to further pursue the claim under the contract or at law.

A. Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Article is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District.

Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

C. Supporting Documentation. The Contractor shall submit all claims in the following format:

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit

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Analysis of claim cost
Time impact analysis in CPM format
If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.

D. City’s Response. Upon receipt of a claim pursuant to this Article, 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. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

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 City’s 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 City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the District may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $15,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

E. Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

F. Mediation. 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 Contractor 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 City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

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.

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.

Unless otherwise agreed to by the City and the Contractor in writing, 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.

The mediation shall be held no earlier than the date the Contractor completes the work or the date that the Contractor last performs work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. 23

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G. Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code prior to initiating litigation. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

H. Civil Actions. The following procedures are established for all civil actions filed to resolve claims of $375,000 or less:

Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of this Contract. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

I. Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code Sections 900, et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
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

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shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah. The general project location is 600 Live Oak Avenue, Ukiah, California. The scope of work consists of the reconstruction of the Todd Grove Park Public BBQ Facility. The park’s public BBQ area has aged to the point of failure and must be removed and replaced. The work includes but is not limited to asphalt removal and replacement, removal and disposal of BBQ grills and picnic tables, furnish and install a water fountain, ,BBQ grills, picnic tables and topsoil.

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

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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

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.

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SECTION 13 - CONSTRUCTION DETAILS
The work shall include all necessary labor, equipment and materials to perform the tasks described below:
13-01. SCOPE OF WORK
i. Remove and dispose of existing BBQ grills (1), picnic tables (10 approx. 16’ a piece) and benches, food prep tables (2), drinking fountain (1) and horseshoe facility including sand, stakes, and pressure-treated fence.
ii. Remove and store two existing Bike Racks and Reinstall Bike Racks after reconstruction. iii. Remove and dispose of approximately 190 CY of existing asphalt and native soil. iv. Grade and place approximately 145 TON Hot Mix Asphalt 3” thick over area 8,500 SF All existing asphalt will be removed and replaced within the existing facility footprint, After paving, new picnic tables, associated BBQ facilities, swale, and a shade structure will be installed. v. Place 142 CY of class II base to 6” depth under asphalt and compact to 95% vi. Furnish and Install two group picnic areas as cited in Appendix A:

Area I to include:

Ten, 8’ long picnic tables secured to the ground, three pedestal mounted grills, and one standing level food prep table. Sonoma County Probation Department Picnic tables or similar preferred (Item F02 with 3” boards).

Area II to include:

Eight, 8’ long picnic tables secured to the ground, two pedestal mounted grills, and one standing level food prep table. Pedastal mounted grill to be Pilot Rock Heavy-Duty Steel Park-Style Charcoal Grill — 16in. x 16in., Model# H-16 B6X2 or equivalent.

One 30’ x 30’ shade covering with cover a minimum of 12’ high. Miracle brand “Play Shade Mariner Pyramid (Model: MRPSM004) or similar preferred. vii. Picnic tables, food prep tables, and grills to be bolted to, or securely implanted in, the asphalt viii. Furnish and Install 8’ x 32’ x 1’ swale.
ix. Furnish and Install ADA compatible drinking fountain with drainage to the swale. Elkay LK4420BF1UEVG Free Standing Tubular Drinking Fountain (Evergreen) or equivalent. x. Furnish and Install 6” topsoil to cover the removed Horseshoe area and swale

THE TODD GROVE PARK 29 Spec. No. 23-03

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

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

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

No amendments.

THE TODD GROVE PARK 30 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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 33 )
 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 35)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 36)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 37)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 38)
 Filled out completely per instruction
o Statement of Experience (Page 39)
o Signature of Bidder (Page 40 )
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 41)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 42 )
 Filled out completely per instruction
 Notarized
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing.

THE TODD GROVE PARK 31 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
Specification No. 23-03
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

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

THE TODD GROVE PARK 32 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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.

THE TODD GROVE PARK 33 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION
NAME OF BIDDER:

SPEC #: 23-03
PROJECT NAME: THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION ITEM
#

DESCRIPTION UNIT OF

MEASURE

QUANTITY UNIT PRICE TOTAL
1 REMOVE EXISTING ASPHALT AND CONCRETE
CY 51 $__________ $__________________
2 EXCAVATE SUBGRADE
CY 142 $__________ $__________________
3 PLACE ASPHALT
TON 145 $__________ $__________________
4 PLACE CLASS II BASE ROCK
CY 142 $__________ $__________________
5 INSTALL SHADE STRUCTURE
EA 1 $__________ $__________________
6 INSTALL 8' PICNIC TABLE
EA 2 $__________ $__________________
7 INSTALL 16' PICNIC TABLE
EA 8 $__________ $__________________
8 INSTALL BBQ GRILL
EA 5 $__________ $__________________
9 INSTALL STANDING PICNIC TABLE
EA 2 $__________ $__________________
10 INSTALL DRINKING FOUNTAIN WITH DRAIN
EA 1 $__________ $__________________
TOTAL BID ==>> $__________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

THE TODD GROVE PARK 34 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION
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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

THE TODD GROVE PARK 35 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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.

THE TODD GROVE PARK PUBLIC BBQ FACILITY RECONSTRUCTION
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

THE TODD GROVE PARK 36 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

THE TODD GROVE PARK 37 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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.)

THE TODD GROVE PARK 38 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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

THE TODD GROVE PARK 39 Spec. No. 23-03

PUBLIC BBQ FACILITY RECONSTRUCTION

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