Agenda packet — Ukiah City Council, March 6, 2024 (part 1 of 4)

Page 1 of 5 ends

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) 1-888-788-0099
• Enter the Access Code: 971 9942 6600
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

March 6, 2024 - 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 February 21, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the February 21, 2024, Regular Meeting.

Attachments:

1. 6a 2024-02-21 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

Page 1 of 627 ends

Page 2 of 5 ends

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 December 2023.

Recommended Action: Approve the report of disbursements for the month of December 2023.

Attachments:

1. December 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. December 2023 Disbursement Detail

8.b. Report of Disbursements for the Month of January 2024.

Recommended Action: Approve the report of disbursements for the month of January 2024.

Attachments:

1. January 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. January 2024 Disbursement Detail

8.c. Consider Authorization of the City Manager to Negotiate and Renew the Lease of a Portion of Riverside Park to Rusty Bowl BMX, Inc.

Recommended Action: Authorize the City Manager to Negotiate and Renew the Lease of a Portion of Riverside Park to Rusty Bowl BMX, Inc.

Attachments:

1. Rusty Bowl Draft Lease

8.d. Consideration of Award of Professional Services Contract for Audit Services to Van Lant & Fankhanel, LLP.

Recommended Action: Approve a 3-year contract with Van Lant & Fankhanel, LLP for audit services in the amount of $126,200, and to approve two 2-year extensions, if applicable.

Attachments:

1. Ukiah Engagement Letter FY 2024 (4)

8.e. Possible Adoption of an Ordinance Adopting the Amended 2022 California Fire Code, Including the National Fire Protection Association (NFPA) 1 Chapter 38, Due to Local Conditions.

Recommended Action: Adopt Ordinance amending Division 6, Chapter 3, Articles 1 and 3, of the Ukiah City Code, entitled: 'Fire Prevention Code,' to adopt the 2022 Edition of the California Fire Code, including additions or amendments, as well as NFPA 1 Chapter 38, to address local conditions.

Attachments:

1. CC Reso 2024-06 - Establishing Findings of Fact for State Building Standards Code - Local Conditions

2. Proposed 2022 Fire Code Ordinance - Clean

8.f. Notification to City Council of Purchase of Services from SHN Consulting Engineers & Geologists, Inc. in the Amount not to Exceed $53,650 for the Dewatering Project Material Inspection.

Recommended Action: Receive a report of Purchase of Services from SHN Consulting Engineers & Geologists, Inc. in the Amount not to Exceed $53,650 for the Dewatering Project Material Inspection.

Attachments:

1. SHN - Dewatering Proj Material Inspection - 2324-149 Fully Executed

9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS

Page 2 of 627 ends

Page 3 of 5 ends

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. Resolve Bid Protests Received for Specification No. 24-01 for the City of Ukiah Electric Service Center Tenant Improvements and Fire Damage Repair, and Approve Final Award Recommendation.

Recommended Action: Consider the bid protest received from Kirby Construction, reject the counterprotest from DMR Builders, and award the bid to Kirby Construction Company in the amount of $2,446,340 for Specification No. 24-01 Hastings Tenant Improvements and Fire Damage Repair.

Attachments:

1. Spec 24-01 - Hastings Tenant Improvements & Fire Damage Repair

2. Bid Results - Spec 24-01

3. Bid Protest - Ukiah Elec Service Center TI (1)

4. Bid Protest Response

13.b. Consideration of Award of Bid for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07 to Ghilotti Construction Company Inc. in the Amount of $11,943,936.75, and Approval of Corresponding Budget Amendments.

Recommended Action: Award bid for the Urban Core Rehabilitation and Transportation Project (UCRTP), Specification 23-07, and approve of corresponding budget amendments.

Attachments:

1. Plans

2. Bid Results - Spec 23-07

3. Ghilotti Bid

13.c. Annual Military Equipment Report from Ukiah Police Department, in Compliance with California Assembly Bill No. 481.

Recommended Action: Receive Annual Military Equipment Report.

Attachments:

1. 1229 - Adopting and Approving Police Policy 708

2. Military Equipment Inventory

14. NEW BUSINESS

14.a. Receive and Approve the Submittal of the 2023 Annual Progress Reports to the Department of Housing and Community Development and the Governor's Office of Policy and Research.

Recommended Action: Receive and approve submittal of annual progress reports to the Department of Housing and Community Development and the Governor's Office of Policy and Research, and provide direction to Staff as necessary.

Attachments:

1. 2023 - HCD APR

Page 3 of 627 ends

Page 4 of 5 ends

2. 2023 - OPR APR

14.b. Receive the Annual Report Regarding the City's Cannabis-Related Ordinances; and Provide Direction to Staff as Necessary.

Recommended Action: Receive report regarding cannabis-related business ordinances and provide additional direction as necessary.

Attachments:

1. Cannabis Related Businesses - Ukiah

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

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

Attachments:

1. 2024 City Council Special Assignments and Ad Hocs

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)(4))
Initiation of litigation (2 cases)

15.b. 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.c. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.d. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 003-230-03-00
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Jann Lanz
Under Negotiation: Price & Terms of Payment

15.e. Public Employee Appointment
(Government Code Section 54957)
Title: (City Appointment to City Civil Service Commission)

15.f. 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. Any handouts or presentation materials from the public must be submitted to the clerk 48 hours in advance of the meeting; for handouts, please include 10 copies.

Page 4 of 627 ends

Page 5 of 5 ends

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

Kristine Lawler, CMC/CPMC
Dated: 3/1/24

Page 5 of 627 ends

AGENDA ITEM 6a

Page 1 of 7 ends

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
February 21, 2024
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on February 21, 2024, having been legally noticed on February 15, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/97199426600. Mayor Dueñas called the meeting to order at 6:04 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR DUEÑAS PRESIDING.

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

MOMENT OF SILENCE
The City Attorney read the following statement into the record, which was followed by a moment of silence honoring Judge David Nelson:

A large circle of judges, former judges, colleagues, family, long-time friends and others whose life he touched mourn the loss on February 17 of Judge David Nelson. He died peacefully surrounded by his family, listening to the music he loved.

Dave was a criminal defense lawyer, one of the best in the County, before he was appointed as a superior court judge in the Mendocino County Superior Court. Before that he played football for Stanford University, attended Yale law school, spent a year working for DNA Legal Services on the Navaho Indian Reservation and a number of years as a public defender in Contra Costa County.

He was a gentle giant who had empathy for others and a wonderful sense of humor. There will be an empty space in Ukiah with his passing, but Ukiah has been enriched by the many years he worked and played here and contributed to the community.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the Ukiah City Council Recognizing March as Women’s History Month.

Presenter: Councilmember Sher.

Proclamation was received by Kyle Mayers, Mendocino Womens’ Political Coalition and the Ukiah Chapter of the American Association of University Women.

Page 6 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 2 of 7 ends

b. 2023/2024 Ukiah On Ice Presentation.

Presenter: Jake Burgess, Community Services Supervisor.

PowerPoint Presentation was received.

5. PETITIONS AND COMMUNICATIONS
City Clerk, Kristine Lawler, stated that no communications had been received.

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the February 7, 2024, Special Meeting. b. Approval of the Minutes for the February 7, 2024, Regular Meeting.

Motion/Second: Rodin/Sher to approve the Special and Regular meeting minutes of February 7, 2024, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of November 2023 - Finance. b. Consideration of the Approval of a Change Order (PO No. 48425-CO1) in the Amount of $13,567.14 for the Yardney Filters Replacement Project from Durham Pump & Irrigation at the Wastewater Treatment Plant – Water Resources.
c. Possible Adoption of Ordinance Imposing Possible Civil Penalties for Failure to Abate Public Nuisances on Residential Property – City Attorney.

ORDINANCE NO. 1236

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS SECTIONS OF THE UKIAH CITY CODE AMENDING CHAPTER 12 OF DIVISION 3 OF THE

UKIAH CITY CODE IMPOSING POSSIBLE CIVIL PENALTIES FOR FAILURE TO ABATE PUBLIC NUISANCES ON RESIDENTIAL PROPERTY.
d. Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article

17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers) – Community Development – Pulled by Councilmember Sher and placed as Agenda Item 14d.
e. Possible Adoption of Resolution (2024-04) Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding under Round 2 of the Prohousing Incentive Pilot Program; and if Selected, Authorize the City Manager to Execute a Standard Agreement (2324-161), Any Amendments Thereto, and of Any Related Documents Necessary to Participate in the Prohousing Incentive Pilot Program, as well as Authorization of the Corresponding Budget Amendments – Community Development. f. Consideration of an Amendment to Contract (2021-181-A1) for Medical Control Oversight with Dr.

Brandon Begley, Increasing the Annual Compensation to $52,000.00 for the Third Year of the Contract - Fire.
g. Authorize City Manager or Designee to Accept Chapter 11 Bankruptcy Plan for Claims Related to Opioid Settlement Funds Allocated to the City of Ukiah – City Attorney. h. Notification to City Council of Purchase (PO 48529-$40,300.86; PO 48530-$42,992.56) of Equipment from Stryker Corp. in the Amount of $83,293.42 for the Ukiah Valley Fire Authority - Fire.

Page 7 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 3 of 7 ends

i. Approval of Notice of Completion for the Grace Hudson Museum Roof Replacement Project, Specification 23-05 – Community Services.

Sean White, Water Resources Director and Ryan Kriken, Wastewater Treatment Plant Supervisor, responded to questions from Vice Mayor Crane in respect to Agenda Item 8b.

Motion/Second: Rodin/Sher to approve Consent Calendar Items 8a-8c and 8e-8i, as submitted.

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

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

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

10. COUNCIL REPORTS
Presenters: Councilmembers Rodin and Sher.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 Construction Update – Tim Eriksen, Public Works Director / City Engineer.  Master Tax Sharing – Sage Sangiacomo, City Manager.
 Palace Hotel Update – Shannon Riley, Deputy City Manager.

Public Comment: Dennis Crean.

12. PUBLIC HEARINGS (6:15 PM)
a. Consideration and Possible Adoption of a Resolution Amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department.

Presenter: Craig Schlatter, Community Development Director.

PUBLIC HEARING OPENED AT 7:42 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:43 P.M.

Motion/Second: Orozco/Crane to adopt Resolution (2024-05) amending the Fee Schedule for the Planning and Building Divisions of the Community Development Department. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT:

None. ABSTAIN: None.

Councilmember Consensus to direct Staff to go forward with the two recommendations:

1. Direct Staff to revise layout of online fee schedule posted on webpage of Planning Division and available at front counter (Attachment 3, pg. 444) such that terms wellexplained and information is easier to access/understand; and

2. Direct Staff to further research and analyze existing fee reduction categories and present report to Council with recommendations by 6/30/24.

Motion/Second: Rodin/Sher to eliminate the current ad hoc committee on the fee schedules and reconstitute a new ad hoc committee with the same two councilmembers (Crane/Orozco). Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.

Page 8 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 4 of 7 ends

13. UNFINISHED BUSINESS
a. Possible Approval of Joint Exercise of Powers Agreement for the Ukiah Valley Water Authority and if Approved Appoint Two Representatives to the Ukiah Valley Water Authority.

Presenter: Sean White, Water Resources Director.

Public Comment: Devon Boer, Pinky Kushner, and Steve Scalmanini.

Motion/Second: Sher/Rodin to approve the Joint Exercise of Powers Agreement (2324-162) for the Ukiah Valley Water Authority and authorize the City Manager to execute the agreement on behalf of the City, and to make any modifications that do not make material, substantive changes to the agreement, including approval of Exhibits A-C thereto, and if approved appoint two representatives to the Ukiah Valley Water Authority. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

Motion/Second: Rodin/Sher to appoint Vice Mayor Crane and Councilmember Orozco to serve as representatives to the Ukiah Valley Water Authority. Motion carried by the following roll call votes:

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

RECESS: 8:42 – 8:51 P.M.
b. Possible Adoption of Resolution Making Findings of Fact Regarding the Need for Additions and Amendments to the California Fire Code, Including the National Fire Protection Association (NFPA) 1 Chapter 38 Due to Local Conditions; and Consideration and Possible Introduction of an Ordinance by Title Only to Adopt the Amended 2022 California Fire Code.

Presenter: Matt Keizer, Chief Building Official /Fire Code Official UVFD (attending virtually).

Motion/Second: Crane/Rodin to adopt Resolution a (2024-06) making Findings of Fact regarding the need for additions and amendments to the California Fire Code, including the National Fire Protection Association (NFPA) 1 Chapter 38 due to local condition. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None.

ABSTAIN: None.

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

None. ABSTAIN: None.

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

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 3, OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION CODE.

Motion/Second: Crane/Rodin to Introduce the Ordinance to adopt the amended 2022 California Fire Code. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
c. Annual Report on Climate Initiatives.

Presenters: Shannon Riley and Maria Ceja, Administrative Analyst.

PowerPoint Presentation and report was received.

Page 9 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 5 of 7 ends

14. NEW BUSINESS
a. Discuss and Provide Direction for the Establishment of an Oversight Committee, with Possible Appointments, to Review Measure P Expenditures for Fiscal Years 2021 and 2022 per Resolution 2014-28 as well as Fiscal Years 2023 and 2024.

Presenter: Cedric Crook, Police Chief.

Council Consensus to direct Staff to solicit member representatives from the Diversity and Equity Committee, the Chamber of Commerce, and the Fire Safe Council; and to bring back the item on Consent for final appointments to the Measure P Oversight Committee. b. Review and Update, if Warranted, the Ukiah City Council Strategic Plan.

Presenter: Traci Boyl, City Manager’s Office Senior Analyst.

Public Comment: Xochilt Morales de Martinez.

Council input was given to Staff.
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 Committee Appointments to serve on the Community Health Needs Assessment (CHNA) Steering Committee with Adventist Health.

Presenter: Sage Sangiacomo, City Manager.

Motion/Second: Crane/Orozco to appoint Councilmembers Rodin and Sher to serve on the Community Health Needs Assessment Steering Committee. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN:

None.
d. Possible Adoption of an Ordinance Amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers) – from Consent Calendar Item 8d.

Presenter: Councilmember Susan Sher.

Motion/Second: Crane/Sher to adopt an ordinance amending Division 9, Chapter 1 of the Ukiah City Code Article 17.1 (Lot Line Adjustments) and Article 17.2 (Parcel Mergers) with a modification making a minor clerical correction to move the phrase ‘…in 14 days”, located in the fifth ‘Whereas’ to the beginning of the paragraph following “2023,”. Motion carried by the following roll call votes:

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

ORDINANCE NO. 1237
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 9, CHAPTER 1 OF UKIAH CITY CODE ARTICLE 17.1 (LOT LINE ADJUSTMENTS) AND ARTICLE

17.2 (PARCEL MERGERS) TO ENHANCE APPLICATION PROCESSES AND REVIEW THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 10:17 P.M.

Page 10 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 6 of 7 ends

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(2))
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 case)
b. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (2 cases)
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. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(1)(d))
Name of case: Plaintiff v. City of Ukiah et al., Mendocino County Superior Court Case No. 22CV01113
h. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 184-080-37;184-080-36; 184-090-01; 184-090-07; 184-090-06; 184-100-04 Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Henry's Original
Under Negotiation: Price & Terms of Payment
i. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

j. Public Employee Appointment
(Government Code Section 54957)
Title: (City Appointment to City Civil Service Commission) k. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units

Page 11 of 627 ends

City Council Minutes for February 21, 2024, Continued:

Page 7 of 7 ends

No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 11:10 p.m. ________________________________
Kristine Lawler, CMC/CPMC

Page 12 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.a.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2022-1479

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

DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:

1. December 2023 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. December 2023 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of December 2023.

Background: Payments made during the month of December 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): 3055580-3055684; 3055685-3055770; 3055771-3055900; 3055901-3055998
Accounts Payable Wire Transfers: 102, 106, 107
Payroll Check Numbers: 514659-514727; 514728-514805; 514806-514884 Payroll Manual Check Numbers: NA
Direct Deposit Numbers: 124186-124510; 124511-124848; 124849-125179 Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3055644, 3055665, 3055170, 3055629, 3053481, 3055797 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: December 2023 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: December 2023 Disbursement Detail

Recommended Action: Approve the report of disbursements for the month of December 2023.

Page 13 of 627 ends

Page 2 of 2 ends

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): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Page 14 of 627 ends

Attachment 1
FUNDS:
100 General Fund $291,724.80 700 Sanitary Disposal Site Fund $35,320.50 101 GF-(Sub-Fund) Visit Ukiah $1,396.39 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $81,506.39 702 Disposal Closure Reserve Fund $4,189.29 110 Special General Fund $231.51 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $63,486.62 710 Ambulance Services Fund $30,044.27 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $5,633.16 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $5,964.72 200 City Adminstrative Services $151,224.06 750 Visit Ukiah 201 Worker's Comp Fund 777 Airport Fund $91,784.85
202 Liability Fund $395.00 778 Airport Capital Improvement Fund $492,889.51 203 Garage Fund $12,804.34 779 Special Aviation Fund
204 Purchasing Fund $17,305.74 800 Electric Fund $1,106,598.59 205 Billing & Collections Fund $60,105.85 801 Electric Capital Reserve Fund $865,222.67 206 Public Safety Dispatch Fund $1,362.07 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $366,799.65 805 Street Lighting Fund $9,073.95 208 Building Maintenance/Corp Yard Fund $23,995.73 806 Public Benefits Fund $6,993.50 209 IT Fund $56,205.89 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $304,585.71
249 City Housing Bond Proceeds 821 Water Capital Reserve Fund 250 Special Revenue Fund 822 Water Capital Improvement Fund $4,162,982.00 251 Special Projects Reserve Fund 830 Recycled Water Fund $313,837.88 252 Streets/ROW Improvement Fund $486,462.53 840 City/District Sewer Fund $313,837.88 253 CITY PROP 172 $19,441.08 841 Sewer Contruction Fund 300 Park Development Fund 843 Sewer Capital Fund
301 Anton Stadium Fund 900 Special Deposit Trust $16,522.05 302 Observatory Park Fund 901 General Service (Accts Recv) $3,216.20 303 Playground & Park Amenities Fund 902 U.S.W. Billing & Collection $51,144.01 304 Swimming Pool Fund 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund 905 Federal Emergency Shelter Grant 306 Skate Park Fund 905 Mendocino Emergency Service Authority 308 Opioid Settlement Fund $6,380.00 911 Russian River Watershed Association $42,957.50 310 Museum Grants $0.00 915 UVFD $148.68
311 Alex Rorbaugh Recreation Center Fund $4,756.60 916 UVFD PROP 172 312 Downtown Business Improvement Fund 917 UVFD Measure B $18,741.86 313 LMIHF Housing Asset Fund 918 UVFD Mitigation
314 Winter Special Events $21,232.11 920 MSWMA Operations $220,857.73 315 Advanced Planning Fund 940 Sanitation District Special Fund 316 SPECIAL RECREATION EVENTS $426.24 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through
506 Bridge Fund 962 Redevelopment Housing Fund
507 1998 STIP Augmentation Fund 963 Housing Debt
508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds
600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund 602 Community Development Fund 844/944 Sewer Capital Projects Fund $37,399.41 603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund Retainage Withheld $320,701.36 613 Home Program Activities 611 CDBG 16-CDBG-11147 $1,125.00 620 CASP Train
630 Asset Seizure Fund
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1) $500.00
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 $602.81
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 514659-514727 TOTAL DEMAND PAYMENTS- A/P CHECKS $10,130,117.69 DIRECT DEPOSIT NUMBERS: 124186-124510 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 12/1/23 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,375,155.76 PAYROLL CHECK NUMBERS: 514728-514805 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $815,254.91 DIRECT DEPOSIT NUMBERS: 124511-124848 * vendor name( if applicable) PAYROLL PERIOD: 12/15/23
PAYROLL CHECK NUMBERS: 514806-514884
DIRECT DEPOST NUMBERS: 124849-125179
PAYROLL PERIOD: 12/28/23
VOID CHECK NUMBERS: TOTAL PAYMENTS $12,320,528.36
3055644, 3055665, 3055170, 3055629
3053481, 3055797
NA
WIRE TRANSFER NUMBERS:
102, 106, 107

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.
____________________________________________ ________________________________________________ City Manager Director of Finance
MANUAL CHECK NUMBERS:

CITY OF UKIAH

REPORT OF DISBURSEMENTS

FOR THE MONTH OF DECEMBER

Page 15 of 627 ends

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

Page 16 of 627 ends

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

Page 17 of 627 ends

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

Page 18 of 627 ends

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

Page 19 of 627 ends

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

Page 20 of 627 ends

Page 21 of 627 ends

Page 22 of 627 ends

Page 23 of 627 ends

Page 24 of 627 ends

Page 25 of 627 ends

Page 26 of 627 ends

Page 27 of 627 ends

Page 28 of 627 ends

Page 29 of 627 ends

Page 30 of 627 ends

Page 31 of 627 ends

Page 32 of 627 ends

Page 33 of 627 ends

Page 34 of 627 ends

Page 35 of 627 ends

Page 36 of 627 ends

Page 37 of 627 ends

Page 38 of 627 ends

Page 39 of 627 ends

Page 40 of 627 ends

Page 41 of 627 ends

Page 42 of 627 ends

Page 43 of 627 ends

Page 44 of 627 ends

Page 45 of 627 ends

Page 46 of 627 ends

Page 47 of 627 ends

Page 48 of 627 ends

Page 49 of 627 ends

Page 50 of 627 ends

Page 51 of 627 ends

Page 52 of 627 ends

Page 53 of 627 ends

Page 54 of 627 ends

Page 55 of 627 ends

Page 56 of 627 ends

Page 57 of 627 ends

Page 58 of 627 ends

Page 59 of 627 ends

Page 60 of 627 ends

Page 61 of 627 ends

Page 62 of 627 ends

Page 63 of 627 ends

Page 64 of 627 ends

Page 65 of 627 ends

Page 66 of 627 ends

Page 67 of 627 ends

Page 68 of 627 ends

Page 69 of 627 ends

Page 70 of 627 ends

Page 71 of 627 ends

Page 72 of 627 ends

Page 73 of 627 ends

Page 74 of 627 ends

Page 75 of 627 ends

Page 76 of 627 ends

Page 77 of 627 ends

Page 78 of 627 ends

Page 79 of 627 ends

Page 80 of 627 ends

Page 81 of 627 ends

Page 82 of 627 ends

Page 83 of 627 ends

Page 84 of 627 ends

Page 85 of 627 ends

Page 86 of 627 ends

Page 87 of 627 ends

Page 88 of 627 ends

Page 89 of 627 ends

Page 90 of 627 ends

Page 91 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.b.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2022-1479

AGENDA SUMMARY REPORT
SUBJECT: Report of Disbursements for the Month of January 2024.

DEPARTMENT: Finance PREPARED BY: MaryJo Reynolds
PRESENTER: Consent Calendar
ATTACHMENTS:

1. January 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. January 2024 Disbursement Detail
Summary: The Council will review and consider approval of the report of disbursements for the month of January 2024.

Background: Payments made during the month of January 2024 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): 3055999-3056107; 3056108-3056244; 3056245-3056336; 3056337-3056433
Accounts Payable Wire Transfers: 108
Payroll Check Numbers: 514885-514918; 514919-515007
Payroll Manual Check Numbers: 514919, 515007
Direct Deposit Numbers: 125180-125449; 125450-125786
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3054205, 3054136, 3054883, 3054965, 3056270, 3055018, 3056378 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: January 2024 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: January 2024 Disbursement Detail

Recommended Action: Approve the report of disbursements for the month of January 2024.

Page 92 of 627 ends

Page 2 of 2 ends

Page 93 of 627 ends

Attachment 1
FUNDS:
100 General Fund $241,336.09 700 Sanitary Disposal Site Fund $7,860.63 101 GF-(Sub-Fund) Visit Ukiah $25,325.53 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $157,896.54 702 Disposal Closure Reserve Fund 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $354,460.73 710 Ambulance Services Fund $397,855.02 130 Gov'tl Debt SVC/Reserve Fund $1,375.00 720 Golf Fund $2,320.30 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $18,704.72 200 City Adminstrative Services $191,339.13 750 Visit Ukiah 201 Worker's Comp Fund 777 Airport Fund $40,850.41
202 Liability Fund 778 Airport Capital Improvement Fund $3,032.18 203 Garage Fund $11,711.30 779 Special Aviation Fund $14,374.13 204 Purchasing Fund $14,689.80 800 Electric Fund $1,525,480.95 205 Billing & Collections Fund $23,420.12 801 Electric Capital Reserve Fund $816,144.06 206 Public Safety Dispatch Fund $4,113.03 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $343,689.42 805 Street Lighting Fund $9,073.95 208 Building Maintenance/Corp Yard Fund $38,759.96 806 Public Benefits Fund $35,563.91 209 IT Fund $17,197.80 807 Cap and Trade
220 Equipment Reserve Fund 820 Water Fund $211,406.44
249 City Housing Bond Proceeds 821 Water Capital Reserve Fund $577,919.82 250 Special Revenue Fund 822 Water Capital Improvement Fund $7,853,459.53 251 Special Projects Reserve Fund 830 Recycled Water Fund $322,839.94 252 Streets/ROW Improvement Fund $96,724.15 840 City/District Sewer Fund $322,839.94 253 CITY PROP 172 841 Sewer Contruction Fund
300 Park Development Fund $5,893.50 843 Sewer Capital Fund 301 Anton Stadium Fund 900 Special Deposit Trust $7,754.65 302 Observatory Park Fund 901 General Service (Accts Recv) $1,095.65 303 Playground & Park Amenities Fund 902 U.S.W. Billing & Collection $52,525.65 304 Swimming Pool Fund 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund $3,411.72 905 Federal Emergency Shelter Grant 306 Skate Park Fund 905 Mendocino Emergency Service Authority 308 Opioid Settlement Fund 911 Russian River Watershed Association $34,836.40 310 Museum Grants $0.00 915 UVFD $184.72
311 Alex Rorbaugh Recreation Center Fund $14,146.07 916 UVFD PROP 172 312 Downtown Business Improvement Fund $5,349.69 917 UVFD Measure B $459.91 313 LMIHF Housing Asset Fund 918 UVFD Mitigation
314 Winter Special Events $18,482.65 920 MSWMA Operations 315 Advanced Planning Fund 940 Sanitation District Special Fund 316 SPECIAL RECREATION EVENTS $82.57 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund 943 Sanitation District Capital Improvement Fund 501 2107 Gas Tax Fund 952 REDIP Sewer Enterprise Fund
503 2105 Gas Tax Fund 960 Community Redevelopment Agency 505 Signalization Fund 961 RDA Housing Pass-Through
506 Bridge Fund 962 Redevelopment Housing Fund
507 1998 STIP Augmentation Fund 963 Housing Debt
508 SB325 Reimbursement Fund 964 RDA Capital Pass-Through 509 S.T.P. Fund 965 Redevelopment Capital Improvement Fund 510 Trans-Traffic Congest Relief Fund 966 Redevelopment Debt Service 511 Rail Trail Fund 967 Housing Bond Proceeds
600 Community Development Block Grant 968 Non-Housing Bond Proceeds 601 EDBG 94-333 Revolving Loan 969 RDA Obligation Retirement Fund $1,600.00 602 Community Development Fund 844/944 Sewer Capital Projects Fund $724,294.95 603 08-HOME-4688
604 CDBG Grant 09-STBG-6417
605 11-HOME-7654 Fund $0.00
606 CDBG Grant 10-EDEF-7261
607 Prop 84 Grant Fund
609 13-CDBG-8940
610 City RDA Projects Fund Retainage Withheld $524,614.52 613 Home Program Activities 611 CDBG 16-CDBG-11147 $1,100.00 620 CASP Train
630 Asset Seizure Fund $543.70
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 $564.81
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund
PAYROLL CHECK NUMBERS: 514885-514918 TOTAL DEMAND PAYMENTS- A/P CHECKS $15,078,705.69 DIRECT DEPOSIT NUMBERS: 125180-125449 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 01/12/24 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,339,918.39 PAYROLL CHECK NUMBERS: 514919-515007 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $763,824.91 DIRECT DEPOSIT NUMBERS: 125450-125786 * vendor name( if applicable) PAYROLL PERIOD: 1/26/2024
PAYROLL CHECK NUMBERS:

DIRECT DEPOST NUMBERS:

PAYROLL PERIOD:

VOID CHECK NUMBERS: TOTAL PAYMENTS $17,182,448.99
3054205, 3054136, 3054883, 3054965,
3056270, 3055018, 3056378
514919, 515007
WIRE TRANSFER NUMBERS:
108

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 JANUARY

Page 94 of 627 ends

Page 95 of 627 ends

Page 96 of 627 ends

Page 97 of 627 ends

Page 98 of 627 ends

Page 99 of 627 ends

Attachment 4

Page 100 of 627 ends

Page 101 of 627 ends

Page 102 of 627 ends

Page 103 of 627 ends

Page 104 of 627 ends

Page 105 of 627 ends

Page 106 of 627 ends

Page 107 of 627 ends

Page 108 of 627 ends

Page 109 of 627 ends

Page 110 of 627 ends

Page 111 of 627 ends

Page 112 of 627 ends

Page 113 of 627 ends

Page 114 of 627 ends

Page 115 of 627 ends

Page 116 of 627 ends

Page 117 of 627 ends

Page 118 of 627 ends

Page 119 of 627 ends

Page 120 of 627 ends

Page 121 of 627 ends

Page 122 of 627 ends

Page 123 of 627 ends

Page 124 of 627 ends

Page 125 of 627 ends

Page 126 of 627 ends

Page 127 of 627 ends

Page 128 of 627 ends

Page 129 of 627 ends

Page 130 of 627 ends

Page 131 of 627 ends

Page 132 of 627 ends

Page 133 of 627 ends

Page 134 of 627 ends

Page 135 of 627 ends

Page 136 of 627 ends

Page 137 of 627 ends

Page 138 of 627 ends

Page 139 of 627 ends

Page 140 of 627 ends

Page 141 of 627 ends

Page 142 of 627 ends

Page 143 of 627 ends

Page 144 of 627 ends

Page 145 of 627 ends

Page 146 of 627 ends

Page 147 of 627 ends

Page 148 of 627 ends

Page 149 of 627 ends

Page 150 of 627 ends

Page 151 of 627 ends

Page 152 of 627 ends

Page 153 of 627 ends

Page 154 of 627 ends

Page 155 of 627 ends

Page 156 of 627 ends

Page 157 of 627 ends

Page 158 of 627 ends

Page 159 of 627 ends

Page 160 of 627 ends

Page 161 of 627 ends

Page 162 of 627 ends

Page 163 of 627 ends

Page 164 of 627 ends

Page 165 of 627 ends

Page 166 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.c.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2024-1548

AGENDA SUMMARY REPORT
SUBJECT: Consider Authorization of the City Manager to Negotiate and Renew the Lease of a Portion of Riverside Park to Rusty Bowl BMX, Inc.

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

1. Rusty Bowl Draft Lease
Summary: Council will consider renewal of the existing lease of a portion of Riverside Park to Rusty Bowl BMX, Inc.

Background: The Rusty Bowl BMX track was originally built and has been continuously in use and maintained by local volunteers at its current location at Riverside Park since 1984. The volunteers of the Rusty Bowl work under a lease agreement with the City of Ukiah allowing them the use of property at a de minimis cost of one dollar per year. The volunteers maintain and operate the track with virtually no help from City staff, and at no cost to the City. The volunteers manage their actions and programs through an open and transparent process with a governing board overseeing operations. The governing body oversees all necessary fundraising to cover the operations and maintenance, including providing low-cost options and grants, largely removing cost as a barrier to participation for the youth of Ukiah.

The programs, practices, and races held at the Rusty Bowl provide opportunities for healthy skill development, physical fitness, and positive approaches to competition throughout the year for both young and old. The Rusty Bowl volunteers organize and promote at least one major competition per year, attracting hundreds of visitors to the Ukiah Valley. On June 2nd-4th 2023, the Rusty Bowl held a State Race Weekend attracting over 700 participants and well over 1000 attendees to a State Qualifier and Pro-Am tournament, contributing to the health, economic vitality, and reputation of the Ukiah Valley.

Discussion: The Rusty Bowl Track is located on City property at Riverside Park and its use is governed by a lease with a term which expired on March 1, 2024. Staff has reviewed and made minor updates to the agreement, the map, and the Insurance requirements (Attachment 1). Staff recommends Council authorize the City Manager to negotiate and renew the lease of a portion of Riverside Park to Rusty Bowl BMX, Inc.

Recommended Action: Authorize the City Manager to Negotiate and Renew the Lease of a Portion of Riverside Park to Rusty Bowl BMX, Inc.

BUDGET AMENDMENT REQUIRED: None
CURRENT BUDGET AMOUNT: None
PROPOSED BUDGET AMOUNT: None
FINANCING SOURCE: NA
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH:

DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

Page 167 of 627 ends

Page 2 of 2 ends

GENERAL PLAN ELEMENTS (GP):GP-A4 - Public Facilities, Services, and Infrastructure Element

Page 168 of 627 ends

ATTACHMENT 1
1 DRAFT

LEASE AGREEMENT
This Lease, made this day of , 2024 (the "Effective Date"), by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Rusty Bowl BMX, Inc. a corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." Collectively, Lessor and Lessee are referred to as "the Parties."
RECITALS:

1. Lessor has the authority contained in Government Code §§ 37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required at this time and is available for Lease, and

2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah.

AGREEMENT:

1. LEASE.

The Parties agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Riverside Park", located on City property to the Southeast of East Gobbi Street, County of Mendocino and West of the Russian River, not already leased to the South Ukiah Little League or used for other park purposes. The "Leased Premises" is specifically depicted and described on the attached "Exhibit A," which is incorporated herein. The Lease includes the right to access the Leased Premises along the existing road, to provide access to other City-owned property, including parking areas. Lessor retains its right to use said road at any time for its own purposes and may make improvements or alterations to the road and parking areas at its sole discretion.

2. TERM.

The term of this Lease is for a period of five (5) years commencing on the effective date.

3. RENT.

As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year in full consideration hereof for the use of said property, said rent may be paid by Lessee to Lessor in advance for the full term.

3.1. Lessee specifically represents that it does not intend to make a profit on the use of the Leased Premises. All income derived from Lessee's use of the Leased Premises shall be used exclusively to sponsor or promote BMX bicycle racing on the Leased Premises or for improvements to the Leased Premises.

3.2. Lessee shall maintain regular books of account which it shall make available to Lessor upon demand for inspection or audit.

Page 169 of 627 ends

Attachment 1
2 3.3. Lessee agrees to provide signage in a location on the Leased Premises clearly visible to the general public which identifies Lessor as a sponsor of the Rusty Bowl BMX, INC. The size of the sign is not prescribed; however, the materials used for the sign shall be durable and resistant to the elements.

The City of Ukiah’s logo must be included on the sign and the logo must be mounted in an area maximizing visibility and durability.

4. USE AND IMPROVEMENTS.

Lessee hereby agrees to construct or install on the Leased Premises without cost or expense to Lessor all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon termination of this Lease except as set forth herein.

4.1. Lessee shall use the Leased Premises exclusively as a non-motorized, bicycle race course and for organized races under the Lessee's sponsorship and supervision.

4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. However, Lessee understands that Lessor is not experienced in the safe design of bicycle racecourses and relies upon Lessee's experience and expertise in designing a safe course under established standards. Lessee will make all reasonable efforts and take all reasonable precautions to design and construct a course that is safe and free from unreasonable hazards likely to cause injury to persons who use the course.

Lessee shall conduct races in accordance with the highest standards for safety and shall require the use of appropriate safety equipment by all persons who use the course.

4.3. Lessee shall maintain a six-foot security type fence around the entire perimeter of the Leased Premises, or in an alternative location with the approval of Lessor. Access to the Leased Premises shall be exclusively through a securely locked gate or gates that shall be secured against unauthorized entry at all times that the Leased Premises is not used or supervised by responsible officers, employees or representatives of Lessee. Lessee shall obtain prior written approval from Lessor for any alterations to the fence. Utilities as needed (water, electric, sewer) shall be constructed underground.

4.4. Lessee agrees to keep the Leased Premises and all improvements in good repair and order and to bear the full cost for maintenance of all improvements.

4.5. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this Lease.

4.6. Lessee is responsible for the relocation, alteration, removal, construction, or reconstruction of any municipal or private facilities, structures or utilities existing on Leased Premises which are presently in use or abandoned.

4.7. Lessee shall insure that no alcoholic beverages are possessed or consumed on the Leased Premises at any time. Lessee shall not use or permit the Leased Premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah and the State of California. Lessee shall not permit use of the property for any reason after the hour of 10:00 p.m. Lessee shall not permit vehicles to park on the Leased Premises between the hours of 10 p.m. and 8 a.m. and shall properly post the Premises in accordance with Vehicle Code requirements. In the event that Lessee would like to use the Leased Premises for

Page 170 of 627 ends

Attachment 1
3 special BMX events and/or activities which are outside of the designated Lease hours, the Lessee shall secure written approval from the Lessor.

4.8. Lessee shall be responsible for furnishing and paying for all utilities required at the Leased Premises, including, but not limited to, water, sewer, electricity, natural gas, and solid waste collection. Lessor assumes no responsibility or liability for utilities furnished to the Leased Premises and not properly maintained or paid for by Lessee.

5. ASSIGNMENT.

Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor.

6. INDEMNIFICATION AND INSURANCE

6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the Leased Premises, any defective condition or any faulty construction thereof existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including the fees of attorneys, consultants, experts, expert witnesses or investigators, on account of or arising out of any such injuries or losses however occurring.

6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference.

6.3 Notwithstanding the provisions of Exhibit B requiring Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the following conditions are met:
a. It maintains its status as a non-profit tax exempt organization; b. Its Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and
c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever.

Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this Paragraph

6.3 and shall immediately thereafter comply with the workmen's compensation provisions of Exhibit B.

7. TERMINATION.

7.1.This Lease or any renewal thereof, may be cancelled for any reason by either party on sixty (60) days written notice to the other party.

7.2. Lessor can cancel this Lease immediately for any breach of this Lease by Lessee, including, but

Page 171 of 627 ends

Attachment 1
4 not limited to, failure to provide insurance, without any prior notice to Lessee.

8. ATTORNEY'S FEES.

The prevailing party shall recover from the losing party its reasonable costs and attorney's fees in any legal action to enforce any of the terms of this Lease.

9. TIME OF ESSENCE.

Time is of the essence of this agreement.

10. WAIVER.

City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease.

11. NOTICES.

Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows:

TO LESSEE: TO CITY:

Rusty Bowl BMX, Inc. City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482

12. PARAGRAPH HEADINGS.

Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease.

13. PREVIOUS AGREEMENTS.

Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby cancelled and superceded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect.

14. DUPLICATE ORIGINALS.

This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease.

Page 172 of 627 ends

Attachment 1
5 Entered on the Effective Date.

CITY OF UKIAH
ATTEST:

By: _
Sage Sangiacomo, City
Manager
City Clerk
RUSTY BOWL BMX, INC.

By: _
It's:-------------

Page 173 of 627 ends

Exhibit A
Riverside Park Outlined in Yellow
Leased Area Outlined in Red

Page 174 of 627 ends

Page 1 of 1 ends

INSURANCE REQUIREMENTS FOR LESSEES
(NO AUTO RISKS)
Lessee shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee’s operation and use of the leased premises. The cost of such insurance shall be borne by the lessee.

I. Minimum Scope of Insurance
Coverage shall be at least as broad as:

A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 ).

B. Workers’ Compensation insurance as required by the State of California and Employer’s Liability insurance (for lessees with employees).

C. Property insurance against all risks of loss to any tenant improvements or betterments.

II. Minimum Limits of Insurance
Lessee shall maintain limits no less than:

A. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. Insurance must be written on an occurrence basis.

B. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.

C. Property Insurance: Full replacement cost with no coinsurance penalty provision.

III. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Lessee to provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee.

IV. REQUIRED INSURANCE PROVISIONS
Proof of General Liability policy is to contain, or be endorsed to contain, the following provisions:

A. The City, its officers, officials, employees and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee.

B. 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.

C. The lessee’s insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Lessee’s insurance and shall not contribute with it.

D. 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 the City.

V. Rating – Acceptability of Insurers
Insurance is to be placed with admitted California insurers with a current A.M. Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

VII. Verification of Coverage
Lessee shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City’s forms, endorsements must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

If you have questions regarding our insurance requirements contact: Risk Manager (707)-463-6287 Fax (707) 463-6204
Revised: 11/20/08

EXHIBIT B

Page 175 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.d.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2024-1551

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Award of Professional Services Contract for Audit Services to Van Lant & Fankhanel, LLP.

DEPARTMENT: Finance PREPARED BY: Olga Keough, Controller PRESENTER: Olga Keough, Finance Controller.

ATTACHMENTS:

1. Ukiah Engagement Letter FY 2024 (4)
Summary: Staff is requesting Council to award a three-year agreement for audit services to Van Lant & Fankhanel, LLP, in amount not to exceed $126,200, and to approve two 2-year extensions, if applicable.

Background: The City's current auditing contract with Van Lant & Fankhanel, LLC, has completed the fiscal year 2023 audit. Ukiah Valley Fire District uses the same auditing company, Van Lant and Fankhanel, LLC, and their contract ends with the fiscal year 2026 audit. Staff recommends entering into another three-year contract with Van Lant and Fankhanel, LLC, to align the City's audit contract with the UVFD audit contract.

Discussion: Van Lant & Fankhanel has been the City's auditors since 2015. The two principals of the firm, who will be working directly with the City, have over forty years of combined experience auditing cities and other governmental agencies throughout California.

The annual scope of work will include City audit and related reports, Single audit, Report of financial transactions to State Controller, Annual Comprehensive Financial Report (ACFR) and Street Report.

The not-to-exceed fees for these services are outlined below.

Please refer to Attachment 1 for a copy of the engagement letter. Staff recommends approving a three-year contract with Van Lant and Fankhanel, LLC for audit services for the amount not to exceed $126,200, and the option of two 2-year extensions. This will be budgeted for the next fiscal year, and each subsequent year of the agreement. Staff has been satisfied with the services provided by the firm.

Recommended Action: Approve a 3-year contract with Van Lant & Fankhanel, LLP for audit services in the amount of $126,200, and to approve two 2-year extensions, if applicable.

BUDGET AMENDMENT REQUIRED: N/A

Page 176 of 627 ends

Page 2 of 2 ends

CURRENT BUDGET AMOUNT: 20013400.52100: $0
PROPOSED BUDGET AMOUNT: 20013400.52100: $40,525 for FY2025 budget FINANCING SOURCE: Cost Allocation
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 1415197
COORDINATED WITH: Dan Buffalo, Finance Director and Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

Page 177 of 627 ends

February 22, 2024
To: Management and the City Council
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
We are pleased to confirm our understanding of the services we are to provide the City of Ukiah (City) for the year ended June 30, 2024.

Audit Scope and Objectives
We will audit the financial statements of the governmental activities, the business-type activities, each major fund and the aggregate remaining fund information, including the related notes to the financial statements, which collectively comprise the basic financial statements, of the City as of and for the year ended June 30, 2024.

Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management’s discussion and analysis (MD&A), to supplement the City’s basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the City’s RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
1) Management’s Discussion and Analysis
2) Budgetary comparison schedules.
3) Pension RSI.

We have also been engaged to report on supplementary information other than RSI that accompanies the City’s financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America, and we will provide an opinion on it in relation to the financial statements as a whole, in a report combined with our auditor’s report on the financial statements:
1) Schedule of expenditures of federal awards.
2) Combining schedules.

In connection with our audit of the basic financial statements, we will read the following other information and consider whether a material inconsistency exists between the other information and the basic financial statements, or the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. 1) Introductory Section
2) Statistical Section

1 ATTACHMENT 1

Page 178 of 627 ends

The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and issue an auditor’s report that includes our opinions about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP, and report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment of a reasonable user made based on the financial statements. The objectives also include reporting on:
 Internal control over financial reporting and compliance with provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards.
 Internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Auditor’s Responsibilities for the Audit of the Financial Statements and Single Audit We will conduct our audit in accordance with GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of the Uniform Guidance, and will include tests of accounting records, a determination of major program(s) in accordance with Uniform Guidance, and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Government Auditing Standards, we exercise professional judgment and maintain professional skepticism throughout the audit.

We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management. We will also evaluate the overall presentation of the financial statements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government.

Because the determination of waste and abuse is subjective, Government Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements or noncompliance may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management of any material errors, any fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government’s ability to continue as a going concern for a reasonable period of time.

Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests of the physical existence of inventories, and direct confirmation of receivables and certain assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will also request written representations from your attorneys as part of the engagement. 2

Page 179 of 627 ends

We may, from time to time and depending on the circumstances, use third-party service providers in serving your account. We may share confidential information about you with these service providers but remain committed to maintaining the confidentiality and security of your information. Accordingly, we maintain internal policies, procedures, and safeguards to protect the confidentiality of your personal information. In addition, we will secure confidentiality agreements with all service providers to maintain the confidentiality of your information and we will take reasonable precautions to determine that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In the event that we are unable to secure an appropriate confidentiality agreement, you will be asked to provide your consent prior to the sharing of your confidential information with the third-party service provider. Furthermore, we will remain responsible for the work provided by any such third-party service providers.

Our audit of financial statements does not relieve you of your responsibilities.

We will also provide a report on agreed upon procedures performed on the City’s calculation of its annual appropriations limit as required by Article XIII B of the California State Constitution. We will perform the procedures in the Article XIII B Appropriations Limit Uniform Guidelines as published by the League of California Cities. This report will include a statement that the report is intended solely for the information and use of management, City Council and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties.

Audit Procedures—Internal Control
We will obtain an understanding of the government and its environment, including internal control relevant to the audit, sufficient to identify and assess the risks of material misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override of internal control. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

Audit Procedures—Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City’s compliance with provisions of applicable laws, regulations, contracts, and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards applicable to major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City’s major programs. The purpose of these procedures will be to express an opinion on the City’s compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

Other Services
3

Page 180 of 627 ends

We will also assist in preparing the financial statements, schedule of expenditures of federal awards, and related notes of the City in conformity with U.S. generally accepted accounting principles and the Uniform Guidance based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statements, schedule of expenditures of federal awards, and related notes services previously defined.

We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.

You agree to assume all management responsibilities for the financial statements, schedule of expenditures of federal awards, and related notes, and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements, the schedule of expenditures of federal awards, and related notes and that you have reviewed and approved the financial statements, the schedule of expenditures of federal awards, and related notes prior to their issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.

Responsibilities of Management for the Financial Statements and Single Audit Our audit will be conducted on the basis that you acknowledge and understand your responsibility for (1) designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including internal controls over federal awards, and for evaluating and monitoring ongoing activities to help ensure that appropriate goals and objectives are met; (2) following laws and regulations; (3) ensuring that there is reasonable assurance that government programs are administered in compliance with compliance requirements; and (4) ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles; for the preparation and fair presentation of the financial statements, schedule of expenditures of federal awards, and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations (including federal statutes), rules, and the provisions of contracts and grant agreements (including award agreements). Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are also responsible for making drafts of financial statements, schedule of expenditures of federal awards, all financial records, and related information available to us and for the accuracy and completeness of that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. At the conclusion of our audit, we will require certain written representations from you about the financial statements; schedule of expenditures of federal awards; federal award programs; compliance with laws, regulations, contracts, and grant agreements; and related matters.

Your responsibilities include adjusting the financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements of each opinion unit taken as a whole.

You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants. You are also responsible for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts, 4

Page 181 of 627 ends

and grant agreements that we report. Additionally, as required by the Uniform Guidance, it is management’s responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings; promptly follow up and take corrective action on reported audit findings; and prepare a summary schedule of prior audit findings and a separate corrective action plan.

You are responsible for identifying all federal awards received and understanding and complying with the compliance requirements and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received, and COVID-19-related concepts, such as lost revenues, if applicable) in conformity with the Uniform Guidance. You agree to include our report on the schedule of expenditures of federal awards in any document that contains, and indicates that we have reported on, the schedule of expenditures of federal awards. You also agree to [include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon OR make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is stated fairly in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

You are also responsible for the preparation of the other supplementary information, which we have been engaged to report on, in conformity with U.S. generally accepted accounting principles (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to [include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the supplementary information.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or studies. You are also responsible for providing management’s views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.

Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash, accounts receivable, or other confirmations and schedules we request and will locate any documents selected by us for testing.

At the conclusion of the engagement, we will complete the appropriate sections of the Data Collection Form that summarizes our audit findings. It is management’s responsibility to electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors’ reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. We will coordinate with you the electronic submission and certification. The Data Collection Form and the reporting package must be submitted within the earlier of 30 calendar days after receipt of the auditors’ reports or nine months after the end of the audit period.

We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the property of VLF, LLP and constitutes confidential information.

However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made 5

Page 182 of 627 ends

available upon request and in a timely manner to the Oversight Agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of VLF, LLP personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the Oversight Agency for Audit, or Pass-through Entity. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

We will begin our audit in June of 2024 and plan to issue our reports in December of 2024. Brett Van Lant, CPA is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them.

Our fee for these services, as well as proposed fees for the two following fiscal years, are detailed below for your consideration:

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. In addition, the above fees are based on the assumption that the Single Audit will include no more than two major programs, in accordance with the Uniform Guidance.

Reporting
We will issue written reports upon completion of our Single Audit. Our reports will be addressed to the City Council of the City of Ukiah. Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add a separate section, or add an emphasis-of-matter or other-matter paragraph to our auditor’s report, or if necessary, withdraw from this engagement. If our opinions are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or issue reports, or we may withdraw from this engagement.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will state that (1) the purpose of the report is solely to describe the scope of testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance, and (2) the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. The Uniform Guidance report on internal control over compliance will state that the purpose of the report on internal control over compliance is solely to describe the scope of testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose. 2023/24 2024/25 2025/26
City audit and related reports 33,700 $ 34,750 $ 35,800 $ Single Audit, if required 3,100 3,300 3,450
State Controller's Report Preparation 2,275 2,500 2,650 GANN Limit 600 650 675
Street Report 850 925 975
Grand Total (not-to-exceed) $ 40,525 $ 42,125 $ 43,550
Fiscal Year
Service
6

Page 183 of 627 ends

We appreciate the opportunity to be of service to the City of Ukiah and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the attached copy and return it to us.

Very truly yours,

VAN LANT & FANKHANEL, LLP
Brett Van Lant
Certified Public Accountant
RESPONSE:

This letter correctly sets forth the understanding of the City of Ukiah.

Signature:

Title:

Date:
7

Page 184 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.e.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2024-1559

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of an Ordinance Adopting the Amended 2022 California Fire Code, Including the National Fire Protection Association (NFPA) 1 Chapter 38, Due to Local Conditions.

DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Chief Building Official / Fire Code Official UVFD PRESENTER: Matt Keizer, Chief Building Official
ATTACHMENTS:

1. CC Reso 2024-06 - Establishing Findings of Fact for State Building Standards Code - Local Conditions

2. Proposed 2022 Fire Code Ordinance - Clean
Summary: The Council will consider adopting an Ordinance to adopt the amended 2022 California Fire Code, including the National Fire Protection Association (NFPA) 1 Chapter 38, due to local conditions.

Background: California utilizes the International Fire Code (IFC) as published by the International Code Council (ICC) and amends the Code to specifically meet the hazards encountered statewide. The state also allows local jurisdictions to amend the Code based upon local conditions and needs, and then adopt the amended version of the Code via ordinance. The IFC and California Fire Code are updated every three (3) years and were last updated and adopted in 2019. On November 2, 2022, Staff brought an update to Council, and Council at that time appointed an ad hoc committee comprised of two Councilmembers (Crane/Orozco) and two Ukiah Valley Fire District (UVFD) Board Members (Jennings/Bushby) to discuss and review the Ordinance to ensure that the version of the Ordinance considered by the City and the UVFD were in alignment. Work with the Ad Hoc culminated in a draft ordinance that would amend the 2022 California Fire Code, including the National Fire Protection Association (NFPA) 1 Chapter 28, to address local conditions.

At its meeting on February 21, 2024, City Council adopted Resolution No. 2024-06 (Attachment 1), setting forth findings of fact regarding the need for modifications to the 2022 California Fire Code due to local conditions. Council also unanimously introduced an Ordinance by title only that would amend Division 6, Chapter 3, Articles 1 and 3, of the Ukiah City Code, entitled: 'Fire Prevention Code,' to adopt the 2022 California Fire Code, including additions or amendments, as well as NFPA 1 Chapter 38, to address local conditions.

Discussion: Staff recommends Council adopt the Ordinance (Attachment 2) amending Division 6, Chapter 3, Articles 1 and 3, of the Ukiah City Code, entitled: 'Fire Prevention Code,' to adopt the 2022 Edition of the California Fire Code, including additions or amendments, as well as NFPA 1 Chapter 38 thereto to address local conditions.

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

Page 185 of 627 ends

Page 2 of 2 ends

FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Community Development-Fire Prevention / UVFA DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element

Page 186 of 627 ends

RESOLUTION 2024- 06

RESOLUTION OF THE CITY OF UKIAH CITY COUNCIL ESTABLISHING FINDINGS OF FACT AND

NEED FOR CHANGES OR MODIFICATIONS TO THE STATE BUILDING STANDARDS CODE

BECAUSE OF LOCAL CONDITIONS
CHANGES OR MODIFICATIONS: Pursuant to Section 13869. 7, 17958. 5, 17958. 7, 17922, and 18941. 5 of the State of California Health and Safety Code, the City of Ukiah City Council in its ordinance adopting and amending the 2022 Edition of the California Fire Code with reference to the 2021 Edition of the International Fire Code, changes or modifies certain provisions of the 2022 California Building Standards Code ( Title 24, Part 9) as it pertains to the regulation of buildings used for human habitation. A copy of the text of such changes or modifications is attached.

Findings: Pursuant to Sections 17958. 5, 17958. 7, 17922, and 18941. 5 of the State of California Health and Safety Code, the City of Ukiah City Council has determined and finds that the attached changes or modifications to the 2022 California Building Standards Code are needed and are reasonably necessary because of local climatic, geographic, and topographic conditions.

Local Conditions: Local conditions have an adverse effect on the prevention of ( 1) major loss fires, ( 2) major earthquake damage, and ( 3) the potential for life and property loss, making necessary changes or modifications to the 2022 California Fire Code, 2021 International Fire Code and the 2022 California Building Standards Code in order to provide a reasonable degree of property security and fire and life safety in this Fire District.

Below are listed adverse local climatic ( see No. 1), geographic, and topographic ( see No. 2) conditions.

1. Climatic
a. Precipitation. Precipitation ranges from 13 to 71 inches per year with an average of approximately 37 inches per year. Approximately eighty- nine percent ( 89%) falls during the months of November through April, and eleven ( 11%) from May through October. b. Relative Humidity. Humidity generally ranges from 35% during daytime to 85% at night. The humidity can drop to 12% or lower during the summer months. c. Temperatures. Temperatures have been recorded as high as 115 degrees F. Average summer highs are in the 86 to 91 degree range.
d. Winds. Prevailing winds are from the northwest. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 3 — 18 mph range, gusting to 33 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur.
e. Summary. These local climatic conditions affect the acceleration, intensity, and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to the ignition of structure fires which have the potential to burn into the vegetation ( wildland), and vice versa. The winds experienced in this area can have a tremendous impact upon structure fires in buildings of L
close proximity to one another, commonly found in the residential neighborhoods throughout the Ukiah Valley. During structure, or wildland fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires,

Page 1 of 5 ends

Attachment 1

Page 187 of 627 ends

winds can literally force fire back into the building and create a blowtorch effect, in addition to preventing " natural" ventilation and cross-ventilation efforts.

2. Geographic and Topographic
a. The fire environment of a community is primarily a combination of two factors: the area' s physical geographic characteristics and the historic pattern of urban- suburban development.

These two factors, alone and combined, create a mixture of environments, which ultimately determines the area' s fire protection needs.

The basic geographical boundaries of the District include Nelson Ranch Road to the south, Cleland Mountain to the west, Gold Gulch to the north and Cow Mountain to the east.

Because of the size of the Ukiah Valley Fire District ( 98 square miles), the characteristics of the fire environment changes from one location to the next. Therefore, the District has not one, but a number of fire environments, each of which has its individual fire protection needs.

The service area of the Ukiah Valley Fire District has a varied topography and vegetative cover. A conglomeration of valley floor, mountainous slopes, and ridges make up the terrain.

Development has occurred on the flat lands in the central portion of the District. However, over the last thirty years, development has spread onto the surrounding mountainous slopes. b. Seismic Location. The relatively young geological processes that have created the San Francisco Bay Area are still active today. The District sits on the Maacama fault between the San Andreas fault to the west and the Bartlett Springs fault to the east. c. Size and Poaulation. The Ukiah Valley Fire District covers 98 square miles including a population estimated at 35,000. Ukiah Valley Fire has the largest number of dispatches of any fire district in Mendocino County. Within the Fire Protection District are four ( 4) fire stations and a total of 34 Fire District personnel. The Fire Protection District handles diverse responsibilities including wildland, urban, freeway, and medical. d. Roads and Streets. The 2005 Regional Transportation Plan states that the mountainous nature of Mendocino County tends to minimize ground transportation options throughout the region. As a result, lengthy cul-de-sacs, dead- end roads, and looped road systems generally service many of the existing and new developments. Some planned unit developments are served by private roads, which create access problems ( i. e., narrow paved widths and onstreet parking).

The roadway systems on the flat lands within the Ukiah Valley Fire District are for the most part a grid or loop system. Many of the roads servicing residential areas on the east and west foothills of the District are narrow and winding affording difficult ingress to emergency apparatus. Ingress and egress into the foothill areas will be made extremely difficult by largescale emergencies such as earthquake and wildland fire. e. To o ra h . The District' s service area is a conglomeration of valley floor, mountainous slopes, and ridges. The flatter lands are found in the central portion of the District. Most of the existing urban and suburbanized areas are on relatively flat lands (0— 5% slope).

Correspondingly, there is much diversity in slope percentages to the east and west of the valley floor. Slopes on the northeast side of the valley floor average 26% and range from 8- 80%.

Slopes on the southeast side of the valley floor average 35% and range from 9-80%. Slopes

Page 2 of 5 ends

Page 188 of 627 ends

on the northwest side of the valley floor average 32% and range from 13- 80%. Slopes on the southwest side of the valley floor average 48% and range from 6- 80%. Slope is an important factor in fire spread. As a basic rule of thumb, the rate of spread will double as the slope percentage doubles, all other factors remaining the same.

Elevations are varied in the District with the most southwest turn on Ruddick Cunningham Road listed as 566 feet above sea level. The average elevation of the valley floor within the District is 585 feet above sea level. The highest elevation is located above Willow Creek on the east side of the District at 2600 feet above sea level. f. Vegetation. The Ukiah Valley' s semi- arid Mediterranean- type climate produces vegetation similar to that of most of Mendocino County, with specific growth locale a result of topography and prevailing wind. The south facing exposures are primarily annual grass with occasional clumps of Oak trees. The east, north, west facing slopes are heavily wooded from lower elevations to ridge with Oak, Madrone, Douglas- fir, Redwood, and minor shrubs of the general Chaparral class.

Expansion of the residential community into areas of heavier vegetation has resulted in homes existing in close proximity to dense natural foliage. Often such dwellings are completely surrounded by highly combustible vegetation compounding the fire problem from a conflagration point of view.
g. Hydrology. The Ukiah Valley Fire District contains Lake Mendocino, the Russian River, Mill Creek, Robinson Creek and multiple ephemeral streams. Annual precipitation at or above the annual average of 37 inches can result in flooding along the Russian River and its tributaries.

These flooding events lead to increased emergency response times for apparatus responding through or around the flooded roadways.
h. Summa! y. The above local geographic and topographic conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Ukiah Valley Fire District.

Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself.

The majority of the Ukiah Valley' s industrial/ commercial complexes are located in close proximity to the Maacama fault. This fault zone also contains the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. The District' s resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single- dwelling or structure fires.

Other variables may tend to intensify the situation:
1) The extent of damage to the water system;
2) The extent of isolation due to bridge and/ or freeway overpass collapse; 3) The extent of roadway damage and/ or amount of debris blocking the roadways; 4) Climatic conditions ( hot, dry weather with high winds); 5) Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;
6) The availability of timely mutual aid or military assistance;

Page 3 of 5 ends

Page 189 of 627 ends

Conclusion: Local climatic, geographic, and topographic conditions impact fire prevention efforts, and the frequency, spread, acceleration, intensity and size of fire involving buildings in this community.

Further, they affect potential damage to all structures from earthquake, or flood, and subsequent fire.

Therefore it is found to be reasonably necessary that the California Fire Code and the State Building Standards Code be changed or modified to mitigate the effects of the above conditions.

Furthermore, California Health and Safety Code Section 17958. 7 requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the City of Ukiah City Council finds that the following table provides code sections that have been modified pursuant to Ordinance 2023- 1 which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to local climatic, geological and topographical reasons.

Section Number Local climatic geological and topographical conditions 315. 8 1 e, 2h
315. 8. 1 1 e, 2h
315. 8. 2 1 e, 2h
315. 8. 3 1 e, 2h
315. 8A 1e, 2h
315. 8. 5 1 e,2h
315. 8. 6 1 e, 2h
315. 8. 7 1 e, 2h
315. 8. 8 1 e, 2h
315. 8. 9 1 e, 2h
315. 8. 10 1e, 2h
503. 3. 1 le, 2a, 2d, 2e, 2f
503. 4. 2 le, 2a, 2d, 2e, 2f
505. 1 le, 2h
505. 3 le, 2h
505. 4 le, 2c
505. 5 le, 2h
506. 3 le, 2h
1201. 4 le, 2h
903. 2 le, 2h
3314. 1 le, 2h
Table B105. 2 le, 2h
BB105. 1 1w, 2h
5704. 2. 9.6. 1 le, 2h
5706. 2. 4.4 le, 2h
5806. 2 le, 2h
6104. 2 le, 2h
NOW, THEREFORE, BE IT FURTHER RESOLVED AND ORDERED that the Fire Chief of the Ukiah Valley Fire District shall provide a copy of the change or modification together with a copy of this resolution to the County of Mendocino pursuant to California Health and Safety Code Section 13869. 7( b)

Page 4 of 5 ends

Page 190 of 627 ends

PASSED AND ADOPTED, by the City of Ukiah City Council, County of Mendocino, State of California on February 21, 2024, by the following vote:

AYES: Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Duenas NAYS: None
ABSENT: None
ABSTAIN: None
JosPna uenas, Mayor
r
ATTEST:

Kristine Lawler, City Clerk

Page 6 of 6 ends

Page 191 of 627 ends

Page 1 of 12 ends

Attachment 2
ORDINANCE NO. 2024-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 3, OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION CODE.

The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE.

Article 1 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§5200 ADOPTION OF CALIFORNIA FIRE CODE
A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Ukiah, being marked and designated as the California Fire Code, 2022 Edition, including Appendix Chapter 4 and Appendices B, BB, C, CC, D, E, F, G, H, I, K, N and O as published by the International Code Council, and National Fire Protection Association (NFPA) 1 Chapter 38, is hereby adopted as the Fire Code of the City of Ukiah, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any, prescribed in Division 6, Chapter 3, Articles 2 and 3 of this code. §5200.5 INSERTIONS INTO CERTAIN SECTIONS OF THE CALIFORNIA FIRE CODE 2022

EDITION
The following sections of the California Fire Code, 2022 Edition, are hereby amended by inserting information specific to the City of Ukiah so that these sections read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Ukiah, hereinafter referred to as "this code."
Section 105.1, General, of Chapter 1 is amended to read as follows:
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.24 or other provisions of this code as required by the City of Ukiah.

Section 111.1, Board of Appeals Established, of Chapter 1 is amended to read as follows:
111.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be the Board of Directors of the Ukiah Valley Fire District or a sub- committee as appointed by the Board of Directors of the Ukiah Valley Fire District. The fire code official shall be an ex-officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for

Page 192 of 627 ends

Page 2 of 12 ends

conducting its business and shall render all decisions and findings in writing to the Appellant with a duplicate copy to the fire code official.

Section 111.3, Qualifications, of Chapter 1 is deleted.

Section 111.5, Appeals Process, of Chapter 1 is added to read as follows:
111.5 Appeals Process. The appeals process for appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code shall be defined by sections 111.5.1 through 111.5.5.

Section 111.5.1, Initiating Appeal, of Chapter 1 is added to read as follows:

Section 111.5.1 Initiating Appeal. Any beneficially interested party has the right to appeal the order served by the fire code official by filing a written “NOTICE OF APPEAL” with the office of the fire code official within ten days after service of such order and upon payment of the sum of $150. In the event the order of the fire code official is overturned following the appeal, the fee shall be returned. The notice shall state the order appealed from, the identity and mailing address of the Appellant, and the specific grounds upon which the appeal is made.

Section 111.5.2, Stay of Order, of Chapter 1 is added to read as follows:

Section 111.5.2 Stay of Order. The timely filing of a properly completed notice of appeal shall have the effect of staying the implementation of the order appealed from until the final decision of the appeal. Failure to file a timely notice of appeal waives any right to further challenge the order of the fire code official. “File” means delivered to the office of the fire code official at 300 Seminary Ln, Ukiah, California 95482.

Exception: Orders affecting acts or conditions which in the opinion of the fire code official, pose an immediate threat to life, property, or the environment as a result of panic, fire, explosion, or release are enforceable when made and are not stayed by the filing of a notice of appeal.

Section 111.5.3, Hearing of Appeal, of Chapter 1 is added to read as follows:

Section 111.5.3 Hearing of Appeal. Following is the process for establishing and hearing appeals:

The Board of Appeals, or the secretary thereof, shall set the matter to be heard at a date within thirty (30) days of receipt of such notice of appeal. Written notice of the time and place set for hearing shall be served on the Appellant by first class mail to the mailing address given in the notice of appeal. A hearing may not be conducted less than 20 days after notice is given to the applicant. The Board of Appeals may adopt rules governing the conduct of its hearings. Those rules shall include, at least, the following:

1. The fire code official shall submit evidence at the hearing substantiating his/her decision. Such evidence may include testimony, fire district, police or other reports of the incident, witness statements, and other documents. Not less than 10 days prior to the scheduled hearing, the fire code official must notify the Appellant of the name, address, and phone number of any witness to the violation and furnish the Appellant with a copy of any document the fire code official intends to submit at the hearing. Not less than seven (7) days prior to the hearing, the Appellant may

Page 193 of 627 ends

Page 3 of 12 ends

request the fire code official to produce at the hearing any witness he/she intends to rely upon to substantiate the violation. The written request must name the witness or witnesses who are requested to attend the hearing. The fire code official may not rely on the testimony of any witness (including such testimony contained in reports or written witness statements) whose appearance at the hearing is required by this subsection if that witness fails to appear.

2. Not less than 10 days prior to the hearing, the Appellant must notify the fire code official in writing of the name, address, and phone number of any witness the Appellant intends to call as a witness at the hearing, provide a brief description of the proposed testimony, and furnish the fire code official with a copy of any document the Appellant intends to offer as evidence at the hearing. The Appellant may not call any witness to testify at the hearing who was not identified as required by this subsection or offer any document as evidence at the hearing that was not provided to the fire code official as required by this subsection.

3. At the hearing, the Appellant may be represented by an attorney, at the Appellant’s expense. Both the fire code official and the Appellant shall have the right to examine and cross-examine any witness produced at the hearing. The rules of evidence that normally apply in court shall not apply in a hearing before the Board of Appeals, but it shall only consider evidence that would be relied upon by reasonable people making an important decision, and shall disregard evidence that by its nature is unreliable or not credible.

4. The entire hearing shall be electronically or stenographically recorded. The Board of Appeals shall base its decision exclusively on the evidence presented at the hearing and shall issue a written decision, which includes a statement of the relevant facts that it finds to be true and explains how the facts support its decision. The record of the hearing shall be preserved for not less than six (6) months after the decision is served on the Appellant.

Section 111.5.4, Hearing Decision, of Chapter 1 is added to read as follows:

Section 111.5.4 Hearing Decision. The chairperson of the Board of Appeals shall issue the written decision required by subsection 4 of Section 111.4.3 Hearing of appeal. The Board of Appeals may issue a decision affirming, modifying, or vacating the order of the fire code official. The decision shall be in writing and shall be served upon the Appellant by first class mail to the mailing address given in the notice of appeal. The hearing decision shall include notice of the Appellant’s right to seek review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

Section 111.5.5, Finality of the Decision of the Board of Appeals, of Chapter 1 is added to read as follows:

Section 111.5.5 Finality of the Decision of the Board of Appeals. The decision of the Board of Appeals shall be the final decision for the District. The Board of Appeals shall have the power to continue any hearing and may, at its discretion, take the appeal under submission. The Board of Appeals shall render a decision not later than the seventh (7th) day following the date the matter was taken under submission, and forthwith notify the interested parties as previously set forth.

Section 111.5.6, Appeal to Superior Court, of Chapter 1 is added to read as follows:

Page 194 of 627 ends

Page 4 of 12 ends

Section 111.5.6 Appeal to Superior Court. Judicial review of the decision of the Board of Appeals shall be governed by the Code of Civil Procedure Sections 1094.5 and 1094.6.

Section 111.5.7, Enforcement of Decision, of Chapter 1 is added to read as follows:

Section 111.5.7 Enforcement of Decision. Unless stayed by a court, any final decision of the Board of Appeals is effective immediately and may be implemented and enforced by the District. The remedies provided by this code are cumulative and in addition to any other remedies available at law or in equity.

1. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall constitute a violation.

2. Violations of this code are hereby declared to be public nuisances.

3. A violation of this code constitutes a misdemeanor/infraction punishable by a fine of $1,000 or by imprisonment in the County jail for six months, or both.

4. In addition to other remedies provided by this ordinance or by other law, any violation of this ordinance may be remedied by a civil action brought by the District, including, for example, administrative or judicial nuisance abatement proceedings, other legally authorized enforcement proceedings, and suits for injunctive relief.

Section 11.4, Violation Penalties, of Chapter 1 is amended to read as follows:

Section 11.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor/infraction. The first citation within a 12-month period, for violations of the Fire Code and any amendments adopted herein shall be treated as a Civil Penalty payable directly to the Ukiah Valley Fire District and is set at $250.00 plus the actual costs of all inspections required to gain compliance at the current rate set from time to time by the Ukiah Valley Fire District, per hour with a 1 hour minimum. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing the citation, unless an appeal is filed as provided in this section.

Upon failure to pay the civil penalty when due, the responsible person shall be liable for civil action brought by the Ukiah Valley Fire District for such penalty and costs of the litigation, including reasonable attorney’s fees.

Any subsequent citations within a twenty-four (24) month period for any violations of the Fire Code and any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the penalties set forth herein, or a civil penalty shall be assessed in the sum of $500.00 plus the actual costs of all inspections required to gain compliance at the current rate set from time to time by the Ukiah Valley Fire District. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall be held to prevent the enforced correction of the prohibited condition. Nothing contained in this Section shall be construed or interpreted to prevent the Ukiah Valley Fire District

Page 195 of 627 ends

Page 5 of 12 ends

from recovering all costs associated with a Fire District response as described in the Ukiah Valley Fire District’s current cost recovery ordinance, Ordinance 2004-1, or subsequent cost recovery ordinances.

Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Ukiah Valley Fire District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5.

At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Ukiah Valley Fire District of the intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief’s decision to the Board of Directors of the Ukiah Valley Fire District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Ukiah Valley Fire District is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney’s fees.

Any person receiving a citation for a civil penalty pursuant to Section 112.3, Violation Penalties, of Chapter 1, may file an appeal per Section 111.5 through 111.7 of this code against the imposition of the civil penalty or response costs and expense.

Section 112.4, Failure to Comply, of Chapter 1 is amended to read as follows:

Section 112.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine payable directly to the Ukiah Valley Fire District in the amount set at not less than $250.00 or more than $1000.00 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Ukiah Valley Fire District. This civil penalty shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided for in Section 108.4.

Section 315.8 Lithium battery storage and handling, of Chapter 3, is hereby added to read as follows:
315.8 Lithium battery storage and handling. The storage and handling of lithium-ion and lithium metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply with Sections 315.8.1 through 315.8.10, and Chapter 32 where applicable. 315.8.1 Permits. Permits shall be required as set forth in Section 105.6.27. 315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries stored and handled in a single fire area shall not exceed 9,000 pounds (4086 kg). 315.8.3 Construction requirements. Fire areas shall be separated from each other by fire barriers

Page 196 of 627 ends

Page 6 of 12 ends

having not less than a 2-hour fire-resistance rating constructed in accordance with Section 707 of the Building Code and horizontal assemblies constructed in accordance with Section 711 of the Building Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a building shall be four.

315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of lithium batteries per fire area shall be in an approved Group H, Division 2 occupancy constructed in accordance with the Building Code and provided throughout with approved automatic smoke detection and radiant-energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium battery storage or handling shall be equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1. The design of the sprinkler system within each fire area shall not be less than that required for Extra Hazard Group 2 with a minimum design area of 2,500 square feet.

Where the storage arrangement is required by other provisions of this code to be provided with a higher level of sprinkler system protection, the higher level of sprinkler system protection shall be provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke detection system that activates an approved occupant notification system shall be provided throughout each fire area in accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that activates an approved occupant notification system shall be installed throughout each fire area in accordance with Section 907.
315.8.9 Collection containers. Containers used to collect or store lithium batteries shall be:
noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6 L); or be approved for transportation in accordance with the Department of Transportation (DOT). 315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard commodity in accordance with Chapter 32 and where applicable, lithium battery storage shall comply with Chapter 32 in addition to Section 315.8.

Section 503.3.1, Fire Lane Designation, of Chapter 5 is hereby added to read as follows:

Section 503.3.1 Fire Lane Designation. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code section 22500.1 (public) or 22658(a) (private).

Section 503.4.2, Roadway Design Features, of Chapter 5 is hereby added to read as follows:

Section 503.4.2 Roadway Design Features. Roadway design features (speed bumps, speed humps, speed control dips, etc.) which may interfere with emergency apparatus responses shall not be installed on fire access roadways, unless they meet design criteria approved by the fire code official.

Section 505.1, Address Identification, of Chapter 5 is hereby amended to read as follows:

Page 197 of 627 ends

Page 7 of 12 ends

Section 505.1 Address Identification. Approved numbers and/or addresses shall be placed and maintained on all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said number shall contrast with their background and shall meet the minimum standards as to size: 4" high with a 0.5" stroke for residential buildings, 6' high and a 0.5" stroke for commercial and multi-residential buildings, 12" high with a 1" stroke for industrial buildings. Additional numbers shall be required where deemed necessary by the fire code official, such as rear access doors, building corners, and entrances to commercial centers. The fire code official may establish different minimum sizes for numbers for various categories of projects.

Section 505.3, Easement Address Signs, of Chapter 5 is hereby added to read as follows:

Section 505.3 Easement Address Signs. All easements, which are not named differently from the roadway from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement, located where the easement intersects the named roadway. Minimum size of numbers on that sign shall be 4" in height with a minimum stroke of 0.5" and shall contrast with the background.

Section 505.4, Map Directories, of Chapter 5 is hereby added to read as follows:

Section 505.4 Map Directories. A lighted directory map, meeting current Fire District standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the numbers of units in such projects exceed 15.

Section 505.5, Response Map Updates, of Chapter 5 is hereby added to read as follows:

Section 505.5 Response Map Updates. Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format (PDF and/or CAD format as approved by the fire code official) or compatible with current District mapping services, and shall be charged a reasonable fee for updating all response maps associated with this development.

Section 506.3, Emergency Electrical Disconnects, of Chapter 5 is hereby added as follows:

Section 506.3 Emergency Electrical Disconnects. Where access to main electrical control panels requires entry to, and passage through, portions of a structure which may be involved with fire, smoke, gasses, hazardous materials, or which otherwise present unsafe conditions to emergency personnel, the fire code official may require that a means of remotely disconnecting electrical service to the structure be provided. This means of remotely disconnecting electrical service shall be by a secured key switch mechanism approved by the official Fire District.

Section 041201.43.1.1, Alternate Power Sources, of Chapter 12 is hereby added to read as follows:

Section 041201.4.3.1.1 Alternate Power Sources. All permanent installations of electrical generators, wind generators, or other power sources shall be approved by the building code official. All applicable provisions of the California Electrical Code, the California Plumbing Code, the California Building Code, California Residential Code, and this Code shall be followed for any such installation.

Permanent engraved and affixed signage, red in color, reading "WARNING – This premises is provided with an Alternate Power source, Disconnection of commercial power may not disable the electric power source." Lettering shall be a minimum of 0.5" tall and shall be permanently affixed on each electrical panel subject to back-feed form alternate power sources. Any and all power disabling switches shall be clearly labeled.

Page 198 of 627 ends

Page 8 of 12 ends

Section 903.2, Where required, of Chapter 9 is hereby amended to read as herein provided. This section shall not amend the portion commencing and following Section 903.2.1.

Section 903.2 Where required. Approved automatic sprinkler systems in new, additions to existing, remodeled, added to or altered buildings and structures shall be provided in the locations described in this section.

A. Approved automatic sprinkler systems shall be provided in the new buildings and structures requiring a fire flow of 2000 gallons per minute (GPM) or greater as determined by Appendix B of this code.

B. Approved automatic sprinkler systems shall be provided in addition to existing structures where the new total building area would require a fire flow of 2,000 gallons per minute (GPM) or greater as determined by Appendix B of this code.

C. Approved automatic sprinkler systems shall be provided in existing structures where improvements occur during any three (3) year period which meet the definition of a “substantial remodel” and requiring a fire flow of 2,000 gallons per minute (GPM) or greater as determined by Appendix B of this code.

Exception: Projects which are solely complying with statutory regulations (examples may be Health and Safety Codes, earthquake/seismic, American Disabilities Act (ADA), or façade improvements) will not trigger this requirement.

D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30 feet in height above lowest grade level.

E. Approved automatic sprinkler systems shall be provided in those new, additions to existing, remodeled, added to or altered buildings and structures which require a fire flow, as determined by Appendix B of this code, in excess of the capability of the available water supply.

F. Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile homes, and manufactured homes.

For purposes of this Section, “substantial remodel” shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects an area of work that exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the area of work for all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

Definition: Area of work: (For the purpose of determining the square footage affected by a construction permit.) An area, where work activity takes place for which a permit is required plus 5 feet in all directions and does not include adjacent spaces where no work requiring a permit is being done.

Page 199 of 627 ends

Page 9 of 12 ends

Example: 10-foot walls are moved that will take two spaces and turn them into one. The only area of work would be the wall plus five feet on either side. Total square footage 100 square foot assuming there is no other work being done that would require a permit in the same space.

Section 3313.1, Where required, of Chapter 33 is hereby amended to read as follows:

Section 3313.1 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed during construction for each story above or below the first-floor grade. Such standpipes shall be provided with Fire District hose connections at locations adjacent to stairways complying with Section 3311.1. Such standpipes shall be extended to the floor of the highest point of construction having secured decking or flooring.

Table B105.2, Buildings other than one- and two-family dwellings, of Appendix B is hereby amended as follows:

AUTOMATIC SPRINKLER
SYSTEM
(Design Standard)

MINIMUM FIRE FLOW
(gallons per minute)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)
b
Duration in Table B105.1(2) at
the reduced flow rate
Section BB105.1, Fire-Flow requirements for buildings, of Appendix BB is hereby amended as follows:

Section BB105.1 The minimum fire flow and flow duration for school buildings shall be specified in Table BB105.1.

Exception: A reduction in required fire flow of up to 50 percent is allowed when the building is provided with an approved sprinkler system.
§5201 DEFINITIONS
In the California Fire Code, herein adopted, the terms used therein shall comply with the common construction given to and usage of them in the City and as hereinafter defined. §5202 ENFORCEMENT
A. The California Fire Code (CFC) herein adopted shall be enforced by the Chief of the Ukiah Valley Fire District who is hereby appointed to supervise the Bureau of Fire Prevention and such regularly employed members of said District in accordance with the applicable provisions of the California Fire Code.

B. Section 104.3 of the California Fire Code is amended by adding subsection 104.3.2 thereto as follows:

Page 200 of 627 ends

Page 10 of 12 ends

For the purpose of providing and maintaining functions necessary for the prevention of fire and for the protection of life and property from fire and panic, there is hereby established a "selfinspection program" assuring that certain California building code (CBC) group B, F, H, L, M, and S occupancies within the city are inspected on an annual basis for fire safety.

The Ukiah Fire District shall deliver, by hand or by mail, "self-inspection worksheet" and "business and emergency record" forms as established from time to time by said District to certain CBC group B, F, H, L, M, & S occupancies within the city on an annual basis, or as may be initiated through the business license application process.

The owner or manager of said occupancy or person in highest authority in said occupancy shall be allowed thirty (30) days from issue date, as noted on the self-inspection worksheet, in which to conduct an inspection for fire safety, correct any deficiencies, complete said forms, and return completed forms to the Ukiah Valley Fire District as directed by the fire chief or his designee.

Any person who fails to comply with the requirements to return said forms duly completed and to correct the deficiencies noted in said occupancies within thirty (30) days of the issuance of said forms shall be guilty of an infraction, punishable by a fine of $100 for a first offense, $500 for a second offense and $1,000 for a third or subsequent offense.

SECTION TWO.

Article 3 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read as follows:
* * *
§5216 SECTION 903.2
Section 903.2 (not including sections 903.2.1 and all subsections thereof) of the California fire code, 2010 edition, is amended to read as follows:

Section 903.2 – Where Required. Approved automatic sprinkler systems in new, additions to existing, remodeled, added to or altered buildings and structures shall be provided in the locations described in this section.

A. Approved automatic sprinkler systems shall be provided in new buildings and structures requiring a fire flow of 2,000gallons per minute (gpm) or greater as determined by appendix B of this code.

B. Approved automatic sprinkler systems shall be provided in additions to existing structures where the new total building area would require a fire flow of 2,000 gallons per minute (gpm) or greater as determined by appendix B of this code.

C. Approved automatic sprinkler systems shall be provided in existing structures where improvements occur during any three (3) year period wch meet the definition of a “substantial remodel” and requiring a fire flow of 2,000 2 gallons per minute (gpm) or greater as determined by appendix B of this code.

Exception: Projects which are solely complying with statutory regulations (examples may be health and safety codes, earthquake/seismic, American disabilities act (ADA), or facade improvements) will not trigger this requirement.

Page 201 of 627 ends

Page 11 of 12 ends

D. Approved automatic sprinkler systems shall be provided in new structures exceeding 30 feet in height above the lowest grade level.

E. Approved automatic sprinkler systems shall be provided in those new, additions to existing, remodeled, added to or altered buildings and structures which require a fire flow, as determined by appendix B of this code, in excess of the capability of the available water supply.

F. Approved automatic sprinkler systems shall be installed per 903.3.1.3 in new mobile homes, and manufactured homes.

G. For purposes of this Section, “substantial remodel” shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects an area of work that exceeds fifty percent (50%) of the existing floor area of the structure.

When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the area of work of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes. * * *
§5218 SECTION 506.3
Section 506.3 of the California fire code, 2010 edition, is added as follows:

Section 506.3 – Emergency Electrical Disconnects.

Where access to main electrical control panels requires entry to, and passage through, portions of a structure which may be involved with fire, smoke, gasses, hazardous materials, or which otherwise present unsafe conditions to emergency personnel, the chief may require that a means of remotely disconnecting electrical service to the structure be provided. This means of remotely disconnecting electrical service shall be by a secured key switch mechanism approved by the Fire District. * * *
§5223 GEOGRAPHIC LIMITS
The geographic limits referred to in certain section of the California Fire Code are hereby established as follows: 2022 edition of the
Section 5704.2.9.6.1 The geographic limits referred to in Section 5704.2.9.6.1 of the 2022 edition of the California Fire Code in which storage of Class I, Class II, and liquids in outside above ground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the County of Mendocino, and agricultural land of less than two (2) acres.

Section 5706.2.4.4 The geographic limits referred to in Section 5706.2.4.4 of the 2022 edition of the California Fire Code in which storage of Class I, Class II, and liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the County of Mendocino, and agricultural land of less than two (2) acres.

Page 202 of 627 ends

Page 12 of 12 ends

Section 5806.2 The geographic limits referred to in the 2022 edition of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and heavily populated or congested commercial areas, as established by the County of Mendocino.

Section 6104.2 The geographic limits referred to in Section 6104.2 of the 2022 edition of the California Fire Code in which storage of liquefied petroleum gas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters), is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Ukiah.

SECTION TWO.

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

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

Introduced by title only on February 21, 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on , 2024, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Josefina Dueñas, Mayor
ATTEST:

Kristine Lawler, City Clerk
Councilmembers Rodin, Orozco, Sher, Crane, and Mayor Dueñas None
None
None

Page 203 of 627 ends

Page 1 of 2 ends

Agenda Item No: 8.f.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2024-1560

AGENDA SUMMARY REPORT
SUBJECT: Notification to City Council of Purchase of Services from SHN Consulting Engineers & Geologists, Inc. in the Amount not to Exceed $53,650 for the Dewatering Project Material Inspection.

DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:

1. SHN - Dewatering Proj Material Inspection - 2324-149 Fully Executed Summary: Council will receive a report of Purchase of Services from SHN Consulting Engineers & Geologists, Inc. in the Amount not to Exceed $53,650 for the Dewatering Project Material Inspection.

Background: The Dewatering Project at the Wastewater Treatment Plant is a series of systemic improvements that are currently under construction. In early 2022, the City purchased two pieces of equipment as part of these improvements. The equipment includes a suspended air flotation (SAF) device that separates bio-solids from wastewater and a screw press which presses water out of the bio-solids. These two new machines are replacing outdated and failing equipment and will eventually allow the plant to produce a different class bio-solid that can be turned into fertilizer or other uses.

Discussion: The project will require the installation of new concrete slabs, anchor bolts, minor sidewalk work and repair which will require in-place density testing of aggregate base, material thickness testing, documentation and misc. sampling services. SHN will be performing these engineering services. SHN is a skilled engineering firm that has worked on many City projects, including the road and utility work on Dora, Clara, and Redwood Business Park.

The fully executed contract can be found in Attachment 1.

Recommended Action: Receive a report of Purchase of Services from SHN Consulting Engineers & Geologists, Inc. in the Amount not to Exceed $53,650 for the Dewatering Project Material Inspection.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.52100: $197,092.69
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Budgeted Funds
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Jason Benson, Senior Engineer
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 7a – Expand sustainable water practices.

GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element

Page 204 of 627 ends

Page 2 of 2 ends

Page 205 of 627 ends

AGREEMENT FOR

PROFESSIONAL CONSUL TING SERVICES
This Agreement, made and entered into this 24 day of January, 2024 f'Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and SHN, a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant".

RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to material testing and special inspection services.
b. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement.

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement.

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $53,650. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and expenses of every kind or nature, except direct 1 COU No. 2324-149

Page 206 of 627 ends

expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-toexceed guaranteed maximum, even if actual time and expenses exceed that amount.

4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipated on the date they entered this Agreement.

4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1.

4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of the invoice less any amount already paid to Consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and to support the expenses claimed.

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. 2 It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

Those provisions of this Agreement that reserve ultimate authority in City have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and City.

Consultant shall pay all estimated and actual federal and state income and selfemployment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit.

Page 207 of 627 ends

Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement.

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City's local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being no�ified of the City Manager's determination.

6.0 INDEMNIFICATION

6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the full period of time allowed by law, surviving the termination of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. 3 A. Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage - Completed Operations Form No. CG 20 37 10 01.

2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.

3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance.

4. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.

8. Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. 2.

General Liability: $1,000,000 combined single limit 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, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage.

Page 208 of 627 ends

4 C.

3. 4.

Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.

Errors and Omissions liability: $1,000,000 per occurrence.

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 to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:

1. General Liability and Automobile Liability Coverages a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement.

Page 209 of 627 ends

3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend one year from date of final approved invoice for this project.

4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating.

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted.

All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium.

G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor or sub-consultant. All coverage for sub-contractors or sub-consultants shall be subject to all insurance requirements set forth in this Paragraph 6.1.

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant in the performance of services under this contract by Consultant, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.
5

Page 210 of 627 ends

"Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors.

7.0 CONTRACT PROVISIONS

7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".

All documents produced by Consultant shall be furnished to City in digital format and hardcopy. Consultant shall produce the digital format, using software and media approved by City.

7.2 Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County.

7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties.

7.4 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect.

7.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing.

7.6 Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent.

7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services 6

Page 211 of 627 ends

performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. Alternatively, this Agreement may be executed and delivered by facsimile or other electronic transmission, and in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. When executed using either alternative, the executed agreement shall be deemed an original admissible as evidence in any administrative or judicial proceeding to prove the terms and content of this Agreement.

8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows:

CITY OF UKIAH SHN INC.

DEPT. OF PUBLIC WORKS ATTN: JASON ISLAND
300 SEMINARY AVENUE 335 S. MAIN STREET
UKIAH, CALIFORNIA 95482-5400 WILLITS, CA 95490

9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:

CONSULTANT
BY: ----------- Date
PRINT NAME: -------
IRS ION Number

CITY OF UKIAH
BY: ----------- Date

CITY MANAGER
ATTEST
7 Jason Island
1/29/24
Feb 29, 2024 Page 212 of 627
CITY CLERK Date
8 Kristine Lawler (Feb 29, 2024 13:51 PST)
Kristine Lawler Feb 29, 2024 Page 213 of 627

ATTACHMENT A
Phone: (707) 459-4518 Email: [email protected] Web: shn-engr.com 335 S. Main Street, Willits, CA 95490-3977
Reference: 423000.002
January 22, 2024
Jason Benson
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Subject: Cost Estimate and Fee Schedule for Materials Testing and Special Inspection Services during Completion of the City of Ukiah Wastewater Treatment Plant, 300 Plant Road, Ukiah, California Dear Jason Benson:

SHN is pleased to provide the following fee schedule and cost estimate for materials testing and special inspection services during the thickening and dewatering improvements at the City of Ukiah Wastewater Treatment Plan located at 300 Plant Road in Ukiah, California. This estimate was based on the plan set provided by West Yost (dated July 2023 with job number 592-50-22-14) and project specifications.

We have reviewed the construction plan set and specifications provided by West Yost, and our understanding is that the anticipated scope of work necessary to complete this project includes installation of new concrete slabs (subgrade, rebar, and concrete included), anchor bolts, and minor sidewalk work. Costs for sampling and testing structural concrete, in-place density testing of aggregate base for new walkways and sitework improvements, and material thickness testing of the currently installed structural steel members is included. During the installation of these new construction materials, we have anticipated the following items that will require special inspection, testing, and documentation: structural concrete for new slabs, and equipment pads, welding and post-installed anchors for equipment and pipe support fastening.

Because the nature of construction scheduling is subject to change based on field conditions, we propose that SHN provides these services on an on-call basis, under the direction of your project manager. This means that, if we provided an estimated number of hours for an inspection task, and that task is completed in fewer hours than what was estimated, we will only charge for the time associated with the work you have requested. We have based the following cost and schedule on our understanding that the materials testing work will be subject to California Department of Industrial Relations Prevailing Wage Rates.

The following rates will be associated with this project. • Project Manager: $165/hour
• Laboratory Engineering Manager: $125/hour
• Prevailing Wage Field Technician: $195/hour-$205/hour • Non-Prevailing Wage Technician: $105-$135/hour
CIVIL ENGINEERING• ENVIRONMENTAL SERVICES• GEOSCIENCES •PLANNING• SURVEYING

Page 214 of 627 ends

Jason Benson
Cost Estimate and Fee Schedule for Materials Testing and Special Inspection Services, City of Ukiah Wastewater Treatment Plant, 300 Plant Road, Ukiah January 22, 2024

Page 2 ends

• Mileage (52 miles round trip to the project site): $0.655/mile • Mobilization (1 hour door-to-door from Willits to Ukiah): $105/hour-$135/hour • Laboratory fe_es per the attached 2024 Laboratory Billing Schedule Task Item 001-Project Management
Project management includes scheduling inspections, reviewing and distributing reports, preparing invoices, ahd tracking costs. In addition, SH N's Engineering Manager will provide oversight and review of project reports. We anticipate that the time required for project management will vary depending on the current work activities that are occurring during each phase of the project. In addition, a final summary report will be required at the completion of the project. For the purpose of this cost estimate, we have assumed that the project will generally require up to 4 hours/week for project management throughout the length of construction. The project schedule provided projects up to 16 weeks to complete. We have estimated up to 64 hours for project management.

Project Manager $165/hour x 1 hours/week $2,640
Laboratory Manager $125/hour x 3 hours/week $6,000
Project Management $8,640
Task Item 200-Sitework Compaction Testing and Laboratory Testing Compaction testing of subgrade and aggregate base for sitework improvements will be required.

Compaction testing will include density testing of in-place materials and associated laboratory testing.

We have estimated up to 8 site visits for compaction testing. Each site visit will require up to 2 hours onsite, mobilization, and equipment. In addition, we anticipate up to three laboratory prepared compaction curves.

Special Inspector-Compaction Testing $205/hour x 2 hours/trip $410 Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0.90/mile x 50 miles/trip $45 Nuclear Density Gauge $35/hour x 3 hours/trip $105
Compaction Testing Cost Per Trip $695
$975
$6,535
Task Item 300-Sitework and Equipment Pad Concrete Sampling and Testing
Concrete for sitework improvements, and mechanical equipment pads will require sampling and testing.

Samples will be collected during placement for structural features. Concrete samples will be stored onsite for the initial curing time, then delivered to the laboratory the following day for final curing and testing. If requested, SHN can also review and provide comments for concrete mix design submittals.

We have estimated up to 1 0 concrete sampling events for the project. Each sampling event will take up to 4 hours onsite and require one set of samples for compression testing.

P:\ Will its\2023\Promos\423000.002-GeoGen\PU BS\pro mos\20240122-CityofU kiah_ WWTP _Proposal_rev1 .docx

Page 215 of 627 ends

Jason Benson
Cost Estimate and Fee Schedule for Materials Testing and Special Inspection Services, City of Ukiah Wastewater Treatment Plant, 300 Plant Road, Ukiah January 22, 2024

Page 3 ends

Special Inspector-Concrete Testing $205/hour x 4 hours/trip $820 Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0.90/mile x 50 miles/trip $45 Sample Pickup and Log In $135/hour x 2 hours/trip $270
Concrete Compressive Strength $35/sample x 5 samples/set $175 Sitework and Equipment Pad Concrete Sampling and Testing Cost-Per-Trip $1,445 Concrete Mix Desi n Review and Comment $135/hour x 1 hour/mix desi n $135 Sitework Concrete Cost for 10 Site Visits and One Mix Design Review $14,585 Task Item 301-Rebar Inspection and Testing
Samples of rebar will be collected and tested for material conformance and rebar placement observation will occur for each concrete placement event. This estimate assumes that rebar sampling and material identification will occur at the project site, and that rebar samples will then be shipped to the laboratory for testing. We have estimated up to 2 sampling events for rebar sampling and testing and 4 sets of rebar samples. We have also estimated up to 1 O site visits for rebar placement inspection prior to concrete placement.

Rebar Placement Inspection $205/hour x 2 hours/trip $410 Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0.90/mile x SO miles/trip $45 Rebar Placement Inspection Cost-Per-Trip $590
Special Inspector-Rebar Sampling $205/hour x 2 hours/trip $410 Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0.90/mile x 50 miles/trip $45 Rebar Sampling and Testing Cost-Per-Trip $590
Rebar tension and Bend Testin $200/sample set x 4 sample sets $800 Rebar Inspection and Testin -10 Site Visits, 2 Sampling Events and Laboratory Testing $7,880 Task Item 501-Welding Inspection
Welding inspection will be required for the installation of specific equipment supports, pipe supports and construction of specific process piping. Weld inspection will consist of reviewing welder qualification paperwork and weld procedure specifications, observation of weld joint fit and periodic observation of welding processes during construction. We have estimated up to 4 site visits for site welding inspection.

Special Inspector-Welding Inspection $205/hour x 2 hours/trip $410 Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0. 90/mile x SO miles/trip $45 P:\Willits\2023\Promos\423000.002-GeoGen\PUBS\promos\20240122-CityofUkiah_WWTP _Proposal_rev1 .docx

Page 216 of 627 ends

Jason Benson
Cost Estimate and Fee Schedule for Materials Testing and Special Inspection Services, City of Ukiah Wastewater Treatment Plant, 300 Plant Road, Ukiah January 22, 2024

Page 4 ends

Welding Inspection Cost-Per-Trip I $590 I
Welding Inspection Cost for 4 site visits I $2,360 I
Task Item 502-Post-lnstalled Anchor Installation Inspection and Testing
The installation of mechanical, plumbing, and electrical equipment will require special inspection and proof load testing. We have estimated up to 13 site visits, and 4 hours per trip to observe installation and provide testing of post-installed anchorages for structural elements.

Special Inspector $205/hour x 4 hours/trip $820
Mobilization $135/hour x 1 hour/trip $135
Vehicle Mileage (door to door from Willits) $0.90/mile x 50 miles/trip $45 Calibrated Torque Wrench $SO/day $50
Post-Installed Anchor Installation Inspection and Testing Cost-Per-Trip $1,050 Post-Installed Anchor Installation Inspection and Testing Cost for 13 Site Visits I $13,650 I Project Summary:

Task Item 001-Project Management $8,640
Task Item 200-Sitework Compaction Testing and Laboratory Testing $6,535 Task Item 300-Sitework Concrete Sampling and Testing $14,585 Task Item 301-Rebar Inspection and Testing $7,880
Task Item 501-Welding Inspection $2,360
Task Item 502-Post-lnstalled Anchor Installation Inspection and Testing $13,650 Total Project Cost Estimate $53,650
Special Inspections will be performed on an on-call basis, under the direction of your project manager, with a minimum of 48 hours' advanced notice. When requested by your project representative, a copy of field notes will be left onsite with your project representative prior to leaving the jobsite. Final reports will be distributed electronically after they have been reviewed by SH N's project manager.

P:\ Will its\2023\Promos\423000.002-GeoGen\PU BS\pro mos\20240122-CityofU kiah_ WWTP _Proposal_rev1 .docx

Page 217 of 627 ends

Jason Benson
Cost Estimate and Fee Schedule for Materials Testing and Special Inspection Services, City of Ukiah Wastewater Treatment Plant, 300 Plant Road, Ukiah January 22, 2024

Page 5 ends

We trust that this provides the information that you have requested. If you have any questions, please feel free to contact us. This cost estimate expires 90 days after the date of this letter.

Sincerely,
SHN
Dave Gonzales Christina M. Tipp, CEG
Materials Testing Lab Manager Project Engineering Geologist DJG:CMT:alh
Appendix 1. 2024 Laboratory Fee Schedule
P:\Willits\2023\Promos\423000.002-GeoGen\PUBS\promos\20240122-CityofUkiah_WWTP _Proposal_rev1 .docx

Page 218 of 627 ends

ATTACHMENT B
2024 Laboratory Fee
Schedule

Page 219 of 627 ends

Consulting Engineers & Geologists, Inc.

Fee Schedule
January 1, 2024
When accurate definition of the proposed work is not possible, an hourly charge out rate for determining compensation shall be used. Hourly charge rates include payroll costs, overhead, and profit. Hourly services are billed portal to portal and are subject to a 2-hour minimum. Current rates are as follows:

Hourly Charge Rates
Position1
Principal $ 170.00
Senior Engineer $ 170.00
Senior Geotechnical Engineer $ 160.00
Senior Engineering Geologist $ 160.00
Senior Geologist $ 150.00
Senior Planner $ 130.00
Senior Environmental Scientist $ 150.00
Senior Land Surveyor $ 130.00
Project Manager $ 110.00
Project Engineer $ 120.00
Project Geologist $ 110.00
Project Land Surveyor $ 100.00
Associate Planner $ 90.00
Associate Environmental Scientist $ 110.00
Staff Engineer $ 90.00
Staff Geologist $ 90.00
Staff Planner $ 80.00
Staff Environmental Scientist $ 100.00
Staff Land Surveyor3 $ 90.00
Certified Industrial Hygienist $ 120.00
GIS/UAV Specialist $ 80.00
Construction I nspector3 $ 90.00
Lab/Field Technician3 $ 90.00
Survey Technician3 $ 80.00
Engineering Technician/Draftsperson $ 100.00
Technical Writer $ 90.00
Clerical $ 70.00
Expert Witness2A $ 175.00
1 Incidental expenses, i.e., lodging, meals, airplane tickets, etc., are billed at cost plus 15%. 2 Minimum daily charge is four hours.

Hourly Rates
- $ 220.00
- $ 220.00
- $ 210.00
- $ 220.00
- $ 190.00
- $ 190.00
- $ 200.00
- $ 195.00
- $ 180.00
- $170.00
- $170.00
- $ 140.00
- $ 130.00
- $ 150.00
- $ 130.00
- $ 130.00
- $120.00
- $ 140.00
- $ 250.003
- $170.00
- $ 135.00
- $ 280.003
- $ 280.003
- $ 280.003
- $ 150.00
- $110.00
- $ 90.00
- $ 275.00
3 Rates depend on the specific personnel assigned and if prevailing wage rates are required in the area of work. 4 Rates for Expert Witness are charged for preparation and testimony for both deposition(s) and trial(s).

U:\Willits\admin_files\Schedule of Charges\FEESCH-2024Table.docx SHN 2024 Fee Schedule

Page 220 of 627 ends

Reimbursables
The following direct charges are charged in addition to the hourly charge rates set forth above.

Direct Charges:

CADD plots (black & white)
CADD plots (color)
Copies
Equipment and other expenditures (required for projects) Iron pipe, monuments, flagging, etc.

Mylars
Services of other consultants
Stakes, hubs, lath, etc.

Subsistence, air travel, etc.

Vehicles
Field Testing and Equipment:

Anchor bolt tension testing
CO2 Meter
Concrete Compression Impact Hammer
Core Drilling Machine
Dissolved Oxygen Meter
Expendable Supplies
Fyrite Meter
Generator
Geophysical Equipment
Grundfos Controller & Pump
Hand Auger
Health & Safety Level D
Health & Safety Level C
High Pressure Controller
Inclinometer
LEL Meter
Nuclear Density Testing
Other equipment including drill rigs, backhoes, etc.

ORP Meter
OVA
Peristaltic Pump
pH/Conductivity Meter
Pumps
Quad (ATV)
Rebar Locating Device
* 1 /2 Day Minimum Charge.
$ 0.40/sq. ft.
$ 0.90/sq. ft.
$ 0.15/ea.

Cost+ 15%
Cost+ 15%
$ 15.00
Cost+ 15%
Cost+ 15%
Cost+ 15%
$ 50.00/day
$100.00/day plus operator
$ 10.00/day
$ 50.00/day*
$100.00/day & $5.00/inch cored
$ 58.00/day*
$ 40.00/day*
$ 33.00/day*
$ 71 .00/day*
By Quotation
$275.00/day
$ 44.00/day
$ 35.00/day*
$ 60.00/day*
$ 60.00/day*
$200.00/day*
$ 73.00/day*
$ 35.00/hour plus operator
Cost+ 15%
$ 15.00/day
$145.00/day*
$ 50.00/day*
$ 71.00/day*
$ 40.00/day*
$150.00/day
$100.00/day plus operator
(1) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and curing per ASTM C-31.

U:\Willits\admin_files\Schedule of Charges\FEESCH-2024Table.docx SHN 2024 Fee Schedule 2

Page 221 of 627 ends

Reimbursables, Continued
Field Testing and Equipment, Continued:

Rota-hammer
Skidmore-Wilhelm Bolt Tension Calibration
Soil/Gas Purge Pumps
Soil Gas Probes
Torque Wrench (0 to 250 ft lbs)
Torque Wrench (250 to 1,000 ft lbs)
Turbidity Meter
Ultrasonic Test Device
Water Level Meter
Water Level Indicator
Well Point
Survey Equipment:

GPS Station
Level
Resource GPS
Robotic Total Station
Total Station
Total Station w/Data Collector
Tough book
Trimble GeoXT GPS Unit
Laboratory Tests:

Asphalt Briquette Compaction
Asphalt Bulk Specific Gravity
Asphalt Content Gauge Calibration
Cleanness Value (CT 227)
Compaction Curves (ASTM D 1557 or Caltrans CT216)
Compaction Curve Check Point
Concrete Compressive Strength (CT 521 or ASTM C39)
Concrete Linear Shrinkage (3 Bars)
Concrete Moisture
Consolidation Test
Direct Shear, per point: (ASTM D3080)
Consolidated-Drained (CD)
Unconsolidated-Undrained (UU) (Modified ASTM)
Consolidated-Undrained (CU) (Modified ASTM)
Additional cycles (each)
* 1/2 Day Minimum Charge.
$ 50.00/day*
$150.00/day
$ 30.00/day*
$200.00/day*
$ 50.00/day
$ 75.00/day
$ 29.00/day*
$ 25.00/hour plus operator
$ 60.00/day*
$ 44.00/day*
$ 50.00/day
$400.00/day*
$ 25.00/day*
$ 150.00/day*
$ 300.00/day
$ 7.50/hour
$ 100.00/day
$ 150.00/day*
$ 150.00/day*
$1 00.00/ea.(1l
$ 75.00/ea.
$200.00/ea.
$100.00/ea.
$325.00/test
$100.00/ea.
$ 30.00/eaPl
$300.00
$ 50.00/test (floor test)
$450.00/ea.
$200.00/point
$150.00/point
$175.00/point
$ 75.00/ea.
(1) If asphalt is delivered to SHN lab unmixed, add $75.00/ea. for processing and mixing per Caltrans CT304. (2) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and curing per ASTM C-31.

U:\Willits\admin_files\Schedule of Charges\FEESCH-2024Table.docx SHN 2024 Fee Schedule 3

Page 222 of 627 ends

Reimbursables, Continued
Laboratory Tests, Continued:

Disposable Concrete Molds $ 7.00/ea.

Durability Index $ 100.00/ea.

Expansion Index $ 200.00/test
Fireproofing Density $ 100.00/ea.

Grout Compressive Strength $ 40.00/ea.

LA Rattler (abrasion resistance) $ 225.00/test
Liquid Limit $ 100.00/ea.

Masonry Block Compressive Strength $ 65.00/ea.

Masonry Block Linear Shrinkage $ 85.00/ea.

Masonry Block Prism Compressive Strength $ 125.00/ea.

Masonry Core Shear Test $ 50.00/core
Moisture Content $ 40.00/ea.

Moisture-Density Test $ 50.00/ea.

Particle Size Analysis (ASTM 422) $ 150.00/ea.

Percent Crushed Particles $ 200.00/ea.

Percent Organics $ 50.00/ea.

Plastic Limit $ 100.00/ea.

Plasticity Index $ 200.00/ea.

R-Value $ 350.00/ea.

Rice Specific Gravity of Asphalt (ASTM D2041) $ 150.00/ea.

Sand Equivalent $ 125.00/ea.

Sawing Rocks and Concrete Cores $ 30.00/unit
Sieve Analysis--Coarse $ 100.00/ea.

Sieve Analysis--Fine $ 100.00/ea
Sieve Analysis--Passing 200 $ 75.00/ea.

Specific Gravity, Coarse Aggregate $ 100.00/ea.

Stabilometer of Premixed AC $ 75.00/ea.

Sulfate Soundness $ 125.00/cycle
Swell Test $ 55.00/point
Triaxial Compression
Unconsolidated Undrained (TXUU) (ASTM D2850) $ 115.00/point Consolidated Undrained (TXCU) (ASTM D4767) $ 385.00/point Consolidated Drained (TXCD) (ACOE) $ 500.00/point
Consolidated Undrained (TXCU-3 stage) (ASTM D4767) $1,000.00/test Consolidated Drained (TXCD-3 stage) (ACOE) $1, 100.00/test Bulk Density Test $ 30.00/ea.

USDA Textural Suitability Test $ 80.00/ea.

Unconfined Compression $ 100.00/ea.

Unit Weight of Lightweight Concrete $ 50.00/unit
Notes:

All samples of soil or rock from physical testing are discarded 30 days after submission of final report unless prior arrangements are made. Samples of soil or rock submitted for testing for hazardous substances will be returned to the Client, who is responsible for proper disposal.

This fee schedule is subject to review and adjustment, as required.

Certain services may require prevailing wages or overtime at premium pay to SHN employees. In such circumstances, fees will be adjusted to reflect increased labor costs.

U:\Willits\admin_files\Schedule of Charges\FEESCH-2024Table.docx SHN 2024 Fee Schedule 4

Page 223 of 627 ends

1 Kristine Lawler
Subject: 9a - Correspondence Received - Megan Wolf
From: Megan Wolf <[email protected]>
Sent: Wednesday, March 6, 2024 10:40 AM
To: Meeting <[email protected]>; CityClerk <[email protected]> Subject: Public comment non-agenda item: Ceasefire Resolution My name is Megan Wolf, I am a resident of Ukiah, Jewish, a county employee and a local organizer with SURJ, Showing up for Racial Justice, Mendo Coast. I urge the City Council to put a Ceasefire Resolution on their agenda and pass it.

As a Jew, I know what genocide is and I cannot stand by and watch genocide happen as I pay for it. Ukiah taxpayers' money is funding the bombs killing over 30,000 civilians in Gaza.

Ukiah should join Fort Bragg and the dozen other CA cities who have passed a Ceasefire resolution. This sends a message to our community that we do not support genocide and to our elected officials in state and federal government.

Thank you,
Megan Wolf
707 Walnut Ave, Ukiah, CA 95482

Page 224 of 627 ends

1 Kristine Lawler
Subject: 9a Correspondence Received - Margarete Bodmer
From: Margarete Bodmer <[email protected]>
Sent: Wednesday, March 6, 2024 11:56 AM
To: CityClerk <[email protected]>
Subject: Permanent Cease Fire
I just want to add my voice to all the citizens calling for a permanent ceasefire in Gaza.

What is happening to the Palestinians is unimaginable in the 21st century, how can we just stand by and let starvation of innocent civilians happen,- have we lost our humanity?! America used to be known for helping the underdog. History will not speak kindly of us for allowing such atrocities as they occur in the Gaza-strip, an open-air prison with the prisoners being bombed and starved.

Let Ukiah be known as having resisted this ethnic cleansing - Margarete Bodmer

Page 225 of 627 ends

1 Kristine Lawler
Subject: 9a Correspondence Received - Stephanie Abba
From: Stephanie Abba <[email protected]>
Sent: Wednesday, March 6, 2024 1:44 PM
To: Kristine Lawler <[email protected]>
Subject: Ceasefire Resolution by the Ukiah City Council [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Hello,
City of Ukiah City Council,
My name is Stephanie Abba. I am a resident of Hopland and an employee of the City of Ukiah. I strongly believe that the Ukiah City Council should put the Ceasefire Resolution on its agenda and pass it.

What is happening in Gaza breaks my heart, and I believe it is criminal. I have always been a supporter of aid and protection for Israel. Now, I am ashamed of what they are doing. I am angry that my tax dollars are helping to fund such actions.

We need to send a message to our Government, that we stand together against the war in Gaza and Genocide. Stop the bombing and send humanitarian aid to the Palestinian people.

Please, put this resolution on the agenda.

Sincerely,
Stephanie Abba
Supporting the Fighters, Admiring the Survivors, Honoring the Taken, and Never, Ever Giving Up HOPE!

Page 226 of 627 ends

1 Kristine Lawler
From: Sage Sangiacomo
Sent: Wednesday, March 6, 2024 2:21 PM
To: Doug Crane; Susan Sher; Josefina Duenas; Juan Orozco; Mari Rodin Cc: David Rapport; Darcy Vaughn; Shannon Riley; Kristine Lawler Subject: 03/06/2024 City Council Meeting; Correspondence on a Non-Agenda Item Attachments: Ukiah Ceasefire Resolution Final 20240227.pdf Importance: High
Dear Council,
At the request and submission of Councilmember Sher, attached is a draft resolution that she proposes for consideration on the March 20th City Council agenda.

Historically, the City has only considered letters of support, proclamations, and resolutions directly related to topics of local significance and within the City's subject matter jurisdiction. Previous advocacy platforms have indicated that the City does not take positions on matters beyond the scope and purpose of municipal government. However, such items can be introduced by a majority direction from the Council.

Given the City’s current practice and policy direction, the Council will need to formally direct the requested item to be placed on the March 20th agenda through a motion, second, and majority vote.

Brown Act Notification: Do not reply to all from this email. If you have questions or would like to discuss, please contact me directly.

Sage Sangiacomo, ICMA-CM
City Manager
300 Seminary Avenue
Ukiah, CA 95482
P) 707-463-6221
F) 707-463-6740
[email protected]
www.cityofukiah.com
www.visitukiah.com
Continually working to promote diversity, equity, transparency, and justice through the adoption and implementation of City practices, policies, and procedures.

Confidentiality Notice: The information in this e-mail is confidential, proprietary, or privileged and may be subject to protection under the law, including the Electronic Communications Privacy Act and the Health Insurance Portability and Accountability Act. This message is intended for the sole use of the individual or entity to which it is addressed. If you are not the intended recipient, you are notified that any use, distribution, or copying of the message is strictly prohibited and may subject you to criminal or civil penalties. If you received this e-mail in error, please contact the sender immediately by return e-mail and please delete the e-mail.

Page 227 of 627 ends

1 CITY OF UKIAH RESOLUTION 2024-
PROCLAMATION AFFIRMING THE CITY OF UKIAH’S SUPPORT FOR AN ISRAELIPALESTINIAN CEASEFIRE AND PERMANENT RESOLUTION TO THE CONFLICT WHEREAS, the City of Ukiah strives to create a local culture where every individual and group is welcomed, respected, and provided the opportunity to participate fully in our institutions; that ethos must extend to oppose all forms of anti-Semitism, Islamophobia, racism, bigotry and genocide and advocate for the dignity, freedom, equality and safety of residents in every community; and
WHEREAS, the City of Ukiah recognizes the targeting of civilians is a violation of international humanitarian law; that Palestinian lives and Israeli lives have the same value; and all people’s access to adequate food, water, shelter, medical aid, and safety must be protected; and WHEREAS, the City of Ukiah mourns the deaths of Israeli Jews and hostages taken in Israel by Hamas on October 7, 2023 and also recognizes that Israel’s military response has been grossly disproportionate, immoral and in violation of international law; we mourn the tragic loss of all civilian lives on both sides of the Israeli-Palestinian conflict; and WHEREAS, many Ukiah residents have deep connections to Israel, Gaza and the region, including family, friends and loved ones; and
WHEREAS, we unequivocally condemn Israel’s ongoing collective punishment of Palestinian residents that has resulted in the deaths of over 30,000 people since October 7, 2023 —approximately 73% of them women and children; 1 and
WHEREAS, hundreds of thousands of more lives in Gaza as well as the more than 137 remaining Israeli hostages in Gaza are at imminent risk of death, famine and lifethreatening diseases in Gaza without an immediate and permanent ceasefire and unimpeded large scale humanitarian relief; and
WHEREAS, in 2023, U.S. taxpayers provided $3.8 billion to Israel in military aid and in 2024, so far, through the National Security package has pledged an additional $14.5 billion in military aid to Israel despite the fact that sixty-one percent of American voters support a permanent ceasefire in Gaza, according to a December 5th 2023 Data For Progress Poll and wish to see the U.S. leverage its diplomatic relationships to prevent further violence and civilian deaths; and
1 As of February 26, 2024

Page 228 of 627 ends

2 WHEREAS, the enormous and unconditional military aid provided to Israel by the United States every year ultimately deprives people in the US of money for urgent local needs, with Ukiah residents’ federal taxes contributing $211,834 to Israel's weapons each year from 2019 to 2028, which could instead annually fund 25 households with public housing; solar electricity for 603 households; 73 children receiving free or low-cost healthcare; 2 elementary school teachers; or cancel loan debt for 5 students; and
WHEREAS, international organizations such as Amnesty International, the United Nations, the World Health Organization, the U.S. Agency for International Development (USAID), the International Resue Committee and many others have made a call for a ceasefire in order to prevent the further loss of life of civilians and to be in accordance with international humanitarian law; and be it
RESOLVED that the City Council of the City of Ukiah, recognizing that our residents are also citizens of the world, joins with the governing bodies of many dozens of jurisdictions all over California and the United States in calling on our Congressional members to demand an immediate permanent ceasefire; the release of all hostages and political prisoners; the unrestricted entry of humanitarian assistance into Gaza; and the restoration of food, water, electricity and medical supplies to Gaza; and be it
FURTHER RESOLVED that the City Council of the City of Ukiah condemns the Netanyahu government’s attacks resulting in the deaths of tens of thousands of Palestinian civilians of Gaza and displacement of millions; and be it
FURTHER RESOLVED that the City Council of the City of Ukiah condemns Hamas’s attack on Israeli civilians, resulting in deaths of approximately 1,200 Israeli people on October 7, 2023; and be it
FURTHER RESOLVED that a permanent solution to this crisis must be one of the top foreign policy priorities of the United States to reduce human suffering and promote peace in the region; and be it
FURTHER RESOLVED that a copy of this resolution be sent to the Mendocino County Board of Supervisors; U.S. Senator Laphonza Butler; U.S. Senator Alex Padilla; U.S Representative Jared Huffman; State Senator Mike McGuire; U.S. President Joe Biden; and U.S. Vice President Kamala Harris, urging them to take immediate action to use their positions and influence to end this conflict and work towards a permanent peace between Israel and the Palestinians.

Page 229 of 627 ends

1 Kristine Lawler
Subject: 9a Correspondence Received - Megan Riley
From: Megan Riley <[email protected]>
Sent: Wednesday, March 6, 2024 4:20 PM
To: Meeting <[email protected]>
Subject: Public comment on non-agenda item
To city council and my fellow Ukiah residents:

What is happening in Palestine right now is unfathomable. A genocide is being funded by our tax dollars, and for that reason we must demand a permanent, immediate ceasefire. City Council passing a resolution calling for a ceasefire may seem like a small act, but it is an important and urgent one. It says that we cannot in good conscience stay silent on an atrocity that we are funding, even if it's half a world away.

Our neighbors in Fort Bragg have already unanimously passed a ceasefire resolution, as have many other towns and cities in California and across the US; major unions like UAW (of which I am a member) and SEIU (which represents hundreds of Mendocino County workers) have also called for an immediate ceasefire. I urge the City Council to be on the right side of history by passing a resolution calling for an immediate and permanent ceasefire in Gaza.

Thank you,
Megan Riley
3651 Low Gap Road, Ukiah
--
Megan Riley
MLIS '20 | PhD student | UCLA Department of Information Studies she/they
megan-e-riley.com
[email protected]

Page 230 of 627 ends

Page 1 of 3 ends

Agenda Item No: 13.a.

MEETING DATE/TIME: 3/6/2024

ITEM NO: 2024-1558

AGENDA SUMMARY REPORT
SUBJECT: Resolve Bid Protests Received for Specification No. 24-01 for the City of Ukiah Electric Service Center Tenant Improvements and Fire Damage Repair, and Approve Final Award Recommendation.

DEPARTMENT: Electric Utility PREPARED BY: Cindy Sauers, Electric Utility Director, Mary Horger, Financial Services Manager
PRESENTER: Cindy Sauers, Electric Utility Director
ATTACHMENTS:

1. Spec 24-01 - Hastings Tenant Improvements & Fire Damage Repair

2. Bid Results - Spec 24-01

3. Bid Protest - Ukiah Elec Service Center TI (1)

4. Bid Protest Response
Summary: Council will consider a bid protest from the second lowest bidder, Kirby Construction Company, to the apparent lowest bid from DMR Construction, and make a final determination based on the bid protest and Staff's recommendation to award a contract to, Kirby Construction Company, in the amount of $2,446,340 for the Hastings Tenant Improvements and Fire Damage Repair, Specification 24-01.

Background: The Ukiah City Council approved the purchase of 2.8 acres with a 15,800 sq. ft. building located at 1350 Hasting Rd (the Electric Service Center) to house the Electric Utility Department’s operation. The Electric Service Center will centralize electric operations for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing, and construction preparation.

In early 2023, site improvements, including grading, roofing, fencing and service equipment were completed. Following the completion of the site improvements, a fire broke out at the facility on March 8, 2023, due to a failed exhaust fan. Remediation of the site and revisions of the drawings to include fire damage repair started immediately. The City has received a payment from the insurance company in the amount of $471,488.51 and anticipates an additional $50,000 for electronics and building contents. Additionally, the insurance company paid $185,138.94 to West Coast Fire and Water for all remediation activities.

On December 6, 2023, Council approved the plans and specifications for the Tenant Improvements and Fire Damage Repair Project (Attachment 1). The project consists of renovation of the interior of the building to convert the existing suites to office space, a conference room, and warehousing. A third phase of the project includes solar generation on the roof and raised structures to increase Ukiah's eligible renewable energy production. Phase 3 is scheduled for Fiscal Year 25.

Discussion: On January 18, 2024, a request for bids notice for the project was released to contractors from the City's Qualified Bidders list and Northern California Builders Exchanges and posted to the City's website. Bids were opened on February 27, 2024, with six (6) bidders responding. A copy of the bid tabulation is provided as Attachment 2.

On February 28, 2024, Kirby Construction Company, Inc., the second lowest bidder, submitted a bid protest

Page 231 of 627 ends

Page 2 of 3 ends

against the bid presented by the apparent low bidder, DMR Builders. (Attachment 3.) Kirby Construction's protest claims that DMR's bid violates California Public Contract Code ("PRC") Section 4104, which requires bids for public works projects to list all subcontractors who the bidder intends to use for work in excess of onehalf of 1 percent of the prime contractor’s total bid. Section 4101 is part of the Subletting and Subcontracting Fair Practices Ac. [PRC Sections 4100 - 4114.) The bidder must include in its bid the name, the location of the place of business, the California contractor license number, and public works contractor registration number for each listed subcontractor. Kirby's bid protest alleges that DMR Builders' failed to name a subcontractor for the materials and installation of aluminum storefronts and windows, as required by the project's technical specifications sections 08-41-13 and 08-51-13. Both the protest and DMR Builder's response are timely under the City's bid protest procedure.

On February 29, 2024, DMR Builders responded to the protest, (please refer to Attachment 4). DMR admitted it failed to list the subcontractor it intends to use for the aluminum storefronts and windows but asks to add that subcontractor based on the omission resulting from an inadvertent error. In support it submits the bid from the subcontractor which establishes that its portion of the work will exceed one-half of one percent of the contractor's total bid. Its response also argues that Kirby's bid is non-responsive, because it failed to acknowledge receipt of addenda issued by the City after the notice inviting bids was issued and prior to the bid opening.

As to the request to add the omitted subcontractor, the Subletting and Subcontracting Fair Practices Act does not allow the addition of an unnamed subcontractor after the bid opening. Only the inadvertent omission of certain information about a listed subcontractor can be submitted after bid opening. (PRC Section 4104(a)(2)) Under PRC Section 4106: "If a prime contractor fails to specify a subcontractor, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself." This provision does not excuse DMR Building's failure to list a subcontractor its response makes clear it intended to use. Moreover, PRC Section 4109 addresses situations where subcontracting is allowed after contract award, but only under conditions of public emergency or necessity. As a result, Staff recommends that the Council uphold Kirby's protest and reject DRM's bid as non-responsive.

Regarding the lack of acknowledgment of addenda, as contested in the counter-protest by DMR Builders, Section 1-11 of the specification's general provisions clarifies that such acknowledgments, while part of the bid submittal checklist, do not constitute a mandatory requirement for bid validity. Additionally, these acknowledgments were submitted by Kirby and the other bidders with their bids, but were omitted in the scanned versions sent to the bidders.

Given the review of the bid protest and the applicable provisions of the California Public Contract Code, Staff recommends rejecting the bid received from DMR Builders and awarding the bid to Kirby Construction Company, Inc., for $2,446,340.

Note that the bid amount is below the engineer's estimate of $2,600,000. Funds are budgeted and available in 80126100.80230.17023.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $3,000,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Series 2022 Electric Revenue Bonds and Insurance Proceeds PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Financial Services Manager; Sheri Mannion, Human Resources & Risk Management Director; David Rapport, City Attorney
DIVERSITY-EQUITY INITIATIVES (DEI): N/A

Page 232 of 627 ends

Page 3 of 3 ends

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

Page 233 of 627 ends

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

CITY OF UKIAH ELECTRIC SERVICE CENTER

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
SPECIFICATION NO. 24-01

MANDATORY PRE-BID MEETING
11 A.M., FEBRUARY 7, 2023

ELECTRIC SERVICE CENTER
1350 HASTINGS ROAD
UKIAH, CALIFORNIA 95482

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: February 22, 2024
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

Page 234 of 627 ends

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

JOSEFINA DUENAS - MAYOR
DOUGLAS CRANE – VICE-MAYOR
SUSAN SHER – COUNCIL MEMBER
JUAN OROZCO – COUNCIL MEMBER
MARI RODIN– COUNCIL MEMBER
SAGE SANGIACOMO – CITY MANAGER
CINDY SAUERS – DIRECTOR OF ELECTRIC UTILITY
MARY HORGER – FINANCIAL SERVICES MANAGER
KRISTINE LAWLER – CITY CLERK
R. ALLEN CARTER - CITY TREASURER

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
JANUARY 2024

Page 235 of 627 ends

COU ELECTRIC SERVICE CENTER iii Spec No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

TABLE OF CONTENTS

PAGE

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

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

Page 236 of 627 ends

COU ELECTRIC SERVICE CENTER iv Spec No. 24-01

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

Page 237 of 627 ends

COU ELECTRIC SERVICE CENTER v Spec No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT ............................................................................................................................. 19 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS ............................................................................................................... 22 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION .................................................................................................. 26 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS ................................................................................................. 30 13-01. Technical Specifications
13-02. Contract Drawings
13-04. Supporting Product Data and Cut Sheets
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS ................................................................. 30 14-01. Provisions to be Excluded from General Conditions

Page 238 of 627 ends

COU ELECTRIC SERVICE CENTER vi Spec No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 30 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ...................................................................................................................... 31 PROPOSAL ............................................................................................................................................. 32 BIDDING SCHEDULE ................................................................................................................................... 33 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 37 WORKER'S COMPENSATION CERTIFICATE ............................................................................................ 38 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT ................................................................... 39 LIST OF PROPOSED SUBCONTRACTORS ............................................................................................... 40 STATEMENT OF EXPERIENCE OF BIDDER .............................................................................................. 41 SIGNATURE OF BIDDER ............................................................................................................................. 42 BIDDER'S BOND .......................................................................................................................................... 43 NON-COLLUSION AFFIDAVIT ..................................................................................................................... 44 AGREEMENT ............................................................................................................................................. 45 INDEMNIFICATION AGREEMENT .............................................................................................................. 49 EXAMPLE BOND FORMS ............................................................................................................................ 50 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 55 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 56

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX A – TECHNICAL SPECIFICATIONS
ATTACHMENTS:

ATTACHMENT A – PROJECT PLAN SET DRAWINGS – 100 % CONSTRUCTION SET AND

SUPPORTING PRODUCT DATA AND CUT SHEETS

Page 239 of 627 ends

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

CITY OF UKIAH ELECTRIC SERVICE CENTER

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
SPECIFICATION NO. 24-01
NOTICE IS HEREBY GIVEN that sealed standard proposals for CITY OF UKIAH ELECTRIC SERVICE CENTER TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Thursday, February 22, 2024. Bids shall be addressed to the City Clerk and shall be endorsed “CITY OF UKIAH ELECTRIC SERVICE CENTER TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR." Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/ .

ENGINEER'S ESTIMATE OF QUANTITIES
Item No. Description Quantity Unit of Measure

1. CSI DIVISION 01 – GENERAL REQUIREMENTS
1 Lump Sum

2. CSI DIVISION 02 – EXISTING CONDITIONS
1 Lump Sum

3. CSI DIVISION 03 - CONCRETE
1 Lump Sum

4. CSI DIVISION 04 – MASONRY
1 Lump Sum

5. CSI DIVISION 05 – METALS
1 Lump Sum

6. CSI DIVISION 06 – WOOD, PLASTICS & COMPOSITES
1 Lump Sum

7. CSI DIVISION 07 – THERMAL & MOISTURE PROTECTION
1 Lump Sum

8. CSI DIVISION 08 - OPENINGS
1 Lump Sum

9. CSI DIVISION 09 - FINISHES
1 Lump Sum

10. CSI DIVISION 10 – SPECIALTIES
1 Lump Sum

11. CSI DIVISION 12 - FURNISHINGS
1 Lump Sum

12. CSI DIVISION 13 – SPECIAL CONSTRUCTION
1 Lump Sum

13. CSI DIVISION 14 – CONVEYING EQUIPMENT
1 Lump Sum

14. CSI DIVISION 21 – FIRE SUPPRESSION
1 Lump Sum

15. CSI DIVISION 22 - PLUMBING
1 Lump Sum

16. CSI DIVISION 23 - HVAC
1 Lump Sum

17. CSI DIVISION 25 – INTEGRATED AUTOMATION
1 Lump Sum

18. CSI DIVISION 26 – ELECTRICAL
1 Lump Sum

19. CSI DIVISION 27 – COMMUNICATIONS
1 Lump Sum

20. CSI DIVISION 28 – ELECTRONIC SAFETY & SECURITY
1 Lump Sum
21 CSI DIVISION 31 – EARTHWORK
1 Lump Sum

22. CSI DIVISION 32 – EXTERIOR IMPROVEMENTS
1 Lump Sum

23. CSI DIVISION 33 - UTILITIES
1 Lump Sum

Page 240 of 627 ends

Plans and Special Provisions may be inspected and/or copies obtained from the City's website at www.cityofukiah.com/purchasinq. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Mary Horger, Financial Services Manager at (707) 463-6233 or by email at [email protected].

A MANDATORY PRE-BID MEETING will be held at 11 :00 a.m., February 7, 2024, at the Electric Utility Service Center located at 1350 Hastings Road, Ukiah, California 95482.

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

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

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work hereinshall possess a current, valid State of California, Class B - General Building Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions ofcertain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

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

Dated: Jan 18, 2024
PUBLISH ONCE: January 24, 2024
Kristine Lawler (Jan 18, 2024 08:22 PST)
Kristine Lawler, City Clerk, City of Ukiah, California

Page 241 of 627 ends

COU ELECTRIC SERVICE CENTER 1 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

INSTRUCTIONS TO BIDDERS
CITY OF UKIAH ELECTRIC SERVICE CENTER TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

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

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

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

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

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

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

The work is to be completed within ONE HUNDRED EIGHTY (180) calendar days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond the time prescribed.

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

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

Examination of Site, Drawings, Etc.

A mandatory pre-bid conference will be held at 11 a.m., February 7, 2024, at the project site located at 1350 Hastings Road, Ukiah, California 95482, to fully acquaint interested Contractors with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Failure to attend the mandatory bid conference will be just cause for the bid to be rejected as non-responsive. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions.

Page 242 of 627 ends

COU ELECTRIC SERVICE CENTER 2 Spec. No. 24-01

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

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

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

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

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

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

Location of the Work
All of the work to be performed is within the City of Ukiah. Project is located at 1350 Hastings Road, Ukiah, California 95482.

Page 243 of 627 ends

COU ELECTRIC SERVICE CENTER 3 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

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

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

As used herein, "provide" or "install" shall be understood to mean "provide or install complete in place", that is, "furnish and install". "Shall" is mandatory; "may" is permissive. 1-02. Examination of Plans, Special Provisions and Site of Work. The bidder shall examine carefully the Proposal, Plans, Special Provisions, Contract forms and the site of the work contemplated therefor. It will be assumed that the bidder has investigated to his or her satisfaction the conditions to be encountered and the character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.

Page 244 of 627 ends

COU ELECTRIC SERVICE CENTER 4 Spec. No. 24-01

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

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

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

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

Page 245 of 627 ends

COU ELECTRIC SERVICE CENTER 5 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 1-10. General Provisions of the Standard Specifications. All provisions of the General Provisions, Sections 1 through 11, of the Standard Specifications, shall be applicable to the contract except as modified by these Special Provisions. The Standard Specifications are set forth in Section 12-06 of these Special Provisions. 1-11. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda.

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

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

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

Page 246 of 627 ends

COU ELECTRIC SERVICE CENTER 6 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
Nothing contained in this contract shall be construed to create or shall be relied upon to create any contractual relationship between any subcontractor and the City and no action may be brought by any subcontractor against the City based on this contract.
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the

Page 247 of 627 ends

COU ELECTRIC SERVICE CENTER 7 Spec. No. 24-01

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

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

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

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

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

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

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

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

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

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

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

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

Page 248 of 627 ends

COU ELECTRIC SERVICE CENTER 8 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

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

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

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

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

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

A++ VII A- VIII
A+ VII B++ X
A VII B+ X
5-06. Verification of Coverage. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received within 15 days from written notice of contract award, and the work shall not commence until the certificates and endorsements have been approved by the City. The City reserves the right to require complete certified copies of all required insurance policies, including endorsements affecting the coverage required by these Special Provisions at any time. 5-07. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR
6-01. Legal Address of Contractor. Both the address given in the proposal and the Contractor's office in the vicinity of the work are hereby designated as places to either of which drawings, samples, notices, letters or other articles or communications to the Contractor may be mailed or delivered. The delivery at either of these places of any such thing from the City or its agents to the Contractor shall be deemed sufficient service thereof upon the Contractor and the date of such service shall be the date of such delivery. The address named in the proposal may be changed at any time by notice in writing from the Contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter or other article or communication to or upon the Contractor personally.
6-02. Office of Contractor at Site. During the performance of this contract, the Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to receive drawings and any such thing given to the said representatives or delivered at the Contractor's office at the site of work in his or her absence shall be deemed to have been given to the Contractor.

Page 249 of 627 ends

COU ELECTRIC SERVICE CENTER 9 Spec. No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

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

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

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

In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other employee benefit acts. The obligation to indemnify shall extend to and include acts of the indemnified party which may be negligent or omissions which may cause negligence.

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

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work.

Page 250 of 627 ends

Ukiah City CouncilMarch 6, 2024

Ukiah City Council
March 6, 2024