Ukiah City Council
April 5, 2023

City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://zoom.us/j/97199426600 Or you can call in using your telephone only:
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April 5, 2023 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Proclamation Recognizing April 9th – 15th as National Public Safety Telecommunicators Week in the City of Ukiah.

Recommended Action: Issue Proclamation
Attachments:

1. Proclamation 2023

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

Recommended Action: Issue proclamation.

Attachments:

1. Arts and Culture Procalamation

4.c. Proclamation Declaring April 2023 as Sexual Assault Awareness in the City of Ukiah.

Recommended Action: Issue Proclamation.

Attachments:

1. Proclamation

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the March 15, 2023, Special Meeting.

Recommended Action:

Attachments:

1. 2023-03-15 Draft Minutes - Special Meeting

6.b. Approval of the Minutes for the March 15, 2023, Regular Meeting.

Recommended Action:

Attachments:

1. 2023-03-15 Draft Minutes - Regular Meeting

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

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

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

8.a. Approval of Notice of Completion of the Electric Service Center Site Work, Specification 16-07, and Approve Final Payment of the 5% Retention to CWS Construction Group, Inc.

Recommended Action: Approve Notice of Completion for the Electric Service Center Site Work, Specification 16-07, and approve the final payment of the 5% retention to CWS Construction Group, Inc., and direct the City Clerk to file the Notice of Completion with the County Recorder.

Attachments:

1. CWS Construction Group - Electric Utility Operation Center Site Work 2021-204 - Signed Contract

2. ASR Approve Budget Amendment-CWS Construction Group

3. Spec 16-07 Ukiah Electric Field Operation Ctr4. Notice of Completion-CWS

8.b. Authorize City Manager to Negotiate and Execute Memorandum of Agreement with Ukiah Adventist Hospital to Allow Participation in 340B Program, a Charitable Drug Discount Program.

Recommended Action: Authorize the City Manager to negotiate and execute the Memorandum of Agreement (MOA) between the City of Ukiah and Ukiah Adventist Hospital regarding participation in the 340B Program.

Attachments:

1. AHUV-City of Ukiah MOA regarding 340 B Unit of Government

8.c. Approval Notice of Completion for Granite Construction Company for the State Street and Dora Street Rehabilitation Project, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

Recommended Action: Approve Notice of Completion for the State Street and Dora Street Rehabilitation Project. Specification 21-04, and Direct the City Clerk to file the Notice of Completion with the County Recorder.

Attachments:

1. PLANS - 21-04 STATE AND DORA REHABILITATION

2. NOC Attachment

8.d. Adoption of Resolution of the City Council Authorizing the City Manager to Execute Current and Future Participation Documents for the National Opioid Settlements.

Recommended Action: Adopt a Resolution of the City Council authorizing the City Manager to negotiate and execute any and all corresponding documents related to the City’s participation in the New National Opioid Settlements and receipt of Settlement Funds pursuant to the Proposed California State Subdivision Agreements.

Attachments:

1. New National Opioid Settlement Participation Authorization

8.e. Approve a Budget Amendment for a Contract with GSM Landscape to Prepare a Landscape Plan for McGarvey Park.

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

Attachments:

1. GSM Proposal

2. Integra Proposal

3. McGarvey Proposal Evaluation Summary

8.f. Award Bid to MARZ Engineering in the Amount of $113,499.84 for Specification 23-03 - Todd Grove Park Public Barbecue Facility Reconstruction.

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.

Attachments:

1. TODD GROVE BBQ AREA Plans

2. Request for Bid

3. Bid Results - Todd Grove Park Public BBQ Facility

8.g. Consideration of a Donation of Real Property on Cherry Court (APN 003-050-41) from Peggy White and Authorization of the City Manager to Negotiate and Execute the Corresponding Donation Agreement; and Approval for the Closing Costs in the Amount of Approximately $1,200.

Recommended Action: Approve donation of real property on Cherry Court (APN 003-050-41) from Peggy White and authorize the City Manager to negotiate and execute the Donation Agreement and closing costs in the amount of approximately $1,200.

Attachments:

1. Cherry Court Aerial View

2. Real Property Donation Agreement - White Final

8.h. Receive Report Regarding the Appeal Process that the City has Undertaken in Opposition to FEMA's Proposed Adjustments to the Flood Maps that Affect Properties in the City of Ukiah and Provide/Authorize any other Direction Deemed Necessary.

Recommended Action: Receive report and provide/authorize additional direction if necessary.

Attachments:

1. City of Ukiah - FEMA Appeal of Preliminary FIRM and FIS_15MAR2023

2. FEMA Submittal_Acknowledgement_Ukiah_March2023

8.i. Approve the Purchase of a Three-Year SCADA Software Subscription Renewal for the Water Treatment Plant with E&M Electric in the Amount of $63,545.

Recommended Action: Approve the purchase of a three-year SCADA software subscription renewal for the Water Treatment Plant with E&M Electric for the amount of $63,545.

Attachments:

1. E & M Quote

8.j. Consideration of Nomination and Possible Adoption of a Resolution Appointing Joe Scriven to the Public Spaces Commission.

Recommended Action: Adopt Resolution appointing Joe Scriven to the At-large City Resident position on the Public Spaces Commission, term to expire on April 5, 2026.

Attachments:

1. City Code Sections

2. Application

3. Memo - Nomination - Joe Scriven

4. Proposed Resolution

8.k. Approval of Assignment of Agreement for Web-based Electric Vehicle Resource Toolkit and Design Services to CLEAResult Consulting Inc. and Authorize the City Manager to Execute any Corresponding Documents.

Recommended Action: Approve assignment of agreement for web-based electric vehicle resource toolkit and design services from Yenter Group Corporation to CLEAResult Consulting Inc., and authorize the City Manager to execute any corresponding documents.

Attachments:

1. Yenter - EV Web-base Resource 2122-142 - Contract - signed

2. Acquisition of ChooseEV - CLEAResult Consulting Inc.

8.l. Approval of Contract Amendment with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant.

Recommended Action: Approve contract amendment with Ukiah Waste Solutions for Biosolids Removal at the Wastewater Treatment Plant.

Attachments:

1. Original Contract

2. Amendment 1-5

3. Amendment 6

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

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (6:15 PM)

12.a. Adoption of Resolution Prezoning City-Owned Properties within Unincorporated Mendocino County, Introduction of Ordinance by Title Only Establishing Prezoning Districts, and Approval of Community Development Director Determination that the Aforementioned Actions Qualify for a CEQA Exemption.

Recommended Action: 1) Adopt a Resolution to Prezone Sixteen (16) Parcels; 2) Introduce by Title Only an Ordinance to Establish Prezoning Districts; 3) Approve the Community Development Director’s Determination that the Aforementioned Actions Qualify for a CEQA Exemption.

Attachments:

1. City Owned Annexation - List of Parcels & Prezoning Maps

2. County Maps

3. City Maps

4. City Owned Annexation - Previous Resolutions

5. City Owned Annexation - CEQA Documentation

6. Prezone Resolution - City Council

7. Prezone Ordinance - City Council

13. UNFINISHED BUSINESS

13.a. Adoption of an Ordinance Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries.

Recommended Action: Adopt an Ordinance Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries
Attachments:

1. Cannabis Consumption Area - Proposed Regulations (Clean)

2. Cannabis Consumption Area - Proposed Regulations (Redline)

13.b. Award Professional Services Agreement to LDA Partners, Inc. in the Amount of $68,800 to Prepare the Feasibility Study for the Corporation Yard Design.

Recommended Action: Award professional services agreement to LDA Partners, Inc. in the amount of $68,800 to prepare the Feasibility Study for the Corporation Yard design.

Attachments:

1. 221209 Ukiah Site Comparison

2. Ukiah Corp Yard Add Service #2 Conceptual Site Study

3. Relocation of the Corp Yard - Suggestions and Support

13.c. Consideration of Approval and Authorization for the City Manager to Negotiate and Execute the Services Agreement between the City of Ukiah and Mendocino Solid Waste Management Authority (MSWMA) to Provide General Manager and Related Administrative Services to MSWMA; that will Restructure the Operation of MSWMA.

Recommended Action: Approve and authorize the City Manager to negotiate and execute the services agreement between the City of Ukiah and Mendocino Solid Waste Management Authority (MSWMA) to provide general manager and related administrative services to MSWMA; that will restructure the operation of MSWMA; dependent on the action to approve the same agreement, by MSWMA at their regular Board meeting on April 20, 2023.

Attachments:

1. MSWMA Amended JPA Signed All Jurisdictions

2. Clean - Service Agreement with UWS

3. Lease - Mendocino Solid Waste Management Authority - Ukiah Waste Solutions

4. City - MSWMA Service Agreement

14. NEW BUSINESS

14.a. Consideration of Purchase of Real Property Near Doolan Canyon Drive (APN 003-260-01-00 and 003-500-14-00) from Eric Douglas Crane and the Francine Crane Selim Separate Property Trust in the Amount of $402,400; and Authorization of the City Manager to Negotiate and Execute the Corresponding Lease Agreement with Option to Purchase; and Approval for Associated Closing Costs.

Recommended Action: Approve purchase of real property near Doolan Canyon Drive (APN 003- 260-01-00 and 003-500-14-00) from Eric Douglas Crane and the Francine Crane Selim Separate Property Trust in the amount of $402,400 (including closing costs); and authorize the City Manager to negotiate and execute the corresponding Lease Agreement with Option to Purchase.

Attachments:

1. Aerial Views

2. DoolanCanyonDrParcelsAppraisal 2022

3. Lease Agreement with Option to Purchase with Exh A 3 29 23 DRAFT

14.b. Report an Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Recommended Action: Receive report on an emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings, and approve the work to continue under these emergency circumstances.

Attachments:

1. Pictures

2. West Coast Fire Water - Hastings Fire Remediation Work - 2223-177 - signed

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

Recommended Action: Receive report(s). The Council will consider modifications to committee and ad hoc assignments along with the creation/elimination ad hoc(s). Mayor to assign an Alternate for the Mendocino Solid Waste Management Authority (MSWMA) Commission.

Attachments:

1. City Council Special Assignments

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

15.a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)

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

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

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

15.e. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Ukiah v. Questex, Mendocino County Superior Court Case No. 15-66036

15.f. Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9)
Name of case: Jane Doe v. City of Ukiah et al., U.S.D.C. (Eureka Division) Case No. 123-cv009808.

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

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

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

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

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

Kristine Lawler, CMC
Dated: 3/31/23

Agenda Item No: 4.a.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2496

AGENDA SUMMARY REPORT
SUBJECT: Proclamation Recognizing April 9th – 15th as National Public Safety Telecommunicators Week in the City of Ukiah.

DEPARTMENT: Police PREPARED BY: Cedric Crook, Interim Police Chief PRESENTER: Mayor Rodin and Cedric Crook, Chief of Police ATTACHMENTS:

1. Proclamation 2023
Summary: The City Council will consider issuing a proclamation recognizing April 9th through the 15th as National Public Safety Telecommunicators Week in the City of Ukiah.

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

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

Public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time. These public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel. It is important to express gratitude to the hard working, essential staff that keep our communities safe.

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

In 2022, Ukiah Police Dispatchers received over 65,000 telephone calls from members of the community seeking assistance. 14,796 of those phone calls were 9-1-1 calls for assistance. In the year 2020 emergency dispatchers were also officially recognized as “First Responders” by the State of California just like their partner police officers, firefighters and EMS workers.

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

The proclamation recognizing April 9th through the 15th as National Public Safety Telecommunicators Week in Ukiah, is attached (Attachment 1).

Recommended Action: Issue Proclamation

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Tracey Porter, Communications and Records Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

ROCLAMATION CITY OF UKIAH

NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK
APRIL 09-15, 2023
WHEREAS, the National Public Safety Telecommunicators Week was signed into law in 1994, and is now celebrated annually during the second full week of April to thank those who dedicate their lives to serving the public; and
WHEREAS, across the nation in times of intense personal crisis and community-wide disasters, the first access point for those seeking all classes of emergency services is 9-1-1; and WHEREAS, the emergency communications centers and public safety dispatchers that receive these calls have emerged as the first and single point of contact for persons seeking immediate relief during an emergency; and
WHEREAS, public safety dispatching requires a unique skillset, and dedicated professionals prepared to handle any variety of emergency situations at any time; and WHEREAS, these public safety professionals are dedicated to helping citizens when they need it most and are the vital link between law enforcement and emergency response personnel; and WHEREAS, Ukiah Police Department’s Public Safety Dispatchers respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of Ukiah and Mendocino County 24 hours a day, 7 days a week; and WHEREAS, in 2022, Ukiah Police Dispatchers received over 65,000 telephone calls from members of the community seeking assistance; and
WHEREAS, 9-1-1 dispatchers are officially recognized by the State of California as “First Responders” just like their partner police officers, firefighters, and EMS workers; and WHEREAS, the City of Ukiah Building Maintenance Department has arranged for the exterior of the City of Ukiah Civic Center to be accented in gold lighting throughout the week in commemoration of National Public Safety Telecommunicators Week; and WHEREAS, the color gold has been long associated with public safety dispatchers, who are known as “the calm voice in the dark, the heroes behind the scenes, the Golden Link that holds it all together”.

THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah hereby proclaims the week of April 09 through 15, 2023, as; National Public Safety Telecommunicators Week in the City of Ukiah.

Signed and sealed, this 5
th day of April
in the year Two Thousand and Twenty-Three.
____________________________
Mari Rodin
City Council, Mayor
ATTACHMENT 1

Agenda Item No: 4.b.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2538

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

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

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

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

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

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

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

Discussion: In an effort to facilitate the development of more public art locally, the City of Ukiah adopted an art in public places policy in 2016. Staff is currently preparing an application to the Upstate CA Creative Corps grant program seeking funding for a year-long artist residency program and the Community Services department is pursuing a goal of adding fifty pieces of Public Art to Ukiah in the next five years as cataloged on the ukiahpublicart.org website.

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

Recommended Action: Issue proclamation.

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

Attachment 1
Roclamation

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

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

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

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

Signed and sealed, this 5th day of April
in the year Twenty Thousand Twenty-Three.
____________________________
Mari Rodin
Ukiah City Council Member

Agenda Item No: 4.c.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2543

AGENDA SUMMARY REPORT
SUBJECT: Proclamation Declaring April 2023 as Sexual Assault Awareness in the City of Ukiah.

DEPARTMENT: City Clerk PREPARED BY: Kristine Lawler, City Clerk PRESENTER: Mayor Rodin
ATTACHMENTS:

1. Proclamation
Summary: The City Council will issue a proclamation declaring April 2023 as Sexual Assault Awareness in the City of Ukiah.

Background: Sexual Assault Awareness Month (SAAM) calls attention to the fact that sexual violence is widespread and impacts every person in the community. SAAM aims to raise public awareness about sexual violence and educate communities about how to prevent it.

Discussion: Systems of oppression such as racism, sexism, classism, heterosexism, ageism, ableism, etc. contribute to higher rates of sexual harassment, assault, and abuse. Following are some statistics regarding sexual assault:
• More than four in five American Indian and Alaska Native women (84.3%) have experienced violence in their lifetime (Rosay, 2016).
• One in three Hispanic women (34.8%) reported unwanted sexual contact in their lifetime (Basile et al., 2022).
• 32.9% of adults with intellectual disabilities have experienced sexual violence (Tomsa et al., 2021). • 47% of all transgender people have been sexually assault at some point in their lives (James et al., 2016).

Not one person, organization, agency or community can eliminate sexual assault on their own—with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in the City of Ukiah through prevention education and increased awareness.

Locally, Project Sanctuary provides trauma informed, supportive services, by offering a 24-hour hotline to victims/survivors, responding to emergency calls, offering support and comfort during medical exams, criminal proceedings, and empowering those impacted by sexual assault to chart their own journey for healing.

Ending sexual violence in the City of Ukiah means that we must strongly support the efforts of national, state, and local partners, and of every citizen to actively engage in public and private efforts, including conversations about what sexual violence is, how to prevent it, and how to help survivors connect with services.

The proclamation declaring April 2023 as Sexual Assault Awareness in the City of Ukiah is Attachment 1.

Recommended Action: Issue Proclamation.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A

PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Jamie Pitman, Project Sanctuary

ROCLAMATION CITY OF UKIAH
DECLARING APRIL 2023 AS SEXUAL ASSAULT AWARENESS MONTH
WHEREAS, Sexual Assault Awareness Month (SAAM) calls attention to the fact that sexual violence is widespread and impacts every person in the community. SAAM aims to raise public awareness about sexual violence and educate communities about how to prevent it; and WHEREAS, systems of oppression such as racism, sexism, classism, heterosexism, ageism, ableism, etc. contribute to higher rates of sexual harassment, assault, and abuse; and WHEREAS, more than 4 in 5 American Indian and Alaska Native women (84.3%) have experienced violence in their lifetime; and
WHEREAS, 1 in 3 Hispanic women (34.8%) reported unwanted sexual contact in their lifetime; and
WHEREAS, 32.9% of adults with intellectual disabilities have experienced sexual violence; and
WHEREAS, 47% of all transgender people have been sexually assaulted at some point in their lives; and
WHEREAS, not one person, organization, agency, or community can eliminate sexual assault on their own—with leadership, dedication, and encouragement, there is compelling evidence that we can be successful in reducing sexual violence in the City of Ukiah through prevention education and increased awareness; and
WHEREAS, Project Sanctuary’s mission is to provide trauma-informed, supportive services, by offering a 24-hour hotline to victims/survivors, responding to emergency calls, offering support and comfort during medical exams, criminal proceedings, and empowering those impacted by sexual assault to chart their own journey for healing; and WHEREAS, ending sexual violence in the City of Ukiah means that we must strongly support the efforts of national, state, and local partners, and of every citizen to actively engage in public and private efforts, including conversations about what sexual violence is, how to prevent it, and how to help survivors connect with services.

THEREFORE BE IT RESOLVED, that we, the City Council for the City of Ukiah, join not only Project Sanctuary, but advocates and communities across the country in taking action to prevent sexual violence by proclaiming April as Sexual Assault Awareness Month.

Signed and sealed, this 5th day of April
in the year Two Thousand and Twenty-Three
____________________________
Mari Rodin
City Council, Mayor
ATTACHMENT 1

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 15, 2023
4:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on March 15, 2023, having been legally noticed on March 10, 2023. The meeting was held virtually at the following link: https://zoom.us/j/97199426600.

Mayor Rodin called the meeting to order at 4:02 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F. Crane, Josefina Dueňas, and Mari Rodin. Present: Sage Sangiacomo, City Manager and Kristine Lawler, City Clerk.

MAYOR RODIN PRESIDING.

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

3. UNFINISHED BUSINESS

4. NEW BUSINESS
a. Mid-Year Departmental Budget and Objectives Progress Review for Fiscal Year 2022-23, Review of Draft Objectives, and review of Individual Departmental Five-Year Capital Improvement Plan Updates for Fiscal Year 2023-24.

Presenters: Dan Buffalo, Finance Director and Jessie Brunell, Senior Accountant.

DEPARTMENT REPORTS:

City Manager’s Office:

Overview – Sage Sangiacomo, City Manager (4:04 p.m.)
City-wide Admin – Sage Sangiacomo, City Manager (4:09 p.m.) City Clerk – Kristine Lawler, City Clerk (4:12 p.m.)
Economic Development – Shannon Riley, Deputy City Manager (4:16 p.m.) Emergency Management – Traci Boyl, City Manager’s Office Senior Analyst (4:20 p.m.) Capital Improvement Projects (CIP) – Sage Sangiacomo, City Manager (4:25 p.m.) Community Development:

Overview – Craig Schlatter, Community Development Director (4:27 p.m.) Fire Prevention, Code Enforcement/Compliance, and Building Services – Matt Keizer, Chief Building Official (4:30 p.m.)
Planning Services – Jesse Davis, Chief Planning Manager (4:40 p.m.) Housing Services and Grants Management – Jim Robbins, Grants Manager (4:47 p.m.) Electric Utility:

Electric Administration – Cindy Sauers, Electric Utility Director (4:50 p.m.) Electric Distribution – Cindy Sauers, Electric Utility Director (4:56 p.m.) Electric Technical Services – Cindy Sauers, Electric Utility Director (4:58 p.m.) Airport – Greg Owen, Airport Manager (5:17 p.m.)

5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:27 p.m.

AGENDA ITEM 6b

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://zoom.us/j/97199426600
Ukiah, CA 95482
March 15, 2023
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on March 15, 2023, having been legally noticed on March 10, 2023. The meeting was held in person and virtually at the following link:
https://zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:00 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F. Crane, Josefina Dueňas, and Mari Rodin. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR RODIN PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Crane.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Administer of Oath of Office, Introduction, and Badge Pinning of New Police Chief, Cedric Crook.

Presenter: Mayor Rodin.

City Clerk administered the Oath of Office.

Cynthia Crook (mother) pinned the badge on Police Chief Crook.

Council and Staff Comment: Chief Crook
Public Comment: David Eyster, District Attorney.

RECESS: 9:11 – 6:19 P.M.
b. Proclamation of Earth Day 2023 and the Mayor's Monarch Pledge Supporting the National Wildlife Federation’s Efforts to Save the Endangered Monarch Butterfly.

Presenter: Mayor Rodin and Neil Davis, Community Services Director.

Public Comment: Robert Werra.

Mayor’s Pledge was received by Cathy Monroe.

5. PETITIONS AND COMMUNICATIONS

City Council Minutes for March 15, 2023, Continued:

City Clerk, Kristine Lawler, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the March 1, 2023, Regular Meeting.

Motion/Second: Sher/Duenas to approve Minutes of March 1, 2023, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of February 2023 - Finance. b. Council will Consider Authorizing the City Manager to Negotiate and Enter into a Five-Year Contract (COU No. 2223-178) with Borismetrics Inc. for an Amount Not to Exceed $50,000/year to Assist Ukiah Electric Utility with Regulatory Compliance and Cost of Service, Market Analysis, and Rate Studies – Electric Utility.
c. Consideration of Adoption of Resolution (2023-13) Approving Records Destruction for the Fire and Finance Departments, and Approval of Budget Amendment for City Clerk Contracted Services and Elections Account – City Clerk.
d. Authorize the City Manager to Negotiate and Execute a Contract (COU No. 2223-179) with Online Solutions LLC (DBA CitizenServe) for the Purchase and Deployment of Electronic Permitting Software for the Planning, Building, Fire Prevention, and Code Enforcement Divisions of the Community Development Department – Community Development. e. Approval Notice of Completion for Ghilotti Construction Co. for the Dora Street Utility Improvement Project, and Direct the City Clerk to File the Notice of Completion with the County Recorder – Public Works.
f. Approve the Plans and Specifications for Thickening and Dewatering Improvements, Specification 23-02, and Authorize Staff to Issue Bids – Public Works. g. Approve the Purchase (PO No. 47813) of Additional SCADA Software from E&M Electric & Machinery, Inc in the Amount of $35,452.28 – Public Works. h. Adoption of Ordinance Adopting and Approving Ukiah Police Department Policy 708, Military Equipment Use Policy, in Compliance with California Assembly Bill No. 481 - Police.

ORDINANCE NO. 1229

UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING AND APPROVING UKIAH POLICE DEPARTMENT POLICY 708, MILITARY EQUIPMENT USE POLICY, IN COMPLIANCE WITH CALIFORNIA ASSEMBLY BILL NO. 481.

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

None. ABSENT: None. ABSTAIN: None.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS

City Council Minutes for March 15, 2023, Continued:

Public Comment: Larry Olsen, Mendocino County Tobacco Coalition – Tobacco Retail License Ordinance; Greg Hubbs – Senior housing safety policies.

10. COUNCIL REPORTS
Presenters: Vice Mayor Duenas, Mayor Rodin, Councilmember Sher, and Councilmember Orozco (following the City Manager’s report).

11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 Fire at Hasting Facility – Sage Sangiacomo, City Manager and Cindy Sauers, Electric Utility Director

12. PUBLIC HEARINGS (6:15 PM)
a. Consider Adoption of a Resolution to Adopt a Mitigation Monitoring and Reporting Program, Initial Study, and Mitigated Negative Declaration for the Ukiah Riverside Park Regeneration Project.

Presenter: Neil Davis, Community Services Director.

Also Present: Patrick Farrar, Melton Design Group.

PUBLIC HEARING OPENED AT 7:28 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:28 P.M.

Motion/Second: Crane/Orozco to adopt the Resolution (2023-14) to adopt an Initial Study and Mitigated Negative Declaration for Riverside Park Regeneration Project. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT:

None. ABSTAIN: None.
b. Possible Introduction of an Ordinance by Title Only Amending Various Sections of Ukiah City Code to Permit On-Site Consumption at Cannabis Dispensaries; and Approval of Planning Commission Finding that the Ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA).

Presenter: Jesse Davis, Chief Planning Manager.

PUBLIC HEARING OPENED AT 7:49 P.M.

Public Comment: Leland Kraemer and Dr. Robert Werra.

PUBLIC HEARING CLOSED AT 7:55 P.M.

Councilmember Crane recessed between 7:54 – 8:04 P.M.

Motion/Second: Crane/Sher to approve the introduction of the ordinance by title only. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None.

ABSENT: None. ABSTAIN: Duenas.

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

City Council Minutes for March 15, 2023, Continued:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS

OF THE UKIAH CITY CODE TO PERMIT AND REGULATE CANNABIS CONSUMPTION AREAS

AT COMMERCIAL CANNABIS RETAIL BUSINESSES AND CANNABIS MICROBUSINESSES Motion/Second: Crane/Sher to introduce the ordinance amending various sections of Ukiah City Code to permit on-site consumption at cannabis retailers; and find the ordinance categorically exempt pursuant to Section 15061 (b)(3) of the CEQA Guidelines. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: None. ABSTAIN:

Dueňas.

RECESS: 8:22 – 8:30 P.M.
c. Conduct a Public Hearing and Adopt Resolution Establishing the Talmage Road Underground District No. 7 from State Street to Lorraine Street and on State Street between Talmage Road and Observatory Avenue, Including the Boundaries and Proposed Timeline; and Approve the Community Development Director's Determination that the Project Qualifies for CEQA Exemption.

Presenter: Cindy Sauers, Electric Utility Director.

PUBLIC HEARING OPENED AT 8:41 P.M.

Public Comment: Leland Kraemer.

PUBLIC HEARING CLOSED AT 8:46 P.M.

Motion/Second: Duenas/Sher to adopt Resolution (2023-15) establishing Talmage Road Underground District No. 7, approve boundaries and timeline, and approve the Community Director's Determination that the Project qualifies for a CEQA exemption. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT: None.

ABSTAIN: None.

13. UNFINISHED BUSINESS
a. Receive and Approve the Submittal of Annual Progress Reports to the Department of Housing and Community Development and the Governor's Office of Policy and Research.

Presenter: Jesse Davis, Chief Planning Manager.

Motion/Second: Orozco/Duenas to approve submittal of annual progress reports to the State.

Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin.

NOES: None. ABSENT: None. ABSTAIN: None.
b. Update from City Staff Regarding the Appeal Process that the City has Undertaken in Opposition to FEMA's Proposed Adjustments to the Flood Maps that Affect Properties in the City of Ukiah and Provide/Authorize any other Direction Deemed Necessary.

Presenters: Jason Benson, Senior Civil Engineer and Jesse Davis, Chief Planning Manager.

Report was received.

14. NEW BUSINESS

City Council Minutes for March 15, 2023, Continued:

a. Receive Report and Approve Application for Grant Funding from Upstate CA Creative Corps Program, and Approval of Corresponding Budget Amendments if Awarded.

Presenter: Neil Davis, Community Services Director.

Motion/Second: Crane/Orozco to approve an application for grant funding from Upstate CA Creative Corps Program and approval of corresponding budget amendments if awarded. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES:

None. ABSENT: None. ABSTAIN: None.
b. Receive Updates on City Council Committee and Ad Hoc Assignments and, if Necessary, Consider Modifications to Assignments and/or the Creation/Elimination of Ad hoc(s).

Presenter: City Manager Sangiacomo, Vice Mayor Duenas, Mayor Rodin, and Councilmember Sher.

Motion/Second: Sher/Orozco to disband the Police Chief recruitment ad hoc. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, Dueňas, and Rodin. NOES: None. ABSENT:

None. ABSTAIN: None.

Mayor Directive to serve as the Alternate for the Library Advisory Board.

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2) or (3))
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (1 case))
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20- 74612
f. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN Nos: 003-260-01, 003-500-14
Negotiator: Sage Sangiacomo, City Manager;
Negotiating Parties: Eric Crane and Francine Selim
Under Negotiation: Price & Terms of Payment

City Council Minutes for March 15, 2023, Continued:

g. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No Closed Session was held.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:32 p.m. ________________________________
Kristine Lawler, CMC

Agenda Item No: 8.a.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2457

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion of the Electric Service Center Site Work, Specification 16-07, and Approve Final Payment of the 5% Retention to CWS Construction Group, Inc.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. CWS Construction Group - Electric Utility Operation Center Site Work 2021-204 - Signed Contract

2. ASR Approve Budget Amendment-CWS Construction Group

3. Spec 16-07 Ukiah Electric Field Operation Ctr4. Notice of Completion-CWS Summary: Council will consider approving the Notice of Completion for the Electric Service Center Site Work project, Specification 16-07, and approve final payment of the 5% retention to CWS Construction Group, Inc.

Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq.ft. building located at 1350 Hastings Road to centrally house construction, engineering and technical services for the Electric Utility. Phase 2 of the project, renovation of the interior of the building and installation of solar generation, was scheduled for spring and summer of 2023, prior to the fire on March 8, 2023.

On May 5, 2021, Council awarded the contract (Attachment 1) for site improvements, including grading, fencing, new electrical service equipment and roofing to CWS Construction Group, Inc. The original contract amount was $2,693,933.50. On September 15, 2021, Council approved a budget amendment (Attachment 2) in the amount of $565,727 to provide additional funds due to change orders related to the water line relocation, dry rot repair on the roof, and increasing the traffic index to accommodate the anticipated truck loading. The approved revised contract amount was $2,963,326.85.

Discussion: Approximately 85% of the work was completed by March 2022, however, due to supply chain delays, the electrical service entrance equipment and generator were not delivered until early 2023. On March 2, 2023, the work was completed in conformance with the approved plans and specifications (Attachment 3). The revised contract amount, based on estimated quantities, was $2,963,326.85. Actual quantities and change orders resulted in a revised contract amount of $3,149,424.92. Final payment of the retention will be made to the contractor after 35 days from the date of the Notice of Completion (Attachment 4) is filed with the County Recorder.

Recommended Action: Approve Notice of Completion for the Electric Service Center Site Work, Specification 16-07, and approve the final payment of the 5% retention to CWS Construction Group, Inc., and direct the City Clerk to file the Notice of Completion with the County Recorder.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $1,011,151.32 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 2022 Electric Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2021-204
COORDINATED WITH: Mary Horger, Financial Services Manager

DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

Agenda Item No: 7.h.

MEETING DATE/TIME: 9/15/2021
ITEM NO: 2021-1056

AGENDA SUMMARY REPORT
SUBJECT: Approve Budget Amendment in the Amount of $565,727 for Contract No. 2021-204 with CWS Construction Group for the Electric Service Center Site Work, and Approve the Reset of Staff's 10% Change Order Authority Based on the Revised Contract Amount of $2,963,326.85.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Assistant Electric Utility Director PRESENTER:Consent Calendar
ATTACHMENTS:

1. CWS Construction Group - Electric Utility Operation Center Site Work 2021-204 - Signed Contract

2. Spec 16-07 - CCO 1 - Grading at Dump Site_Signed

3. Spec 16-07 - CCO 2 - Water Line, Trellis, Patio, Concrete + Roofing_Signed

4. Spec 16-07 - CCO 3 - AC_AB, Switchgear, Roof Curbs.docx Summary: Council will consider approving a budget amendment in the amount of $565,727 for Contract No. 2021-204 with CWS Construction Group for the Electric Service Center Site Work, and approving the reset of staff's 10% change order authority based on the revised contract amount of $2,963,326.85.

Background: On May 5, 2021, the City Council approved the award of contract (Attachment 1) for the Electric Service Center Site Improvements at 1350 Hastings Road for $2,693,933. The project consists of grading and finish improvements, bioswale and retention pond, fencing and roofing for the 2.8 acre property. Phase 2 of the project will include the addition of public solar generation facilities and continued renovation of the existing 15,800 square foot building which will centralize utility operations, construction, engineering and technical services for the Utility.

Two change orders that total $52,953 (Change Order 1 - Attachment 2, Change Order 2 - Attachment 3) have been issued for the relocation of a water main, reinforced concrete and additional minor items.

Change Order 3 (Attachment 4), still in the process of being fully-executed, increases the site asphalt to a higher traffic index to accommodate the anticipated truck loading and relocation of the electrical switchgear to avoid conflicts during phase 2 of the project. These changes plus dry rot repair on the roof amount to a total for this change order of $179,884.11.

The total amount of all three change orders is $232,837.11.

Discussion: In the Electric Utility's Capital Improvement Plan for FY 20/21, staff budgeted for the contract amount ($2,693,933.50) plus 10% ($269,393.35) for change orders. However, when the contract was entered into the financial software, the funds to cover change orders were not encumbered and therefore not carried forward to FY 21/22. As a result, staff is requesting a budget amendment in the amount of $269,393.35 for FY 2022 to cover for these change orders.

Since the 10% change order threshold amount of the original contract is about to be fully utilized, staff is requesting the reset of staff's 10% change order authority based on the revised contract amount of $2,963,326.85 due to the issuance of Change Orders 1-3. This would then necessitate an additional Attachement 2

budget amendment in the amount of $296,333. As a result, the total budget amendment amount requested is $565,727.

Recommended Action: Approve budget amendment in the amount of $565,727 for Contract No. 2021-204 with CWS Construction Group for the Electric Service Center Site Work, and approve the reset of staff's 10% change order authority based on the revised contract amount of $2,963,326.85.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $350,000
PROPOSED BUDGET AMOUNT: 80126100.80220.17023; $915,727
FINANCING SOURCE: 800 Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Mel Grandi, Electric Utility Director; Mary Horger, Financial Services Manager

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

UKIAH ELECTRIC UTILITY
FIELD OPERATION CENTER – SITE WORK
SPECIFICATION NO. 16-07

MANDATORY PRE-BID MEETING
11:00 a.m, Monday, March 31st, 2021
1350 Hastings Avenue
Ukiah, California 95482

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: Tuesday, April 13, 2021
2:00 p.m.

Office of City Clerk
Attachment 3

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JUAN OROZCO – MAYOR
JIM BROWN – VICE MAYOR
DOUG CRANE – COUNCIL MEMBER
JOSEFINA DUENAS – COUNCIL MEMBER
MARI RODIN – 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 ELECTRIC UTILITY
MARCH 2021

TABLE OF CONTENTS
PAGE
NOTICE TO BIDDERS.................................................................................................................................... 1 INSTRUCTIONS TO BIDDERS...................................................................................................................... 2 SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS.............................................. 4 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........................................................................... 6 2-01. Award of Contract
2-02. Return of Proposal Guaranties
2-03. Execution of Contract
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................... 6 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...................................................................................................................................... 7 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.......................................................... 8 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
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR.......................................................... 9 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........................................................................ 14 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT............................................................... 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
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............................................................................................................................. 19 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
11-3 Claims Procedure Required by Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver
SECTION 12. GENERAL INFORMATION................................................................................................... 25 12-01. Location and Scope of Work
12-02. List of Construction Documents [Specifications]
12-03. List of Construction Documents [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. Construction Drawings and Technical Specifications SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS.................................................................. 28 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS..................................................................... 28 15-01. Provisions of General Conditions to be Amended

LIST OF CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 29 PROPOSAL .......................................................................................................................................................... 30 BIDDING SCHEDULE................................................................................................................................... 31 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 35 WORKER'S COMPENSATION CERTIFICATE............................................................................................. 36 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT.................................................................... 37 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 38 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 39 SIGNATURE OF BIDDER............................................................................................................................. 40 BIDDER'S BOND........................................................................................................................................... 41 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 42 AGREEMENT........................................................................................................................................................ 43 INDEMNIFICATIONAGREEMENT............................................................................................................... 47 FAITHFUL PERFORMANCE BOND ……..................................................................................................... 48 MATERIALANDLABORBOND…………………………………………………………………………………….50 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND.............. 52 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND.................................................. 53

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

ATTACHMENTS:

A – CONSTRUCTION DOCUMENTS – DRAWINGS
B – CONSTRUCTION DOCUMENTS – TECHNICAL SPECIFICATIONS
D – INFORMATION FOR BIDDERS:

ATTACHMENT #1 – PRELIMINARY SUSMP
ATTACHMENT #2 – GEOTECHNICAL EXPLORATION REPORT #6883.24 ATTACHMENT #3 – TECHNICAL MEMORANDUM WITH APPENDIX #68836.17

Ukiah Electric Utility Field Operation Center – Site Work 1 Spec. No. 16-07

CITY OF UKIAH, MENDOCINO COUNTY,

CALIFORNIA NOTICE TO BIDDERS FOR UKIAH

ELECTRIC UTILITY FIELD OPERATION CENTER
– SITE WORK SPECIFICATION NO. 16-07
NOTICE IS HEREBY GIVEN that sealed standard proposals for UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK will be received at the Office of the City Clerk, Ukiah Civic Center Annex –located at 411 West Clay Street, until 2:00 p.m. on Tuesday, April 13, 2021, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed to the City Clerk and shall be endorsed “UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK" DUE TO THE CITY’S CURRENT CLOSURE TO THE PUBLIC BECAUSE OF THE COVID-19
PANDEMIC, bids that are HAND DELIVERED must be placed in the Night Drop Box located to the right of the front doors of the Ukiah Civic Center Annex, at the address listed above. As soon thereafter as possible, the bids will be publicly opened via live streaming at http://www.cityofukiah.com/meetings/ and read. Bids are required for the entire work described herein. No fax bids will be accepted.

Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for the work to be performed within the City of Ukiah and consisting of Earthwork, select utility rough-ins, provision and installation of fencing and gates (both rolling & swinging), re-roofing, and solar system installation (both building mounted and freestanding). General locations of the work is 1350 Hasting Avenue, Ukiah, California.

A MANDATORY PRE-BID MEETING will be held at 11:00 a.m. on Wednesday, March 31, 2021. The meeting will be held at 1350 Hastings Avenue, Ukiah, California 95482. Social distancing will be mandatory, and maintained through the course of the meeting.

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 Williamson, Buyer II at (707) 467-5777 or by email at [email protected].

The City Council reserves the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid by a responsible bidder and which it deems in the best interest of the City to accept.

The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

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

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” 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: 3-11-21
Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH TWO TIMES: March 18th, 2021 and March 25th, 2021

Ukiah Electric Utility Field Operation Center – Site Work 2 Spec. No. 16-07

INSTRUCTIONS TO BIDDERS
The UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK 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 One hundred fifty (150) 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 MEETING will be held at 11:00 a.m. on Monday, March 31, 2021. The meeting will be held at the 1350 Hastings Avenue, Ukiah, California 95482, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restriction attending the execution of the work under the Contract. Social distancing will be mandatory, and maintained through the course of the meeting. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.

Ukiah Electric Utility Field Operation Center – Site Work 3 Spec. No. 16-07 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 Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve the bidder from any obligation with respect to his or her proposal or to the contract. The drawings for the work show conditions as they are supposed or believed by the Engineer to exist; but, it is neither intended nor shall it be inferred that the conditions as shown thereon constitute a representation by the Engineer, the City or its officers that such conditions are actually existent, nor shall the City, the Engineer or any of their officers or representatives be liable for any loss sustained by the Contractor as a result of a variance between the conditions shown on the drawings and the conditions actually revealed during the progress of the work or otherwise.

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

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

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

Mary Williamson, Buyer II
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 is to be performed is within the City of Ukiah. Project is located at 1350 Hasting Avenue, Ukiah, California.

Ukiah Electric Utility Field Operation Center – Site Work 4 Spec. No. 16-07

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.

Ukiah Electric Utility Field Operation Center – Site Work 5 Spec. No. 16-07 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.

Ukiah Electric Utility Field Operation Center – Site Work 6 Spec. No. 16-07 (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.

Ukiah Electric Utility Field Operation Center – Site Work 7 Spec. No. 16-07 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 contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and

Ukiah Electric Utility Field Operation Center – Site Work 8 Spec. No. 16-07 failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

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

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

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

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

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

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 9 Spec. No. 16-07

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

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

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 10 Spec. No. 16-07 6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 11 Spec. No. 16-07 in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

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

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

Ukiah Electric Utility Field Operation Center – Site Work 12 Spec. No. 16-07 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

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

Ukiah Electric Utility Field Operation Center – Site Work 13 Spec. No. 16-07 the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 14 Spec. No. 16-07 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

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

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

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

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

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.

Ukiah Electric Utility Field Operation Center – Site Work 15 Spec. No. 16-07 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.

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.

Ukiah Electric Utility Field Operation Center – Site Work 16 Spec. No. 16-07 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

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

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

Ukiah Electric Utility Field Operation Center – Site Work 17 Spec. No. 16-07 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 18 Spec. No. 16-07 which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 19 Spec. No. 16-07 SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 20 Spec. No. 16-07 (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 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.

Ukiah Electric Utility Field Operation Center – Site Work 21 Spec. No. 16-07 10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

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

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 22 Spec. No. 16-07 the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.

SECTION 11. MISCELLANEOUS
11-01. Notice. Whenever any provision of the contract documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. If mailed, the notice shall be deemed received on the date of delivery stated in the return receipt. 11-02. Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.
11-03. Claims Procedure Required by Public Contract Code Section 9204. This section shall apply to any claim by the Contractor arising in connection with this project in accordance with Public Contract Code Section 9204.
a, For purposes of this section "Claim" means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City under this contract.
(B) Payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
b.
(1)
(A) Upon receipt of a claim pursuant to this section, the City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and the contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The Contractor shall furnish reasonable documentation to support the claim. (C) If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. If the City fails to issue a written statement, paragraph (3) shall apply.
(2)
(A) If the Contractor disputes the City's written response, or if the City fails to respond to a claim issued pursuant to this section within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent

Ukiah Electric Utility Field Operation Center – Site Work 23 Spec. No. 16-07 by registered mail or certified mail, return receipt requested, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to in writing by the City and the Contractor, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (3) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the Contractor. annum.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the Contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. c. A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

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

Ukiah Electric Utility Field Operation Center – Site Work 24 Spec. No. 16-07 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work. 11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

Ukiah Electric Utility Field Operation Center – Site Work 25 Spec. No. 16-07 SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. All of the work to be performed is within the City of Ukiah and consists of Earthwork, select utility rough-ins, provision and installation of fencing and gates (both rolling & swinging), reroofing, and solar system installation (both building mounted and freestanding). General locations of the work is 1350 Hasting Avenue, Ukiah, California.

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. List of Construction Documents [Specifications]. The Technical Specifications are arranged in sections covering the various elements of work for this phase as follows:

CONSTRUCTION DOCUMENTS(SPECIFICATIONS)
DIVISION Section No. Title
1 GENERAL REQUIREMENTS
01000 GENERAL REQUIREMENTS
01010 SUMMARY OF THE WORK
01060 REGULATORYREQUIREMENTS
01015 CONTRACTOR’S USE OF THE PREMISES
01100 PROJECT MANAGEMENT & COORDINATION
01200 PROJECT MEETINGS
01311 CONSTRUCTIONSCHEDULE
01340 SUBMITTALS
01450 STRUCTURAL TESTING & LABORATORY SERVICES
01700 PROJECT CLOSEOUT
2 SITEWORK
02200 EARTHWORK
02221 TRENCHING, BACKFILLING, & COMPACTION
02710 STEEL FENCING – HIGH SECURITY
02829 ELECTRIC GATE OPERATOR
02833 STEEL ROLLING GATE SYSTEM
02833 STEEL SWING GATE
3 CONCRETE
03100 CONCRETEFORMWORK
03200 CONCRETEREINFORCEMENT
03300 CAST-IN-PLACE
7 THERMAL AND MOISTURE PROTECTION
07400 METAL ROOFING PANEL SYSTEM
07600 FLASHING AND SHEET METAL
12-03. List of Construction Documents [Plans]. General locations of the work s shown in Appendix "A". A set of construction plans is included in each bid package that will be provided to the bidder showing the exact locations of the work to be done during this phase of the work.

Ukiah Electric Utility Field Operation Center – Site Work 26 Spec. No. 16-07

CONSTRUCTION DOCUMENTS (PLANS)

GENERAL SHEET TITLE
TP100 TITLE PAGE, INDEX, LEGENDS & VICINITY MAP
CG1.0 CAL GREEN BUILDING STANDARDS CODE
CG1.1 CAL GREEN BUILDING STANDARDS CODE
CG1.2 CAL GREEN BUILDING STANDARDS CODE
ADA.1 SITE ACCESSIBILITY FEATURES
ADA.2 BUILDING ACCESSIBILITY FEATURES
COA10 CONDITIONS OF APPROVAL
CIVIL
C-1 TOPO MAP (EXISTING CONDITIONS) AND DEMO PLAN
C-2 GRADING AND DRAINAGE PLAN
C-3 PARKING/RAMP PLAN AND DETAILS

LANDSCAPE
L101 PLANTING CONCEPT PLAN
L102 IRRIGATION CONCEPT PLAN
L103 DETAILS
L104 LANDSCAPESPECIFICATIONS

ARCHITECTURAL
AS100 ARCHITECTURAL SITE PLAN, NOTES & DETAILS
AS110 COURTYARD PARTIAL PLAN, NOTES & DETAILS
AS111 TRASH & RECYCLE STORAGE ENCLOSURE, NOTES & DETAILS AS200 VEHICLE GATE PLAN, NOTES & DETAILS
AS201 MAN GATE & FENCE NOTES & DETAILS
A100 ARCHITECTURAL FLOOR PLAN (EXISTING – NO WORK)
A200 NOT USED
A300 COURTYARD INTERIOR ELEVATIONS
A400 EXTERIOR ELEVATIONS, NOTES & DETAILS
A500 ROOF PLAN NOTES & DETAILS
A501 ROOF DETAILS

ELECTRICAL
ES001 ELECTRICAL COVER SHEET
ES100 ELECTRICAL SITE PLAN
ES200 DETAILS
ES700 SPECIFICATIONS
ES701 SPECIFICATIONS
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, 2015, 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.

Ukiah Electric Utility Field Operation Center – Site Work 27 Spec. No. 16-07 Engineer - The Engineer, designated by the City Council, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

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

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

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

1. Special Provisions

2. 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.

Ukiah Electric Utility Field Operation Center – Site Work 28 Spec. No. 16-07 SECTION 13. CONSTRUCTION DETAILS
13-01. Construction Drawings and Technical Specifications. Refer to Attachments A, B and C.

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
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.

Ukiah Electric Utility Field Operation Center – Site Work 29 Spec. No. 16-07

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 30)
➢ 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.

Ukiah Electric Utility Field Operation Center – Site Work 30 Spec. No. 16-07

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR
UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK Specification No. 16-07
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:

Ukiah Electric Utility Field Operation Center – Site Work 31 Spec. No. 16-07

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.

Ukiah Electric Utility Field Operation Center – Site Work 32 Spec. No. 16-07 NAME OF BIDDER:

SPEC #: 16-07
PROJECT NAME: Electric Utility – FOC
ITEM
#

DESCRIPTION UNIT OF

MEASURE

QUANTITY UNIT PRICE TOTAL
1 Perform all Site Grading according to the plans
and specifications LS
1 $ $ _
2 Asphalt Concrete Removal
SF
5680
$ $ _
3 New Asphalt Concrete for parking area (3” AC on
15” AB) according to soils report SF
4000
$ $ _
4 New Asphalt Concrete for yard area (3” AC on 12
AB) according to soils report SF
35,000
$ $ _
5 Concrete Removal
SF
3,500
$ $ _
6 New Concrete Walkways, Generator Pad, Trash
Enclosure Pad, Equipment Pads SF
6,000
$ $ _
7 Install Valley Gutter
SF
1750
$ $ _
8 3’ Retaining Wall, Stack Stone
FT
220
$ $ _
9 Provide and install Landscaping - Plants, trees,
shrubs and irrigation LS
1 $ $ _
10 Bioswale & Retention pond
LS
1 $ $ _
11 Installation of storm drain and traffic grates
FT
600
$ $ _
12 Provide and Install Property Fencing
FT
900
$ $ _
13 Provide and Install Single Leaf Vehicle Gate with
Controller EA
1 $ $ _
14 Provide and Install Double Leaf Vehicle Gate with
two Controllers EA
1 $ $ _
15 Provide and Install Man Gates
EA
4 $ $ _
16 Provide and Install privacy fencing for meters and
trash enclosure FT
40 $ $ _
17 Demo and Dispose of cross fences on west side of
building LS
1 $ $ _

Ukiah Electric Utility Field Operation Center – Site Work 33 Spec. No. 16-07 18 Relocate Mailbox to new location
LS
1 $ $ _
19 Remove and replace existing roofing on first floor
SF
12,400
$ $ _
20 Remove and replace existing roofing on second
floor SF
1,600
$ $ _
21 Remove and replace existing gutters
FT
710
$ $ _
22 Provide and install new downspouts
EA
18 $ $ _
23 Provide and install new Covered entry
LS
1 $ $ _
24 Provide and install trellis covered patio
LS
1 $ $ _
25 Diesel Generator, 125kW, 120/240v, 3 Phase, Delta
Connected EA
1 $ $ _
26 ATS – NEMA 3R, 1000A, 120/240v, 3 phase, 4 wire.
65KAIC EA
1 $ $ _
27 Provide and Install 1000A Service Entrance panel –
NEMA 3R, 120/240v, 3 phase, 4 wire. 65KAIC EA
1 $ $ _
28 Excavate, trench, backfill and compaction (24”x36”
trench) FT
1400
$ $ _
29 5 Inch PVC SCH 40 conduit including installation
FT
500
$ $ _
30 4 Inch PVC SCH 40 conduit including installation
FT
650
$ $ _
31 2 Inch PVC SCH 40 conduit including installation
FT
1600
$ $ _
32 Excavate, backfill, compaction and installation of
secondary service box (City to provide) EA
10 $ $ _
33 Streetlight Foundations
EA
8 $ $ _
TOTAL BID ==>> $ _

Ukiah Electric Utility Field Operation Center – Site Work 34 Spec. No. 16-07 We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of , 20___.

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

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

Department of Industrial Relations Public Works Contractor Registration Number:

Signature of bidder or bidders, with business name, address, phone number and fax number:

Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.

Ukiah Electric Utility Field Operation Center – Site Work 35 Spec. No. 16-07

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.

SPEC. NO. 16-07 – UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK (Signature of Bidder)
Business Mailing Address:

Business Location:
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

Ukiah Electric Utility Field Operation Center – Site Work 36 Spec. No. 16-07

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

Witness my hand this day of _, 20
Signature of Bidder, with Business Address:

Ukiah Electric Utility Field Operation Center – Site Work 37 Spec. No. 16-07

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.)

Ukiah Electric Utility Field Operation Center – Site Work 38 Spec. No. 16-07

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

Ukiah Electric Utility Field Operation Center – Site Work 39 Spec. No. 16-07

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. _

Ukiah Electric Utility Field Operation Center – Site Work 40 Spec. No. 16-07

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

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

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

Licensed in accordance with an act providing for the registration of Contractors:

License No. , License Expiration Date .

Signature(s) of Bidder:

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

Business address:

Place of residence:

Dated:

Ukiah Electric Utility Field Operation Center – Site Work 41 Spec. No. 16-07

CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on April 13th, 2021 for UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK, SPEC. NO. 16-07.

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

INWITNESSWHEREOF, we have hereunto set our hands and seals on this day of , A.D. 20____.
(Seal)
(Seal)
(Seal)
Principal
(Seal)
(Seal)
(Seal)
Surety
Address:

Ukiah Electric Utility Field Operation Center – Site Work 42 Spec. No. 16-07

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

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK, SPEC. NO. 16-07 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.

Signature(s) of Bidder
Business Address:

Place of Residence:

NOTARIZATION
Subscribed and sworn to before me this day of , 20 .

Notary Public in and for the County of , State of California.

My Commission Expires , 20 .

Ukiah Electric Utility Field Operation Center – Site Work 43 Spec. No. 16-07

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR
UKIAH ELECTRIC UTILITY FIELD OPERATION CENTER – SITE WORK Specification No. 16-07
THIS AGREEMENT, made this day of , 20___, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and hereinafter called the Contractor,
WITNESSETH:

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

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

That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within One hundred fifty (150) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer

Ukiah Electric Utility Field Operation Center – Site Work 44 Spec. No. 16-07 Article II. Contract Prices.

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

Article III. Labor Discrimination.

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

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

Ukiah Electric Utility Field Operation Center – Site Work 45 Spec. No. 16-07 Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period. (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

Article IV. Parts of the Contract.

Ukiah Electric Utility Field Operation Center – Site Work 46 Spec. No. 16-07 That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Contract Bonds

9. Contract Drawings and Construction Details

10. Standard Drawings

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

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:

CITY MANAGER, CITY OF UKIAH
Attest:

CITY CLERK, CITY OF UKIAH
By:

CONTRACTOR
Attest:

Title:

The foregoing contract is approved as to form and legality this day of _, 20 .

CITY ATTORNEY, CITY OF UKIAH

Ukiah Electric Utility Field Operation Center – Site Work 47 Spec. No. 16-07

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

Contractor is
for Ukiah.

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

Accordingly, Contractor agrees as follows:

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

CONTRACTOR
BY:

TITLE:

Ukiah Electric Utility Field Operation Center – Site Work 48 Spec. No. 16-07

CITY OF UKIAH
Mendocino County, California

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
_,
AS PRINCIPAL, and
_,

AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($_ )
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _, 20_ , a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect.

No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of ,20 _.

In the presence of:

WITNESS:
_(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)

Ukiah Electric Utility Field Operation Center – Site Work 49 Spec. No. 16-07 WITNESS:
_(SEAL)
(Corporate Principal)
(Business Address)
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
ATTEST:

Affix
(Corporate Surety) Corporate
Seal
(Business Address)
(City/State/Zip Code)
The rate of premium on this bond is $ per thousand.

The total amount of premium charges is $_ _..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_ , certify that I am the
Secretary of the corporation named as Principal in the foregoing bond; that _, who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.

Affix Corporate Seal

Ukiah Electric Utility Field Operation Center – Site Work 50 Spec. No. 16-07

CITY OF UKIAH
Mendocino County, California

MATERIAL AND LABOR BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
_, AS PRINCIPAL,
and
_, AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of dollars ($_ )
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _, 20 ,
a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect.

No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this day of ,20 _.

In the presence of:

WITNESS:
_(SEAL)
(Individual Principal)
(Business Address)
(City/State/Zip Code)

Ukiah Electric Utility Field Operation Center – Site Work 51 Spec. No. 16-07 WITNESS:
(SEAL)
(Corporate Principal)
(Business Address)
(City/State/Zip Code)
ATTEST:
(Corporate Principal) Affix
Corporate
Seal
(Business Address)
(City/State/Zip Code)
ATTEST:

Affix
(Corporate Surety) Corporate
Seal
(Business Address)
(City/State/Zip Code)
The rate of premium on this bond is $ per thousand.

The total amount of premium charges is $_ _..
(The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_ , certify that I am the
Secretary of the corporation named as Principal in the foregoing bond; that _, who signed the said bond on behalf of the Principal, was then of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.

Affix Corporate Seal

Ukiah Electric Utility Field Operation Center – Site Work 52 Spec. No. 16-07

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

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

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

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

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

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

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

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

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

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

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

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

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

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

Ukiah Electric Utility Field Operation Center – Site Work 53 Spec. No. 16-07

CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

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

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

Signed, sealed, and dated this day of , 20_ .
(Seal)
BY: (Seal)
(Seal)
Principal
(Seal)
BY: (Seal)
(Seal)
Surety

Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as: Electric Service Center-Site Work, Spec. No. 16-07.

2. That the nature of the work: Site improvements including grading, fencing, and roofing, Specification No. 16-07.

3. That on the 2
nd of March 2023, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is CWS Construction Group, Inc., 94 San Benito Way, Novato, CA 94945.

5. That the property location of work performed herein referred to is situated in the County of Mendocino, State of California, and is described as follows: 1350 Hastings Rd., Ukiah, California.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383 Attachment 4

Agenda Item No: 8.b.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2484

AGENDA SUMMARY REPORT
SUBJECT: Authorize City Manager to Negotiate and Execute Memorandum of Agreement with Ukiah Adventist Hospital to Allow Participation in 340B Program, a Charitable Drug Discount Program.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Shannon Riley, Deputy City Manager
ATTACHMENTS:

1. AHUV-City of Ukiah MOA regarding 340 B Unit of Government Summary: The Council will consider a memorandum of understanding with the Ukiah Adventist Hospital to allow them to continue participating in the 340B Program, which provides discounted drugs to the indigent, uninsured, or underinsured population in Ukiah.

Background: Ukiah Adventist Hospital (UAH), a California nonprofit religious corporation that owns and operates the general acute care hospital located in Ukiah, provides a disproportionate share of healthcare services to the Medicare and Medi-Cal population, in addition to supporting many programs that benefit the indigent, uninsured or underinsured population in the City of Ukiah. During the fiscal year ending December 2022, UAH provided at least 1 million dollars in traditional charity care.

To help support these services, UAH desires to participate in the drug discount program established under Section 340B of the Public Health Services Act (the "340B Program"), which provides discounts on outpatient drugs to certain safety net health providers, including Title X agencies. The program's intent is to allow safety net providers to increase patient services with the savings realized from participation in the 340B program.

Providers typically save 25-50% on outpatient drug costs through participation in the program. These savings can be used to reduce the price of pharmaceuticals for patients, expand services offered to patients, or provide services to more patients.

In order to participate in the 340B Program, UAH must enter into an agreement with a unit of government pursuant to which UAH commits to provide health care services to low-income individuals without Medicare or Medi-Cal benefits at no reimbursement or considerably less than full reimbursement from these individuals.

UAH made such a formal commitment to the City of Ukiah in May 2017 by entering into a memorandum of understanding (MOA) with the City. As UAH wishes to continue participation in the 340B Program, it is now requesting the execution of the attached memorandum of agreement (MOA).

Discussion: On November 18, 2015, the City Council received a presentation from representatives of UAH regarding their street medicine program that helps address the homeless population's healthcare and the benefits to the community. UAH was already providing these benefits to the community and the City Council favored their efforts. As such, the City and UAH formalized this commitment and their participation in the 340B Program via an MOU dated January 1, 2016. UAH now asks that the City extend the formalized commitment for at least another year by executing an MOA that is substantially similar to the previous memorandum of understanding (MOU), save for the addition of a required dispute resolution process that is to the benefit of both the City and UAH.

Pursuant to its commitment to continue to provide indigent care, it is UAH's intention that indigent care provided during the term of this MOA will be consistent with its historical commitment, a minimum of one (1) million dollars per year. In any event, UAH will ensure that all patients presenting to its Emergency Department

shall continue to receive necessary care, as required by law, regardless of ability to pay.

The City's role in this MOA is to accept UAH's commitment, acknowledge that these health care services provided by UAH are in the public interest, and acknowledge that UAH is providing these services at no reimbursement or considerably less than full reimbursement from the patients. There is no financial or administrative responsibility for the City.

At this time, Staff recommends that the Council authorize the City Manager to negotiate and execute the MOA between the City of Ukiah and UAH, provided in draft form as Attachment #1.

Recommended Action: Authorize the City Manager to negotiate and execute the Memorandum of Agreement (MOA) between the City of Ukiah and Ukiah Adventist Hospital regarding participation in the 340B Program.

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

COORDINATED WITH: Sage Sangiacomo, City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A

340B Memorandum of Agreement 20230313 1
340B MEMORANDUM OF AGREEMENT
This 340B MEMORANDUM OF AGREEMENT (“Agreement”) is entered into effective as of the last date signed below (the “Effective Date”), by and between UKIAH ADVENTIST HOSPITAL, a California nonprofit religious corporation, d.b.a. Adventist Health Ukiah Valley (“Hospital”) and the City of Ukiah, a California public entity (“Public Entity”). Hospital and Public Entity are sometimes referred to in this Agreement as a “Party” or, collectively, as the “Parties.” Recitals
A. Hospital is a California nonprofit religious corporation that owns and operates a general acute care hospital in Ukiah, California and provides a disproportionate share of healthcare services to the Medicare and Medicaid population in addition to supporting many programs that benefit the indigent, uninsured or underinsured population in Ukiah.

B. Hospital desires to participate in the drug discount program established under Section 340B of the Public Health Services Act (the “340B Program”).

C. In order to participate in the 340B Program Hospital must enter into an agreement with a unit of government pursuant to which Hospital commits to provide health care services to low-income individuals without Medicare or Medicaid benefits at no reimbursement or considerably less than full reimbursement from these individuals.

D. Hospital desires to make such a formal commitment to Public Entity, and Public Entity agrees to accept such commitment on behalf of the residents of Ukiah.

E. Prior to entering into this Agreement, the Parties entered into that Memorandum of Understanding effective May 25, 2017 (the “Prior Agreement”). This Agreement terminates the Prior Agreement, except that this termination shall not affect any breaches that occurred under the Prior Agreement or any other provision that survives termination.

In consideration of the mutual agreements and covenants contained herein and for other good a valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed, by and between the Parties to this Agreement, as follows:

Agreement

1. Commitment of Hospital to Provide Indigent Care.

Hospital agrees to continue its historical commitment to the provision of health care to indigent, uninsured and underinsured patients by adhering to the Hospital community benefit plan. During the fiscal year ending December 2022, Hospital provided at least $1 Million in traditional charity care.

Pursuant to its commitment to continue to provide indigent care, it is Hospital's intention that indigent care provided during the term of this Agreement will be consistent with its historical commitment, a minimum of $1 Million per year. In any event, Hospital will ensure that all patients presenting to its emergency department shall continue to receive necessary care, as required by law, regardless of ability to pay.

2. Acceptance and Acknowledgements of Public Entity.
(a) Public Entity accepts the commitment of Hospital set forth above; (b) Public Entity hereby acknowledges that the health care services provided by Hospital hereunder are in the public interest and based on the representations of Hospital are being provided to individuals who are neither entitled to Medicare or Medicaid benefits; and Attachment 1

340B Memorandum of Agreement 20230313 2
(c) Based on the representations of Hospital, Public Entity acknowledges that Hospital is providing these services at no reimbursement or considerably less than full reimbursement from the patients.

3. Representations of Hospital. Hospital represents that as of the Effective Date:
(a) Hospital, constitutes a non-profit religious corporation duly organized and validly existing in good standing under the laws of the State of California with the corporate power and authority to enter into and perform its obligations under this Agreement; and (b) Hospital, is a tax-exempt corporation of under Section 501(c)(3) of the Internal Revenue Code of the United States, as amended and under applicable laws of the State of California.

4. Term and Termination.
(a) Term. This Agreement shall commence on the Effective Date and shall remain in force for a period of 1 year (the “Initial Term”). Upon the expiration of the Initial Term, this Agreement may renew for a successive 1-year periods (each a “Renewal Term”), subject to the termination provisions of this Agreement. The Initial Term, together with all subsequent Renewal Terms, are collectively referred to herein as the “Term.”
(b) Termination. This Agreement may be terminated as follows:
i. Either Party may terminate this Agreement without cause and without penalty upon 30 days’ advance written notice to other Party.
ii. This Agreement shall automatically terminate should the 340B Program be discontinued or the Hospital withdraws from the 340B program.

5. Notice. All notices required or permitted under this Agreement shall be in writing and shall be delivered either: (a) by overnight delivery using a nationally recognized overnight courier (e.g., Federal Express, UPS or other similar service), in which case notice shall be deemed delivered 1 business day after deposit with such courier or (b) by personal delivery, in which case notice shall be deemed delivered upon receipt. In each case, notice shall be delivered or sent to the address indicated below, or such other address as provided by a party, from time to time, pursuant to this section.:

If to Hospital addressed to: If to City addressed to:

Ukiah Adventist Hospital City of Ukiah
495 East Perkins Street 300 Seminary Avenue
Ukiah, CA 95482 Ukiah, CA 95482
Attn: Hospital Administration Attn: City Manager
707-463-7493 707-463-6200
Copy to:

Adventist Health System/West
One Adventist Health Way
Roseville, CA 95661
Attn: Director, Pharmacy

6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, except regarding its conflict of laws rules that cause another jurisdiction’s laws to govern instead. The Parties consent to the jurisdiction and venue of Mendocino County, California courts.

7. Dispute Resolution. In the event of any controversy or dispute related to or arising out of this Agreement, the Parties agree to meet and confer in good faith to attempt to resolve the controversy or dispute without an adversary proceeding. If the controversy or dispute is not resolved to the mutual

340B Memorandum of Agreement 20230313 3
satisfaction of the Parties within 5 business days of notice of the controversy or dispute, the Parties agree to waive their rights, if any, to a jury trial, and to submit the controversy or dispute to a retired judge or justice pursuant to Section 638 et seq. of the California Code of Civil Procedure, or any successor provision, for resolution in accordance with Chapter 6 (References and Trials by Referees), of Title 8 of Part 2 of the California Code of Civil Procedure, or any successor chapter. Notwithstanding the above in this Section, the Parties agree to submit the controversy or dispute with claim(s) totaling $5,000 or less to small claims court in accordance with Chapter 5.5 (Small Claims Court), of Title 1 of Part 1 of the California Code of Civil Procedure, or any successor chapter. The Parties agree that the only proper venue for the submission of claims is the County of Mendocino, California, and that if applicable, the hearing before the referee shall be concluded within 9 months of the filing and service of the complaint.

The Parties reserve the right to contest the referee’s decision and to appeal from any award or order of any court.

8. Entire Agreement. This Agreement is the entire understanding and agreement of the parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, understandings, or discussions between the Parties. No other understanding between the Parties shall be binding on them unless set forth in writing, signed and attached to this Agreement.

9. No Third-Party Beneficiaries. Nothing in this Agreement shall confer any rights upon any person or entity that is not a Party to this Agreement or a successor or an assignee of a Party to this Agreement.

10. Severability. If any provision of this Agreement is held to be unenforceable for any reason, it shall be adjusted rather than voided, if possible, to achieve the intent of the Parties to this Agreement to the greatest extent possible. All other provisions of this Agreement shall remain in full force and effect.

The Parties, through their duly authorized representatives, have executed this Agreement as of the last date signed below.

Hospital
UKIAH ADVENTIST HOSPITAL, a California
nonprofit religious corporation, d.b.a. Adventist
Health Ukiah Valley

Date By: Jeff Mock
Its: Interim Treasurer
Public Entity
City of Ukiah, a California public entity

Date By: Sage Sangiacomo
Its: City Manager

Agenda Item No: 8.c.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2500

AGENDA SUMMARY REPORT
SUBJECT: Approval Notice of Completion for Granite Construction Company for the State Street and Dora Street Rehabilitation Project, and Direct the City Clerk to File the Notice of Completion with the County Recorder.

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

1. PLANS - 21-04 STATE AND DORA REHABILITATION

2. NOC Attachment
Summary: Council will consider approving the Notice of Completion for the State Street and Dora Street Rehabilitation Project, Specification 21-04, and approve final payment of the 5% retention to Granite Construction.

Background: The Public Works Department has completed the State Street Rehabilitation Project that included an overlay, ADA ramps, and street striping between Beacon Lane and Cherry Street on State Street, and between Washington Avenue and Beacon Lane on Dora Street.

Discussion: At the July 20, 2022, City Council Meeting, Council awarded the State Street and Dora Street Rehabilitation Project to Granite Construction Company in the amount of $1,511,529.90. The contract price was based on the engineer's estimate provided in the bid package.

The project cost increased due to additional construction services that were not included in the original contract but were found necessary during the course of the project work. This included the adjustment of concrete drain inlets, field engineering for curb ramps, additional grind of pavement on Beacon Lane, as well as additional striping for pedestrian visibility and safety. The total project cost is $1,693,907.38 The Plans are included as Attachment 1, and the Notice of Completion (NOC) is included as Attachment 2.

Recommended Action: Approve Notice of Completion for the State Street and Dora Street Rehabilitation Project. Specification 21-04, and Direct the City Clerk to file the Notice of Completion with the County Recorder.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: 25224220.80230.18369: $1,678,030.00 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: 2022 Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2223-078
COORDINATED WITH: Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 2b - Encourage active transportation as a viable alternative to automobiles

ATTACHMENT 1

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
TEDFORD AVE. S. DORA ST.

HYD
HYD
BEACON DR.

WABASH AVE.

DOOLAN DR.

WASHINGTON AVE.

SCO S. DORA ST.

SCO
BEACON DR.

WABASH AVE.

DOOLAN DR.

WASHINGTON AVE. S. DORA ST. S. DORA ST. S. DORA ST. R15.0' R15.0' STREET THOMAS

STREET CHERRY
LANE
LEWIS
ROAD

TALMAGE

AVENUE WASHINGTON

AVENUE HASTINGS

LANE BEACON

AVENUE WABASH
AVENUE

FREITAS

BEACON LANE

AVENUE WABASH
LANE
LEWIS
ROAD

TALMAGE

THOMAS STREET

CHERRY STREET

AVENUE OBSERVATORY
AVENUE
LUCE

WASHINGTON AVENUE AVENUE HASTINGS

AVENUE OBSERVATORY
AVENUE
LUCE

FREITAS AVENUE
COVER PAGE AND DETAILS G-002 CURB RAMP NOTES: 1. THE TRANSITION FROM RAMPS TO GUTTERS OR STREETS SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 2. SLOPE OF SIDE FLARE SHALL BE (9%) MAXIMUM. 3. RAMP AND SIDE FLARE AREA SHALL BE CONSTRUCTED WITH A HEAVY BROOM FINISH TRANSVERSE TO THE SLOPE OF THE RAMP. 4. DETECTABLE WARNING SURFACE SHALL CONSIST OF TRUNCATED DOMES ALIGNED IN A SQUARE GRID PATTERN PER CALTRANS STD. A88A. 5. WEAKENED PLANE JOINTS: 1 8" WIDE X 1-1/2" DEEP. 6. REFER TO CITY STANDARD DRAWING 102 FOR APPLICABLE SIDEWALK, CURB AND GUTTER DETAILS. 7. GUTTER AND ROAD SURFACE ADJACENT TO CURB RAMP SHALL NOT EXCEED 5% RUNNING SLOPE OR 2% CROSS SLOPE UNLESS AS SPECIFIED IN PLANS IN CONFORMING TO EXISTING CONDITIONS. 8. 4' X 4' LANDING AREA NOT TO EXCEED 2% SLOPE IN ANY DIRECTION. 9. ALL RAMPS SHALL BE INSTALLED PER CALTRANS STD. PLAN A88A, CITY OF UKIAH STD. DWG.111, AND AS SHOWN ON PLANS. 10. WHERE PUBLIC UTILITY LINES OR EQUIPMENT MUST BE REMOVED OR RELOCATED, OBTAIN THE NECESSARY APPROVALS FROM THE APPROPRIATE DEPARTMENT PRIOR TO STARTING WORK. 11. EXPANSION JOINTS SHALL BE INSTALLED IN ACCORDANCE WITH CITY OF UKIAH STD. DWG. 101, OR AS DIRECTED BY THE CITY ENGINEER. 12. WHENEVER FEASIBLE, CONCRETE TO BE REMOVED AND REPLACED TO CONFORM 4 FT. FROM RAMP OR EXISTING SCORE LINES. DETERMINATION MADE BY CITY ENGINEER. GENERAL CONSTRUCTION NOTES: 1. THE CONTRACTOR SHALL READ AND MAKE CAREFUL EXAMINATION OF THE PLANS, SPECIFICATIONS, QUANTITIES AND MATERIAL ESTIMATES AND VISIT THE SITE OF THE PROPOSED CONSTRUCTION TO BECOME FAMILIAR WITH THE SITE CONDITIONS AND LIMITATIONS BEFORE MAKING A BID. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY AND ALL ERRORS RESULTING FROM THE FAILURE TO MAKE SUCH AN EXAMINATION. ANY INFORMATION DERIVED FROM THE MAPS, PLANS, SPECIFICATIONS, PROFILES, DRAWINGS OR FROM THE ENGINEER WILL NOT RELIEVE THE CONTRACTOR FROM ANY RISK OR FROM FULFILLING THE TERMS OF THE CONTRACT. 2. ALL CONSTRUCTION SHALL CONFORM TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION 2015 STANDARD SPECIFICATIONS, CITY OF UKIAH STANDARD DRAWINGS, THE PROJECT PLANS, AND THE PROJECT SPECIAL PROVISIONS UNLESS OTHERWISE NOTED. 3. CONTRACTOR SHALL NOTIFY UNDERGROUND SERVICE ALERT (U.S.A.) TWO (2) WORKING DAYS PRIOR TO ANY EXCAVATION. DIAL (TOLL FREE) 1-800-642-2444 OR 811. 4. CONSTRUCTION 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. 5. 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 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 CITY ENGINEER. 6. MATERIALS SHALL BE SO STORED TO ENSURE THE PRESERVATION OF THEIR QUALITY AND FITNESS FOR THE WORK. ALL MATERIALS SHALL BE FURNISHED AND INSTALLED BY THE CONTRACTOR (UNLESS OTHERWISE NOTED). THEY SHALL BE SO LOCATED AND DISPOSED THAT PROMPT AND PROPER INSPECTION THEREOF MAY BE MADE. 7. THE CITY SHALL HAVE THE RIGHT TO TAKE POSSESSION OF AND USE ANY COMPLETED OR PARTIALLY COMPLETED PORTIONS OF THE WORK, NOT WITHSTANDING THE TIME FOR COMPLETING THE ENTIRE WORK OR SUCH PORTIONS WHICH MAY NOT HAVE EXPIRED; BUT SUCH TAKING OF POSSESSION AND USE SHALL NOT BE DEEMED AN ACCEPTANCE OF ANY WORK NOT COMPLETED IN ACCORDANCE WITH THE PROJECT PLANS AND SPECIFICATIONS. IF SUCH PRIOR USE INCREASES THE COST OF OR DELAYS THE WORK, THE CONTRACTOR SHALL BE ENTITLED TO SUCH COMPENSATION, OR EXTENSION OF TIME OR BOTH, AS THE ENGINEER MAY DETERMINE. 8. PROJECT REQUIRES A CLASS A GENERAL ENGINEERING CONTRACTOR'S LICENSE IN THE STATE OF CALIFORNIA. 9. QUANTITIES OF ITEMS, LENGTH OF PROJECT, AND SITE CONDITIONS SHOWN IN THE PLANS ARE APPROXIMATE. 10. CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOB SITE DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD THE CITY AND THEIR REPRESENTATIVES HARMLESS FROM ANY AND ALL LIABILITY, REAL AND/OR ALLEGED, IN CONJUNCTION WITH THE PERFORMANCE OF THIS PROJECT. 11. CONTRACTOR SHALL VERIFY LOCATIONS, ELEVATIONS, DISTANCES, AND FEATURES THAT MAY AFFECT THE WORK. SHOULD EXISTING CONDITIONS DIFFER FROM THOSE SHOWN OR INDICATED, OR IF IT APPEARS THAT THESE PLANS, STANDARD SPECIFICATIONS, AND SPECIAL PROVISIONS DO NOT ADEQUATELY DETAIL THE WORK TO BE DONE, CONTRACTOR SHALL NOTIFY THE ENGINEER PRIOR TO CONTINUING WITH ANY RELATED WORK. NO ALLOWANCE WILL BE MADE ON HIS BEHALF FOR ANY EXTRA EXPENSE RESULTING FROM FAILURE OR NEGLECT IN DETERMINING THE CONDITIONS UNDER WHICH WORK IS TO BE PERFORMED. NOTED DIMENSIONS TAKE PRECEDENCE OVER SCALE. 12. A SET OF APPROVED CONSTRUCTION DRAWINGS AND SPECIAL PROVISIONS SHALL BE KEPT AT ALL TIMES AT THE JOB SITE ON WHICH ALL CHANGES OR VARIATIONS IN THE WORK, INCLUDING ALL EXISTING UTILITIES, ARE TO BE RECORDED AND/OR CORRECTED DAILY BY THE CONTRACTOR AND SUBMITTED TO THE ENGINEER WHEN THE WORK TO BE DONE IS COMPLETED. 13. CONTRACTOR SHALL PROVIDE AND MAINTAIN SUFFICIENT TEMPORARY BARRIERS TO PROVIDE FOR THE SAFETY OF THE PUBLIC TO THE SATISFACTION OF THE ENGINEER. 14. CONTRACTOR SHALL NOTIFY THE ENGINEER AT LEAST 72 HOURS IN ADVANCE OF COMMENCEMENT OF ANY PART OF THE WORK AND SHALL COORDINATE CONSTRUCTION SCHEDULE WITH CITY OF UKIAH REPRESENTATIVE TO MINIMIZE IMPACT TO RESIDENTS AND ADJACENT LANDOWNERS. 15. UNSUITABLE EXCAVATED MATERIAL SHALL BE REMOVED FROM SITE AND DISPOSED OF IN A MANNER CONSISTENT WITH APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS. THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY AND EXPENSE FOR PROPER DISPOSAL OF UNSUITABLE MATERIALS TAKEN FROM SITE AND PROVIDE WRITTEN DOCUMENTATION OF PERMISSION AND ENVIRONMENTAL DOCUMENTATION FOR USE OF ANY DISPOSAL SITE AS REQUESTED BY THE ENGINEER. 16. THE DESIGN FEATURES INCLUDING HORIZONTAL AND VERTICAL ALIGNMENTS, TYPICAL SECTIONS, APPROACHES, AND OTHER DESIGN DETAILS SHOWN ON THESE DESIGN PLANS SHALL NOT BE ALTERED OR MODIFIED IN ANY WAY DURING CONSTRUCTION WITHOUT THE EXPRESSED, WRITTEN DIRECTION AND APPROVAL OF THE ENGINEER AND/OR CONTRACTING OFFICER. 17. NO WORK SHALL BE PERFORMED OUTSIDE OF THE DESIGNATED CONSTRUCTION LIMITS WITHOUT THE APPROVAL OF THE CITY. 18. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING APPROVED STAGING AREAS WITH THE CITY OF UKIAH CITY ENGINEER. 19. CONTRACTOR SHALL PROVIDE RECORD DRAWINGS AT THE COMPLETION OF CONSTRUCTION PER CITY REQUIREMENTS. 20. THE CONTRACTOR IS RESPONSIBLE FOR REPAIRING ALL DAMAGED AREAS DURING CONSTRUCTION, INCLUDING, BUT NOT LIMITED TO ASPHALT, CONCRETE, CURB, GUTTER, SIDEWALK, LANDSCAPING, AND RESTORING TO ORIGINAL OR BETTER CONDITION. D-100 P-100 DRAWING INDEX - S. DORA STREET D-100 P-100 D-101 P-101 D-101 P-101 D-102 P-102 D-102 P-102 D-103 P-103 D-104 P-104 D-104 P-104 D-105 P-105 D-105 P-105 DRAWING INDEX - S. STATE STREET

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
BEACON LANE C400 R15.0' R15.0' C400

AVENUE WABASH
DEMOLITION AND IMPROVEMENT PLAN D-100 C4XX CONSTRUCTION DETAILS FOR CURB RAMP 2" EDGE GRIND LOCATION 12' WIDE 2" HMA OVERLAY LOCATION

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

WASHINGTON AVENUE

AVENUE HASTINGS
DEMOLITION AND IMPROVEMENT PLAN D-101 C4XX CONSTRUCTION DETAILS FOR CURB RAMP 2" EDGE GRIND LOCATION 12' WIDE 2" HMA OVERLAY LOCATION

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

THOMAS STREET
AVENUE

OBSERVATORY
AVENUE
LUCE C401
LANE
LEWIS
ROAD
TALMAGE C400 C400 C401 C401 C401
DEMOLITION AND IMPROVEMENT PLAN D-102 C4XX CONSTRUCTION DETAILS FOR CURB RAMP 2" EDGE GRIND LOCATION 12' WIDE 2" HMA OVERLAY LOCATION

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
CHERRY STREET C402 C402
DEMOLITION AND IMPROVEMENT PLAN D-103 C4XX CONSTRUCTION DETAILS FOR CURB RAMP 2" EDGE GRIND LOCATION 12' WIDE 2" HMA OVERLAY LOCATION

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
S. DORA ST. 0+00 1+00 2+00 3+00 4+00 5+00
BEACON DR.

HYD
C403
C403
6+00 7+00 8+00 9+00 10+00
SCO 11+00
C404
C404
D-104

DEMOLITION AND IMPROVEMENT PLAN
C4XX CONSTRUCTION DETAILS FOR

CURB RAMP
FULL WIDTH GRIND AND 2"HMA OVERLAY LOCATION

RECONSTRUCTION
6" ASPHALT OVER 12" CLASS II BASE

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
HYD
12+00 13+00 14+00 15+00 16+00 17+00
WABASH AVE.

DOOLAN DR.

SCO
S. DORA ST.

C404
C404
C405
HYD
18+00 19+00
WASHINGTON AVE. 19+38
S. DORA ST.

C405
C405
D-105

DEMOLITION AND IMPROVEMENT PLAN
C4XX CONSTRUCTION DETAILS FOR CURB RAMP
FULL WIDTH GRIND AND 2"

HMA OVERLAY LOCATION

RECONSTRUCTION
6" ASPHALT OVER 12" CLASS II BASE

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION
PROJECT TR=629.65 CONFORM TO (E) TC=629.32 FL=628.82 BW=629.72 FL=629.15 TR=629.70 TC=630.02 FL=629.52 TC=629.50 FL=629.00 FL=629.20 BW=629.75 TC=629.85 FL=629.35 BW=630.10 REMOVE (E) PHONE 7.0' 5.0' 6.0' 5.4' 27.8' 4.4' 5.7' BEACON LANE FL=627.13 BW=627.65 FL=627.08 DRAIN INLET FL=628.65 TR=627.58 TR=627.63 BW=627.68 CONFORM TO (E) CONFORM TO (E) 5.0' 5.0' 7.0' 10.0' 10.0' 4.5' 6.1' 22.6' R15.0' STATE ST.

AVENUE WABASH BW=627.92 CONFORM TO (E) TR=627.69 FL=627.24FL=627.19 TC=628.07 FL=627.57 DRAIN INLET FL=626.90 BW=627.79 CONFORM TO (E) BW=627.76 TC=627.59 FL=627.09 BW=627.72 TR=627.74 7.0' 24.5' 18.4' 6.3' R15.0' 5.0' 4.5' 7.7' 5.0' AVENUE WABASH STATE ST. BW=620.42 TC=620.53 FL=620.14 FL=620.02 FL=620.08 TR=620.38 MATCH (E) BW=619.40 TR=620.32 TR=620.76 TC=620.30 FL=619.80 TC=619.40 FL=619.07 FL=620.57 MATCH BW TO (E) CONFORM TO (E) TC=619.56 FL=619.06 BW=620.72 TR=620.70 FL=620.51 BW=620.77 REPLACE /CONFORM LANDSCAPE WALL 6"X24"X6' CONFORM TO (E) TC=621.10 FL=620.60 CONFORM TO (E) BW=621.22± CONFORM TO (E) CONFORM TO (E) BW=620.66± 12.8' 5.5' 5.0' 12.3' 5.0' 8.0' 7.5' 3.8' 19.9' 10.0' 7.0' 8.0' LANE
LEWIS BW=619.93 BW=619.90 TR=619.83 TR=619.90 FL=619.37 FL=619.30 CONFORM TO (E) TC=619.77± FL=619.17 CONFORM TO (E) TC=620.00± FL=619.40 FG=620.17 FG=620.08 CONFORM NEW HMA TO EXISTING BW=620.24 BW=620.15 7.0' 5.0' 5.0' 6.0' 6.0' STATE ST.

CURB RAMP DETAILS C-400 S. STATE STREET AND BEACON LANE (NORTHWEST RAMP) SCALE 1"=5' S. STATE STREET AND WABASH AVE. (SOUTHWEST RAMP) SCALE 1"=5' S. STATE STREET AND WABASH AVE. (NORTHWEST RAMP) SCALE 1"=5' S. STATE STREET AND LEWIS LANE (EAST RAMPS) SCALE 1"=5' S. STATE STREET AND TALMAGE AVE. (SOUTHWEST RAMP) SCALE 1"=5' N
N
N
N

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION
PROJECT FL=618.43 TR=618.76 FL=618.50 TR=618.69 TC=618.36 FL=617.92 TC=618.30 FL=617.80 TC=619.29 BW=618.79 TC=619.26 BW=618.76 CONFORM TO (E) TC=618.79 FL=618.37 TC=618.69 FL=618.27 13.7' TC=619.20 BW=618.70 CONFORM TO (E) 5.0' HYDRANT TO BE RELOCATED BY CITY FL=618.07 FL=618.00 TR=618.26 TR=618.33 TC=618.83 BW=618.33 TC=618.86 BW=618.36 TC=618.43 FL=618.13 TC/BW=618.44 0.5' 5.0' TC/BW=619.40 2.6' 7.8' 4.0' 7.5' 8.5' 9.0' 7.4' ROAD
TALMAGE STATE ST. TC=617.70 BW=617.20 TC=617.05 FL=616.55 FL=616.76 6.2' TR=617.43 TC=618.14 BW=617.64 FL=616.69 TC=617.38 FL=616.88 TC/BW=617.62 TR=617.13 FL=617.11 TC=617.69 BW=617.19 TR=617.41 5.0' 5.0' TR=617.06 TC=617.48 FL=617.12 TC=617.63 BW=617.13 TC=618.00 BW=617.50 TC=617.98 BW=617.48 5.0' 6.4' FL=617.09 TC=617.43 FL=617.07 CONFORM TO (E) 6.0' TC=617.55 FL=617.05 7.1' 0.5' TC=617.47 FL=616.97 5.1' 5.0' 4.5' 6.0' 36.4' 41.0' TALMAGE CONFORM TO (E) FL=617.51 FL=617.46 TR=617.96 TR=617.91 BW=618.03 BW=617.97 CONFORM TO (E) REMOVE CONCRETE AGG TO ENLARGE PLANTER CONFORM TO (E) FG=618.06 TC=617.88 FL=617.38 TC=618.08 FL=617.58 CONFORM TO (E) 6.0' 4.0' 8.9' 5.0' 8.0' 8.1' 3.0' 7.5' STATE ST. FL=613.62 FL=613.60 TR=614.05 TR=614.07 FG=614.10 FG=614.11 TC=614.18 FL=613.68 TC=614.22 FL=613.72 TC=614.27 FL=613.77 BW=614.33 CONFORM TO (E) TC=614.00 FL=613.50 CONFORM TO (E) TC=614.00 FL=613.40 6.0' 5.0' 4.0' 3.0' 4.0' 15.1' 28.3'2.0' TDW=614.16 TDW=614.28

THOMAS STREET
CURB RAMP DETAILS C-401 S. STATE STREET AND TALMAGE AVE. (SOUTHEAST RAMP) SCALE 1"=5' S. STATE STREET AND TALMAGE AVE. (NORTHEAST RAMP) SCALE 1"=5' S. STATE STREET AND TALMAGE AVE. (NORTHWEST RAMP) SCALE 1"=5' S. STATE STREET AND TALMAGE AVE. (SOUTHEAST RAMP) SCALE 1"=5' N
N
N

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION
PROJECT FL=612.25 FL=612.19 TR=612.69 TR=612.75 FG=612.82 TC=612.51 FL=612.01 TC=612.49 FL=611.99 FL=612.18 FL=612.22 TR=612.86TR=612.90 CONFORM TO (E) TC=612.43± FL=611.93 TC=612.52 FL=612.02 CONFORM TO (E) FG=613.20 TC=613.80 FL=613.30 CONFORM TO (E) FG=613.00 FG=613.05PATCH HMA TO MATCH NEW SIDEWALK GRADE TC=612.76 FL=612.26 CONFORM TO (E) 9.0' 5.0' 17.0' 5.0' 7.2' 9.0' 4.5' 25.9' 0.7' 8.0' 22.7' 8.0' 7.0' 5.0'

CHERRY STREET
CURB RAMP DETAILS C-402 S. STATE STREET AND CHERRY STREET (EAST RAMPS) SCALE 1"=5'

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
HYD FL=98.48 FL=98.45 GRIND AND PAVE EXTENT TO CREATE EAST FLOW FG=98.27± TC=99.03 FG=98.53 TC=99.02 FL=98.52 TC/BW=99.07CONFORM TO (E) HYDRANT TO BE RELOCATED BY CITY CREW REMOVE AND RELOCATE STOP SIGN

5.5'

0.5' 8.0'

5.7'

7.5'

1.4'

0.6'
R5.0' TC=99.58 FL=99.25 TC=99.87 FL=99.60 FL=99.52 FL=99.45 INSTALL CALTRANS PRECAST DRAINAGE INLET TYPE GO PLAN D73E TC=99.45 RIM FL=98.95 INV IN: 97.12 INV OUT: 97.04 TR=99.72 TR=99.79 BW=99.79 BW=99.81 BW=100.00 INSTALL CALTRANS PRECAST DRAINAGE INLET TYPE GO PLAN D73E TC-100.00 RIM FL=99.50 INV OUT: 97.83 INSTALL CALTRANS PRECAST DRAINAGE INLET TYPE GO PLAN D73E RIM FL=98.96 INV IN: 97.04 INV OUT: 96.96 INSTALL 120 LF 12" RCP STORM DRAIN INSTALL 22 LF 8" RCP STORM DRAIN TC=100.35 FL=99.85 BW=100.35 BW=99.52 TRANSITION FROM 6" CURB TO EXISTING ROLLED CURB CONFORM TO (E)

7.0'

8.0'

4.0'

4.0'

7.0' 4.0'

4.0'

5.0'

16.5'

5.0'

6.0'
R10.0' TRENCH PAVING 3' WIDE PER STD. DETAIL 220 REMOVE SHRUB AS CLEAR/GRUB BEACON LANE DORA ST.

CURB RAMP DETAILS C-403 S. DORA STREET AND BEACON LANE (CURB RAMPS AND STORM DRAIN) SCALE 1"=5'

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
HYD FL=99.33 FL=99.37 FL=99.55 FL=99.50 BW=99.52 BW=99.85 INLET TC=99.79 FL=99.29 OUTLET TC=99.40 FL=98.90 TRANSITION TO (E) ROLLED CURB TC=99.33 FL=98.83 TR=99.53 TR=99.57 TR=99.67 TR=99.70 TC=99.96 FL=99.46 TC=99.94 FL=99.44 5.0' 5.0' 5.0' 5.0' 15.0' 2.6' 2.6' 2.6' 2.6' 4.0' 7.3' 7.3' 4.0' 6.0' 7.0' 3.5' 4.6' 15.9' 2.6' 28 LF, 12"X3" 1/4" GALVANIZED STEEL TUBE BOX DRAIN 16.4' 2.6' INLET TC=98.26 FL=97.76 FL=98.35 FL=98.28 CONFORM TO (E) BW=98.88 BW=98.16 BW=98.05 TR=98.70 CONFORM TO (E) DRIVEWAY BW=97.90± TR=98.64 TC=97.90 FL=97.40 OUTLET TC=97.92 FL=97.42 28 LF, 12"X3" 1/4" GALVANIZED STEEL TUBE BOX DRAIN FL=98.10 FL=98.12 TC=99.02 FL=98.52 TR=98.15 TR=98.17 2.6' TC=98.55 FL=98.05 13.4' TC=98.76 FL=98.26 TR=98.38 TR=98.45 TC=98.70 FL=98.20 TC=98.30 FL=97.80 9.5' 15.5' 7.2' 4.5' 7.3' 5.0' 5.0' 5.0'5.0' 4.0' 4.5' 7.3' TC=100.12 FL=99.62 2.6' CONFORM TO (E) TC=99.57 FL=99.07 2.6' BW=99.82 CONFORM TO (E) TC=98.92 FL=98.42 TC=100.03± FL=99.53 4.5' 5.0' FL=98.40 FL=98.38 CONFORM TO (E) TC=98.45± FL=97.95 TC=98.60 FL=98.10 5.0' BW=98.74 3.3' 4.0' 1.0' 5.7' 5.0' 5.0' 7.3' 2.6' 5.0' 4.5' REINSTALL SIGN POST PER CITY STD. 7.3' 3.9' FL=99.51 FL=99.48 TR=99.78 TR=99.75 TC=99.71 FL=99.38 TC=99.89 FL=99.56 TC=99.75 FL=99.25 4.0' 4.5' 13.1' 3.0' 2.6' REINSTALL SIGN POST PER CITY STD. RAISE WATER VALVE TO FINISH GRADE R5.0' R5.0' R8.0' R5.0' R10.0' WABASH AVE. DORA ST.

CURB RAMP DETAILS C-404 S. DORA STREET AND WABASH AVENUE SCALE 1"=5'

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION
PROJECT PROTECT (E) LANDSCAPE WALL DRAIN INLET TC=100.67 FL=100.17 CONFORM TO (E) CONFORM TO (E) TC=100.94± FL=100.44 BW=100.74 FL=100.32 FL=100.37 TC=100.90 FL=100.40 BW=100.97 BW=100.42 BW=100.37 1.2' 4.0' 4.5' FL=100.39 FL=100.43 TC=100.98 BW=100.48 TC=100.95 FL=100.45 TC=101.00 FL=100.50 TC/BW=101.06 CONFORM TO (E) GRADE TC=100.81 FL=100.31 CONFORM TO (E) GRADE

22.5' BW=100.86 4.3' 0.5' INSTALL LANDSCAPE WALL 4.0' 4.0' 7.1' 5.8' 8.4' 4.7' DOOLAN DR. DORA STREET
HYD FL=100.91 FL=100.85 TC=101.16 FL=100.75 TC=101.27 FL=101.01 TR=101.17 TR=101.11 BW=101.21 BW=101.17 BW=101.36 CONFORM TO (E) TC=101.80± FL=101.30 TC=101.63 FL=101.13 TC=101.16 FL=100.66 CONFORM TO (E) BW=101.22 BW=101.63 R12.0' 7.4' 6.8'

17.9' 5.7' 4.1' 4.5' 4.5' 4.0' 5.0' 4.0' R/R SIGN POST
WASHINGTON AVE. DORA STREET
CURB RAMP DETAILS C-405 S. DORA ST. AND WASHINGTON AVE. (SOUTHWEST CORNER) SCALE 1"=5' S. DORA ST. AND DOOLAN DR. (WEST SIDE CORNERS) SCALE 1"=5' N

N CURB RAMP LOCATION CONCRETE FLATWORK CONFORM

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION
PROJECT REMOVE AC EXISTING CURB & GUTTER 2"
PROJECT DETAILS C-500 2" EDGE AND FULL GRIND OF ASPHALT NOT TO SCALE

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

BEACON LANE
(32) - 908 LF
(32) - 908 LF
(39) - 1,816 LF
(27B) - 1,816 LF
(27B) - 1,039 LF
(39) - 938 LF
(27B) - 373 LF
(8) - 622 LF
R15.0'
R15.0'
AVENUE
WABASH
ST1
(38) - 80 LF
(21) - 133 LF
STRIPING PLAN P-100
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
(XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
STOP LEGEND PER CSP A24D
TYPE I, IV 10'-0" ARROW PER CSP A24A
SEE 2' BUFFER DETAIL - C500

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

CONFORM TO (E) STRIPING

WASHINGTON AVENUE

AVENUE HASTINGS
(39A) - 50 LF
(39A) - 50 LF
(21) - 597 LF
(27B) - 511 LF
(39) - 511 LF
(8) - 472 LF
(8) - 594 LF
(39) - 626 LF
(27B) - 626 LF
(32) - 939 LF
(32) - 939 LF
(8) - 686 LF
(39A) - 50 LF (39) - 640 LF
(27B) - 640 LF
STRIPING PLAN P-101
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
(XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
STOP LEGEND PER CSP A24D
TYPE I, IV 10'-0" ARROW PER CSP A24A
SEE 2' BUFFER DETAIL - C500

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

THOMAS STREET
ST1
ST2
AVENUE

OBSERVATORY
AVENUE
LUCE
ST4
ST4
(39A) - 50 LF
(39A) - 50 LF
(39A) - 30 LF
(21) - 204 LF (21) - 196 LF
(39) - 204 LF (39) - 130 LF
(39A) - 70 LF
(39) - 166 LF
(27B) - 166 LF
(8) - 196 LF
(8) - 196 LF
(27B) - 147 LF
(8) - 204 LF
(8) - 256 LF
(27B) - 206 LF
(39) - 206 LF (39) - 70 LF
(39) - 147 LF
(39) - 130 LF
(27B) - 204 LF
(8) - 60 LF
LANE
LEWIS
ROAD

TALMAGE
ST1
ST1
ST1
ST1 (39A) - 50 LF
(21) - 450 LF
(39A) - 44 LF
(39) - 81 LF (39) - 460 LF
(27B) - 460 LF
(8) - 510 LF
(8) - 450 LF
(27B) - 450 LF
(39) - 450 LF
(27B) - 125 LF
(39) - 125 LF
(27B) - 81 LF
STRIPING PLAN P-102
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
(XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
STOP LEGEND PER CSP A24D
TYPE I, IV 10'-0" ARROW PER CSP A24A
SEE 2' BUFFER DETAIL - C500

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT

CHERRY STREET
ST2
(39A) - 50 LF ST1
(39) - 166 LF
(27B) - 166 LF
(39) - 70 LF
STRIPING PLAN P-103
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
(XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
STOP LEGEND PER CSP A24D
TYPE I, IV 10'-0" ARROW PER CSP A24A
SEE 2' BUFFER DETAIL - C500

BIKE
LANE
6+00 7+00 8+00 9+00 10+00
SCO 11+00
(39A) - 50 LF
ST2
(21) - 50 LF

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
S. DORA ST.

BIKE
LANE
0+00 1+00 2+00 3+00 4+00 5+00
BEACON DR.
(39) - 978 LF
(27B) - 978 LF
(1) - 950 LF
(39A) - 50 LF (39) - 995 LF
(27B) - 995 LF
(21) - 50 LF
STRIPING PLAN P-104
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. (XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
SEE 2' BUFFER DETAIL - C500

CITY OF UKIAH
Project
Plan 300 Seminary Avenue
Ukiah, CA 95482
OCTOBER 2021
S:\PUBLIC WORKS\PROJECTS\PUBLIC WORKS\2021\SPEC 21-04 STATE AND DORA REHABILITATION\WORKING FILES\STATE AND DORA REHABILITATION.DWG
STATE ST. AND DORA ST. REHABILITATION

PROJECT
HYD
BIKE
LANE
BIKE
LANE
12+00 13+00 14+00 15+00 16+00 17+00
WABASH AVE.

DOOLAN DR.
(1) - 505 LF SCO
(39) - 625 LF
(27B) - 625 LF
(27B) - 510 LF
(39) - 510 LF (39A) - 50 LF
ST1
ST1
ST1
(21) - 50 LF
S. DORA ST.

HYD
LANE
BIKE
18+00 19+00
WASHINGTON AVE. 19+38
(39A) - 50 LF
(27B) - 60 LF
(39) - 60 LF
(21) - 110 LF
(39A) - 50 LF
ST1
ST1
S. DORA ST.

STRIPING PLAN P-105
APPLY 12" WHITE THERMOPLASTIC CROSSWALK AND LIMIT LINE
PER CALTRANS STANDARD PLAN A24E (TYP).

APPLY 24" WHITE THERMOPLASTIC CONTINENTAL CROSSWALK
PER CALTRANS STANDARD PLAN A24F (TYP).

WHITE THERMOPLASTIC BIKE LANE SYMBOLWITH PERSON PER A24C OF CALTRANS STD. PLANS.

WHITE THERMOPLASTIC BIKE LANE ARROW
LANE PER A24A OF CALTRANS STD. PLANS.

BIKE PROVIDE WHITE THERMOPLASTIC "STOP" MARKING
USING CITY SUPPLIED OR EQUAL STENCIL AS APPROVED.

PAVEMENT MARKINGS TRAFFIC STRIPING CROSSWALK PLACEMENT
ALL CROSSWALKS WILL BE 10 FT. IN WIDTH AND EXTEND
TO LIP OF GUTTER OR AS DIRECTED BY THE CITY. (XX) - ___LF STRIPING PER CALTRANS DETAIL INDICATED ON PLAN. PER A20A TO A20D OF CSP.

INSTALL "SHARKS TEETH" YIELD LINES PER CSP A24E (TYP)
SEE 2' BUFFER DETAIL - C500

ATTACHMENT 2
Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as: 2021 State Street and Dora Street Rehabilitation Project, Specification No. 21-04.

2. That the nature of the title to the transportation and pedestrian improvements on South Dora Street between Washington Avenue and Beacon Lane and State Street between Beacon Lane and Cherry Street.

3. That on March 1, 2023, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is Granite Construction Company, 1324 South State Street, Ukiah, CA 95482.

5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as South Dora Street and South State Street.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _____________ By: ______________________________ ______________ Date Kristine Lawler, City Clerk Date

State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383

Agenda Item No: 8.d.

MEETING DATE/TIME: 4/5/2023
ITEM NO: 2023-2504

AGENDA SUMMARY REPORT
SUBJECT: Adoption of Resolution of the City Council Authorizing the City Manager to Execute Current and Future Participation Documents for the National Opioid Settlements.

DEPARTMENT: City Attorney PREPARED BY: Darcy Vaughn, Assistant City Attorney PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. New National Opioid Settlement Participation Authorization Summary: The City Council will consider adopting a resolution authorizing the City Manager to negotiate and execute all current and future participation documents for settlements related to the National Prescription Opiate Multidistrict Litigation.

Background: In 2021, nationwide settlements were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors—McKesson, Cardinal Health, and AmerisourceBergen (“Distributors”)—and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). These “2021 National Settlements” have been finalized, and payments have already begun. Then, in late 2022, agreements were announced with three pharmacy chains—CVS, Walgreens, and Walmart—and two additional manufacturers—Allergan and Teva (collectively, "New Settling Defendants"). In January 2023, each of those pharmacy chains and manufacturers confirmed that a sufficient number of states had agreed to the settlements ("New National Opioid Settlements") to move forward. As with the 2021 National Settlements, states and local governments that want to participate in the New National Opioid Settlements will have the opportunity to “opt in.” The New National Opioid Settlements resolve claims against the New Settling Defendants for their roles in the opioid epidemic. California and its cities and counties stand to receive up to $1.8 billion in Settlement Funds over the next 15 years, starting in Summer 2023, for substance use prevention, harm reduction, treatment, and recovery. This is in addition to the up to $2.2 billion California is expected to receive from the 2021 National Settlements.

The State of California has proposed five California State Subdivision Agreements to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to the proposed Settlements.

Pursuant to the state Subdivision Agreements, the City’s allocation could be up to $399,000 over 15 years.

This amount must be used for future opioid remediation uses, which include the provision of matching funds or operating costs for substance abuse disorder facilities; creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; diversion of people with SUD from the justice system into treatment; and interventions to prevent drug addiction in vulnerable youth.

These proposed California State Subdivision Agreements will be formally adopted through the sign-on process for the New National Opioid Settlements. Acceptance of the applicable state subdivision agreement on allocation is a condition of a city or county joining any of these Settlements.

As such, Staff recommends that the Council adopt the Resolution authorizing the City Manager to negotiate

and execute all participation documents related to the New National Opioid Settlements, as well as any future settlements related to the National Prescription Opiate multi-district litigation (“Resolution”) attached here as Attachment 1.

Discussion: The City wishes to participate in the proposed New National Opioid Settlements and directly receive Settlement Funds in order to fund opioid abatement efforts conducted by the City. In order to participate and receive its allocation of the Settlement Funds, the City will need to authorize execution of all five proposed Settlement Agreements with the Settling Defendants, as well as all five Proposed California State Subdivision Agreements. In addition, there may be additional documents related to participation in the Settlements or any future settlements related to the National Prescription Opiate multi-district litigation, and receipt of funds that need to be negotiated and executed.

In order for the City to fully participate in the proposed Settlements and to directly receive its full allocation of funds under the State Subdivision Agreements, the Council should consider authorizing the City Manager to negotiate and execute any and all corresponding documents related to the City’s participation in the New National Opioid Settlements and receipt of Settlement Funds pursuant to the Proposed California State Subdivision Agreements. In addition, there may be additional settlements related to the National Prescription Opiate multi-district litigation pursuant to which the City may be eligible for settlement funds, and the City wishes to participate in any future settlements and receive opioid abatement funds allocated by the State. As such, Staff recommends that Council also authorize the City Manager to negotiate any and all corresponding documents related to the City's participation in any future settlements in the National Prescription Opiate multi-district litigation and state allocation of settlement funds.

Recommended Action: Adopt a Resolution of the City Council authorizing the City Manager to negotiate and execute any and all corresponding documents related to the City’s participation in the New National Opioid Settlements and receipt of Settlement Funds pursuant to the Proposed California State Subdivision Agreements.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: City Manager
DIVERSITY-EQUITY INITIATIVES (DEI):N/A
CLIMATE INITIATIVES (CI):N/A

1 RESOLUTION NO. 2023-XX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE

CITY MANAGER TO EXECUTE PARTICIPATION DOCUMENTS FOR THE NEW

NATIONAL OPIOID SETTLEMENTS AND ANY SUBSEQUENT PARTICIPATION

DOCUMENTS FOR SETTLEMENTS RELATED TO THE NATIONAL PRESCRIPTION OPIATE MULTI-DISTRICT LITIGATION.

WHEREAS:

1. In 2021, nationwide settlements were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors—McKesson, Cardinal Health, and AmerisourceBergen (“Distributors”)— and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). In December 2022, the City agreed to participate in and receive an allocation from the “2021 National Settlements” and is currently receiving payments from these Settlements; and

2. As of December 2022, opioid manufacturers Teva and Allergan and chain pharmacies CVS, Walgreens, and Walmart have also entered into National Opioid Settlements (“New Settlements”). The proposed New Settlements resolve claims against the manufacturers and pharmacies named as defendants in the National Prescription Opiate Multi-District Litigation for their roles in the opioid epidemic; and California and its cities and counties stand to receive up to $1.8 billion in Settlement Funds over the next 15 years for substance use prevention, harm reduction, treatment, and recovery; and

3. The State of California has proposed five California State Subdivision Agreements to govern the allocation, distribution, and use of New Settlement Fund payments made to California pursuant to the proposed New Settlements; and

4. The City of Ukiah (the “City”) wishes to participate in the proposed New Settlements and directly receive Settlement Funds in order to fund opioid abatement efforts conducted by the City; and

5. The City intends to authorize the City Manager to negotiate and execute any and all corresponding documents related to the City’s participation in the New Settlements and receipt of New Settlement Funds pursuant to the California State Subdivision Agreements; and

6. There are numerous defendants in the National Prescription Opiate Multi-District Litigation that have not yet settled the claims against them and that may settle such claims in the future. The City wishes to participate in any subsequent settlements in the Litigation and directly receive any future settlement funds for which it is eligible; and Attachment 1

2 7. The City intends to authorize the City Manager to negotiate and execute any and all corresponding documents related to the City’s participation in any future settlements related to the National Prescription Opiate Multi-District Litigation and receipt of any future settlement funds as allocated by the State.

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Manager of the City of Ukiah is authorized to negotiate and execute any and all corresponding documents related to the City’s participation in the New Settlements and receipt of Settlement Funds pursuant to the California State Subdivision Agreements; and

2. The City Manager of the City of Ukiah is authorized to negotiate and execute any and all corresponding documents related to the City’s participation in any future settlements related to the National Prescription Opiate Multi-District Litigation and receipt of any future settlement funds as allocated by the State; and

3. The California State Subdivision Agreements are set forth in Exhibit A, attached hereto and by reference incorporated herein.

PASSED AND ADOPTED this __ day of April 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Mari Rodin, Mayor
ATTEST:

Kristine Lawler, City Clerk

Proposed California State-Subdivision Agreement
Regarding Distribution and Use of
Settlement Funds – Teva Settlement

1. Introduction
Pursuant to the Teva Settlement Agreement, dated as of November 22, 2022, and any revision thereto (the “Teva Settlement Agreement”), including Section VIII and Exhibit O, the State of California proposes this agreement (the “CA Teva Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections VI, VII, and VIII of the Teva Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections IX, XIII, or XIV of the Teva Settlement Agreement.

Pursuant to Exhibit O, Paragraph 4, of the Teva Settlement Agreement, acceptance of this CA Teva Allocation Agreement is a requirement to be an Initial Participating Subdivision. 1 Further, pursuant to Sections X.B and X.C of the Teva Settlement Agreement and Sections IX.B and IX.C of the Allergan Settlement Agreement, eligible Subdivisions must participate in both the Teva Settlement Agreement and Allergan Settlement Agreement, or neither.

2. Definitions
a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Teva Settlement Agreement. b) Allergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto.
c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS.
d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto.
e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto.
f) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto.
1 A parallel but separate agreement (the “CA Allergan Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Allergan Settlement Agreement.
1 EXHIBIT A

g) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto.
h) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan.
i) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. j) Opioid Defendant means any defendant (including but not limited to Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walgreen Co., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020.

3. General Terms
This agreement is subject to the requirements of the Teva Settlement Agreement, as well as applicable law, and the Teva Settlement Agreement governs over any inconsistent provision of this CA Teva Allocation Agreement. Terms used in this CA Teva Allocation Agreement have the same meaning as in the Teva Settlement Agreement unless otherwise defined herein.

Pursuant to Section VIII(E)(1) of the Teva Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section VIII(C) of the Teva Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation.

4. State Allocation
The Settlement Fund payments to California,
2 pursuant to the Teva Settlement Agreement, shall
be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the 2 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 2

Settlement Fund shall be combined pursuant to this CA Teva Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”).

A. State of California Allocation
Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation.

B. CA Abatement Accounts Fund
i. Allocation of CA Abatement Accounts Funds
a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds.
b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Teva Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight).
d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Teva 3