Agenda packet — Ukiah City Council, August 16, 2023 (part 1 of 3)

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City Council
Regular Meeting
AGENDA
(to be held both at the physical and virtual locations below) Civic Center Council Chamber ♦ 300 Seminary Avenue ♦ Ukiah, CA 95482 To participate or view the virtual meeting, go to the following link: https://us06web.zoom.us/j/97199426600 Or you can call in using your telephone only:
• Call (toll free) 1-669-444-9171
• Enter the Access Code: 971 9942 6600
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

August 16, 2023 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the August 2, 2023, Regular Meeting.

Recommended Action: Approve the minutes for the August 2, 2023, a regular meeting.

Attachments:

1. 6a 2023-08-02 Draft Minutes

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

8. CONSENT CALENDAR

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

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

8.a. Report of Disbursements for the Month of May 2023.

Recommended Action: Approve the Report of Disbursements for the Month of May 2023.

Attachments:

1. May 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. May 2023 Disbursement Detail

8.b. Report of Disbursements for the Month of June 2023.

Recommended Action: Approve the Report of Disbursements for the Month of June 2023.

Attachments:

1. June 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. June 2023 Disbursement Detail

8.c. Consideration of Adoption of Resolution Approving Records Destruction for the City Clerk, Community Development, Community Services, and Water Resources Departments.

Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the City Clerk, Community Development, Community Services, and Water Resources Departments.

Attachments:

1. Proposed Resolution with Exhibit A

8.d. Report of the Purchase of Storage Drives and a Dell Power Vault from The Drala Project Inc., and Approve Corresponding Budget Amendment.

Recommended Action: Receive a report regarding the purchase of Storage Drives and Dell Power Vault from The Drala Project Inc, and approve corresponding budget amendment.

Attachments:

1. Purchase Order 48391

2. Purchase Order 48395

8.e. Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment.

Recommended Action: Approve contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment.

Attachments:

1. 2022-LPP Staff Recommendations

2. 212351_Perkins(ASR02)

8.f. Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding Budget Amendments.

Recommended Action: Award the contract for the re-roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc. for the amount of $450,000, approve the separate purchase of the roofing materials as needed from Garland, and authorize corresponding budget amendments.

Attachments:

1. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract

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2. San Francisco Roofing

3. Western Roofing Service

8.g. Authorization for the City Manager to Negotiate and Execute a Sole Source Contract for Professional Services for Complete Streets Consulting and Design Services on an As-Needed Basis, and Within the Approved Available Budget.

Recommended Action: Authorize the City Manager to Negotiate and Execute a Sole Source Contract to Dan Burden for Professional Services for Complete Streets Consulting and Design Services on an as-needed basis, and within the approved available budget.

Attachments: None

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

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (6:15 PM)

13. UNFINISHED BUSINESS

13.a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Recommended Action: Receive a status report, and approve the continued work on the emergency contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Attachments: None

13.b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies.

Recommended Action: Council to discuss the City's investment policy related to petroleum companies and provide direction to Staff.

Attachments:

1. Investment Policy, 2023, Proposed

14. NEW BUSINESS

14.a. Approval of Memorandum of Understanding between City of Ukiah and ChargePoint for the proposed Ukiah Electric Vehicle Charging Stations Project.

Recommended Action: Authorize City Manager to Sign Memorandum of Understanding with Chargepoint for the proposed Ukiah Electric Vehicle Charging Stations Project.

Attachments:

1. Draft MOU with ChargePoint

14.b. Approval of Letter to the Mendocino County Board of Supervisors Regarding Issues with the Mendocino County Airport Land Use Commission Board Composition.

Recommended Action: Approve Letter to the Mendocino County Board of Supervisors, and authorize the Mayor to sign.

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Attachments:

1. Letter from Airport Commission

2. Proposed Letter to County Board of Supervisors

14.c. Designation of Voting Delegate and Possible Alternate for the League of California Cities Annual Conference – September 20-22, 2023.

Recommended Action: Designate Vice Mayor Duenas as the Voting Delegate, and a possible Alternate, to represent the City of Ukiah for the 2023 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf.

Attachments:

1. League Correspondence

2. Voting Guidelines

3. Voting Delegate Form

14.d. Discussion and Possible Action Regarding the Cancellation of September 6, 2023, Regular City Council Meeting, with the Option for the Mayor and/or City Manager to Call for a Special Meeting on an Alternate Date if Time Sensitive Business Arises.

Recommended Action: Approve the cancellation of the September 6, 2023, Regular City Council Meeting, with the option for the Mayor and/or City Manager to call for a special meeting on an alternate date if time sensitive business arises.

Attachments: None

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

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

Attachments:

1. City Council Special Assignments rev 8-4-23

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)

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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 Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Dale v. Ukiah et al., Mendocino County Superior Court Case No. 21 CV00630

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, City Clerk
Dated: 8/11/23

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AGENDA ITEM 6a

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CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/97199426600 Ukiah, CA 95482
August 2, 2023
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on August 2, 2023, having been legally noticed on July 28, 2023. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Rodin called the meeting to order at 6:05 p.m. Roll was taken with the following Councilmembers Present: Juan V. Orozco, Susan Sher, Douglas, F.

Crane, and Mari Rodin. Councilmember Absent: Josefina Dueňas. 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

5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that all communications had been distributed.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the July 19, 2023, Special Meeting. b. Approval of the Minutes for the July 19, 2023, Regular Meeting.

Motion/Second: Crane/Sher to approve the Special and Regular meeting minutes of July 19, 2023, 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 on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification No. 23- 13, for Enhanced Tree Trimming to Various Locations on the West Side of Ukiah City Limits; and Approval of the Community Development Director’s Determination that Activities Undertaken by the City’s Electric Utility Department Associated with the Hazard Mitigation Grant Project, Including Fuel Reduction and Undergrounding Projects, Qualify for Exemption Under the California Environmental Quality Act (CEQA) – Electric Utility Pulled by Councilmember Sher and placed as 13b.

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City Council Minutes for August 2, 2023, Continued:

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b. Adopt a Resolution (2023-31) Approving a Side Letter Agreement (2223-134-A1) to the Current Memorandum of Understanding Between the City of Ukiah and the Ukiah Police Officers Association, and Authorize the City Manager to Execute – Human Resources. c. Approve the Purchase of a Portable Concrete Mixer from Cart-Away Concrete Systems, Inc in the Amount of $71,514.32 – Public Works. Pulled by Councilmember Crane to be placed on a future meeting.
d. Notification of Change Order #2 (2223-090-CO2) to Ghilotti Construction Co. in the Amount of $132,511.91 for the Clara Avenue Reconstruction Project, and Approval of Corresponding Budget Amendment – Public Works.
e. Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment – Public Works Pulled by Staff to be placed on a future meeting.
f. Consideration to Award Contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78 – Electric Utility. Pulled by public member, Linda Sanders and placed as agenda item 14e. g. Consideration of Award of Bid (2324-083) for HVAC Replacement at the Wastewater Treatment Plant, Specification No. 23-10 – Water Resources.

Motion/Second: Crane/Orozco to place agenda item 8a at the end of Unfinished Business as item 13b. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES:

None. ABSENT: Dueňas. ABSTAIN: None.

Motion/Second: Crane/Orozco to approve Consent Calendar Items 8b, d, f*, and g, as submitted.

Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None.

ABSENT: Dueňas. ABSTAIN: None.
*Note: Agenda Item 8f was subsequently pulled and placed as Agenda Item 13c.

Public Comment: Linda Sanders.

Motion/Second: Crane/Orozco to move Agenda Item 8f to later in the meeting. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT:

Dueňas. ABSTAIN: None.

To clarify the motion, the following action was taken.

Motion/Second: Crane/Orozco to reconsider Agenda Item 8f and move it to later in the meeting, leaving the rest of what was voted for in place. Motion carried by the following roll call votes: AYES:

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

Note: Following Agenda Item No. 9, the Mayor clarified that 8f would be heard as Agenda Item 13c.

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comments were received.

Note: Additional discussion regarding the Consent Calendar took place following Agenda Item No. 9, which is being recorded in these minutes under the Consent Calendar item.

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City Council Minutes for August 2, 2023, Continued:

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10. COUNCIL REPORTS
Presenter: Councilmember Orozco.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 FEMA Floodplain Correspondence Update – Sage Sangiacomo, City Manager  Airport Commission Correspondence – Sage Sangiacomo, City Manager  Construction update – Jason Benson, Senior Civil Engineer  Planning Commission vacancy – Kristine Lawler, City Clerk  Possible meeting cancellation – Kristine Lawler, City Clerk

12. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing to Receive Public Comment and Discuss Final Grantee Performance Under State Community Development Block Grant 20-CDBG-CV1-00004, and Acknowledge Full Reimbursement of Grant Expenses from the California Department of Housing and Community Development.

Presenters: Jim Robbins, Housing and Grants Manager and Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 6:38 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:39 P.M.

Motion/Second: Crane/Sher to acknowledge accomplishments, confirming activity completion, and confirming receipt of grant reimbursement funds from the State. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN:

None.
b. Annual Review and Consideration of the Fee Schedule for Community Services; Including Recreation Programs, Sports Fields, Parks, Municipal Pools, Ukiah Valley Conference Center, and the Grace Hudson Museum.

Presenter: Jake Burgess, Community Services Supervisor.

PUBLIC HEARING OPENED AT 6:55 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 6:56 P.M.

Motion/Second: Crane/Orozco to accept no changes to the current fee schedule. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT:

Dueňas. ABSTAIN: None.

13. UNFINISHED BUSINESS
a. Status Report of the Emergency Contract with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings.

Presenter: Cindy Sauers, Electric Utility Director.

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City Council Minutes for August 2, 2023, Continued:

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Motion/Second: Crane/Orozco to approve the continued work on the emergency contract (2223- 177) with West Coast Fire & Water for Fire Remediation Work at the Electric Utility Service Center at Hastings. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin.

NOES: None. ABSENT: Dueňas. ABSTAIN: None.
b. Report on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification No. 23-13, for Enhanced Tree Trimming to Various Locations on the West Side of Ukiah City Limits; and Approval of the Community Development Director’s Determination that Activities Undertaken by the City’s Electric Utility Department Associated with the Hazard Mitigation Grant Project, Including Fuel Reduction and Undergrounding Projects, Qualify for Exemption Under the California Environmental Quality Act (CEQA) – from Consent Calendar Item 8a.

Presenters: Cindy Sauers, Electric Utility Director and Sonu Upadhyay, Senior Power Engineer.

Public Comment: Linda Sanders.

Motion/Second: Crane/Orozco to 1) Receive report on the Ukiah Electric Utility Fire Mitigation Fuel Reduction Project, Specification 23-13, for enhanced tree trimming to various locations on the west side of Ukiah city limits; and 2) Approve Community Development Director's determination that activities undertaken by the City’s Electric Utility Department associated with the Hazard Mitigation Grant Project, including fuel reduction and undergrounding projects, qualify for exemption under the California Environmental Quality Act (CEQA). Motion carried by the following roll call votes: AYES:

Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None. c. Consideration to Award Contract for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78 – from Consent Calendar Item 8f.

Presenters: Cindy Sauers, Electric Utility Director and Sonu Upadhyay, Senior Power Engineer.

Motion/Second: Crane/Orozco to award contract (2324-084) for the Ukiah Electric Utility Fire Mitigation Undergrounding Project, Specification Number 23-08, to ARB, Inc in the Amount of $1,958,740.78. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None

14. NEW BUSINESS
a. Receive and Accept as Complete a Baseline Assessment of the Western Hills Watershed Protection Area.

Presenter: Neil Davis, Community Services Director.

Motion/Second: Crane/Sher to approve Western Hills Watershed Protection Area Baseline Assessment Document as complete. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN: None.

RECESS: 8:07 – 8:13 P.M.
b. Discussion and Possible Direction Regarding Investment Preferences of Idle Funds Related to Petroleum Companies.

Presenter: Dan Buffalo, Finance Director.

Council Consensus directs Staff to find out other bond holdings that could replace the petroleum companies with direct activity with fossil fuels, making sure that they are diverse and looking at the rate of returns, then bring back suggested language for Councils consideration as a base point for a policy discussion.

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City Council Minutes for August 2, 2023, Continued:

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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), and Consider the Formation of an Ad Hoc to Plan for the City's 150-year Anniversary.

Presenter: Mayor Rodin,
Motion/Second: Crane/Sher to nominate and appoint Councilmember Orozco and Mayor Rodin to serve on an ad hoc to plan for the City’s 150-year anniversary. Motion carried by the following roll call votes: AYES: Orozco, Sher, Crane, and Rodin. NOES: None. ABSENT: Dueňas. ABSTAIN:

None.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 9:09 P.M.

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 – Existing Litigation
(Government Code Section 54956.9(d)(1)
Name of case: Roofing & Solar Construction, Inc. v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV00048
c. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20-74612 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 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. 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 action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:20 p.m. ________________________________
Kristine Lawler, CMC

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Agenda Item No: 8.a.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of May 2023.

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

1. May 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. May 2023 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of May 2023.

Background: Payments made during the month of May 2023 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3052721-3052803; 3052804-3052891; 3052892-3052982; 3052983-3053068
Accounts Payable Wire Transfers: 86, 87
Payroll Check Numbers: 513174-513245; 513246-513325
Payroll Manual Check Numbers: NA
Direct Deposit Numbers: 119265-119583; 119584-119901
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3052592, 3052711, 3052679
Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: May 2023 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: May 2023 Disbursement Detail

Recommended Action: Approve the Report of Disbursements for the Month of May 2023.

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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
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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Attachment 1
FUNDS:
100 General Fund $414,801.17 700 Sanitary Disposal Site Fund $10,537.56 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund $1,271.06 105 GF-(Sub-Fund) Fire Authority $100,874.85 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $27,417.64 710 Ambulance Services Fund $15,000.14 130 Gov'tl Debt SVC/Reserve Fund $1,250.00 720 Golf Fund $2,122.91 131 Debt Service Reserve 2022 LRB $1,495.00 730 Confernence Center Fund $9,577.47 200 City Adminstrative Services $98,811.78 750 Visit Ukiah 201 Worker's Comp Fund $5,594.03 777 Airport Fund $32,654.70 202 Liability Fund $3,935.32 778 Airport Capital Improvement Fund 203 Garage Fund $6,306.78 779 Special Aviation Fund
204 Purchasing Fund $27,014.05 800 Electric Fund $768,207.00 205 Billing & Collections Fund $11,585.66 801 Electric Capital Reserve Fund $205,812.48 206 Public Safety Dispatch Fund $3,096.23 803 Lake Mendocino Bond Reserve $1,460.00 207 Payroll Posting Fund $29,149.04 805 Street Lighting Fund $94,260.82 208 Building Maintenance/Corp Yard Fund $67,114.48 806 Public Benefits Fund $3,750.00 209 IT Fund $35,049.24 807 Cap and Trade
220 Equipment Reserve Fund 808 Electric Low Carbon Fuel STDS ($59,200.00) 249 City Housing Bond Proceeds 820 Water Fund $99,237.59 250 Special Revenue Fund 822 Water Capital Improvement Fund $47,430.20 251 Special Projects Reserve Fund 830 Recycled Water Fund $233,104.38 252 Streets/ROW Improvement Fund $354,234.15 840 City/District Sewer Fund $199,037.09 253 CITY PROP 172 841 Sewer Contruction Fund
300 Park Development Fund $1,181.37 843 Sewer Capital Fund 301 Anton Stadium Fund $0.00 900 Special Deposit Trust $17,648.51 302 Observatory Park Fund 901 General Service (Accts Recv) $68.59 304 Swimming Pool Fund $0.00 902 U.S.W. Billing & Collection $53,354.17 305 Riverside Park Fund $0.00 903 Public Safety - AB 109 $0.00 306 Skate Park Fund $0.00 905 Federal Emergency Shelter Grant 310 Museum Grants 905 Mendocino Emergency Service Authority 311 Alex Rorbaugh Recreation Center Fund $6,647.76 911 Russian River Watershed Association $37,127.62 312 Downtown Business Improvement Fund $270.00 915 UVFD $8,023.68 313 LMIHF Housing Asset Fund 916 UVFD PROP 172
314 Winter Special Events 917 UVFD Measure B
315 Advanced Planning Fund $35.73 918 UVFD Mitigation $12,150.00 316 SPECIAL RECREATION EVENTS 940 Sanitation District Special Fund 500 2106 Gas Tax Fund $1,738.50 942 Rate Stabilization - UVSD Fund 501 2107 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 503 2105 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
505 Signalization Fund 960 Community Redevelopment Agency 506 Bridge Fund 961 RDA Housing Pass-Through
507 1998 STIP Augmentation Fund 962 Redevelopment Housing Fund 508 SB325 Reimbursement Fund 963 Housing Debt
509 S.T.P. Fund 964 RDA Capital Pass-Through
510 Trans-Traffic Congest Relief Fund 965 Redevelopment Capital Improvement Fund 511 Rail Trail Fund 966 Redevelopment Debt Service
600 Community Development Block Grant 967 Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 968 Non-Housing Bond Proceeds 602 Community Development Fund 969 RDA Obligation Retirement Fund $54,024.57 603 08-HOME-4688 844/944 Sewer Capital Projects Fund $38,828.67 604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund
613 Home Program Activities Retainage Withheld $5,992.50 620 CASP Train 611 CDBG 16-CDBG-11147 $6,828.17
630 Asset Seizure Fund $825.21
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $1,415.32
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund $3,675.53
PAYROLL CHECK NUMBERS: 513174-513245 TOTAL DEMAND PAYMENTS- A/P CHECKS $3,101,828.72 DIRECT DEPOSIT NUMBERS: 119265-119583 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 04/26/2023 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,300,844.19 PAYROLL CHECK NUMBERS: 513246-513325 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $703,778.96 DIRECT DEPOSIT NUMBERS: 119584-119901 * vendor name( if applicable) PAYROLL PERIOD: 04/30/2023
PAYROLL CHECK NUMBERS:

DIRECT DEPOST NUMBERS:

PAYROLL PERIOD:

VOID CHECK NUMBERS: TOTAL PAYMENTS $5,106,451.87
3052592, 3052711, 3052679
WIRE TRANSFER NUMBERS:
86, 87

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

City Clerk

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

CITY OF UKIAH

REPORT OF DISBURSEMENTS

FOR THE MONTH OF MAY

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

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

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

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

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

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Attachment 4

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Agenda Item No: 8.b.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of June 2023.

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

1. June 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. June 2023 Disbursement Detail
Summary: The Council will review and consider approval of the Report of Disbursements for the month of June 2023.

Background: Payments made during the month of June 2023 are summarized in the Report of Disbursements. Further detail is supplied on the Schedule of Bills, representing the four (4) individual payment cycles within the month.

Accounts Payable Check Numbers (City & UVFA): 3053069-3053120; 3053121-3054211; 3054212-3054322; 3054323-3054427; 3053428-3053516
Accounts Payable Wire Transfers: 88
Payroll Check Numbers: 513328-513407; 513408-513516; 513520-513650 Payroll Manual Check Numbers: 513326, 513327, 513517-513519, 513651, 513652 Direct Deposit Numbers: 119902-120224; 120225-120569; 120570-120915 Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3052400
Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: June 2023 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: June 2023 Disbursement Detail

Recommended Action: Approve the Report of Disbursements for the Month of June 2023.

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CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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Attachment 1
FUNDS:
100 General Fund $154,650.05 700 Sanitary Disposal Site Fund $7,357.48 101 GF-(Sub-Fund) Visit Ukiah 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $80,412.47 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $13,244.25 710 Ambulance Services Fund $36,407.55 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $18,225.43 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $21,385.44 200 City Adminstrative Services $110,582.50 750 Visit Ukiah 201 Worker's Comp Fund $10,964.32 777 Airport Fund $73,429.24 202 Liability Fund $21,994.77 778 Airport Capital Improvement Fund $7,665.00 203 Garage Fund $18,526.35 779 Special Aviation Fund
204 Purchasing Fund $15,052.22 800 Electric Fund $1,075,514.67 205 Billing & Collections Fund $10,343.57 801 Electric Capital Reserve Fund $95,001.56 206 Public Safety Dispatch Fund $1,696.53 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $638,088.07 805 Street Lighting Fund $12,225.53 208 Building Maintenance/Corp Yard Fund $75,253.21 806 Public Benefits Fund $10,418.84 209 IT Fund $26,870.06 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $110,445.31
249 City Housing Bond Proceeds 822 Water Capital Improvement Fund 250 Special Revenue Fund 830 Recycled Water Fund $32,273.41 251 Special Projects Reserve Fund 840 City/District Sewer Fund $182,245.75 252 Streets/ROW Improvement Fund $55,675.00 841 Sewer Contruction Fund 253 CITY PROP 172 843 Sewer Capital Fund
300 Park Development Fund 900 Special Deposit Trust $19,179.35 301 Anton Stadium Fund $0.00 901 General Service (Accts Recv) $248.03 302 Observatory Park Fund 902 U.S.W. Billing & Collection $134,531.39 303 PlayGround & Park Amenities Fund $127.00 903 Public Safety - AB 109 $0.00 304 Swimming Pool Fund 905 Federal Emergency Shelter Grant 305 Riverside Park Fund $8,529.30 905 Mendocino Emergency Service Authority 306 Skate Park Fund $0.00 911 Russian River Watershed Association $72,471.93 310 Museum Grants 915 UVFD $148.68
311 Alex Rorbaugh Recreation Center Fund $4,323.61 916 UVFD PROP 172 312 Downtown Business Improvement Fund 917 UVFD Measure B $75,694.11 313 LMIHF Housing Asset Fund 918 UVFD Mitigation
314 Winter Special Events $524.43 940 Sanitation District Special Fund 315 Advanced Planning Fund $40,250.00 942 Rate Stabilization - UVSD Fund 316 SPECIAL RECREATION EVENTS 943 Sanitation District Capital Improvement Fund 500 2106 Gas Tax Fund $8,995.00 952 REDIP Sewer Enterprise Fund 501 2107 Gas Tax Fund 960 Community Redevelopment Agency 503 2105 Gas Tax Fund 961 RDA Housing Pass-Through
505 Signalization Fund 962 Redevelopment Housing Fund
506 Bridge Fund 963 Housing Debt
507 1998 STIP Augmentation Fund 964 RDA Capital Pass-Through 508 SB325 Reimbursement Fund 965 Redevelopment Capital Improvement Fund 509 S.T.P. Fund 966 Redevelopment Debt Service
510 Trans-Traffic Congest Relief Fund 967 Housing Bond Proceeds 511 Rail Trail Fund $387.75 968 Non-Housing Bond Proceeds 600 Community Development Block Grant 969 RDA Obligation Retirement Fund $3,422.04 601 EDBG 94-333 Revolving Loan 844/944 Sewer Capital Projects Fund $5,702.50 602 Community Development Fund
603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940 Retainage Withheld
610 City RDA Projects Fund 611 CDBG 16-CDBG-11147 $11,434.75 613 Home Program Activities
620 CASP Train $2,500.00
630 Asset Seizure Fund $858.68
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1)
634 Federal Asset Seizure Grants
635 SUP Law Enforcement Service Fund
636 CBTHP Officer
637 Local Law Enforcement Block Grant
638 Asset Forfeiture 11470.2 H & S
639 Special Revenue - Police
640 Parking District Fund $713.21
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund $70.37
TOTAL DEMAND PAYMENTS- A/P CHECKS $3,306,060.71
PAYROLL CHECK NUMBERS: 513328-513407 TOTAL DEMAND PAYMENTS- EFT's $0.00 DIRECT DEPOSIT NUMBERS: 119902-120224 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,359,336.12 PAYROLL PERIOD: 06/02/2023 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $723,201.69 PAYROLL CHECK NUMBERS: 513408-513516 * vendor name( if applicable) DIRECT DEPOSIT NUMBERS: 120225-120569
PAYROLL PERIOD: 06/16/23
PAYROLL CHECK NUMBERS: 513520-513650
DIRECT DEPOST NUMBERS: 120570-120915
PAYROLL PERIOD: 06/30/23
TOTAL PAYMENTS $5,388,598.52
VOID CHECK NUMBERS:
3052400
513326, 513327, 513517-513519,
513651, 513652
WIRE TRANSFER NUMBERS:
88 CERTIFICATION OF CITY CLERK
This register of Payroll and Demand Payments was duly approved by the City Council on ____________________.

City Clerk

CITY OF UKIAH

REPORT OF DISBURSEMENTS

FOR THE MONTH OF JUNE

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Attachment 4

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Agenda Item No: 8.c.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2023-2940

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Approving Records Destruction for the City Clerk, Community Development, Community Services, and Water Resources Departments.

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

1. Proposed Resolution with Exhibit A
Summary: The City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney's Office and the City Clerk, have reviewed records that have been identified as being ready for destruction. Council is being asked to approve their destruction.

Background: City of Ukiah's Records Retention Guidelines was constructed based on the State of California's recommended retention schedule and various government regulations, as well as recommendations from City departments. The City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney's Office and the City Clerk, have reviewed the Transfer Notices for a total of 29 boxes that are due for destruction per the Guidelines, and have approved them for shredding.

Discussion: The estimated cost for shredding the 29 boxes is $330. Staff recommends that Council adopt the resolution (Attachment 1), authorizing the destruction of 29 boxes of outdated documents, listed attached as Exhibit A to the resolution.

Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the City Clerk, Community Development, Community Services, and Water Resources Departments.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20012500.52100 - City Clerk Contracted Services: $2,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: City Clerk Contracted Services budget PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A

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RESOLUTION NO. 2023-

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

DESTRUCTION OF CERTAIN RECORDS
WHEREAS, the City Clerk, Community Development, Community Services, and Water Resources departments, along with the City Attorney’s Office and the City Clerk have reviewed and approved the list of records that are attached as Exhibit A, and determined that said records are no longer necessary and may at this time be destroyed.

NOW, THEREFORE, BE IT RESOLVED that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records.

PASSED AND ADOPTED this 16th day of August, 2023, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Mari Rodin, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk

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CONTAINER SHELF LOCATION BOX # Date Rec'd Con /
Pub
Central
File #

RECORD TITLE RECORD DATES RETAIN
UNTIL

USER/SENDER DEPARTMENT COMMENT
1 d 139 4704 3/7/2018 Pub Bids & Proposals (Unsuccessful) 2/24/16-12/6/16 2020 Ashley Cocco City Clerk 2 j 414 311 1/13/2020 Pub 301.02 Statement of Economic Interest (FORM 700s) 1/1/07-12/31/12 2019 Kristine Lawler City Clerk 2k421 003121/13/2020
Pub 302.02 Correspondence 1/1/2000-12/31/2019 2022 Kristine Lawler City Clerk also contains correspondence to/from City Manager 2k
423 00313
1/13/2020
Pub 301.01 General Subject Files 1/1/2012-12/31/2019 2022 Kristine Lawler City Clerk expenses, budgets granicus, correspondence, FPPC
2 k 451 2233 Con Election Files 1998 - 2000 2018 Marie Ulvila City Clerk These are all blank forms - kl 1-14-15 2 r 746 4655 5/23/2017 Pub Bids and Proposals (Unsuccessful) 1/1/15-12/31/15 2019 Ashley Cocco City Clerk 14-05 to 15-17 Unsuccessful Bids 3 s 762 2235 Pub Bids 1/98 - 1/98 2018 Marie Ulvila City Clerk 3 s 766 2629 Con Confidential Bids 1/98 - 1/98 2018 Marie Ulvila City Clerk 3 t 826 2302 Pub Redevelopement Agency Agendas 1994 - 1999 2018 Yoast City Clerk 3 u 858 00101 Pub 309.01 Public Records Requests 1/1/15-12/31/08 2020 Kristine Lawler City Clerk 3 v 908 4127 1/18/2013 Pub Applications, Boards, Commissions, Committees
1985-2009 2018 Kristine Lawler City Clerk
3 v 912 4133 3/28/2013 Pub Statement of Economic Interest (FORM 700s) 2000 - 2016 2023 Kristine Lawler City Clerk 3 x 967 4352 7/31/2014 Pub Bids and Proposals (Unsuccessful) 1978-1996 1998 Kristine Lawler City Clerk This box was already approved by Deputy Public Works Director and City Manager for destruction,
but somehow didn't get destroyed.
4 bb 1151 00536 4/20/2021 Pub 303.02 Unsuccessful Bids 1/1/17-12/31/17 2020 Kristine Lawler City Clerk

CITY CLERK EXHIBIT A

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COMMUNITY SERVICES
CONTAINER SHELF LOCATION BOX # Date Rec' d Con /
Pub
Central File RECORD TITLE RECORD DATES RETAIN
UNTIL

USER/ SENDER DEPARTMENT COMMENT
1 b
70 3495 Con Miscellaneous Recreation Files 12/04 - 12/05 2023 Merz Community Services
1 b 80 00473 1/13/2020 Pub 509. 16 Deposits, Receipts, Customer Receipts 01/01/03-12/31/18 2023 McKayla Taylor Community
Services
1 e
173 3429 Pub Recreation Binders 2002 - 2004 2023 Maya Simerson Community Services
1 g
263 3430 Pub Recreation Binders 2004 - 2004 2023 Maya Simerson Community Services
2m
531 3434 Pub Recreation Sports and Class Binders 2003 - 2004 2023 Maya Simerson Community Services
2r
752 3234 Pub Various Files 2003 - 2005
2023
Jake Burgess Community
Services
3w
937 4361 9/2/2014 Con Schedules, Classes and Events 2003- 2005 2023 Rilee Dockins Community Services
3z
1073 4206 9/9/2013 Pub Parades and Special Events 6/1/11-12/1/11 2023 Rilee Dockins Community Services
Pumpkinfest
3z
1079 4207 9/9/2013 Pub Parades and Special Events 6/1/08-12/1/10 2023 Lory Limbird Community Services
Pumpkinfest

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Agenda Item No: 8.d.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2023-2944

AGENDA SUMMARY REPORT
SUBJECT: Report of the Purchase of Storage Drives and a Dell Power Vault from The Drala Project Inc., and Approve Corresponding Budget Amendment.

DEPARTMENT: Information Services PREPARED BY: Ryan Burkhart, IT Manager, Scott Shaver, I.T.

Manager
PRESENTER: Ryan Burkhart, IT Manager.

ATTACHMENTS:

1. Purchase Order 48391

2. Purchase Order 48395
Summary: Council will receive a report regarding the purchase of storage drives and Dell Power Vault from The Drala Project Inc, in the amount of $89.985.62, and approve a corresponding budget amendment.

Background: The City IT Department planned for, budgeted, and subsequently contracted with The Drala Project last calendar year to recommend and provide new server storage to replace the existing end-of-life unwarrantied hardware. Dell Inc, the hardware manufacturer, performed the scan and provided the results to the Drala Project for engineering a solution. The manufacturer (Dell Inc) had unfortunately not scanned the entire storage array on the first project and resulted in insufficient storage. This was not discovered until just recently.

Discussion: As the project was finishing implementation, the City discovered that the amount of storage scanned by Dell was insufficient for our current needs. IT Staff relied on Dell's data scans and assessment of the City's data storage system but later identified flaws in that assessment. Through working with both Dell and The Drala Project Inc, the City's IT team determined that additional storage would be necessary to handle all current and medium term storage growth. Because of this precarious situation, immediate action was taken by the team. The lack of storage availability and system redundancy exposes the City to significant risk of system failure and data loss, necessitating the critical need to procure additional hardware.

Please refer to Attachment 1 for a copy of Purchase Order 48391, which is the purchase of the Powervault in the amount of $32,140.99, and Attachment 2 for a copy of Purchase Order 48395, which is the purchase of the Powerstore Drive upgrade in the amount of $57,844.63. Due to flaws by Dell in its scan and assessment of the City's system, Dell offered these items at additional discounts. These additional purchase orders are what the City would have needed to budget for and purchase originally to handle all existing storage requirements had the Dell scans been accurate.

Since these additional purchases were not included in the current budget, and there are no expected budgetary savings in the IT fund from which to draw these resources, a budget amendment is necessary to increase this year's appropriation. IT reserves in fund 209 will be used to cover these additional costs and no allocation modifications to departments will be needed.

Recommended Action: Receive a report regarding the purchase of Storage Drives and Dell Power Vault from The Drala Project Inc, and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes

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CURRENT BUDGET AMOUNT: 20913900.54330: $0
PROPOSED BUDGET AMOUNT: 20913900.54330: $89,985.62
FINANCING SOURCE: Reserves
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Mary Horger, Financial Services Manager, and Dan Buffalo, Finance Director DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Page 159 of 460 ends

Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Page of
Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2024 1 1
48391-00

THE DRALA PROJECT INC
2629 MANHATTAN AVE # 307
HERMOSA BEACH CA 90254

CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
Mary Horger 07/20/2023
FOB UKIAH/N30 INFORMATION TECHNOLOGY 0.000
$32,140.99
1 POWERVAULT ME5012 HYBRID STORAGE ARRAY 2.0 EACH $14,760.500 $29,521.00 2 TAX (8.875%) 2620.0 DOLL $1.000 $2,619.99
REF REQ E39193
AS PER PROJECT PROPOSAL ATTACHED.

PRICING INCLUDES INSTALLATION,

CONFIGURATION, TESTING, VALIDATION,

INTEGRATION, DOCUMENTATION, AND A TESTED
MIGRATION PLAN.

PRICING EXCLUDES SHIPPING.

PRICING REFLECTS A $22,306 DISCOUNT (DELL

TECHNOLOGIES CONCESSION)
ATTACHMENT 1

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1 GENERALLY. These Terms and Conditions of
Sale (“Terms and Conditions”) apply to all purchases by City of Ukiah. (Referred to as “Buyer”). The supplier of goods and services under this transaction is herein
referred to as “Seller”. The goods or service purchased are referred to as the “Purchase.”

2. TERMS EXCLUSIVE. Buyer will order the goods
or services described herein only upon the terms and
conditions contained herein. Seller’s acceptance of this order shall occur either through commencement of
performance under this order or acknowledgment of this
order. By accepting this order, Seller waives all terms and conditions contained in its quotation, acknowledgment,
invoice or other documents which are different from or
additional to those contained herein and all such different or additional terms and conditions shall be null and void.

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY, MANUFACTURING PROCESS OR LOCATION WITHOUT THE PRIOR WRITTEN CONSENT OF BUYER.

3. INSPECTION. All goods shall be received subject
to Buyer’s inspection and rejection. Defective goods and goods otherwise not conforming to this order shall be held for Seller’s instruction and at Seller’s risk, and if Seller so directs, shall be returned at Seller’s expense. No defective goods shall be replaced without a new purchase order.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any non-defective, excess goods within thirty (30) days of receiving them.

4. CHANGES. City may make changes within the
general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable
adjustment in the price or delivery or both must be made.

No change by Seller is allowed without City’s written
approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.

5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause.

Should termination occur, City will pay Seller as full
performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.

6. TIME EXTENSION. Time is of the essence City
may extend the time for completion if, in City’s sole
determination, Seller was delayed because of causes
beyond Seller’s control and without Seller’s fault or
negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

8. TITLE. Title to materials and supplies purchased
under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.

9. PAYMENT. City will pay Seller after receiving
acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order.

10. INDEMNIFICATION. Seller agrees to indemnify and hold harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel
satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. This paragraph 9 will survive termination of this order. The requirements as to the types and limits of insurance
coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.

11. WARRANTY. Seller agrees that the Purchase is
covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.

12. ASSIGNMENT. City may assign this order.

Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.

15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.

16. WAIVER. City’s review or acceptance of, or
payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.

17. INTERPRETATION. This Agreement was drafted
in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Mendocino County.

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Purchase Order
Purchase
Order #

THIS NUMBER MUST APPEAR ON ALL INVOICES,
PACKAGES AND SHIPPING PAPERS.

Fiscal Year
Vendor Phone Number Vendor Fax Number Buyer Date Ordered Date Required Page of
Delivery must be made within
doors of specified destination.

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
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CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate 2024 1 1
48395-00

THE DRALA PROJECT INC
2629 MANHATTAN AVE # 307
HERMOSA BEACH CA 90254

CITY OF UKIAH - ANNEX
411 W CLAY STREET
UKIAH CA 95482
Mary Horger 07/25/2023
N30 INFORMATION TECHNOLOGY 0.000
$57,844.63
1 POWERSTORE DRIVE UPGRADE: (10) 1.92TB SSDS 1.0 EACH $53,129.400 $53,129.40 2 TAX (8.875%) 4715.2 DOLL $1.000 $4,715.23
REF REQ E39194
AS PER PROPOSAL Q-003791 VERSION 1
ATTACHMENT 2

Page 162 of 460 ends

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY, MANUFACTURING PROCESS OR LOCATION WITHOUT THE PRIOR WRITTEN CONSENT OF BUYER.

Payment by Buyer shall not be construed as an
acceptance of goods. Buyer may return to Seller any non-defective, excess goods within thirty (30) days of receiving them.

5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause.

7. REMEDIES CUMULATIVE. City’s rights and
remedies under this order are not exclusive and are in
addition to any rights and remedies provided by law.

12. ASSIGNMENT. City may assign this order.

13. INSURANCE. Seller must provide the insurance
indicated on the face sheet of this order.

14. PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.

Page 163 of 460 ends

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Agenda Item No: 8.e.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2023-2945

AGENDA SUMMARY REPORT
SUBJECT: Approve Contract Amendment in the Amount of $167,266 for Additional Engineering Services Related to the Main, Perkins and Gobbi Street Reconstruction Projects with BKF Engineers, and Approve Corresponding Budget Amendment.

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

1. 2022-LPP Staff Recommendations

2. 212351_Perkins(ASR02)
Summary: Council will consider approving contract amendment in the amount of $167,266 for additional engineering services related to the Main, Perkins and Gobbi Street reconstruction projects with BKF Engineers, and approve corresponding budget amendment.

Background: City Staff prepared and submitted a grant application for partial funding of the reconstruction of Gobbi Street, Main Street and Perkins Street. These projects will consist of utility replacement on Gobbi and Main streets with pedestrian, cyclist, and ADA improvements on all three streets. These three projects were originally envisioned, designed and budgeted to occur during separate construction seasons and were originally funded with Series 2022 Lease Revenue Bonds.

Staff was notified on June 8 that the California Transportation Commission approved the City’s application and $6,074,000.00 was awarded for this project, now to be called the Urban Core Rehabilitation and Transportation Project (UCRTP). This amount accounts for 43.3% of the total project cost. Due to the competitive nature of the grant, it was determined that the City putting up 57.7% of the project costs rather than the minimum 50% would give the City's application an advantage over other jurisdictions and municipalities. See Attachment 1 for award letter. Due to the nature of the grant, this project must be awarded before the end of December 2023 and engineering work must begin immediately.

Discussion: BKF Engineers is responsible for the plans and specifications for the Gobbi Street Project and Perkins Street Project and Coastland Civil Engineers completed the Main Street Project. As BKF designed two of the three projects, they are a natural fit to bring them together. See Attachment 2 for a copy of their proposal. This amendment is meant to provide for the additional engineering and planning services needed to combine all three of these projects into one package that can be bid for construction. The amendment will also provide funding for Monument Preservation, Right of Way Retracement, Monument Re-Establishment and Record of Survey, which will support easement acquisition and Right of Way on this project and future endeavors in the project area.

These streets are being designed in cooperation with the Complete Streets Ad-Hoc (Mayor Rodin and Councilmember Crane). Staff and the Ad-hoc are continuing to look for opportunities to implement complete street concepts and features into this project that are consistent with the direction received last month during the community workshop with Dan Burden and Blue Zones. As staff and the Ad-Hoc work to incorporate elements, there will likely be the need for additional design work and services. While the current grant and allocation of monies will not fund the entirety of the vision presented at the workshop, efforts are being

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Page 2 of 2 ends

maximized to incorporate as much of the complete street approach as possible and ensure the current project is inline with a progression towards the approved vision for Perkins, Gobbi and Main Streets.

BUDGET AMENDMENT REQUIRED: YES
CURRENT BUDGET AMOUNT: 25224220.80230.18308: $0
PROPOSED BUDGET AMOUNT: 25224220.80230.18308: $167,266
FINANCING SOURCE: CTC Grant Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2122-190
COORDINATED WITH: Andrew Stricklin, Senior Engineer, and Tim Eriksen, Director of Public Works DIVERSITY-EQUITY INITIATIVES (DEI):

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

GENERAL PLAN ELEMENTS (GP):

GP-A3 - Mobility Element

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JUNE 8, 2023 CALIFORNIA TRANSPORTATION COMMISSION
SENATE BILL 1 PROGRAMS – STAFF RECOMMENDATIONS
2022 LOCAL PARTNERSHIP COMPETITIVE PROGRAM
Staff recommends Local Partnership Competitive Program funds totaling $142,453,000 for eleven projects valued at approximately $610 million in total project costs. Recommendations for funding are set forth on the attached list of projects.

The recommended projects contain public transit improvements including bus and rail improvements; traffic operational improvements including construction of a roundabout and the replacement of an interchange; a road diet that will reduce the number of travel lanes and incorporate more complete streets elements; and non-motorized facility improvements specifically for bicycles and pedestrians. These projects address key Climate Plan for Transportation Infrastructure principles and will address the needs of underresourced communities, have positive environmental impacts, support efficient land use principles, and provide benefits to communities throughout California. These improvements will reduce congestion and vehicle miles traveled, improve air quality, improve safety on all modes, and create nearly 10,000 jobs.

The recommended projects were determined to be the projects that best address the criteria as outlined in the guidelines.

Created by Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), the California Transportation Commission’s (Commission) Local Partnership Program provides $200 million annually to counties, cities, districts, and regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements. The annual $200 million allotment is reduced by $20 million in incentive funding and then divided into two separate programs: the formulaic program and the competitive program.

Sixty percent of those funds are distributed to the formulaic program and forty percent of those funds are distributed to the competitive program.

In August 2021, the Commission began development of the 2022 Local Partnership Program Guidelines. The Commission hosted seven public workshops to solicit stakeholder input on the guidelines between August 2021 and April 2022. The guidelines were prepared by Commission staff in consultation with Caltrans, the California Air Resources Board, the California Department of Housing and Community Development, the Commission’s Equity Advisory Roundtable, regional transportation planning agencies, local agencies, transportation advocates, and other stakeholders.

In addition, new to this cycle, the Commission hosted 17 virtual office hour sessions from February 2022 to April 2022, where Commission staff provided technical assistance to potential applicants who wanted to discuss their project nominations for the 2022 Local Partnership Competitive Program.

Adopted by the Commission at its meeting on August 17, 2022, the 2022 Local Partnership Competitive Program Guidelines describe the policy, standards, criteria, and procedures for the development, adoption, and management of the Local Partnership Competitive Program.

The Commission established the 2022 Local Partnerships Program as a two-year, $144 million program (fiscal years 2023-24 and 2024-25). Project nominations were due to the Commission by November 29, 2022. 1 of 4
ATTACHMENT 1

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JUNE 8, 2023 CALIFORNIA TRANSPORTATION COMMISSION
The Commission received 37 project nominations seeking over $560 million in funding. The projects nominated and the funding requested reflect a great need for local and regional transportation taxing authorities to address the state’s highest transportation needs. Since Senate Bill 1 provides an on-going funding source for the Local Partnership Competitive Program, agencies with projects not recommended for funding in this cycle will have the opportunity to apply for funding in subsequent cycles.

An evaluation team consisting of Commission and Caltrans staff reviewed project nominations based on the criteria identified in the Commission’s adopted 2022 Local Partnership Competitive Program Guidelines.

The nominations were also reviewed by California Department of Housing and Community Development staff to evaluate land use efficiency and housing benefits and by members of the Interagency Equity Advisory Committee to evaluate equity and community engagement sections. Due to the competitive nature of this program, staff evaluations were limited to documentation submitted with the nomination package, including the required performance metrics outlined in the program guidelines.

Projects not recommended for funding were determined to be less competitive for a variety of reasons including required information was missing or unclear; non-compliance with guidelines and/or statutory requirements; or projects are being recommended for funding in other state and/or federal programs. The projects not recommended for funding demonstrated benefits but were found less competitive in this third cycle of the Local Partnerships Program. Nominating agency staff are encouraged to contact Commission staff for technical assistance to improve project nominations in future program funding cycles.

The Commission will consider these staff recommendations and program adoption at its June 28-29, 2023, Commission Meeting.
2 of 4

Page 167 of 460 ends

CALIFORNIA TRANSPORTATION COMMISSION

COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE

RECOMMENDED

FUNDING
2023-24
($1000s)

RECOMMENDED

FUNDING
2024-25
($1000s)
TOTAL

PROJECT COST
($1000s)

RANKING
Imposed Fee Taxing Authorities*
El Dorado El Dorado County Pioneer Trail/US Hwy 50 Intersection Safety Improvement Project Highway / Local Road $ 3,055 $ 9,127 MEDIUM San Bernadino Rancho Cucamonga, City of Foothill Blvd Complete Street Project Local Road / Active Transportation $ 2,400 $ 4,800 MEDIUM (-) Voter Approved Taxing Authorities
Sonoma Sonoma Co Transportation Authority (SCTA) US 101/Hearn Ave Regional Multimodal Interchange Highway / Local Road / Active Transportation $ 8,600 $ 43,675 HIGH Alameda Alameda County Transportation Commission (Alameda CTC) Oakland Alameda Access Project Highway / Local Road / Active Transportation $ 25,000 $ 129,900 HIGH Yuba Yuba County North Beale Road Complete Streets / Safety Project - Phase III Local Roads / Active Transportation $ 3,000 $ 7,711 HIGH Santa Clara Santa Clara Valley Transportation Authority (VTA) Mountain View Transit Center Grade Separation and Access Project Transit Rail / Transit Bus / Active Transportation $ 25,000 $ 136,000 HIGH (-) Sacramento Sacramento Transportation Authority (STA) US 50 Gold Line Corridor Enhancement Project - Hazel Ave/US 50 Interchange Highway / Local Road / Transit Rail $ 25,000 $ 132,726 HIGH (-) Tulare Tulare County Association of Governments (TCAG) SR99/Caldwell Ave Interchange, Safety and Multi-Modal Project Highway $ 15,000 $ 68,227 MED-HIGH Mendocino
1) Ukiah, City of
2) Mendocino Council of Government (MCOG) Urban Core Rehabilitation and Transportation Project Local Roads / Active Transportation $ 6,074 $ 14,356 MED-HIGH San Mateo San Mateo County Transit District (SamTrans) SamTrans Emission Zero Project Transit Bus $ 14,824 $ 32,605 MEDIUM (+) Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro)
Southeast Los Angeles Transit Improvements Project - NextGen Bus Line Corridors I-710 Transit Bus $ 14,500 $ 31,130 MEDIUM
$ 49,898 $ 92,555 $ 610,257
$ 142,453 Total Recommended
$ 6,253 recommendation overprogrammed

COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE

REQUESTED

FUNDING
($1000s)

TOTAL PROJECT
COST ($1000s) RANKING SOURCE
Santa Barbara Santa Barbara County Association of Governments (SBCAG) US101 Multimodal Corridor - Segment 4D South - Three Creeks Highway $ 25,000 $ 142,581 HIGH (-) SCCP Riverside
1) Riverside County Transportation Commission (RCTC)
2) So California Regional Rail Authority Metrolink Double Track Project: Moreno to Perris Transit Rail $ 15,500 $ 34,000 MED-HIGH (+) TIRCP Riverside
1) Riverside County Transportation Commission (RCTC)
2) Riverside County Mid County Parkway: Ramona Expressway Highway / Local Roads $ 25,000 $ 189,793 MEDIUM (-) SCCP

FULLY FUNDED BY

ANOTHER STATE

PROGRAM

RECOMMENDED

FOR FUNDING
2022 Local Partnership Competitive Program

STAFF RECOMMENDATIONS
($1,000s)
- Project Fact Sheets are linked to the project titles
*The Competitive Program will be divided in two parts: one for taxing authorities with voter-approved taxes, tolls, or fees; and the second for applicants with only imposed fees. The Competitive Program will be divided into these two groups based on relative tax, toll, and fee revenue of the applicants. In no case will the portion for applicants with only imposed fees be less than $5,000,000.

June 8, 2023 3 of 41

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CALIFORNIA TRANSPORTATION COMMISSION
2022 Local Partnership Competitive Program

STAFF RECOMMENDATIONS
($1,000s)

COUNTY NOMINATING AGENCY PROJECT TITLE PROJECT TYPE

REQUESTED

FUNDING
($1000s)

TOTAL PROJECT
COST ($1000s) RANKING
Imposed Fee Taxing Authorities
Los Angeles San Gabriel, City of Valley Blvd Revitalization Project Locl Roads / Active Transportation $ 15,986 $ 11,755 MED-LOW Riverside Corona, City of Ontario Ave Widening/Complete Streets Project Highway / Local Roads / Active Transportation $ 2,500 $ 6,000 LOW Voter Approved Taxing Authorities
Santa Cruz Santa Cruz Regional Transportation Commission (SCCRTC) Watsonville-Santa Cruz Multimodal Corridor Program - SR1 Freedom to State Park Auxiliary Lanes, Bus on Shoulders, and Coastal Rail Trail Segment 12 Project (SB1-Cycle 3: Contract #1) Transit Bus / Active Transportation / Highway $ 25,000 $ 216,743 MED-HIGH Orange
1) Orange County Transportation Authority (OCTA)
2) Caltrans D12 State Route 91 Operational and Multimodal Improvement Project Local Roads / Active Transportation $ 25,000 $ 107,670 MED-HIGH Stanislaus Stanislaus Council of Governments North County Corridor - Phase I Highway / Rail $ 25,000 $ 210,800 MEDIUM San Francisco BATA Bay Skyway Phase I Project (Bay Skyway Phase 1 - West Oakland Link) Active Transportation / Transit Ferry $ 11,000 $ 170,050 MEDIUM Contra Costa Contra Costa Transportation Authority (CCTA) Coordinated Adaptive Ramp Metering (CARM) Highway / Local Roads $ 4,500 $ 40,610 MEDIUM San Diego San Diego Association of Governments (SANDAG) Eastbrook to Shell Double Track Project Rail / Active Transportation / Local Roads $ 25,000 $ 111,543 MEDIUM Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro) Division 8 Zero Emission Bus Charging Infrastructure Project (Equipment) Transit Bus $ 25,000 $ 71,396 MEDIUM Alameda Alameda-Contra Costa Transit District (AC Transit) Purchase Zero-Emission Buses Transit Bus $ 15,000 $ 61,839 MEDIUM (-) Madera
1) Madera County Transportation Commission (MCTC)
2) Caltrans D6 SR 99/233 Chowchilla Multimodal Interchange Improvement Project Highway / Local Roads / Active Transportation $ 11,000 $ 30,000 MED-LOW (+) San Mateo City/County Association of Governments of San Mateo County Hillside Blvd Improvement Project, Phase II Local Roads / Active Transportation $ 4,550 $ 9,100 MED-LOW (+) Santa Barbara Santa Barbara Co Association of Governments (SBCAG) US101 Multimodal Corridor - Segment 4E North - Cabrillo Interchange Highway $ 25,000 $ 150,046 MED-LOW Santa Clara Santa Clara Valley Transportation Authority (VTA) I-280/Wolfe Rd Interchange Improvement Project Highway / Local Roads $ 25,000 $ 120,000 MED-LOW San Francisco City & County of San Francisco (CCSF)
Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $ 5,412 $ 10,825 MED-LOW
San Francisco San Francisco County Transportation Authority (SFCTA) Next Generation Fare Gates at Embarcadero, Montgomery St., and Glen Park Stations Transit Rail $ 5,412 $ 10,825 MED-LOW
San Mateo
1) San Mateo Co Transportation Authority (SMCTA)
2) City/County Association of Governments of San Mateo County US 101 / SR 92 Area Improvements and Multimodal Project - (US101/SR92 Area Improvements) Highway / Local Road / Active Transportation $ 12,803 $ 57,531 MED-LOW Sacramento
1) Sacramento Transportation Authority (STA)
2) Rancho Cordova, City of White Rock Road Safety and Congestion Relief Phase 3 Project Local Road / Active Transportation $ 9,250 $ 24,000 MED-LOW Los Angeles
Los Angeles County Metropolitan Transportation Authority (LA Metro) North Hollywood Transit Center Transit Bus / Active Transportation $ 25,000 $ 62,000 MED-LOW Nevada Truckee, Town of Truckee Railyard Transit Center Transit Bus $ 2,000 $ 4,400 MED-LOW (-) San Francisco
1) City & County of San Francisco (CCSF)
2) San Francisco County Transportation Authority (SFCTA) Transbay Howard Streetscape Project Active Tansportation / Local Roads $ 12,875 $ 55,350 LOW (+) San Francisco
1) San Francisco County Transportation Authority (SFCTA) 2) City & County of San Francisco (CCSF) Transbay Howard Streetscape Project Active Tansportation / Local Roads $ 12,875 $ 55,350 LOW (+) Sacramento Galt, City of Carillion Blvd Safety Improvements Project City of Galt is not an eligible applicant $ 2,100 $ 2,800,000 INELIGIBLE NOT

RECOMMENDED

FOR FUNDING IN
CYCLE 3
June 8, 2023 4 of 42

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BKF ENGINEERS
200 4th Street, Suite 300, Santa Rosa, CA 95401 | 707.583.8500 July 17, 2023
BKF No C20212351-10
Andrew Stricklin, Associate Engineer
Dept. of Public Works
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Transmitted Via Email
Subject: Ukiah East Perkins Widening Project
Additional Service Request No. 2
Bid Document Preparation Support Services
Combined Bidding and Monument Re-Establishment for Perkins Street, Gobbi Street, and Main Street Projects, Known as the
Urban Core Rehabilitation and Transportation Project
Dear Andrew,
BKF is pleased to submit this additional service request for engineering services to provide the City with support related to a combined bid package and a combined monument re-establishment program for the merger of the Perkins Street, Gobbi Street, and Main Street projects. We understand that the City recently received funding from the California CYC Local Partnership Competitive Program Grant that will cover the construction of the three aforementioned projects (now known collectively as the Urban Core Rehabilitation and Transportation Project”) to be merged into a single project for award to a single general contractor. As the design of the improvements for each project have been executed separately, and in the case of Main Street, completed by another design firm, the City has requested that BKF support the merging of the project by preparing a combined bid package, comprised of merged drawings, a single Specification package, and single Engineer’s Cost Opinion/Bid Schedule. Additionally, the City is aware that all three project areas have existing monuments that must be preserved following construction, and that all three areas also have missing centerline monuments. To support construction and future Right of Way retracement, the City is also looking for BKF to provide a Monument Preservation and Re-Establishment Program for these same three project areas. The following scope is presented to address your request for additional services.

Scope of Services
TASK 12: COMBINED PROJECT BID DOCUMENT PREPARATION SUPPORT Under this task, BKF will prepare a comprehensive Plans, Specifications, and Estimate (PS&E) package for bidding and construction. This package will merge together the following separately-prepared pavement rehabilitation and utility replacements projects:
• Gobbi Street Utility Replacement Project (prepared by BKF Engineers) • Perkins Street Intersection Widening Project (prepared by BKF Engineers) • Main Street Utility Replacement Project (prepared by Coastland Civil Engineers) Drawings will be combined under a single cover and will include separate “chapters” associated with each project, under which the complete individually prepared plans will be presented. One set of General Notes will be developed ATTACHMENT 2

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to cover the entire combined project, but project-specific construction notes, legends, and abbreviations will be retained. Construction details for each project will not be merger, and will remain under the cover of each project “chapter” due to the project-specific nature of many of the details.

BKF will utilize Specifications and Engineer’s Cost Opinions, developed for each project, as a starting point for the merger of these documents. Final deliverables to the City will include one (1) combined plan set package, one (1) combined Project Specifications manual, and one combined Engineer’s Opinion of Probable Construction Costs.

These documents will be provided to the City electronically, and can be produced in hard-copy format if requested.

We have included up to eight (8) hours of staff time for meetings and coordination calls with the City to discuss items such as project name and number, measurement and payment approach, project area descriptions, and to identify funding-specifics requirements that will need to be established in the Specifications.

TASK 13: MONUMENT PRESERVATION AND RE-ESTABLISHMENT
Gobbi Street Right of Way Retracement, Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is the understanding of the City and BKF that sections of the Gobbi Street Right of Way have not been previously surveyed, or cannot be retraced from found monumentation, and that retracement of unrecorded or un-monumented sections of right of way will require a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Gobbi Street, and monuments marking some of the side lines of individual properties fronting Gobbi Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eight to ten (8-10) centerline monuments will be set or reset, and one to three (1-3) side line monuments will be reset in the Gobbi Street section of this project.

BKF will utilize boundary information previously collected under the Gobbi Street Utility Replacement Project to expand the right of way retracement to include previously un-surveyed sections of Gobbi Street right of way within the Gobbi Street project limits, and will submit a Record of Survey to the Mendocino County Surveyor’s Office in accordance with Section 8762 of the California Land Surveyor’s Act. Said Record of Survey will document retracement of the Gobbi Street right of way as well as document resetting not more than ten (10) centerline monuments and not more than three (3) side line monuments post construction. BKF will be responsible for resetting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF engineers will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following monument construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract.

Perkins Street Monument Preservation, Monument Re-Establishment and Record of Survey: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the City has approved BKF to submit a Record of Survey to the Mendocino County Surveyor’s Office documenting retracement of the Perkins Street right of way within the project limits. It is understood that said Record of Survey is intended to document retracement of sections of the Perkins Street right of way that have not been previously surveyed, and that retracement of unrecorded sections of right of way requires a Record of Survey in accordance with Section 8762 of the California Land Surveyor’s Act. It is also understood that existing monuments marking the centerline of Perkins Street, and monuments marking some of the side lines of individual properties fronting Perkins Street, exist within the project limits exist, and that permanent monuments must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is also understood that the City would like centerline monuments set or reset at intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that five to seven (5-

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7) centerline monuments will be set or reset, and six to eight (6-8) side line monuments will be reset in the Perkins Street section of this project.

BKF will expand the Record of Survey authorized by the City to document retracement of the Perkins Street Right of Way to also document re-setting not more than seven (7) centerline monuments and not more than eight (8) side line monuments post construction. BKF will be responsible for re-setting side line monuments destroyed during the course of construction, however, BKF will not be responsible for construction of centerline monuments. BKF will be responsible for setting reference points to facilitate construction of centerline monuments by others, and BKF will also be responsible for stamping centerline monuments following construction by others. It is understood that lane closures may be needed during the course of centerline monument referencing, construction and stamping, and the cost of lane closure and centerline monument construction is not included in this contract.

Main Street Monument Preservation, Monument Re-Establishment and Record of Survey: BKF has not previously provided any surveying or engineering services in association with the Main Street Utility Replacement Project, however, it is understood that a retracement of the Main Street right of way within the project limits was performed by Cinquini & Passarino, Inc. (CPI). In an effort to preserve City funds, BKF has decided to partner with CPI on as a subconsultant to utilize the efficiencies that their team would bring for the monument preservation and record of survey work needed on Main Street. It is understood that monuments marking the centerline of Main Street must be reset in order to perpetuate the position of destroyed monuments in accordance with Section 8771 of the California Land Surveyor’s Act. Additionally, it is understood that the City would like centerline monuments set or re-set at centerline intersections previously un-marked by monuments, or marked by monuments destroyed prior to this project. In total it is estimated that eleven (11) centerline monuments will be re-set and six (6) additional centerline monuments will be set at intersections currenting without monuments for the Main Street section of this project.

Following construction, CPI, working as a sub-consultant to BKF, will prepare a Record of Survey to document resetting/new setting of the centerline monuments. CPI will not be responsible for construction of centerline monuments, but will set reference points for monument construction and will provide stamped brass disk for installation at the monuments. It is understood that lane closures may be needed during the course of centerline monument referencing, and the cost of lane closure and centerline monument construction is not included in this contract.

TASK 14: RIGHT OF WAY EASEMENT PREPARATION
Gobbi Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Gobbi Street Utility Replacement Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting seven (7) properties within the project limits.

BKF will prepare not more than seven (7) legal descriptions and plats describing and depicting right of way easements within the Gobbi Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.

Perkins Street Right of Way Easement Legal Description & Plat Preparation: Based upon BKF’s previous work on the Perkins Street Intersection Widening Project, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting ten (10) properties within the project limits.

BKF will prepare not more than ten (10) legal descriptions and plats describing and depicting right of way easements within the Perkins Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF

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will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.

Main Street Right of Way Easement Legal Description & Plat Preparation: Based upon evaluation of the Improvement Plans For: Main Street Utility Improvement Project prepared by Coastland Civil Engineers, it is understood that the sections of the existing and proposed public improvements fall outside existing public right of ways, and it is estimated that the City will need to acquire right of way easements affecting five (5) properties within the project limits.

BKF will prepare not more than five (5) legal descriptions and plats describing and depicting right of way easements within the Main Street project area. BKF will work with the City to determine the limits of easement areas, and will be responsible for preparation of the legal descriptions and plats describing and depicting the easement areas. BKF will not be responsible for preparation of grant documents, easement recording, or facilitating acquisition of easement rights with individual property owners.

OPTIONAL TASK 15: BID AND CONSTRUCTION PHASE SUPPORT SERVICES Bid Support Services: BKF can assist the City during the construction bid solicitation process on an as-needed basis. Bid support services can include the following:
a. Responding to Requests for Information (RFIs) during the bid process b. Assisting the City with issuing bid addendum packages c. Summarizing and tabulating received bids
This scope assumes that BKF would support the bidding of the combined project. We will address design-related questions as they pertain to either the Perkins Street or Gobbi Street project, but will coordinate with Coastland Civil Engineering to facilitate technical design responses for any questions related to the Main Street project.

Construction Support Services: BKF can allocate time to support the Contractor and Design Team during the construction phase of the Perkins Street and Gobbi Street projects. Anticipated services include written responses to RFIs, review of submittals, and drawing revisions as needed. Preparation of record drawings based on the Contractor’s as-builts can also be provided as part of this service. It is assumed that the City will either retain the services of Coastland Civil Engineering for Construction Support for the Main Street project, or will engage the services of a City-authorized third-party Construction Manager to make interpretations of and changes to the Main Street design during construction.

Construction Meetings: BKF can attend site meetings with the Contractor during the construction process.

Anticipated meetings include the following:
a. pre-construction meeting
b. three (3) interim site visits
c. final punch-list walk
Scope Qualifications and Assumptions
BKF’s services are limited to those expressly set forth in the scope. BKF shall have no other obligations or responsibilities for the project, except as provided in this proposal letter, or as agreed to in writing. BKF will provide our services consistent with the professional skill and care ordinarily provided by consultants practicing in the same locality under similar circumstances. Our services shall be limited to those expressly summarized in this proposal and we shall have no other obligations or responsibilities, unless otherwise agreed upon.

As we will be processing design documents from others, the following assumptions apply to our services:
• The City will provide BKF with a digital, signed copy of the Main Street design drawings, special provisions (in word format) and the Engineer’s Opinion of Probable Construction Costs (in excel format) • It is assumed that the City will retain the services of the Main Street designer for bid and construction phase

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support. BKF will not be providing any bid or construction related support regarding the design elements or drawing interpretations for the Main Street project.

Schedule
BKF is able to commence working on this project immediately upon your authorization to proceed. We understand that the combined bid documents need to be completed by the end of September 2023 to allow time for City Council authorization, bidding, and award prior to the end the 2023 year.

Fees for Professional Services
SCOPE OF SERVICES:

BKF proposes to provide the services on a Time & Materials basis as noted in the table below.

TASK DESCRIPTION FEE
12 Combined Project Bid Document Preparation Support $20,492 13 Monument Preservation and Re-Establishment $96,766
14 Right of Way Easement Preparation $50,008
TOTAL CIVIL FEE $167,266
In addition, please budget $1,000 for reimbursable expenses. Reimbursable expenses are anticipated for reproduction, mileage, express and messenger deliveries, and computer deliverable plots. Reimbursable expenses will be billed on a cost plus 10-percent markup basis.

OPTIONAL SERVICES:

At your request, BKF can provide the following optional services on a time and materials not to exceed basis in accordance with the attached rate schedule.

OPTIONAL TASK FEE
Optional Task 15 – Bid and Construction Phase Support Services $33,937 This additional service request is an amendment to our Professional Services Agreement between BKF Engineers and the City of Ukiah, dated February 18, 2022. All terms of said agreement will remain the same except for the scope and fee items explicitly stated herein.

Should you have any questions, or would like additional clarification on any aspect of the scope of work, please feel free to contact me at 707-583-8536.

Respectfully,
BKF Engineers
___________________________
Becky Dower, PE
Project Manager

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Agenda Item No: 8.f.

MEETING DATE/TIME: 8/16/2023

ITEM NO: 2023-2946

AGENDA SUMMARY REPORT
SUBJECT: Award Contract for the Re-Roof of the Grace Hudson Museum to San Francisco Roofing Services, Inc., Authorize a Separate Purchase with Garland for the Roofing Materials, and Approve Corresponding Budget Amendments.

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

1. Spec 23-05 - Grace Hudson Museum Roof Replacement Negotiated Contract

2. San Francisco Roofing

3. Western Roofing Service
Summary: Council will consider awarding a contract to San Francisco Roofing Services, Inc. for the re-roof of the Grace Hudson Museum, approve a separate purchase from Garland for the roofing materials, and approve corresponding budget amendments.

Background: In September of 2020, the City Council awarded a bid for the replacement of the Grace Hudson Museum Roof, Specification No. 20-10. This contract resulted in the installation of a roof that independent inspections by a City retained civil engineer and a civil engineer retained by the roofing manufacturer determined must be removed and replaced before the manufacturer will provide its 30 year warranty. Responsibility for the cost of the replacement is at issue but currently unresolved in pending litigation and confidential mediation proceedings.

Discussion: In March of this year, and as part of the legal process, bids were sought from manufacturerapproved contractors for the complete re-roofing of the Grace Hudson Museum. Please see Attachment 1 for a copy of the bid specifications. Bids were received from two companies: San Francisco Roofing Services, Inc. for the amount of $450,000 (Attachment 2), and Western Roofing Service for the amount of $574,900 (Attachment 3). The bids received exclude the roofing materials, as these will be separately acquired by the City directly from the manufacturer.

The low bidder, San Francisco Roofing, has extended the deadline for accepting its bid to August 18, 2023. This is the second and final extension of the deadline for accepting the bid. Failure to accept the bid could result in the roof in its current condition leaking this winter, as well as increased costs due to inflation of labor and materials. If the bid is awarded, the work will be scheduled and performed to prevent leakage and potential damage to the museum's collections.

For these reasons, Staff recommends awarding the bid to San Francisco Roofing Services, Inc. in the amount of $450,000, and approving the corresponding budget amendment. In addition to being recommended by the roofing manufacturer, the City has also used this contractor for two other successful roofing projects. Approval is also being sought to purchase the roofing materials from Garland at a price not yet known, and approval of a corresponding budget amendment if needed. Staff will come back to the next regularly scheduled meeting to report the purchase if the cost meets the thresholds in the City Code for reporting to the City Council.

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BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20824700.80220.TBD: $0
PROPOSED BUDGET AMOUNT: 20824700,80220.TBD: $450k initially, and additional depending on roof materials.

FINANCING SOURCE: TBD
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Sage Sangiacomo, City Manager, and David Rapport, City Attorney DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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{00245263.1}

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR
GRACE HUDSON MUSEUM ROOF REPLACEMENT – NEGOTIATED CONTRACT SPECIFICATION NO. 23-05

CITY OF UKIAH

DEPARTMENT OF COMMUNITY SERVICES
300 Seminary Avenue
Ukiah, California 95482-5400
ATTACHMENT 1

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{00245263.1}

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

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

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

CITY OF UKIAH

DEPARTMENT OF COMMUNITED SERVICES
MARCH 2023

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{00245263.1} iii Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract

TABLE OF CONTENTS

PAGE
INSTRUCTIONS TO BIDDERS ...................................................................................................................... 7

GENERAL CONDITIONS
SECTION 1. PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS .............................................. 2 1-01. Definitions
1-02. Examinations of Plans, Special Provisions and Site of Work 1-03. Proposal
1-04. Qualification of Bidders
1-05. Disqualification of Bidders
1-06. Identification of Subcontractors
1-07. General Provisions of the Standard Specifications SECTION 2. AWARD AND EXECUTION OF CONTRACT......................................................................... 12 2-01. Bid Evaluation Process
2-02. Rejection of Bids
2-03. Award of Contract
2-04. Execution of Contract
2-05. Notice to Proceed
SECTION 3. SCOPE AND INTENT OF CONTRACT .................................................................................. 13 3-01. Intent of the Contract Documents
3-02. Examination and Verification of Contract Documents 3-03. Contract Drawings
3-04. Coordination and Interpretation of the Contract Documents SECTION 4. BONDS.................................................................................................................................... 14 4-01. Performance Bond
4-02. Payment Bond
4-03. Defective Material and Workmanship Bond
4-04. Notification of Surety Companies
SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS ....................................................... 15 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. Builder’s Risk/Course of Construction Insurance
5-06. Pollution Coverage
5-07. Acceptability of Insurers
5-08. Verification of Coverage
5-09. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ....................................................... 18 6-01. Independent Contractor Status
6-02. Superintendence By the Contractor
6-03. Office of Contractor at Site

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{00245263.1} iv Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 6-04. Indemnity
6-05. Protection of Persons and Property
6-06. Hazardous Chemicals and Waste
6-07. Protection of City Against Patent Claims
6-08. Protection of Contractor’s Work Property
6-09. Regulations, Permits, and Licenses
6-10. Construction Utilities
6-11. Approval of Contractor's Plans
6-12. Suggestions to the Contractor
6-13. Subcontracting
6-14. Lines and Grades
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Cooperation
6-18. Removal of Unsatisfactory Employees
6-19. Labor Code Requirements
6-20. Prevailing Wages
6-21. Cleaning Up
6-22. Guaranty of Work
6-23. Payment of Taxes
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................ 28 7-01. Personal Liability

7.02. Authority of the Engineer
7-03. Inspection
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Differing Site Conditions
7-08. Drawings by the City
7-09. Additional and Emergency Protection
7-10. Suspension of Work
7-11. Termination of the Contract for Cause
7-12. Termination for Convenience by the City
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT .............................................................. 33 8-01. General Quality
8-02. Materials and Equipment Specified by Name
8-03. Source of Materials
8-04. Storage of Materials
8-05. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK .................................................................................................... 34 9-01. Equipment and Methods
9-02. Beginning of Work
9-03. Delays and Extensions to the Work
9-04. Saturday, Sunday, Holiday and Night Work
SECTION 10. PAYMENT ............................................................................................................................. 36 10-01. Schedule of Values
10-02. Progress Payments
10-03. Retention on Progress Payments
10-04. Title

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{00245263.1} v Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 10-05. Final Inspection and Acceptance of the Work
10-06. Final Payment and Claims
10-07. Stop Notice Payments
10-08. Contract Price Adjustments
10-09. Force Account Payment
10-10. Records
10-11. Compensable Delay
10-12. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. DISPUTE RESOLUTION …………………………………………………………………… ... ….45 11-01. Timely Notice of Claim.
11-02. Notice of Potential Claim
11-03. Claims Procedure Pursuant to Public Contract Code Section 9204 11-04. Litigation and Forum Selection
11-05. Waiver
SECTION 12. MISCELLANEOUS ............................................................................................................... 47 12-01. Laws to be Observed
12-02. Rights in Land and Improvements
12-03 Antitrust Claims
12-04. Third Party Rights
12-05. Assignment
12-06. Rights to Drawings and Technical Data
12-07. Gratuities and Conflicts of Interest

TECHNICAL SPECIFICATIONS
SECTION 13. GENERAL INFORMATION .................................................................................................. 49 13-01. Location and Scope of Work
13-02. Arrangement of Technical Specifications
13-03. Arrangement of Plans
13-04. Business Licenses
13-05. Permits
13-06. Temporary Facilities
13-07. Public Convenience and Safety
13-08. Maintaining Traffic
13-09. Stream Pollution
13-10. Warranties
13-11. Utilities
13-12. Preconstruction Conference
13-13. Safety Requirements
SECTION 14. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 15. CONSTRUCTION DETAILS ................................................................................................. 50 SECTION 16. CONSTRUCTION DETAILS ................................................................................................. 50

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 51

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{00245263.1} vi Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract PROPOSAL ............................................................................................................................................. 52 BIDDING SCHEDULE ................................................................................................................................... 55 FAIR EMPLOYMENT PRACTICES CERTIFICATION .................................................................................. 57 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 58 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 59 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 60 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 61 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 62 DISQUALIFICATION QUESTIONNAIRE ...................................................................................................... 63 AGREEMENT ............................................................................................................................................. 64 INDEMNIFICATION AGREEMENT ............................................................................................................... 70 BOND FORMS ……………………………………………………………………………………………………. .. 71 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............. 76 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................. 77

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS

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{00245263.1} 7 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract

INSTRUCTIONS TO BIDDERS
The Grace Hudson Museum Roof Replacement 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.

If an Estimate of Quantities is given in the Contract Documents, the quantities are approximate only, being given as a basis for the comparison of bids, The City does not, expressly or by implication, agree that the actual amount of work will correspond to the estimate. The City reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work.

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.

Examination of Site, Drawings, Etc.

Each Bidder shall examine carefully the Contract Documents and the site of the work and shall fully inform itself with the conditions relating to execution of the work. Failure to do so will not relieve the successful Bidder of its obligation to enter into an Agreement and complete the work in strict accordance with the Contract Documents.

Conditions relating to the execution of work include the requirements of federal, state and local laws, statutes and ordinances relative to the execution of work, including, but not limited to, applicable regulations concerning prevailing wage rates, non-discrimination in the employment of labor, protection of the public and employee health and safety, and environmental protection. The submission of a Bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and scope of work to be performed, the quantities of materials to be furnished and the requirements of the Contract Documents.

Where an investigation of surface topography and/or subsurface conditions has been conducted in areas where work is to be performed, prospective Bidders may inspect the records of such investigations at the City’s offices.

There is no warranty or guarantee, either express or implied, that the conditions indicated by such investigations are representative of those existing throughout such areas, or any part thereof, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered.

The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents.

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at the Grace Hudson Museum, 431 South Main Street, Ukiah, CA 95482.

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Grace Hudson Museum Roof Replacement Negotiated Contract

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. “Acceptance” shall mean documentation attesting to the act of the City Council by which all Work under the Agreement, or a specified portion thereof, is identified as having been completed satisfactorily.
b. “Addenda” shall mean written interpretations or revisions to any of the Contract Documents issued by the City before the bid opening.
c. “Agreement” shall mean the written agreement covering the performance of the Work and the furnishing of labor, materials, tools and equipment in the construction of the Work. The Agreement is a part of the Contract Documents and will include all approved change orders issued after the Agreement is executed by the parties.
d. “Bidder” shall mean any individual, firm, partnership, corporation or combination thereof, submitting a bid for the work contemplated, acting directly or through a duly authorized representative.
e. “Bid Forms” shall mean the approved forms upon which the City requires each Bidder submit its bid with regard to the Agreement.
f. “Change Order” shall mean a written order to the Contractor directing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or Contract Time provided in the Contract Documents and issued after the effective date of the Agreement. A Change Order will not become effective until approved in writing and signed by the City, hereinafter referred to as an "Approved Change Order." An Approved Change Order signed by the Contractor is hereinafter referred to as an "Executed Change Order."
g. "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. h. “Construction Schedule” shall mean a list or graphic display of construction activities required for completing the Work, in a format required by the Contract Documents. The duration, start and finish date, and sequence of the significant activities, critical path, float and milestones must be indicated in the Construction Schedule.
i. “Contract Documents” shall mean those documents that form the basis of the Agreement, including, but not limited to, the Instructions to Bidders, Bid Forms, Bidding Schedule, Schedule of Values, Form of Agreement, Contract Bonds, General Conditions, Supplemental Conditions, Federal Requirements, Prevailing Wages, Insurance Requirements, Technical Specifications, Appendices, Contract Drawings, Addenda, Contractor’s bid, and all Change Orders issued after the execution of the Agreement, and all other documents incorporated by reference in the same.

The State of California, Department of Transportation, 2018 Standard Construction Specifications (the "Standard Specifications") shall apply to the construction work if referenced in the Technical Specifications. However, the Standard Specifications shall not apply as to the change, payment, and dispute resolution provisions applicable to this Agreement. In the event of conflict between the Standard Specifications and the Special Provisions, the Special Provisions will govern. j. "Contract Drawings," and “Contract Plans,” shall mean the identified in the Agreement, showing the character, dimensions, and details of the Work.

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Grace Hudson Museum Roof Replacement Negotiated Contract k. “Contract Price” shall mean the total compensation to be paid to the Contractor in accordance with the terms of the Agreement.
l. “Contract Time” shall mean the number of calendar days, or portion thereof, allowed for completion of the Work, including all authorized time extensions. The effective date for commencement of the Work specified in the Notice to Proceed shall define the beginning of the Contract Time. m. “Contractor” shall mean the individual, firm, partnership, corporation, joint venture or other legal entity that has contracted with the City to perform the Work. The terms "prime contractor" or “general contractor” shall also mean Contractor.
n. "Day" or "days", unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours each.
o. "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.
p. Payment by “Force Account” shall mean payment on the basis of Contractor’s time and materials as further defined herein.
q. “Legal Holidays’ shall mean those days designated as State holidays by the Government Code or declared by the City Council, or otherwise specified in the Contract Documents. r. “Liquidated Damages” shall mean the amount prescribed in the Contract Documents to be paid the City or to be deducted from any payment due or to become due the Contractor for each Day’s delay in completing the Work beyond the time allowed in the Contract Documents. s. “State” shall mean the State of California and its agencies, including the Department of Transportation (“Caltrans”)
t. “Notice of Completion” shall mean a document recorded by the City with the Counter Recorder signifying completion of a work of improvement.
u. “Notice to Proceed” shall mean a written notice given by the City to the Contractor fixing the date on which the Contract Time will commence to run.
v. “Notice of Termination’ shall mean a written notice from the City to the Contractor and its Surety terminating the Agreement or a portion thereof, either for convenience of the City or for default due to the Contractor’s failure to perform its contractual obligations.” w. “Schedule of Values” shall mean the breakdown of the Contract Price that will serve as the basis for Contractor’s Applications of Payment. Any lump sum item included within the Contract Price will be apportioned among values relating to specific components of the Work covered by said lump sum item.
x. “Shop Drawings” shall mean Drawings, plans, diagrams, schedules and other data specifically prepared and submitted to the City by the Contractor, showing in detail: a.) The proposed fabrication and assembly of a special component of the Work; and b.) The installation (form, fit and attachment details) of a special component of the Work. Shop Drawings shall be deemed to include Working Drawings, Product Data, literature, and applicable performance and test data. y. “Subcontractor” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, engaged by the Contractor to furnish services, labor, equipment and materials for a portion of the Work.

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Grace Hudson Museum Roof Replacement Negotiated Contract z. “Submittals” shall mean those documents required to be submitted by the Contractor for review by the City in accordance to the Agreement.
aa. “Substantial Completion” shall mean the Work (or designated portion) is sufficiently complete, in accordance with the Contract Documents, so that the City can safely and conveniently occupy or utilize the Work (or such designated portion) for the use for which it is intended, and as needed for the City to conduct its operation.
bb. “Supplier” shall mean any individual, firm, partnership, corporation, joint venture, or combination thereof, other than employees of the Contractor, that supplies a tangible product as a portion of the Work, with services usually limited to delivery and/or required testing, and with manufacturing, fabrication, or production facilities located off the Work site. cc. “Technical Specifications” shall mean the technical details, requirements, and descriptions of Work to be performed under the Agreement. The Technical Specifications comprise Section 13 and Appendices A and B of the Contract Documents, as may be amended by the City. dd. “Unit Price” shall mean the value established for a single item of work or group of items commonly regarded as a single entity, that is inclusive of all fundamental, direct and incidental costs and exclusive only of costs associated with any other unit price and any lump sum price. ee. "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. ff. “Work Site” shall mean the property on which the Work will be performed, including all staging areas.
gg. “Working Drawings” shall mean original drawings prepared by the Contractor and/or its Subcontractors or Suppliers, of any tier, illustrating Work required for construction that will not become an integral part of the completed Work. This includes, but is not limited to, drawings for temporary structures such as decking, bulkheads, excavation supports, utility support, groundwater control, forming, falsework, access roads, staging areas, and staging plans. A Working Drawing is one type of Shop Drawing.

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 its satisfaction the conditions to be encountered and the character, quality and requirements of the Contract Documents.
1-03. Proposal. Bids shall be made on the Bid Forms prepared by the City and all blank spaces in the Bid Forms must be completed, as required, in ink. All bids shall give the prices bid, both in writing and in figures and shall be signed by the Bidder or its authorized representative, with its address. If Bidder is the sole owner, the bid shall be signed by the owner. If Bidder is a corporation, the legal name of the corporation and its State of incorporation shall be set forth and the Bid shall be signed by at least two officers authorized to sign contracts on behalf of the corporation. If Bidder is a partnership, the true name of the firm shall be set forth, the names and addresses of all partners shall be given and the bid shall be signed by a partner in the firm authorized to sign contracts on behalf of the partnership. If the Bidder is a joint venture, the Bid shall be signed on behalf of each participating company by officers or other individuals who have the full and proper authorization to do so. If the Bid is signed by an agent of

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Grace Hudson Museum Roof Replacement Negotiated Contract the Bidder other than an officer of a corporation or a member of a partnership, a notarized power-of-attorney must be on file with the City prior to opening of bids or must be submitted with the bid. If requested by the City, the Bidder shall promptly submit evidence satisfactory to the City of the authority of the person signing the Bid.

Note the successful Bidder will prepare a Schedule of Values based on the Schedule of Bid Process that will provide additional detail which will be used in conjunction with payment.

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. 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 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.

As a prerequisite to an award of the Agreement, the City will determine whether the low Bidder meets the definition of a “responsible Bidder” as set forth in Public Contract Code Section 1103: “a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” In making this determination, the City may weigh evidence that the Bidder or its 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.
1-05. Disqualification of Bidders. A Bid may be rejected on the basis of a Bidder, any officer of such Bidder, or any employee of such Bidder who has a proprietary interest in such Bidder, having been disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, state or local project because of a violation of law or a safety regulation.

More than one bid from an individual business, partnership, corporation or association or combination thereof, under the same or different names, will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Bidder for the work contemplated may cause the rejection of all Bids in which such individual, firm, partnership, corporation or combination thereof is 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.
1-06. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, supply materials, or render service to the Bidder in or about the construction of the work in an amount in excess of one-half of 1 percent (0.5%)of the Bidder’s total bid. (b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in its bid. If the Bidder fails to specify a subcontractor for any portion of the work, the Bidder agrees to perform that portion of the work itself, and represents that it is qualified to perform that portion of the work itself. 1-07. Non-collusion Affidavit. By submitting a bid, the Bidder represents and warrants that such bid is genuine and not a sham or collusive or made in the interest or on the behalf of any person therein named, and that the

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Grace Hudson Museum Roof Replacement Negotiated Contract Bidder has not, directly or indirectly, induced or solicited any other Bidder to put in a sham bid, or any other person, firm, or corporation to refrain from bidding, and that the Bidder has not in any manner sought collusion to secure the Bidder an advantage over any other Bidder.

All Bids shall be accompanied by an executed non-collusion affidavit in the form required by Public Contract Code Section 7106 provided with the bid documents.

SECTION 2. AWARD AND EXECUTION OF CONTRACT
2-01. Bid Evaluation Process. Bids received shall be evaluated to determine the apparent low Bidder. The apparent low Bidder will be determined on the basis of the Total Bid Price, as shown in the Biding Schedule. If additive or deductive alternates are used in the Bidding Schedule, the apparent low Bidder will be the Bidder with the lowest total of the bid prices for the base contract items, plus the alternates designated by the City as those that will be used for determining the lowest bid price.
2-02. Rejection of Bids. Bids may be rejected if they show such items as: any alteration of form; additions not called for; conditional bids; incomplete bids; erasures; irregularities which make the bids incomplete, indefinite or ambiguous; no acceptable bid security; or if the bid is not properly executed.

To the fullest extent allowed by law, the City reserves the right to reject any and all bids or to waive any irregularities and informalities in any bids or in the bid procedure. 2-03. 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. To the fullest extent allowed by law, the City reserves, in its sole discretion, the right to reject any and all Bids and to waive any informality or irregularity in the Bids received, other provisions in the Contract Documents notwithstanding.
2-04. Execution of Contract. The successful Bidder shall, within fifteen (15) days after receipt of written notice that the Agreement has been awarded, sign and deliver to the City an Agreement in the form hereto, attached together with the Agreement Bonds and insurance certificates as required in the Contract Documents. After receiving the signed Agreement with acceptable bonds and insurance certificates from the successful Bidder, the City will sign the Agreement.

If the Contractor is an individual, the Agreement shall be executed personally by the Contractor. If the Contractor is a partnership, it is desirable that the Agreement be executed by all of the partners, but it may be executed by one of them. If the Contractor is a corporation, it must be executed by two officers of the corporation consisting of (1) the chairman of the board, president or vice president; and (2) the secretary, assistant secretary, chief finance officer, treasurer or assistant treasurer, or by a person authorized by the corporation to execute written contracts on its behalf, and the corporate seal affixed thereto. In the alternative, a person other than an officer may sign the Agreement, provided evidence satisfactory to the City is provided indicating the individual’s authority to bind the corporation. If the corporate seal is not affixed to the Agreement, or if it is executed by a person other than an officer, or only by one officer, there must be attached to the Agreement a certified copy of a resolution of the corporation authorizing such officer or person to execute written contracts for and on behalf of the corporation. If the Contractor is a joint venture, the Agreement must be executed on behalf of each participating firm by officers or other individuals who have the full and proper authorization to do so. 2-05. Notice to Proceed: After execution of the Agreement and submission of Contractor’s performance and payment bonds and certificate of insurance, the City will issue the Notice to Proceed indicating that the Work may commence on the date indicated. Notice to Proceed will be issued within 120 days of Notice to Award, or any longer period agreed upon between the City and Contractor.

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Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 3. SCOPE AND INTENT OF CONTRACT
3-01. Intent of the Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. The intent of the Contract Documents is to describe a functionally complete project to be constructed. When the Contract Documents describe portions of the Work in general terms, but not in complete detail, it is understood that the best general practice shall be followed and only materials and workmanship of the best standard quality shall be used. Any Work, materials or equipment that are customarily provided or that are reasonably inferable from the Contract Documents, as being required to produce the intended result shall be supplied, whether or not specifically called for. When words, which have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.

Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, laws or regulations in effect on the first published date of the Notice Inviting Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of the City or Contractor, or any of their consultants, agents or employees from those set forth in the Contract Documents, nor shall it be effective to assign the City or the Engineer, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the other provisions of the Contract Documents.

The Contract Documents are divided into parts, divisions, sections and articles for convenient organization and reference. Generally, there has been no attempt to divide the specification sections into work performed by the various building trades, work by separate subcontractors, or work required for separate facilities in the project. 3-02. Examination and Verification of Contract Documents. The Contractor shall thoroughly examine and become familiar with all of the various parts of the Contract Documents and shall determine the nature and location of the Work, the general and local conditions (including applicable laws) and all other matters which can in any way affect the cost, progress or performance of the Work under this Agreement. Failure to make an examination necessary for this determination shall not release the Contractor from the obligations of the Agreement. No oral agreement or conversation with any officer, or employee of the City, or with the Engineer either before or after the execution of the Agreement, shall affect or modify any of the terms or obligations contained in the Contract Documents.
3-03. Contract Drawings. The Drawings consist of general drawings and show such plans, elevations, sections, details and schedules as are necessary to give a graphic and pictorial description of the contemplated construction.

All authorized alterations affecting the requirements and information given on the Contract Drawings shall be in writing.
3-04. Coordination and Interpretation of the Contract Documents. These Specifications, the Plans, Special Provisions, and all supplementary Plans, drawings, and other Contract Documents are essential parts of the Contract, and a requirement occurring in one is just as binding as though occurring in all. These documents are intended to be integrated to describe and provide for a complete Work. In the event of a conflict in the Contract Documents, unless expressly indicated otherwise, the governing priorities are as follows:

1. A Change Order.

2. The Agreement.

3. Addenda. Subsequent Addenda shall govern over prior Addenda only to the extent specified.

4. Special Provisions.

5. In case of conflict between the Technical Specifications and the General Conditions, the Technical Specifications shall govern.

6. In case of conflict between Contract Drawings and the Special Provisions, the Contract Drawings shall govern in matters of quantity and the Special Provisions shall govern in matters of quality.

7. In case of conflict within the Contract Drawings involving quantities and quality, Contractor shall furnish the greater quantity and quality material and procedure.

8. In case of conflict within a plan sheet involving figured or numerical dimensions the profile shall govern over the layout.

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Grace Hudson Museum Roof Replacement Negotiated Contract

9. In case of conflict within the Special Provisions involving quality of material or procedure, Contractor shall furnish the higher quality material and procedure.

10. Specific notes shall govern over other notes and other portions of the Plans except Schedules.

11. Larger scale drawings shall govern over smaller scale drawings.

12. Detail plans shall govern over standard plates.

13. Figured or numerical dimensions shall govern over dimensions obtained by scaling.

14. Where provisions of codes, safety orders, Contract Documents, referenced manufacturers’ specifications or industry standards are in conflict, the more restrictive and higher quality shall govern.

The Contractor shall not take advantage of any error, discrepancy or omission in any of the Contract Documents if such error, discrepancy or omission was or should have been apparent to Contractor. As soon as Contractor discovers any apparent error, discrepancy or omission, Contractor shall immediately notify the Engineer, so that the Engineer may make a determination on the matter, which determination shall be final, subject to Contractor’s right to submit a claim in accordance with applicable provisions of the Contract Documents.

The Work shall be performed and completed according to the meaning and intent of the Contract Documents.

In the event of doubt or question arising concerning the true meaning of the Contract Documents or should it appear that the Work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, the Contractor shall submit a Request for Information (“RFI”) to the Engineer for such further explanations as may be reasonable necessary and shall conform to the written explanation given as if part of the Contract Documents. The decision of the Engineer in such cases shall be final.

The Contractor shall anticipate that it will be necessary to prepare and submit RFIs regarding the Contract Documents. The City will respond to each RFI by no later than fourteen (14) days after receipt of the RFI, unless the RFI is of significant complexity. Furthermore, in the event that there are numerous RFIs pending, Contractor shall cooperate with the City in establishing a priority for responding to the RFIs, and potentially some RFIs may be responded to beyond the fourteen (14) day period.

Each RFI prepared by the Contractor shall be full and complete. Contractor shall prepare RFIs so as to not cause any delay to the progress of the Work and to not cause any impact to Contractor’s labor productivity in the field.

Contractor shall not assert any claims for delay or interference against the City if Contractor fails to timely submit any RFI to the City, after consideration of the response period allowed for the City.

The response to an RFI shall not, by itself, constitute a writing that authorizes the Contractor to perform any Work that causes an adjustment to either the Contract Time or the Contract Price. If the Contractor believes that any response to an RFI should constitute a compensable change, the Contractor shall provide a Notice of Potential Claim as provided in Section 11-02, below. The Contractor’s failure to provide the required written notice shall constitute a waiver of the Contractor’s right to seek a compensable changes based on the RFI response.

The Contractor shall examine all Contract Documents; shall verify all figures in the Contract Documents before laying out the Work; shall promptly notify the Engineer of all errors, inconsistencies, and/or omissions that it discovers; and, in instances where such non-conformities are discovered, shall obtain specific instructions in writing from the Engineer before proceeding with the Work. Contractor’s performance of any Work affected by such nonconformities prior to Engineer's decision shall be at the Contractor's risk. Any Work that is customarily provided or that is reasonably inferable shall not relieve the Contractor from performing such work at no additional expense and/or delay, and such Work shall be performed as if fully set forth in the Contract Documents SECTION 4. BONDS
4-01. Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a performance bond (see attached City form) in an amount of 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City.

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Grace Hudson Museum Roof Replacement Negotiated Contract 4-02. Payment Bond. As a part of the execution of this contract, the Contractor shall furnish a payment bond (see attached City form) in a sum not less than 100 percent of the total Contract Price, as this sum is set forth in the agreement, executed by a surety specified in California Code of Civil Procedure section 995.310 and otherwise acceptable to the City.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final Contract Price, to hold good for a period of one (1) year after the completion and Acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time.

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

SECTION 5. INSURANCE REQUIREMENTS FOR CONTRACTORS
At the time of execution of the Agreement, the Contractor shall, at its own expense, 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, its 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), covering all operations by or on behalf of the Contractor and providing insurance for the limits of liability indicated below.

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 by accident; $1,000,000 policy limit for bodily injury by disease; and $1,000,000 each employee for bodily injury by disease.

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

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Grace Hudson Museum Roof Replacement Negotiated Contract 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, agents, 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. The additional insured endorsement for the general liability policy shall be at least as broad as CG 2010 10 01 combined with CGL Endorsement CG 2037 10 01. All endorsements must be approved in writing by the City. General Liability endorsements must include coverage for ongoing and completed operations, which coverage shall be maintained for four (4) years following completion of the Project.

2. Contractor’s Commercial General Liability Insurance shall include coverage or endorsements for (1) Premises and Operations; (b) Produces and Completed Operations; (c) Broad form property damage (including completed operations); (d) explosion, collapse, and underground hazards; and (e) personal injury liability. Such insurance shall specifically cover the contractual liability of Contractor.

3. 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.

4. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, agents, 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. This shall be evidenced by such separate endorsement (CG 20 01 04 13 or an equivalnet0 or section of the policy.

5. Any available insurance proceeds in excess of the specified minimum insurance coverage requirements and limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified herein; or (2) the fully coverage and maximum limits of any insurance proceeds available to het named insureds, whichever is greater.

6. Liability insurance coverage may not be written on a “claims made” or modified occurrence basis. The Certificate of Insurance must clearly provide that the coverage is on an “occurrence” basis.

7. 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.

8. 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.

9. If there is an exposure to Contractor’s employees under the U.S. Longshoremen’s and Harbor Worker’s Compensation Act, the Jones Act, or other Federal Acts or under laws, regulations, or statutes applicable to maritime employees, Contractor’s Worker Compensation and Employer’s Liability Insurance coverage shall be included for such injuries or claims.

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{00245263.1} 17 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 5-05. Builder’s Risk/Course of Construction Insurance. The Contractor shall be responsible for all loss, damage, or destruction whatsoever to the work called for by this Contract until the approval of a Notice of Completion.

The Contractor shall secure “All Risk” type of Builder’s Risk Insurance of the type covering one hundred percent (100%) of the value of the work performed under this Contract (the value is presumed to be the Contract amount unless otherwise stated) and all materials, equipment, or other items to be incorporated therein while the same are located at the construction site, a bonded warehouse, or its place of manufacture. At any time, the policy shall cover the value of the work completed. The policy shall cover hazards included the losses due to fire, explosion, hail, rain, lightning, flood (separate insurance as needed), vandalism, malicious mischief, wind, collapse, aircraft, and smoke.

The policies providing such insurance shall name the City as a loss payee as its respective interests may appear, and certified copies of such policies shall be filed with the City. The maximum deductible allowed under the Builder’s All Risk Policy shall be five percent (5%) of the Contract amount.

Builder’s Risk Insurance is not required for coverage of losses in excess of five percent (5%) of the Contract amount for damages resulting from earthquake in excess of a magnitude of 3.5 on the Richter scale, or tidal waves.

Coverage in the amount of five percent (5%) of the Contract amount for such losses is required. 5-06. Pollution Coverage. Contractor shall procure pollution liability coverage or other insurance covering claims for bodily injury or property damages arising out of the abatement, removal, storage, transportation, or other exposure to hazardous materials or pollutants, in limits not less than $2,000,000. Contractor shall add the City and all parties required to be indemnified by Contractor as additional insureds on all pollution liability policies. 5-07. 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
5-08. 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. 5-09. 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. Independent Contractor Status. The Contractor shall independently perform all Work required by the Contract Documents and shall not be considered as an agent or employee of the City, nor shall the Contractor’s Subcontractors or employees be considered as subagents of the City.

The Contractor and the Contractor’s Subcontractors shall be licensed in accordance with the laws of the State of California and as more particularly described in the bidding documents or elsewhere in the Contract Documents. 6-02. Superintendence By the Contractor. The Contractor shall supervise and direct the Work, which shall be performed in accordance with the requirements of the Contract Documents. The Contractor shall be solely responsible for implementation of all construction means, methods, techniques, sequences, and procedures and for coordination of all portions of the Work under the Agreement. The Contractor shall be solely responsible for the

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{00245263.1} 18 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract safety of its employees, Subcontractors of any tier, Suppliers, visitors to the Contractor, and other third parties associated with the Contractor.

Before issuance of the Notice to Proceed, the Contractor shall designate, in writing, the Project Manager, Site Superintendent and Safety Officer for Contractor on the project. The City must approve each of these three positions before issuance of Notice to Proceed. Instances of misconduct, contract non-compliance, unsatisfactory performance, or incompetence by these personnel shall be grounds for the City to direct Contractor to dismiss them from the project; Contractor shall immediately comply with the City’s request, at no cost to the City, and shall designate a replacement according to the above designation procedure.

Superintendent shall be assigned to the site full time and the Project Manager shall be present at the work site whenever actions of the elements necessitate its presence to take measures necessary to assure contract compliance and to protect the Work, persons or property. Any order or communication given to the Project Manager or Site Superintendent shall be deemed delivered to the Contractor.

If requested by the Engineer, Contractor shall provide daily reports signed by Contractor’s Superintendent indicating the location and description of operations and details of the equipment and labor used to perform the items of Work.

Such details shall include the description of the items of Work, names and classifications of laborers, hours worked, description of equipment used, equipment numbers, and hours equipment are in use, and hours equipment may be idle.

When the Contractor has more than one construction contract with the City, each contract shall have independent field offices, field staff, and superintendence.

Additional requirements for superintendence or project staffing may be included in the Technical Specifications. 6-03. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work. The Contractor shall keep one copy of all Contract Documents (including Change Orders), approved Shop Drawings, correspondence, meeting minutes, approved progress payments, and all other records relating to the Work at the work site. These records shall be maintained in good order, and they shall be available to the City and its authorized representatives for review, inspection and copying. 6-04. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless the City and its officers, directors, employees, and agents, including the Engineer, and the successors and assigns of any of them (collectively referred to as “Indemnitees”) from and against all claims, demands, liability, suits, actions, costs or expenses for any and all loss or damage, including, but not limited to, personal injury, property damage, or economic loss, arising from or resulting from allegations of (1) Contractor’s use of the City’s property or any activities or Work performed hereunder by Contractor; (2) Contractor’s performance of het Work under the Agreement; or (3) Contractor’s breach of any provision of the Agreement,. The duty of Contractor to indemnify and save harmless includes the dues to defend as set forth in Section 2778 of the civil Code. The only exception to these provisions is that Contractor’s obligations under this section will not apply to the extent that claims, demands, liability, suits, actions, costs or expenses are caused by Indemnitees’ active negligence, willful misconduct, criminal acts, or for defects in design furnished by the Indemnitees. Contractor waives any and all rights to any type of express or implied indemnity against Indemnitees. This indemnity shall survive termination or Acceptance of the Agreement.

Any person, firm or corporation that Contractor authorizes to work on the city’s property, including Subcontractors, shall be deemed to be an agent of the Contractor for purposes herein, shall be subject to all the applicable terms herein, and shall be within the scope of Contractor’s Indemnity obligation described herein. 6-05. Protection of Persons and Property. The Contractor shall assume all responsibility for public safety during performance of the Work, and all costs arising therefrom shall be included in the Contract Price. Whenever the Contractor’s operations create a condition hazardous to traffic or to the public, it shall furnish such, erect and maintain, at its expense, such fences, signs and other devises, and take such other protective measures as are necessary to prevent accidents or damage or injury to the public. The Contractor shall establish the pedestrian detours with comparable lighting to the original pedestrian areas. The Contractor shall arrange for such flaggers as are necessary to give adequate warning to traffic or to the public of any dangerous conditions affecting traffic. For

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{00245263.1} 19 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract Work in a public right-of-way, the Contractor shall comply with the rules and regulations of the State, County, or local entity, including the City, that owns that right-of-way.

The Contractor shall promptly and fully comply with and carry out, and shall without separate charge therefor to the City, all safety and first aid requirements prescribed by all applicable Federal, State and local laws and regulations, rules and orders. The Work shall be done in a safe manner; and Contractor shall safeguard the safety and health of its employees, Subcontractors, and the people of local communities. Contractor shall also be responsible for ensuring that its Subcontractors comply with the provisions of this section.

Upon the failure of the Contractor to comply with any of the requirements of this section, the City shall have the authority, but not the duty, to stop the Work until such failure is remedied. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price due to any such suspensions.

When required by the Contract Documents, the Contractor shall construct, maintain and remove detours for the use of public traffic, without additional cost to the City.

The failure or refusal of the Contractor to construct and maintain detours at the proper time shall be sufficient cause for closing down the work until such detours are in satisfactory condition for use by public traffic.

Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities, adjacent property and trees, shrubs and other plants that are not to be removed.

Trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines, sewer and waterlines, highway facilities, and any other improvements or facilities, under or above ground, that are within or adjacent to the work limit line shall be protected from injury or damage, and the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work site, or as good as required by the Contract Documents if any such objects are a part of the Work. The City may make or cause to be made such temporary repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor, and the costs may be deducted from any monies due or to become due to the Contractor under the Agreement. 6-06. Hazardous Chemicals and Wastes. The Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous chemicals or substances during the course of the Work. The Contractor shall immediately report any such release to the City. The Contractor shall be solely responsible for all claims and expenses associated with the response to, removal and remediation of the release, including, without limit, payment of any fines or penalties levied against the City by any agency as a result of such release and shall hold harmless, indemnify and defend the City from any claims arising from such release. For purposes of this section only, the term “claims” shall include:

1. All notices, orders, directives, administrative or judicial proceedings, fines, penalties, fees or charges imposed by any governmental agency with jurisdiction, and

2. Any claim, cause of action, or administrative or judicial proceeding brought against the City, its directors, employees, and agents for any loss, cost (including reasonable attorney’s fees), damage or liability, sustained or suffered by any person or entity, including the City.

If the performance of the Work creates any hazardous wastes, those wastes shall be properly disposed of according to federal, state and local laws, at the expense of the Contractor. The Contractor shall dispose of the wastes under its own EPA Generator Number. In no event shall the City be identified as the generator. The Contractor shall notify the City of any such hazardous wastes and the City reserves the right to a copy of the results of any tests conducted on the wastes and, at its cost, to perform additional tests or examine those wastes, prior to its disposition. The Contractor shall hold harmless, indemnify and defend the City from any claims arising from the disposal of the hazardous wastes, regardless of the absence of negligence or other malfeasance by Contractor.

Disposal of all Hazardous Materials must be done in accordance with all laws and regulations. Copies of a required regulatory documentation including copies of final manifests shall be supplied to the City.

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{00245263.1} 20 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 6-07. Protection of City Against Patent Claims. The Contractor shall assume all costs arising from the use of patented materials, devices or processes, used on or incorporated in the Work and shall indemnify and save harmless the City, together with all of its officers, agents, servants and employees from all suits at law, or actions of every nature for, or on account of the use of patented materials, equipment, devices, processes. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or costs.

In the event such materials, equipment, devices or processes are held to constitute an infringement and their used enjoined, the Contractor, at its expense shall:

1. Secure for the City the right to continue using said materials, equipment, devices or processes by suspension of the injunction or by procuring a license or licenses, or

2. Replace such materials, equipment, devices or processes, or

3. Modify them so that they become non-infringing or remove the enjoined materials, equipment, devices, or processes and refund the sums paid therefor without prejudice to any other rights of the City. 6-08. Protection of Contractor's Work Property. The Contractor shall protect its work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under its 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. 6-09. Regulations, Permits and Licenses. The Contractor acknowledges and agrees that, prior to submission to its bid for the work, it fully familiarized itself with the requirements of all federal, state, county, and municipal laws, codes, rules, and regulations, as well as the conditions of any required licenses and permits.

The Contractor shall secure for all permits and licenses, including any applicable building permits (except those procured by the City), pay all charges and fees, and give all required notices necessary and incidental to the prosecution of the Work. Contractor shall be responsible for applying, paying all fees, and coordination for obtaining all permits for completion of 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.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State, the City, or other local agencies in connection with performing the Work. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations, and all permits, licenses and other authorizations shall be obtained in sufficient time to prevent delays to the Work.
6-10. Construction Utilities. The Contractor shall be responsible for providing all necessary utilities, including but not limited special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, and shall be responsible for payment of the same. For temporary utility services, the Contractor shall make its own arrangements with utility companies and pay all costs of these services directly to these utility organizations. 6-11. 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 or otherwise shall not relieve the Contractor of any responsibility for errors therein and is not assumption of risk or liability by the City or any officer or employee thereof. The Contractor shall have no claim 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, at Contractor’s sole responsibility and risk, the plan or method proposed by Contractor. 6-12. 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.

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{00245263.1} 21 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 6-13. Subcontracting. The Contractor shall give its personal attention to the fulfillment of the Contract Documents and shall keep all Work under its control.

Nothing in the Contract Documents shall create any contractual relationship between the City and any subcontractor. The Contractor is fully responsible to the City for the acts and omissions of its Subcontractors of any tier.

When a portion of the Work, which has been subcontracted by the Contractor, is not being prosecuted in a manner satisfactory to the City, the Subcontractor shall be removed immediately upon the request of the City, and shall not again be employed with respect to the Work.

All requested substitutions of Subcontractors listed in the Contractor’s Bid shall comply with Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 to 4114, inclusive).

The on-site production of materials produced by other than the Contractor’s own forces shall be considered as subcontracted. The erection, establishment or reopening of on-site plants for production of materials and the operation thereof in the production of materials for use on the Work shall conform to the requirements relating to labor set forth in the Contract Documents.

The Contractor shall be responsible for coordinating the work performed by Subcontractors and Suppliers.

The Contractor shall pay any Subcontractors approved by the City for work that has been satisfactorily performed no later than ten (10) days from the date of Contractor’s receipt of progress payments by the City. Within seven (7) days after receipt from the City of funds attributable to work performed by a Subcontractor, Contractor shall release any retainage payments withheld to the Subcontractor. In the event the Contractor does not make progress payments or release retentions to the Subcontractors in accordance with the time period(s) specified herein, the Contractor may be subject to prompt payment penalties per statute. 6-14. Lines and Grades. The Contractor shall perform all construction staking using a land surveyor licensed in the State of California. The Contractor shall provide a staking plan prior to commencement of the Work for the City’s review, shall preserve and maintain monuments, bench marks, reference points and stakes, and shall update the plan as necessary. The Engineer may verify the field condition. In case of destruction, the Contractor shall replace all monuments, stakes, reference points and bench marks and the Contractor shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Errors or inconsistences in the Contract Documents discovered by the Contractor shall be reported to the Engineer within 24 hours and prior to construction forms or related improvements. Any work installed without this requirements shall be subject to removal and replacement at the Contractor’s expense.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the Work, without delay, all rejected materials or structures brought to or incorporated in the Work. If the Contractor fails to do so, or to make satisfactory progress in doing so within forty-eight (48) hours after the service of a written notice from the Engineer, the rejected material or work may be removed by the City and the City may deduct the cost of such removal from any payments that are due or may become due to the Contractor. Contractor shall not use any such rejected material in the performance of the 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 its compliance with such requirements. 6-17. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workers 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 workers. The Contractor shall make good promptly, at its own expense, any injury or damage that may be sustained by other contractors or employees of the City caused by Contractor.

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{00245263.1} 22 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract Any difference or conflict which may arise between the Contractor and other contractors, or between the Contractor and workers 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. 6-18. Removal of Unsatisfactory Employees. The Contractor and Contractor’s Subcontractors shall, on the site of the Work, employ only such competent persons skilled in their respective lines of work. Whenever the Engineer notifies the Contractor that any person employed by or representing Contractor or any Subcontractor on the Work is, in the Engineer’s opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to or otherwise threatens or abuses any City employee or representative or nay member of the public, or is otherwise unsatisfactory, Contractor shall remove or require its Subcontractor to remove the person from the Work and shall not return that person to the Work except with the consent of the Engineer.
6-19. Labor Code Requirements. At its own expense, the Contractor shall comply with all laws, rules, and regulations that pertain to Contractor’s work force. Attention is directed to the following requirements of the California Labor Code.

1. Hours of Labor. Eight hours labor constitutes a legal day's work. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the Agreement is made or awarded, forfeit $25 for each worker employed in the performance of the Agreement by the Contractor or any subcontractor under Contractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code Section 1813. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of the Labor Code and notwithstanding any stipulation inserted in any contract pursuant to the requirements of these sections, work performed by employees of the Contractor or subcontractor in excess of 8 hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of 8 hours per day and in excess of 40 hours during any one week at not less than 1½ times the basic rate of pay, as provided for in Section 1815. In addition, contractor/subcontractor may be required to pay double the basic rate of pay for all hours worked in excess of 12 hours in any workday and under other circumstances. (See California Code of Regulations sections 16100(c)(6), 16200(a)(3)(F) and applicable prevailing wage determinations.)

2. Labor Non-Discrimination. Section 1735 of the Labor Code states that the Contractor shall not discriminate in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status of such persons, except as provided in Section 12940 of the Government Code.

3. Payroll Records. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for compliance with these provisions by its subcontractors. a. The Contractor and each subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury, stating both of the following:
i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

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{00245263.1} 23 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. ii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement of the Department of Industrial Relations. iii. A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof. However, a request by the public shall be made through either the City, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (ii), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public may not be given access to the records at the principal office of the Contractor.
c. Unless required to be furnished directly to the labor Commissioner in accordance with paragraph (iii) of subdivision (a) of section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records may consist of printout of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
d. Contractor and each subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request.
e. Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the City or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or the subcontractor performing the contract shall not be marked or obliterated.

Any copy of records made available for inspection by, or furnished to, a multiemployer TaftHartley trust fund (29 U.S.C. Sec. 186 c(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
f.
i. Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records of certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individuals’ name, address, and social security number. ii. An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. g. Contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city and county, and shall,

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{00245263.1} 24 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract within five working days, provide a notice of a change of location and address. h. The Contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period he or she shall, as penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. i. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
j. The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
k. The director shall adopt rules consistent with the California Public Records act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (title 1.8 (commencing with section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.

4. Apprentices. The Contractor shall fully comply with the requirements of Sections 1777.5 and 1777.6 of the California Labor Code and the regulations of the California Apprenticeship Council. In accordance with Section 1777.5, the Contractor shall secure the necessary certificates and shall contribute to the apprenticeship fund or funds, as provided for therein. The Contractor shall require each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work to comply fully with Sections 1777.5 and 1777.6 of the Labor Code. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the State Division of Apprenticeship Standards and its branch offices.
6-20. Prevailing Wages.

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. This Agreement may be subject to both federal and state prevailing wage laws. The federal requirements (Davis-Bacon Act) will be provided if applicable. The state requirements are set forth herein. To the extent the contract provisions required by the Federal and State law are inconsistent, the Contractor is responsible for complying with the more comprehensive or strict requirements.

2. The Contractor and any Subcontractor shall comply with the California Labor Code Sections 1774 and 1775. In accordance with said Section 1775, Contractor and any subcontractor under Contractor shall forfeit as a penalty to the state or the City not more than $200 for each calendar day or portion thereof, for each worker paid less than the prevailing rate as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for under the Contract by the Contractor or, except as provided in Subdivision (3), below, by any subcontractor under the Contractor.

The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following: (i) whether the failure to pay the correct rate of per diem wages was due a good-faith mistake, and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor; and (ii) whether the Contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations.

The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the Contractor or subcontractor to pay

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{00245263.1} 25 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the Contractor or subcontractor.

The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned.

The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1.

If the amount due under this section is collected from the Contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.

The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.

In addition to said penalty, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less that the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.

3. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable for any penalties described above unless the Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:
(a) The contract executed between the Contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of Sections 1771, 1776, 1777.5, 1813, and 1815 of the Labor Code.
(b) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
(c) Upon becoming aware of the subcontractor’s failure to pay his or her workers the specified prevailing rate of wages, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public work project.
(d) Prior to making final payment to the subcontractor for work performed on the public works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amount due pursuant to 1813 of the Labor Code.

4. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate per diem wages.

5. Pursuant to the provisions of Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages applicable to categories of workers the City anticipates will be utilized for this project for straight time, overtime, Saturday, Sunday and holiday 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 workers concerned, or if no collective bargaining applies, those holidays identified in Government Code Section 6700. Prevailing wage rates for this project are available at the Financial Services Manager’s office, located at 411 West Clay Street, Ukiah, CA 95482. In the event that the Contractor intends to utilize categories of workers different from, or in addition to, those anticipated by the City, it shall be Contractor’s responsibility to bring such categories of workers to the City’s attention

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{00245263.1} 26 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract immediately, and to obtain the appropriate wage rate from the Department of Industrial Relations (with the City’s assistance if necessary). (See Title 8 California Code of Regulations Section 16202.) The Contractor shall post general prevailing wage rates at a prominent place at the site of the work.

6. Pursuant to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204, changes in general prevailing wage determinations shall apply to the project only if issued by the Director of Industrial Relations prior to the City’s bid issuance date.

7. City will not recognize any claim for additional compensation based on the payment by the Contractor of any increased wage rate required during the term of the Agreement to the state prevailing wage rate, or the federal minimum wage rate. The possibility of wage increases during the course of the Agreement is one of the elements to be considered by the Contractor in determining the bid and any such wage increases will not, under any circumstances, be considered as the basis for a claim against the City.

8. When both California and Federal prevailing wage rates apply, the Contractor and any subcontractors shall pay their workers the higher of the two rates. The Contractor and any subcontractors shall insert this clause in any lower tier contract.

9. Pursuant to Labor Code Section 1771.1(b), notice is hereby given that a contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in Labor Code Sections 1720, et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 6-21. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash, debris, garbage, or waste material, but shall maintain the site in a neat, orderly, safe and healthful condition until completion and Acceptance of the Work. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

Before final inspection of the Work, the Contractor shall clean the work site and all ground occupied by Contractor in connection with the Work of all rubbish, excess materials, falsework and temporary structures and equipment. All parts of the Work shall be left in a neat and presentable condition. Contractor shall implement a program of proper cleaning and “housekeeping” practices, employee training and other measures as needed to consistently maintain a clean Work site and shall at all times take all measures necessary to protect work in place and materials and equipment stored on site from contamination by dust, dirt, debris or mold. Full compensation for cleaning up and protection of work, materials and equipment is included in the prices paid for the various Contract items of work, and no separate or additional payment shall be made for cleaning up and protection of work, materials and equipment.
6-22. Disposal of Material Outside the Work Site. Unless otherwise stated elsewhere in the Contract Documents, the Contractor shall, at its own cost and expense, make its own arrangements for disposing of materials outside the work site.

When any material is to be disposed of outside the work site, the Contractor shall first obtain written permission from the City to dispose of the material at the intended location. The City’s approval will be contingent upon Contractor obtaining a written permit from the property owner on whose property the disposal is to be made. Prior to the disposal of any material at the intended location, Contractor shall submit said permit or a certified copy thereof to the City, together with a written release from the property owner absolving the City from any and all responsibility related to the disposal of material on said property.

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{00245263.1} 27 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract 6-23. Guaranty of Work. Notwithstanding inspections and Acceptance by the City of Work furnished under the Contract Documents, the Contractor warrants that all materials and equipment furnished will be of good quality and new, that the Work will be free of defects in material or workmanship, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not property approved and authorized, may be considered defective.

This warranty by the Contractor is in addition to any warranties or guarantees required elsewhere in the Contract Documents. This warranty shall be in effect notwithstanding any disclaimers, or limiting or conditional terms contained in such separate warranties furnished by manufacturers or suppliers.

The Contractor agrees to correct all defective Work discovered by the City during a period of one year from the date of acceptance of the Agreement by the City or Relief from Maintenance, whichever occurs first, or for such periods of time as set forth elsewhere in the Contract Documents. In addition to making corrections, repairs and/or replacements of any defective Work, Contractor shall correct, repair and/or replace any components of the Work that are damaged as a result of such defective materials, equipment and/or workmanship. Such corrective work shall be at the sole expense of the Contractor and shall be performed in a timely manner at the reasonable convenience of the City.

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 its agent, the Contractor shall neglect to commence 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 10 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.

All warranties set forth in the Contract Documents shall be deemed cumulative and not alternative or exclusive.

Nothing contained in this Section shall be construed to establish a period of limitation with respect to any other obligation, which Contractor has under the Contract Documents or under any separate warranty or guaranty required thereby. The establishment of a specific warranty period relates only to the specific obligation of Contractor to correct defective Work, and it has no relationship to the time within which its obligation to comply with the Contract Documents or applicable provision of law may be sought to be enforced, nor to the time within which proceedings may be commenced to establish Contractor’s liability with respect to its obligations other than specifically to correct the Work. Without limiting the foregoing, it is understood and agreed that Contractor shall remain responsible for latent defects with its work, regardless of the expiration of any warranty period set forth in the Contract Documents.
6-24. Payment of Taxes. Contractor shall pay all taxes and duties applicable to and assessable against any Work, equipment, materials, services, processes, and operations incidental to or involved in the Agreement, including but not limited to, retail sales and use, transportation, export, import, business, and special taxes. The Contractor is responsible for ascertaining and acquainting itself with such taxes and making all necessary arrangements to pay them. The Contractor will maintain records that are auditable records, and these records shall be subject to the City’s review to verify that Contractor’s tax payments are current at all times.

The Contract Price shall include full compensation for all taxes, which the Contractor is required to pay, whether imposed by Federal, State or local government, including, without being limited to, Federal excise tax. No tax exemption certificate or any document designed to exempt the Contractor from payment of any tax will be furnished to the Contractor by the City, as to any tax on labor, services, materials, transportation, or any other items furnished pursuant to the Agreement.

The Contractor shall withhold and pay any and all sales and use taxes, withholding taxes, whether Federal, State or local, Social Security taxes, State Unemployment Insurance charges and all other taxes which are now or hereafter may be required to be paid or withheld under any laws.

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{00245263.1} 28 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY
7-01. Personal Liability. Neither the City’s Council members, City Manager, Officers, Agents, Representatives, nor Employees shall be personally responsible for any liability arising under or by virtue of this Agreement. 7-02. Authority of the Engineer. The City has the final authority in all matters affecting the Work covered by the Contract Documents.

With respect to Contractor’s performance of the Work, the Engineer shall have the authority to enforce compliance with the Contract Documents. In accordance with the Contract Documents, the Contractor shall promptly comply with all instructions from the Engineer, and the Engineer shall have the authority to enforce and make effective such decisions and orders in the even the Contractor fails to promptly carry out the same.

The Engineer’s estimate and decision in all matters shall be final and binding, and shall be a condition precedent to any payment under the Contract Documents.
7-03. Inspection. The City and all of its representatives, including but not limited to the Engineer, shall at all times have safe access to the Work and shall be furnished with every reasonable facility for ascertaining that the workmanship and materials are in accordance with the requirements and intentions of the Contract Documents. All Work done and all materials furnished shall be subject to the Engineer’s on-site and off-site observation.

Contractor shall give notice not less than three (3) working days in advance of the beginning of the work on any such material or of the beginning of any such test to allow the Engineer to make arrangements for inspecting and testing or witnessing the inspection or testing, if such inspection and testing or witnessing are deemed beneficial by the Engineer or are required by the Contract. The observation and/or approvals of the workmanship or materials by the Engineer shall not relieve the Contractor of any obligation to fulfill the requirements of the Contract documents.

Workmanship and materials not meeting such requirements shall be corrected, and unsuitable Work or material may be rejected, notwithstanding that such Work or materials have been previously observed and/or approved by the City, or that payment therefor has been included in a progress estimate.

If the Engineer considers it proper and practicable, the Engineer will, at the written request of Contractor, cause materials intended for use in the Work to be inspected at the point of production or manufacture. The Engineer may at any time cause such an inspection, however, it will not be undertaken until the Engineer is assured of the cooperation and assistance of both Contractor and the material producer. The Engineer or the Engineer’s authorized representative(s) will have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. Notwithstanding the foregoing, the City shall have no obligation to inspect materials at the source of supply.

Unless authorized by the Engineer, any work done in the absence of an Inspector that is completed or in progress shall be subject to inspection. If required by the Engineer, Contractor shall furnish all tools, labor, materials, and other facilities necessary to make such inspection, even to the extent of uncovering or taking down portions of the finished work. Contractor shall pay the cost of such inspection and removing any defective work and performing any necessary reconstruction.

The Engineer may order re-examination of questioned Work at any time before final Acceptance. If so ordered, the Contractor shall uncover the Work. If such work is found to be in accordance with the Contract Documents, the City will pay for the cost of uncovering, removing, recovering and replacing the parts removed; but if such Work so exposed or examined is not in accordance with the Contract Documents, the uncovering, removal, recovering and replacement shall be at the Contractor's expense. Work that has been covered prior to observation by the City, does not qualify as re-examined work; the City may order such work uncovered for observation without payment of any costs.
7-04. Rights-of-Way. To the extent indicated in the Contract Plans, the City will provide the rights-of-way over private lands or the site to enable the Contractor to perform its work. Contractor shall be solely responsible for securing any additional rights-of-way desired by the Contractor. The City will not be a party to nor assume any liability for any separate agreements reached between Contractor and any third parties with respect to these additional rights-of-way. The Contractor shall produce evidence that agreements are in place with said third parties

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{00245263.1} 29 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract before the Contractor uses those areas covered by the agreements. Any damage to such private lands caused by Contractor’s operations shall be the sole responsibility of Contractor. 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 Contract Documents, and if the defect is not of sufficient magnitude or importance to make the Work or any portion of the Work dangerous or undesirable, the Engineer may, but is not obligated to, retain such work instead of requiring the work to be removed and reconstructed. The Engineer may make such deduction from the payments due or to become due the Contractor as may be determined appropriate by the Engineer to account for the defect or pay the City’s costs of removal and reconstruction. 7-06. Changes in the Work. The City, without invalidating this Agreement and without notice to Contractor's surety, may order changes in the Work, consisting of additions, deletions, or other revisions. The Contract Price and the Contract Time shall be adjusted accordingly. All such changes in the Work, including changes in the Contract Price and the Contract Time, shall be authorized only by Contract Change Order, signed by the City. If Contractor claims that performance of any work entitles it to additional compensation or to an extension of the time for performance of the Work, Contractor shall provide written notice to the City of any such claim prior to undertaking such work. Contractor shall provide written notice of any anticipated impacts to the Contract Price or Contract Time within three (3) days of discovering such impact, by submitting the Notice of Potential Claim described in Section 11-02, below, or notice of delay as described in Section 9-02, below. If the City refuses to issue a Change Order for such work, Contractor shall perform that work if directed or obligated to do so and shall submit a complete and specific claim for additional compensation and/or extension of the time for performance within fifteen (15) days after such work is performed. Failure to provide written notice of claim prior to undertaking such work, or failure to submit timely a complete and specific claim for additional compensation and/or extension of the time for performance, shall be deemed a waiver and abandonment of any such claim. No claim, dispute or controversy shall interfere with the progress or performance of the Work and Contractor shall proceed with the Work as directed by the City. Failure to so proceed shall amount to a default under this Agreement.

Any changes will be set forth in a written Contract Change Order issued by the City. The Contract Change Order will specify:
(1) the Work to be done in connection with the change to be made; (2) the amount, if any, of the adjustment of the Contract Price, and the basis for compensation for the changed work ordered; and
(3) The extent of the adjustment in the Contract Time, if any.

A Contract Change Order shall not become effective until an authorized representative of the City has signed it.

Upon receipt of an approved Contract Change Order, the Contractor shall promptly proceed with the ordered work, unless otherwise provided in the approved Contract Change Order, or unless Contractor was previously directed to perform the work, in which case Contractor will track the work as provided in the Section 10-09 below.

A Contract Change Order signed by both parties is an “executed Contract Change Order.” By signing the Contract Change Order, the Contractor agrees that the specified compensation constitutes full compensation for the changed Work, including payment for interruption, disruption, acceleration, extended overhead, delay or any other "impact" claim or "ripple effect" claim. Contractor specifically understands and agrees that its execution of the Contract Change Order shall constitute a waiver of any right for Contractor to claim any additional compensation with respect to the subject matter of the Contract Change Order.

Adjustments to the Contract Price shall be determined as provided for in section 10-08 of these Special Provisions and Adjustments to the Contract Time shall be determined as provided in Section 9-02 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. Differing Site Conditions. No later than twenty-four (24) hours of discovery of any purported differing site conditions and before such conditions are disturbed, the Contractor shall notify the City in writing of: (1) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law, (2) subsurface or latent physical conditions at the site differing materially from information made

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{00245263.1} 30 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract available to the Contractor before the submission of its bid, or (3) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

In the event conditions as described in (1), (2) or (3) above are discovered, the Contractor shall continue to diligently prosecute the work in the other portions of the site not affected by such conditions. The Contractor shall also use its best efforts to prevent and/or minimize delays or disruptions to the affected portions of the work.

The City will promptly investigate the purported differing site conditions. If the City finds that such conditions do materially differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under this Agreement, an equitable adjustment shall be made and the Agreement will be modified in accordance with the Change Order procedures set forth herein. In the event of any dispute between the City and the Contractor over the significance or existence of the changed conditions, the Contractor shall not be excused from the scheduled completion date set forth herein, but shall retain such rights as provided elsewhere in these Contract Documents.

No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required by this Section. No claim by the Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Agreement.
7-08. Additional Drawings by City. In addition to these drawings made part of this Contract at the time of execution, but incorporation or reference, the Engineer may 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, Contract Drawings, or other Contract Documents and the Contractor shall make its work conform to all such drawings.
7-09. 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 Work, or of adjacent structures or property and immediate action is necessary in order to protect the public, any person or any property or property interest (“emergency work”), the Engineer, with or without notice to the Contractor may, but is not obligated to, take such action to obtain or provide for such work or material as the Engineer may consider necessary and adequate to furnish such protection.

The City’s cost to perform, obtain or provide such action, work and material so furnished shall be paid by the Contractor and may be deducted by the City from any payment due or to become due to the Contractor.

The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from its responsibility or liability for any damages which may occur during or after any actions have been taken by the Engineer.
7-10. Suspension of the Work. If the Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the City may, in writing, order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. The Contractor shall immediately comply with the City’s written order to stop the Work. Contractor shall resume Work as and when ordered to do so by the City. Any stoppage of the Work under this section shall be at Contractor’s expense, and Contractor shall have no claim against the City based on Contractor’s failure to perform the Work in accordance with the Contract Documents.

In addition to the City’s right to stop Work, the City may order Contractor to submit to the City, at no additional cost to the City, additional information concerning Contractor’s planned Work if Contractor fails to promptly correct Work that is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents. The additional information ordered by the City may include, but is not limited to, preparation of submittals or Working Drawings not otherwise required to be submitted under the Contract Documents.

In the event the City discovers that the Contractor has created an unsafe condition, the City may arrange for other work forces to remedy the condition. (Such remedial Work will be at the sole discretion of the City.) If this action is required, the City may unilaterally terminate Work under the Agreement, and will pay only for the quantities of Work

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{00245263.1} 31 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract actually performed, less the cost of the City’s remedial Work. In the event that Work is not halted, the Contractor must take immediate steps to correct the situation. There will be no extra payment for Work required to correct unsafe conditions.

The right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity. This right shall be in addition to and not in restriction or derogation of the City’s other rights under the Contract Documents. The City’s right to stop the Work shall not relieve the Contractor of any of its responsibilities under or pursuant to the Contract Documents. 7-11. Termination of the Contract for Cause.

An “Event of Default” as referred to in this section shall occur if the Contractor:

1. Fails to maintain progress of the Work in accordance with the requirements of the Contract Documents; or

2. Fails to prosecute the Work or any of its components in accordance with the Contract Documents; or

3. Persistently or repeatedly fails or refuses to supply sufficient properly skilled workers or proper material to permit the performance of the Work in accordance with the Contract Documents; or

4. Fails to make prompt payment to Subcontractors or Suppliers in accordance with the respective agreements between the Contractor and Subcontractor and Contractor and Supplier; or

5. Fails to comply with applicable laws, ordinances or rules, regulations or orders of a public authority having jurisdiction over the Work; or

6. Abandons, assigns or sublets the Agreement without approval of the City; or

7. Becomes bankrupt or is subject to appointment of a receiver on behalf of Contractor; or

8. Otherwise is guilty of a substantial breach of a provision of the Contract Documents.

Upon the City’s reasonable belief that there has been an Event of Default by Contractor, the City may elect to give the Contractor written notice thereof. The Contractor thereafter shall cure the default as soon as possible and in no event after ten (10) days from Contractor’s receipt of the City’s written notice.

If the Contractor does not timely cure its default, the City may, without waiver of any of its other rights and remedies, elect to terminate the Agreement, or portion thereof.

Upon the City's election to terminate the Agreement, or portion thereof, the City shall have the right to complete the Work, or the portion involved, by whatever means and methods it deems expedient, including the hiring of others on such terms as the City deems advisable. The City shall have the right to take possession of the Contractor's materials, plant, tools, equipment and property of any kind provided by or on behalf of the Contractor for the purpose of the Work, or a portion of them, without being responsible to the Contractor for fair wear and tear. The Contractor shall have no rights in such property during its use by the City. The City shall not be required to obtain the lowest prices for completing the Work or a portion of it but shall make such expenditures as, in the City's sole judgment, best accomplish such completion.

The expense of completing such Work or portion thereof, together with a reasonable charge for engineering, managerial and administrative services, as certified by the City, shall be charged to the Contractor, and the expense so charged shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. In case such expense is more than the sum which otherwise would have been payable to the Contractor under the Agreement, then the Contractor or its surety or sureties shall promptly pay the amount of such excess so due. When the City terminates the Agreement under this section, the Contractor shall not be entitled to receive any further payments until the Work is completed and there has been a final settlement of costs of completing the Work covered by such notice of default.

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{00245263.1} 32 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract The City will issue to the Contractor a written notice specifying that the Agreement, or portion thereof, is terminated.

Upon receipt of said written notice and, except as otherwise directed in writing by the City, the Contractor shall:

1. Stop all Work under the Agreement; or if partial termination, stop Work relating to the terminated portion of the Agreement;

2. Perform Work the City deems necessary to secure the work site for termination including measures to leave the worksite in a safe condition.

3. Remove equipment from the site of Work, as specified by the City.

4. Take such action as is reasonably necessary to protect materials from damage.

5. Notify all Subcontractors and Suppliers that the Agreement or portion thereof is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the City.

6. Provide the City with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the City may request;

7. Dispose of materials not used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City (a) with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made by the City and (b) with bills of sale or other documents of title for such materials;

8. Subject to the prior written approval of the City, settle all outstanding liabilities and all claims arising out of Subcontracts or orders for materials terminated hereunder. To the extent directed by the City, the Contractor shall assign to the City all rights, title and interests of the Contractor under subcontracts or orders for materials terminated hereunder. The City shall be at liberty to negotiate with and engage any Subcontractors who had contracted with Contractor for the Work.

9. Furnish the City with the documentation required to be furnished by the Contractor under the provisions of the Contract Documents, including, on projects as to which federal funds are involved, all documentation required under the federal requirements included in the Agreement; and

10. Take such other actions as the City may direct.

If only a portion of the Work has been terminated, Contractor shall perform the remainder of the Work in conformity with the Contract Documents and in such a manner as not to interfere with the City or others in their performance and completion of the portion of the Work which was terminated.

The City may recover from Contractor the amount of any loss or damage, including consequential damages, suffered or incurred as a result of Contractor’s default. 7-12. Termination for Convenience of the City. The City may terminate the Agreement, in whole or in part, at any time and for any reason, whenever the City shall determine that such termination is in the best interests of the City.

Any termination which is not based on the circumstances set forth in Section 7-10 above shall be effected by delivery to the Contractor of a notice of termination specifying the extent to which performance of Work under the Agreement is terminated, and the date upon which such termination becomes effective. In such event, Contractor shall be paid for all actual substantiated direct costs of materials furnished and Work performed up to the date of termination plus the markup allowed on labor, equipment, and materials as provided in the Force Account Provisions, herein.

Upon Contractor's receipt of a written notice of termination for convenience, the Contractor shall cease Work as to those portions of the project so terminated and shall undertake the steps outlined in Section 7-10 above.

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{00245263.1} 33 Spec No. 23-05
Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the City terminates this Agreement under Section 7-10 above and it is determined for any reason that there was not sufficient cause to do so, the City's termination automatically will convert to a termination for convenience under this Section and the terms and conditions outlined in this Section automatically will be applied to effectuate the Agreement termination. Thus, damages to which a Contractor may be entitled as a result of an improper default termination will be limited to the amounts provided for in this section.

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. Materials and Equipment Specified by Name. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the Work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:

1. The Contractor shall submit its request in writing for an alternative article or material. Such request shall be made in ample time to permit review and approval without delaying the Work. Contractor shall not be entitled to an adjustment of the Contract Time or an increase in the Contract Price based on any Contractor-proposed substitution.

2. No such request will be considered unless accompanied by complete information and descriptive data necessary to determine whether the offered materials, articles, or equipment is equal to the specification in the Contract Documents. Samples shall be provided when requested by the City. The Contractor shall satisfy the City as to the equal quality, suitability or performance of the offered materials, articles or equipment. In the event that the City rejects the use of such alternative materials, articles or equipment, then one of the particular products designated by brand name will be furnished.

3. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and it shall furnish all information necessary as required by the City. The City shall be the sole judge as to the quality and suitability of alternative articles or materials and its decisions shall be final. Where use of an alternative material involves redesign of, or changes to, other parts of the Work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alternative material. Cost of redesign by the City will be borne by the Contractor.

4. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, Contractor’s request for use of alternative articles or materials shall be accompanied by reports from the listed or equivalent independent testing laboratory indicating compliance with the Contract Documents. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative shall be only for the characteristics or use named in such approval, and shall not be used to change or modify any requirement of the Contract Documents.
8-03. 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.

The Engineer may require Contractor to provide information on the source of supply of materials for the Work and may require that the Engineer’s approval be obtained prior to Contractor securing any or all materials. The Engineer may require Contractor to submit representative samples of materials for inspection and testing by City.

Even though a source of supply has been approved, the approval shall not prevent subsequent disapproval or rejection of materials, if the quality of the product or material is later determined to be below the standard or requirements set by any of the Contract Documents

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Grace Hudson Museum Roof Replacement Negotiated Contract 8-04. Storage of Materials. All Materials shall be delivered, stored, and handled in a manner that protects them from damage, moisture, dirt, and intrusion of foreign materials. Ordering and delivery of materials should be planned according to the work progress to minimize storage on site, where there are higher possibilities of damages and deterioration of materials. Materials delivered should be checked against the specifications and approved samples.
8-05. 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 the Contract Documents. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with the Engineer’s 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.

Contractor’s Working Drawings shall be subject to approval insofar as the details affect the character of the finished Work and for compliance with design requirements applicable to the construction when specified or called for, but details of the design will be left to the Contractor who shall be responsible for the successful construction of the Work. The Engineer shall approve working Drawings before any Work involving such drawings is performed. It is expressly understood that approval of the Working Drawings shall not relieve the Contractor of any of its responsibility under the Agreement of its obligations under the Contract Documents.

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 its 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, the Engineer may order the Contractor to increase or improve its 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 its 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 its plant, equipment and methods.
9-02. Beginning of Work. After execution of the Agreement by both parties, the City will issue a Notice to Proceed upon its determination that it is appropriate for the Contract Time to commence.

Within fifteen (15) days after the effective date contained in the Notice to Proceed, and subject to the requirements stated elsewhere in the Contract Documents regarding, among other things, the submittal of a Construction Schedule, the Contractor shall commence Work at the site and shall diligently and prosecute the Work to final completion within the time limit provided in the Contract Documents. Contractor shall also achieve any and all Agreement milestones as described elsewhere in the Contract Documents.

The Contractor shall notify the City, in writing, of its intent to begin Work at the site. 9-03. Delays and Extensions to the Work. Contractor must complete all Work within the time specified in the Agreement. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any delay in substantially completing the Work (or parts thereof)

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Grace Hudson Museum Roof Replacement Negotiated Contract beyond the time set forth in the Agreement, provided that such delay was caused by unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include acts of public enemy, fire, floods, abnormal weather (as described below), tidal waves, earthquakes, epidemics, quarantine restrictions, strikes, labor disputes and freight embargoes, fire, changes made pursuant to the provisions of “Changes in Work” elsewhere in the Contract Documents or acts or neglect of the City not contemplated by the Contract Documents. In all cases, any extension of time is conditioned on the following:

1. That the cause is not due to the fault or negligence of the Contractor, and the Contractor has taken reasonable precautions to prevent the delays and minimize the effects thereof; and

2. That the Contractor notifies the Engineer in writing within three (3) days from the beginning of such delay specifying the nature of the delay and the measures that have been or will be taken to prevent or minimize the delay. Failure to submit written notice within this time period shall constitute an absolute waiver of any claim for a time extension.

No extension of time will be granted for a delay caused by a shortage of materials, unless the Contractor furnishes to the City documentary proof that he has diligently made every effort to obtain such materials from all known sources within reasonable reach of the work and further proof, in the form of schedule data as requested by the Engineer or as otherwise required by the Technical Specifications, that the inability to obtain such materials when originally planned did in fact cause a delay in final completion of the entire Work which could not be compensated for by revising the sequence of the Contractor’s operations. Only the physical shortage of material will be considered as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical or economical cost or price, unless it is shown to the satisfaction of the city that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and the usual practices in obtaining such quantities.

The term “shortage of materials,” as used in this section, shall apply only to materials, articles, parts or equipment which are standard items and shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the Contract Documents or to materials, parts, articles or equipment furnished by the City.

No extensions of time will be granted for delays that have no measurable impact on the completion of the Work (or parts thereof) under the Contract Documents. When extensions of time are granted, they will be limited to the period equivalent to the actual number of days lost on the critical path or controlling operations of the Construction Schedule, taking into account the extent to which that delay could be decreased by reasonable mitigation measures by the Contractor. All requests for extensions of time must be supported with a critical path analysis showing the critical path and impacts to it. Contractor’s failure to submit this analysis will be sufficient cause for denial of any request for a time extension.

Within a reasonable period of time after the Contractor submits the notice and information required by this section, the City will determine whether an extension of time is justified and, if so, the number of days for the extension.

Abnormal weather may be a valid basis for a time extension under the Agreement. “Abnormal weather” occurs when the number of days of rain above 0.5 inches in a 24 hour period exceeds the average for such rainfall in a particular month as determined by the National Weather Service. Contractor will only be entitled to, at most, a time extension for the number of days of rain exceeding the average for that month in the locale where the Work is to be performed. If delays are caused by Contractor or those for whom Contractor is responsible, Contractor will only be entitled to, at most, a time extension for the number of rain days exceeding the average for the month when the Work should have been performed.

In addition, before a time extension may be granted for abnormal weather, Contractor must establish that the rain either significantly impacted at least sixty percent (60%) of the planned work of the controlling operations for a particular day or prohibited at least five (5) hours of work on the controlling operations planned for that day.

Contractor shall employ reasonable methods to mitigate the impact of abnormal weather (i.e., dewatering, protection of site, etc.) The occurrence of rain during non-work hours or having minimal impact to work on the controlling operation shall not constitute a day of abnormal weather.

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Grace Hudson Museum Roof Replacement Negotiated Contract In the event that the project experiences favorable weather for a particular month (e.g., a number of actual rain days in a month less than that indicated in the above table for allowable rain days per month), the additional float resulting from such favorable weather shall accrue to the project. 9-04. 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.

SECTION 10. PAYMENT
10-01. Schedule of Values. Within ten (10) days after the bid opening, but in any event prior to execution of the Agreement, the Contractor shall submit to the City a detailed Schedule of Values.

Upon its approval, the Schedule of Values will form a basis for determining the compensation payable to the Contractor based on its actual progress of Work with respect to each Lump Sum Bid Item. The City, prior to any progress payment being made, must approve the Schedule of Values.

At the Engineer’s discretion, the approved Schedule of Values may be used as the basis of calculating the adjustment in compensation for a Lump Sum Bid Item due to changes ordered by the City. When an ordered change increases or decreases the quantities shown in an approved Schedule of Values, at the Engineer’s discretion, the adjustment in compensation may be determined in the same manner specified for increases and decreases in the quantity of a bid item of work in accordance with Section 10-08(2). 10-02. Progress Payments. On a monthly basis, the Contractor shall submit Applications for Payment in a form approved by the City. The Contractor’s Applications shall be based on the Schedule of Values submitted with the Contractor’s bid. These applications shall be supported by (1) documentation requested by the City to substantiate the payment request; (2) statutory releases from the Contractor and all subcontractors and suppliers pursuant to Civil Code section 8132 through 8138; and (3) certified payroll records for the period for which payment is requested. Specifically, the Contractor will submit conditional waivers upon progress payment executed by all contractors and suppliers that will be receiving sums sought in the instant payment request and also submit unconditional waivers upon progress payment executed by all contractors and suppliers that have been paid to the date of het payment request. The Contractor shall certify that the Work for which payment is requested has been accomplished. When requested by the City, the Contractor shall submit receipts, invoices and other documentation that the City requires to be furnished for the purpose of evaluating the application.

Pursuant to Public Contract Code Section 20104.50, the city will pay the Contractor within thirty (3) days after its receipt of an undisputed and properly submitted Application for Payment, after deducting all previous payments, retention, and other sums as described in the Contract Documents. Within seven (7) days of its receipt of Contractor’s Application for Payment, the City will determine whether it complies with the provisions of the Contract Documents. As appropriate, the City will return the application to the Contractor accompanied by a document prepared by the City setting forth the reasons for rejection. Thereafter, the Contractor shall correct and resubmit the Application for Payment. The City’s failure to timely return the application shall not be considered a breach of the Agreement.

Progress payments may be withheld for Work that is not performed in accordance with the Contract Documents.

The City may deduct the following from each progress payment:

1. An amount equal to one hundred percent (100%) of the amount claims under any stop payment notice or other lien filed against the Contractor, plus an amount to provide for the reasonable cost of litigation thereunder;

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2. Any liquidated damages or assessments that have accrued as of the date of het application for payment.

3. Any sums expended by the City in performing any of the Contractor’s obligations under the Agreement that the Contractor has failed to perform.

4. Any other sums that the City is entitled to recover from the Contractor under the terms of the Agreement, including damages to the City’s property.

The failure of the City to deduct any of the above identified sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

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. Retention on Progress Payments. From each progress payment estimate, five percent (5%) will be deducted and held in retention by the City, the remainder less any deductions described above will be paid to the Contractor as progress payments.

Pursuant to Pubic Contract Code Section 22300, the Contractor submit securities in lieu of retention payments by the City. Upon the Contractor’s request, the City will make payment of funds withheld from progress payments, pursuant to the requirements of Public Contract Code 22300, if the Contractor deposits in escrow with the City or a bank acceptable to the City, securities eligible for investment under California Government Code section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and the City under the following conditions:

1. The Contractor shall bear the expenses of the City and the escrow agent in connection with the escrow deposit made.

2. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section

3. The Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300.

4. The Contractor shall obtain the written consent of the surety to such agreement.

10.04. Title. Title to Work for which progress or other payments have been made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of progress payments, full title shall pass to the City at time of delivery or completion of the Work. Work to which the City has received title by reason of progress payments shall be segregated from other Contractor and/or Subcontractor materials related to the Work and clearly identified as the City property.

The title transferred as above shall in each case be good and free and clear from any and all security interests, liens, and/or other encumbrances. The Contractor shall not pledge or otherwise encumber any item in any manner that would result in any lien, security interest, charge, and/or claim against said items.

The transfer of title as specified above shall not be deemed as an acceptance of the Work by the City, nor relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents. Contractor shall still be obligated to protect the work from damage until the City’s acceptance of work. 10-05. Final Inspection and Acceptance of the Work. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily.

When the Contractor believes that the entire Work is fully and finally complete, including the satisfactory completion of inspections, tests, and documentation specified in the Contract Documents, and the completion of all punch list and clean up items, the Contractor shall submit to the Engineer a written request for Final Acceptance within fifteen (15) days thereafter, specifying that the Work is fully and finally completed and the date on which it was completed.

Within thirty (30) days after receipt of the request for Final Acceptance, the City will inspect the Work and will either:

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1. Reject the request for Final Acceptance, specifying the defective and/or uncompleted portions of the Work; or

2. Advise the Contractor that Acceptance of the project will be recommended to the City Council at the next available regularly scheduled City Council meeting and provide the Contractor with a Notice of Final Acceptance after acceptance by the City Council.

If the City rejects the request for Final Acceptance, the Contractor shall promptly remedy the defective and/or uncompleted portions of het Work. Thereafter, the Contractor shall again submit a written request for Final Acceptance of the Work, specifying a new date based on the date the defective and/or uncompleted portions of the Work were corrected. Thereafter, the foregoing procedure shall apply successively until the City has verified that the Work is fully and finally completed and the City Council has accepted the project as complete. Immediately upon and after notification from the Engineer that the City shall be recommending Acceptance of the project, the Contractor will be relieved of the duty of maintaining the Work as a whole. Upon Acceptance by the City Council, the City will issue a Notice of Final Acceptance to the Contractor.

All warranties commence upon Final Acceptance of the Work.

The City’s Final Acceptance of the Work shall not be construed as an Acceptance by the City of any latent defects discovered with the Contractor’s Work. Furthermore, the Contractor’s obligations under Section 6-05 (Indemnification) shall remain applicable after the City’s grant of Final Acceptance of the Work. 10-06. Final Payment and Claims. Final payment will be made only after the Contractor has achieved Final Completion of the Work pursuant to Section 10-04 (Final Inspection and Acceptance of the Work).

Before final payment can be made, the Contractor shall have furnished the City with the following:

1. All As-Built drawings, catalogues, instruction sheets and information as required by the Contract Documents.

2. One signed copy of the Release as discussed below in this section and on a form furnished by the City.

3. Conditional Waivers and Releases Upon Final Payment executed by the Contractor and all subcontractors and suppliers, as provided by Civil Code section 8136. Unconditional Waivers and Releases upon Final Payment, as provided in Civil Code section 8138, executed by Contractor and all subcontractors and suppliers, will be provided for all subcontractors and suppliers that have been paid in full. Contractor will submit such releases for subcontractors and suppliers that will be receiving part of the final payment within fifteen (15) days of receipt of such final payment.

Within thirty (30) days of the date of the City’s Notice of Final Acceptance, the Contractor shall prepare and submit a proposed Final Invoice, showing the proposed total amount due the Contractor, segregated by Bid item quantities, Change Order Work, and other basis for payments; deductions made or to be made for prior payment; and amounts previously retained. Prior invoices and payments shall be subject to correction in the proposed Invoice for Final Payment. Payments to the Contractor will be made only for the actual quantities of the Agreement items of work constructed in accordance with the Contract Documents.

Submitted with Contractor’s proposed Final Invoice shall be its final documentation with respect to any claims that the Contractor has elected to continue to pursue; if there are no such claims, Contractor shall include a statement that there are no outstanding claims regarding the Work. Contractor will have no right to pursue any claim unless Contractor has fully complied with the conditions for notice and submission of such claims as in these Contract Documents.

The City will review the Contractor’s proposed Final Invoice and necessary changes or corrections will be forwarded to the Contractor. Within ten (10) days thereafter, the Contractor shall submit a revised proposed Final Invoice incorporating changes or corrections made by the City together with any new claims resulting therefrom. Upon approval by the City, the corrected proposed Final Invoice will become the approved Final Invoice.

If no claims are submitted with the proposed Final Invoice, and agreements are reached on all questions regarding the proposed Final Invoice, the City in exchange for an executed release, satisfactory in form and substance to the City as provided below, will pay the entire sum found due on the approved application. However, the City will

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Grace Hudson Museum Roof Replacement Negotiated Contract withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.

If the Contractor does submit claims with the proposed Final Invoice, then upon final determination of all the Contractor’s claims, the City will pay the entire sum found due upon the final invoice, including the amount, if any, allowed on claims, except that the City will withhold sums sufficient to pay all unsettled claims for which stop payment notices have been filed pursuant to Sections 9350 et seq. of the California Civil Code, together with the reasonable cost of any litigation thereunder.

Claims filed by the Contractor shall be fully supported and made in sufficient detail to enable the City to ascertain whether the basis and amount of said claims are valid. If additional information or details are required by the City to determine the validity of the claims, Contractor shall furnish such further information or details so that the City receives the information or details no later than seven (7) days after receipt of the written request from the City.

Failure to submit such information and details to the City within the time specified will be sufficient cause for denying the claim.

Contractor shall maintain and submit full and complete records of the costs and additional time incurred for the work for which a claim for additional compensation is made. The City or its designated claim investigator shall have access to any additional records as may be required by the City to determine the facts and contentions involved in the claims. Failure to permit access shall be sufficient cause for denying the claims.

A notarized certificate indicating the following language shall accompany claims submitted by the Contractor:

Under the penalty of perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the claim submitted herewith for additional compensation and time, if any, made with respect to the Work on this Agreement is a true and accurate statement of the actual costs incurred and time sought, and is fully documented and supported under the Agreement between Contractor and the City.
__________________________________________________________ Name
__________________________________________________________ Title
__________________________________________________________ Date
__________________________________________________________ Notary
Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City and shall be to the extent allowed under the California False Claims Act or other applicable law.

The release from the Contractor shall be from any and all claims arising from the Work under and in connection with the Agreement and shall release and waive any claims against the City. The release shall be accompanied by a certification by the Contractor.

1. That it has resolved any claims made by Subcontractors, Suppliers and other against the Contractor or the Project.

2. That it has no reason to believe that any party has a valid claim against the Contractor or the Project which has not been communicated in writing by the Contractor to the City with the certification; and

3. That all warranties and guarantees are in full force and effect. The release and the certification shall survive Final Payment.

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Ukiah City CouncilAugust 16, 2023

Ukiah City Council
August 16, 2023