Ukiah City Council
August 7, 2024

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/81246281760 Or you can call in using your telephone only:
• Call: 1-669-444-9171
• Enter the Access Code: 812 4628 1760
• To Raise Hand enter *9
• To Speak after being recognized: enter *6 to unmute yourself Alternatively, you may view the meeting (without participating) by clicking on the name of the meeting at www.cityofukiah.com/meetings.

August 7, 2024 - 6:00 PM

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS

4.a. Receive Presentation of Exceptional Employee Recognition Awards.

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

Attachments: None

4.b. Council to Receive Presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

Recommended Action: Receive presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

Attachments:

1. UVGC CIP 2024 2025

2. UMGC completed photos 23 24

3. UVGC CIP Power Point 2024

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the July 17, 2024, Special Meeting.

Recommended Action: Approve the Minutes for the July 17, 2024, Special Meeting.

Attachments:

1. 6a 2027-07-17 Draft Minutes - Special Meeting

6.b. Approval of the Minutes for the July 17, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the July 17, 2024, Regular Meeting.

Attachments:

1. 6b 2027-07-17 Draft Minutes - Regular Meeting

6.c. Approval of the Minutes for the August 1, 2024, Special Meeting.

Recommended Action: Approve the Minutes for the August 1, 2024, Special Meeting.

Attachments:

1. 2024-08-01 Draft Minutes

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

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

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

8.a. Report of Disbursements for the Month of June 2024.

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

Attachments:

1. June 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

4. June 2024 Disbursement Detail

8.b. Report to Council of Emergency Purchase of Digester Replacement Parts and Labor for Installation at the Wastewater Treatment Plant in the amount of $44,065.00 Recommended Action: Receive a report of the emergency purchase of digester replacement parts and labor for the installation at the Wastewater Treatment Plant in the amount of $44,065.00 Attachments:

1. PO 48613

8.c. Approval of Purchase of Two Tesla Model 3s in the Amount of $108,664.46 and Two Custom Law Enforcement Upfits from Unplugged Performance in the Amount of $17,494 Per Vehicle for a Total of $34,988 Plus Tax.

Recommended Action: Approve the of purchase of two Tesla Model 3s in the amount of $108,664.46 and two custom law enforcement upfits from Unplugged Performance in the amount of $17,494 per vehicle for a total of $34,988, plus additional taxes that may apply.

Attachments:

1. FY2024 GSA Fleet Alternative Fuel Vehicle Guide_6.13.2024

2. Tesla Quote

3. Unplugged Performance

8.d. Approval of Purchase of Axon Fleet 3 Car Cameras with Five-Year Service Agreement in the Amount of $166,837.25 for Ukiah Police Department.

Recommended Action: Approve Purchase of Axon Fleet 3 Car Cameras with Five-Year Service Agreement in the Amount of $166,837.25 for Ukiah Police Department.

Attachments:

1. Axon Quote

8.e. Consideration of Rejecting All Bids Received for the Riverside Park Regeneration Project, Specification 24-05.

Recommended Action: Reject all bids received for the Riverside Park Regeneration, Project Specification 24-05.

Attachments:

1. Spec 24-05 Riverside Park Regeneration (2)

2. Bid Tabulation

8.f. Report of Financial Contribution in the Amount of $60,000 to the Inland Water and Power Commission for Legal Services Related to the Potter Valley Project.

Recommended Action: Receive a report of a financial contribution in the amount of $60,000 to the Inland Water and Power Commission for legal services related to the Potter Valley Project.

Attachments:

1. IWPC Invoice

8.g. Approval of Notice of Completion for the Todd Grove Park Public Barbecue Facility Reconstruction, Specification No. 23-03, and Approve Final Payment of the 5% Retention to MARZ Engineering.

Recommended Action: Approve Notice of Completion for the Todd Grove Park Public Barbecue Facility Reconstruction, Specification No. 23-03; Approve final payment of the 5% retention to MARZ Engineering; and direct the City Clerk to file the Notice of Completion with the County Recorder.

Attachments:

1. MARZ Engineering - Todd Grove Park BBQ Area - 2223-191 - Contract - fully-executed (3)

2. Change Order 1

3. Change Order 2

4. Change Order 3

5. Notice of Completion - Spec 23-03 - MARZ

8.h. Approve an Agreement with Adventist Health System/West, and Authorize the City Manager to sign a Three-Year Agreement to Provide Inter-Facility Transfer (IFT) Services.

Recommended Action: Approve agreement with Adventist Health System/West, and authorize the City Manager to sign a Three-Year Agreement to Provide Inter-Facility Transfer (IFT) Services.

Attachments:

1. UVFD-AHHM-AHUV-AHCL Transportation Services Agreement Nonemergent Final

8.i. Consideration of Adoption of Resolution Approving Records Destruction for the Police Department.

Recommended Action: Adopt resolution authorizing the destruction of outdated documents for the Police Department.

Attachments:

1. Proposed Resolution

8.j. Receive Annual Report of Boards and Commission Term Expirations and Vacancies.

Recommended Action: Receive the report.

Attachments:

1. Resolution 2014-48

2. Board and Commission Terms and Vacancies - rev 7-3-24

8.k. Consideration of an Award of Contract for the Hazardous Material Removal Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the Amount of $145,000.

Recommended Action: Award the contract for the Hazardous Material Demolition at 501 South State Street, Specification No. 24-06, to AFM Environmental Incorporated for the amount of $145,000.

Attachments:

1. Spec 24-06 - Hazardous Material Removal Demoltion at 501 South State Street with Addendum 1

2. Bid Results - Spec 24-06 - Haz Mat Removal Demo at 501 S State St (1) (1)

3. Bid from AFM Environmental - Spec 24-06 Haz Mat Removal Demo at 501 S State St (1)

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

10. COUNCIL REPORTS

11. CITY MANAGER/CITY CLERK REPORTS

12. PUBLIC HEARINGS (6:15 PM)

12.a. Possible Introduction of an Ordinance by Title Only Adding Chapter 8 to Division 9 of the Ukiah City Code Entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 Entitled "Agricultural Operations and the Right to Farm".

Recommended Action: Introduce Ordinance, by title only, adding Chapter 8 to Division 9 of the Ukiah City Code entitled "Agriculture" and an Article 1 to Division 9, Chapter 8 entitled "Agricultural Operations and the Right to Farm".

Attachments:

1. UKGP_08 Agriculture Element

2. Ukiah Right to Farm Draft Ordinance

12.b. Conduct a Public Hearing and Consider Adoption of Resolution for User Fees at the Ukiah Regional Airport.

Recommended Action: Adopt the Resolution and corresponding Exhibit A user fee schedule for the Ukiah Regional Airport.

Attachments:

1. 2024 Proposed Airport User Fees

2. Proposed Resolution with Exhibit A

13. UNFINISHED BUSINESS

13.a. Receive Report Regarding the Economic Development and Financing Corporation (EDFC); Consideration of Request for Funding from EDFC; and Authorize the City Manager to Negotiate and Execute Performance Agreement Between the City of Ukiah and EDFC in the Amount of $12,455.25 for FY 2024-25.

Recommended Action: Receive report regarding the Economic Development and Financing Corporation (EDFC) and authorize the City Manager to negotiate and execute Performance Agreement between the City of Ukiah and EDFC.

Attachments:

1. Ukiah City Council Presentation FY 23-24

2. Economic Development and Financing Corporation (EDFC) 2023-07-01

13.b. Provide Direction to Staff Regarding Future Use of Orr Street Bridge.

Recommended Action: Receive Orr Street Ad Hoc Committee's recommendations and provide direction to Staff.

Attachments:

1. ASR_Orr Street Bridge_071724

2. Orr Bridge Render Buffer

14. NEW BUSINESS

14.a. Consider Introducing by Title Only and Ordinance Amending the Ukiah City Code to Address Regulatory Loopholes in the Prohibition of Outdoor Burning.

Recommended Action: Introduce the ordinance by title only, amending Sections 5502 and 5503 of the Ukiah City Code to close the regulatory loophole in the City's prohibition of outdoor burning.

Attachments:

1. Ordinance Amending Fire Code Redline

2. Ordinance Amending Fire Code Clean

14.b. Discussion and Possible Introduction by Title Only of an Ordinance Amending Section 251 of Division 1, Chapter 3, Article 3 of the Ukiah City Code, Pertaining to Compensation of the City Treasurer.

Recommended Action: Introduce by title only an Ordinance amending Section 251 of the Ukiah City Code, pertaining to compensation of the City Treasurer.

Attachments:

1. Treasurer Compensation Increase Ordinance - redline

2. Treasurer Compensation Increase Ordinance -clean

3. Senate Bill (SB) 329

4. Government Code Section 36516(b)

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 7-19-24

14.d. Designation of Voting Delegate and Possible Alternate for the League of California Cities Annual Conference – October 16-18, 2024.

Recommended Action: Designate Vice Mayor Duenas as the Voting Delegate, and a possible Alternate, to represent the City of Ukiah for the 2024 League Annual Conference; and authorize the City Clerk to submit the Voting Delegate/Alternate Form on their behalf.

Attachments:

1. 2024 Cal Cities Voting Delegate Information Packet

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

15.a. Conference with Legal Counsel – Initiation of Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 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 Legal Counsel – Existing Litigation (Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018-70200

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

15.e. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-12; 180-120-15; 180-120-16
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment

15.f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment

15.g. 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: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment

15.h. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

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

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

16. ADJOURNMENT

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

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/City Clerk
Dated: 8/2/24

Agenda Item No: 4.a.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-354

AGENDA SUMMARY REPORT
SUBJECT: Receive Presentation of Exceptional Employee Recognition Awards.

DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Maria Ceja, Administrative Analyst PRESENTER: Department Directors, City Manager and Mayor ATTACHMENTS:

None
Summary: The Mayor will present selected employees with Exceptional Employee Recognition awards.

Background: The City of Ukiah prioritizes the retention and attraction of outstanding employees and recognizes their role in our goal of providing exceptional customer service. The Exceptional Employee Program recognizes (through a nomination process) and awards those employees or teams of employees who have truly gone above and beyond.

Discussion: Recipient of the Exceptional Employee program for the second quarter of 2024:

Tyler Anderson, Environmental Lab Technician III, Water Resources: Tyler Anderson has been selected as the recipient of the Exceptional Employee program for the second quarter of 2024. Tyler's computer expertise enabled him to develop a tool that extracts data from Team Member tablets and generates a PowerPoint presentation that provides a clear and concise display of key plant statistics, facilitating datadriven operational adjustments for daily plant optimization. This program also helps reduce meeting times as well as streamline regulatory reporting.

Recommended Action: Receive a presentation of the Exceptional Employee Recognition Awards.

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: The City Manager’s Office and Department Directors DIVERSITY-EQUITY INITIATIVES (DEI): Goal 3 – Recruit, retain and advance a community of staff that reflects, values, and celebrates the diversity of the community we serve CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

Agenda Item No: 4.b.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-394

AGENDA SUMMARY REPORT
SUBJECT: Council to Receive Presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

DEPARTMENT: City Manager /
Admin PREPARED BY: Maya Simerson, Project & Grant Administrator PRESENTER: Maya Simerson, Project and Grant Administrator ATTACHMENTS:

1. UVGC CIP 2024 2025

2. UMGC completed photos 23 24

3. UVGC CIP Power Point 2024
Summary: Council to receive presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

Background: The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG). The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City. Under these two leases, TPGG and the UMGC committed to making annual capital improvements to the course under a capital improvement plan (CIP) in cooperation with the City. CIP funding is provided by TPGG and the UMGC through these lease agreements. Currently, by prior written agreement with the City, because TPGG made a substantial capital investment in the City-owned clubhouse, TPGG is excused from contributing in this CIP year. It should be noted that TPGG is still participating in CIP projects above and beyond their required contribution amounts. The City does not contribute financially to the CIP.

The contribution to the CIP fund is normally $40,000 annually from TPGG and approximately $20,000 annually from UMGC, depending upon earnings from cart-barn revenues and sign advertisements. The CIP fund is maintained independent of the City at the Savings Bank of Mendocino County. By an amendment to the TPGG Lease Agreement the TPGG annual contributions for this year is excused by the credit arising from TPGG’s significant investment in the clubhouse renovation. Nevertheless, TPGG has continued to make CIP investments to the golf course.

The lease agreement outlines a protocol for prioritizing and funding capital improvements. The protocol calls for an Advisory Team with three representatives, from the UMGC, TPGG, and the City to compose and agree on a plan for the annual course improvements. This Advisory Team met, discussed and approved the final plan. The final plan is now reported out to the Council to assure continued transparency and public review of the operation of this community asset.

Discussion: The UVGC provides an outdoor recreational place for all ages and provides fundraising opportunities for our community through the numerous tournaments hosted on the property. This past year the golf course hosted over 40 tournaments supporting local non-profits. Additionally, TPGG has continued to provide food and beverage service to our community with the ‘Slush by the Park’ menu. This is an attraction for both golfers and non-golfers alike.

Aside from providing a safe recreational outlet for our community and visitors, it is important to remember that the Ukiah Valley Golf Course provides a level of protection and firefighting space to protect the city of Ukiah from fire threats from the western hills. The golf course’s large irrigated, green, and trimmed open space creates a fire protection zone buffer between the western hills and the adjacent western Ukiah residential neighborhoods. In this time of heightened fire safety awareness and preparation, the Ukiah Valley Golf Course stands out as a significant and perhaps unrecognized fire protection tool benefiting the residents of Ukiah.

Once Phase 4 of the Recycled Water Project is completed in the Todd Grove Recreation Area, this second source of water will be important for both reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water offers a secondary water source to fight fires.

The UVFA Chief has evaluated locations for hydrants and a filling station to offer an additional level of protection to our community.

The success of the golf course relies on all three of its partners, but the UMGC deserves to be recognized for their exceptional efforts. The course also benefits from the support of the Women’s Golf Club, and we are grateful for their contributions.

The attached 2024/2025 CIP plan (Attachment 1) outlines proposed CIP projects in three sections.

A. Capital Improvement Projects Completed
B. Projects Identified in Prior Years rolling over
C. New Projects added
Within the plan each project identifies the Fiscal Year in which the project was first listed as a priority and added to the plan project list. Completed projects will note the organization that funded and completed the project. Inclusion of a project in the plan does not mean that funding is currently available to complete the project.

The partnership between the City, TPGG, and the UMGC is strong and productive with all three parties working together towards the common goal of creating and maintaining the best municipal golf course possible for our community.

Thank you for receiving this report, as provided by the Advisory Team, of the 2024/2025 Capital Improvement Plan.

Please refer to Attachment 3 to access the PowerPoint presentation that will accompany this report to Council.

Recommended Action: Receive presentation on the Ukiah Valley Golf Course 2024/2025 Capital Improvement Plan.

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: Ukiah Mens Golf Club and Tayman Park Golf Group DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP):GP-A4- Public Facilities, Services, and Infrastructure Element

1 ATTACHMENT #1
Ukiah Valley Golf Course
Capital Improvement Plan
2024/2025
Tayman Park Golf Group and Ukiah Men’s Golf Club
Submitted by the CIP Advisory Team:

Frank Johnson, PGA Director of Golf
Alex Goeken, President, Ukiah Mens Golf Cub
Neil Davis, CS Director, City of Ukiah
July 1, 2024
Ukiah Valley Golf Course 599 Park Blvd Ukiah, California 95482 T 707.467.2832 F 707.433.7846 www.ukiahgolf.com

Golf Course Capital Improvements Plan (CIP)
The golf course is for the use and enjoyment ofthe public and all its patrons.In order thatthe public can be given the best possible golfing experience,the golf coursemust beopen to constructive feedback. All CIP planning and decisions must be analyzed for their short and long term effect.

The Golf Professional operating the course, Tayman Park Golf Group (TPGG) and the Ukiah Men’s Golf Club (UMGC) maintain separate bank accounts as required under their respective amended leases to fund projects for the Ukiah Valley Golf Course under the approved Capital Improvement Plan (CIP). The Ukiah Valley Golf Course’s Capital Improvement Planning process is managed and controlled by an Advisory Team comprised of three representatives, one each from the Ukiah Men’s Golf Club, the Golf Professional, and the City of Ukiah. The Advisory Team prepared Capital Improvement Plan that is submitted annually for review by the Ukiah City Council at a public City Council meeting.

The Capital Improvement Plan is not an operational plan of the golf course, and is limited to capital improvement planning only.

Part A. - Capital Improvement Completed in FY2023/2024:

UKIAH MENS GOLF CLUB PROJECTS:

The substantial number of Projects completed solely by the Ukiah Men’s Golf Club in this past year were funded through net cart barn rents, as well as a significant number of projects that were funded by cash, time, and material contributions of various UMGC members in excess of what was required by their CIP commitment.

This years completed projects include;
Removed the failing retaining wall around #8 green and replaced it with compacted soil and planted grass.

Upgraded the drainage for better erosion control. Rebuilt #9 and #11 tee boxes by leveling, enlarging, resoding and upgraded the sprinkler system for better coverage and better use of the water.

Grounded stumps for better play. Removed dead and hazardous trees on #10 and #15.

Completed tree trimming around the maintenance shed and also hauled off broken down equipment.

Helped organize supplies and equipment to make more room for more equipment to be stored indoors and easier to work in.

Refurbishing benches and tee signs as needed.

JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP:

Tee #18 remodel complete. New irrigation, new rye grass sod, new drainage and new ball washer.

TAYMAN PARK GOLF GROUP PROJECTS:

It should be noted, that Tayman Park Golf Group completed the following projects, which were not required by their CIP commitment, using their own funds in excess of what was required.

Building repair and maintenance;
Three entry doors have been replaced and one a/c unit was replaced.

Irrigation system repair;
New controllers, gate and electric valves, sprinkler heads and pvc pipe have been replaced in targeted areas. ONGOING
Sand Fairways; COMPLETED AND ONGOING/Tayman Park Golf Group Improved fairways are important to retain players. Sand application over time, improves conditions and playability. Other benefits include a reduction in earthworm castings, improved rooting, earlier spring green- up and reduction in water use. The primary reason fairway topdressing programs are implemented is to firm the surfaces, improved playability and minimize course closure following heavy and prolonged rains.

Sand Trap Reshaping; COMPLETED AND ONGOING/Tayman Park Golf Group Tayman Park Golf Group’s maintenance crew has taken over the reshaping of the edges and lips of the sand traps.

Fairway Seeding; COMPLETED AND ONGOING/Tayman Park Golf Group Improvements will include a new drought tolerant grass, sand usage and wetting agents.

The new grass will consist of 4 different grass types for deeper root growth and better playing surface. This blend has been proven to perform well in high heat and less water areas. The continued fairway resurfacing will show all players that the Ukiah Valley Golf Course is a viable recreation area worthy of their spending dollars. It’s not enough in this difficult environment to just have a course, you must show the willingness to spend money and improve your product. Our fairways continue to improve in appearance and playability.

Part B. - Projects Identified in Prior Years rolling over to FY 2024/2025:

UKIAH MENS GOLF CLUB PROJECTS:

Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players. On-going tree pruning conforming to the list of trees that was approved in 2020. New trees may be added to the list if storm or drought damage is discovered. Dead trees will be removed from time to time. Many of the existing pine trees on the golf course have suffered during the drought and will need to be removed when they are dead so that they do not become a hazard. All work done under the guidance of the City of Ukiah’s Tree Management Guidelines.

HOLE #2(FY21/22): reshaping and decreasing the size of the sand trap, over the years this

sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed.

HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years.

HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks.

Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP:

TAYMAN PARK GOLF GROUP PROJECTS:

Transition from Rye Grass Fairways to 3 Blend Fescue Grass; (FY21/22) Tayman Park Golf Group. With the continued importance of water conservation, it’s important to find the right grasses to help reduce water usage. Fescue’s when blended with other grasses have been known to stay healthy with less watering. ONGOING
Part C. – Newly identified Projects added to Plan:

Building repair and maintenance; One entry door and one a/c unit will be replaced. (FY 24/25)
Irrigation System; pressure reducing station needs new diaphram and fittings. (FY 24/25) Additional sprinkler heads and relocating current sprinkler heads. new pvc pipe will be added. (FY 24/25)
Tee #17 will be upgraded. (FY 24/25)
UKIAH MENS GOLF CLUB PROJECTS:

Our plan for 2024-2025 is to continue with tree trimming in areas of the golf course and to start working on the sand traps. (FY 24/25)
PRACTICE AREA ADJACENT TO HOLE #1(FY23/24); Construction of a practice sand trap.

MONITOR (FY23/24); The recycled water pipe project will be constructed across holes #9, #10 & #18. The project will repair any damages but the areas will need to be monitored and issues addressed as needed.

JOINT PROJECTS; UKIAH MENS GOLF CLUB/ TAYMAN PARK GOLF GROUP:

North Bridge on Back Nine (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club

ONGOING

Inspect decking and replacewood as needed.

Repair Failed Storm Drain; The storm drain pipe on the front nine, which extends from above Green #3 down to the east side of Fairway #8, is failing in several places. Explore ideas with the city for either temporary or spot fixes until the City has funds to replace the entire storm drain. (FY21/22); Tayman Park Golf Group & Ukiah Men’s Golf Club. Under review for FEMA funding from Winter Storm Damage in 2022.

Continued Tee Improvements; (FY21/22) Tayman Park Golf Group & Ukiah Men’s Golf Club ONGOING
TAYMAN PARK GOLF GROUP PROJECTS:

Building repair and maintenance; (FY22/23); New entry doors, A/C units replaced, bathroom remodel and plumbing work. This work is needed to continue the upgrade of the pro shop. The pro shop was remodled back in 2018/2019 and additional items are now in need of repair. ONGOING
Irrigation system repair (FY23/24); as the irrigation system ages, replacing targeted areas of the system to maintain current levels of water control, water savings and eliminate mainline damage is needed. Controllers, gate and electric valves, electrical wiring, sprinkler heads and pvc pipe will be replaced. ONGOING
Cart Path Replacement (FY23/24); Not all areas can be completed this year but areas of concern are being addressed.

Capital Improvement Summary
Items listed areplanned projects. Fundsmay be limited andwewill replace/repair themost importantitems first. Our goal will be to utilize our funds on projects to meet the highest priorities thatwill provide the best golf experience possible to the golfers.

The Advisory Team will continue to look not only atimmediate goals but will consider our long term goals as well. The Advisory Team will continue to enable a good working relationships between TPGG, the Men’s andWomen’sGolfClubs and the City.

Thank you for allowing the Advisory Team the opportunity to improve the Ukiah Valley Golf Course through this CIP plan.

City Staff would be pleased to arrange for City Council Members to tour the Golf Course and its facilities upon request.

ATTACHMENT #2
UVGC CIP Report Attachment #2; Ukiah Men’s Golf Club Completed Projects FY24
#8 green with tree and brush removals, erosion control and fixed the falling retaining wall

#9 Tee Box
Upgraded the drainage for better erosion control. Rebuilt #9 and #11 tee boxes by leveling, enlarging, resoding and upgraded the sprinkler system for better coverage and better use of the water.

#18 Tee Box
Complete remodel; New irrigation, new rye grass sod, new drainage and new ball washer. (joint project with Tayman Park Golf Group)

#11 Tee Box
Upgraded the drainage for better erosion control. Rebuilt #9 and #11 tee boxes by leveling, enlarging, resoding and upgraded the sprinkler system for better coverage and better use of the water.

City Council
Meeting
of
August 7, 2024
Ukiah Valley Golf Course
Capital Improvement Plan
Attachment #3

PLANNING COMMISSION May 31, 2017 | 2
The Ukiah Valley Golf Course is operated under a Lease Agreement between the City of Ukiah (City) and Tayman Park Golf Group, Inc. (TPGG).

The Ukiah Mens Golf Club (UMGC) operates a cart barn under a Lease Agreement with the City.

Both groups are committed to making annual capital improvements to the course under an annually approved capital improvement plan (CIP) in cooperation with the City.

CIP funding is provided by TPGG and the UMGC through these lease agreements and is reported to Council annually.

3 2024/2025 Capital Improvement Plan
The CIP is presented in three sections;
A. Capital Improvement
Projects Completed
B. Projects Identified in Prior
Years Rolling Over to the next
year
C. New Projects Added

Ukiah Men’s Golf Club completed projects
(CIP plan section A)
Secured Retaining Wall #8 Green; completed tree and brush removals, erosion control, and fixed the falling retaining wall.

#9 Tee Re-build;
Upgraded the drainage for
better erosion control.

Rebuilt #9 the boxes by
leveling, enlarging,
resoding and upgraded the
sprinkler system for better
coverage and better use of
the water.

#18 Tee Box;
Complete remodel
incudes:
new irrigation
new rye grass sod
new drainage
new ball washer
(joint project with
Tayman Park Golf
Group)

Rebuilt #11 tee
box by leveling,
enlarging,
resoding and
upgraded the
sprinkler system
for better
coverage and
better use of the
water.

Upgraded the
drainage for
better erosion
control.

Building repair and maintenance;
Three entry doors have been replaced and one a/c unit was replaced.

Completed Projects (CIP plan section A continued)
TAYMAN PARK GOLF GROUP PROJECTS:

It should be noted, that Tayman Park Golf Group completed many projects, which were not required by their CIP commitment, using their own funds in excess of what was required.

Tree Maintenance (FY20/21); Ukiah Men’s Golf Club ONGOING On-going tree trimming with emphasis on safety for all players. On-going tree pruning conforming to the list of trees that was approved in 2020. New trees may be added to the list if storm or drought damage is discovered. Dead trees will be removed from time to time. Many of the existing pine trees on the golf course have suffered during the drought and will need to be removed when they are dead so that they do not become a hazard. All work done under the guidance of the City of Ukiah’s Tree Management Guidelines.

HOLE #2(FY21/22): reshaping and decreasing the size of the sand trap, over the years this sand trap has increased in size and needs to be reconfigured to its former size. Add turf where needed.

HOLE #4(FY21/22): Consider reducing the size of the northerly sand trap which has grown larger over the years.

HOLE #9(FY21/22): Remove the paved cart path adjacent to the green and replace it with turf blocks.

Directional Control Posts (FY21/22); Ukiah Men’s Golf Club ONGOING 2023/2024 CIP Projects- Section B
(Projects Identified in Prior Years Rolling Over to the next year)

TAYMAN PARK GOLF GROUP PROJECTS:

Building repair and maintenance; One entry door and one a/c unit will be replaced.

Irrigation System; pressure reducing station needs new diaphragm and fittings.

Additional sprinkler heads and relocating current sprinkler heads. New pvc pipe will be added.

Tee #17 will be upgraded.

UKIAH MENS GOLF CLUB PROJECTS:

Our plan for 2024-2025 is to continue with tree trimming in areas of the golf course and to start working on the sand traps.
2023/2024 CIP Projects- Section C (New Projects Added)

11 Ukiah Valley Golf Course
A Community Resource
The UVGC provides an outdoor recreational place for all ages and provides fundraising opportunities to our community through the numerous tournaments hosted on the property.

This past year the golf course hosted over 40 tournaments supporting local non-profits.

TPGG provides food and beverage service to our community.

The ‘Slush by the Park’ menu has proven to be an attraction to golfers and non-golfers alike.

The clubhouse is available to rent and hosts many gatherings.

12 Fire Buffer Zone and Recycled Water
In addition to providing a safe recreational outlet the Ukiah Valley Golf Course provides a level of protection and firefighting space to protect the City of Ukiah from fire threats from the western hills. The golf course’s large green space creates a fire protection zone, or buffer between the western hills and the adjacent western Ukiah residential neighborhoods.

Recycled Water- as part of the grant funded project the use of recycled water is getting close to the Todd Grove Recreation Area. Pipe for the distribution system is going in the ground and already installed through the golf course, providing recycled water to 2/3 of the course.

This second source of water is important for both reducing the impact the greenspaces make on our potable water use but also, and perhaps most importantly, the purple pipe water offers a secondary water source to fight fires. The UVFA Chief has evaluated locations for hydrants to offer an additional level of protection to our community.

13 Summary
Present to City Council FY2024 CIP plan.

Questions?
Ukiah Mens Golf Club:

Alex Goeken, President
Tayman Park Golf Group:

Frank Johnson, Owner/Golf Pro

AGENDA ITEM 6a

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/81804486483 Ukiah, CA 95482
July 17, 2024
5:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on July 17, 2024, having been legally noticed on July 12, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/81804486483. Mayor Dueñas called the meeting to order at 5:03 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Susan Sher, Douglas, F.

Crane, and Josefina Dueňas. Absent by Prearrangement: Juan V. Orozco. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; Kristine Lawler, City Clerk; and Araceli Sandoval, Administrative Assistant.

MAYOR DUEŇAS PRESIDING.

The Pledge of Allegiance was led by Councilmember Sher.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Clerk noted that no public was present.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 5:04 P.M.

3. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)
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
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-CVPT2018-70200 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-CVPT20-74612

City Council Minutes for July 17, 2024, Continued:

e. 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
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
g. 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: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
No action reported; direction provided to Staff.

4. ADJOURNMENT
There being no further business, the meeting adjourned at 5:45 p.m. ________________________________
Kristine Lawler, City Clerk

AGENDA ITEM 6b

CITY OF UKIAH

CITY COUNCIL MINUTES
Regular Meeting

CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue, Ukiah, CA 95482
Virtual Meeting Link: https://us06web.zoom.us/j/81804486483 Ukiah, CA 95482
July 17, 2024
6:00 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on July 17, 2024, having been legally noticed on July 12, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/81804486483. Mayor Dueñas called the meeting to order at 6:03 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Susan Sher, Douglas, F.

Crane, and Josefina Dueňas. Councilmembers Absent by Prearrangement: Juan V. Orozco.

Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; Kristine Lawler, City Clerk, and Araceli Sandoval, Acting Clerk.

MAYOR DUEÑAS PRESIDING.

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

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the Ukiah City Council Recognizing July 26, 2024, as Disability Independence Day.

Presenter: Councilmember Rodin.

Proclamation was received by Julie Eby-Mckenzie, State Council on Developmental Disabilities. b. Presentation of the PFM Group on an Update to the City Council on the City’s Investment Portfolio.

Presenter: Allison Kaune, PFM Asset Management.

Staff Comment: Dan Buffalo, Finance Director.

PowerPoint presentation was received.
c. Presentation from Greater Ukiah Business and Tourism Alliance Regarding Activities and Events.

Presenter: Katrina Kessen, Greater Ukiah Business and Tourism Alliance Executive Director.

PowerPoint presentation was received.

5. PETITIONS AND COMMUNICATIONS
Acting Clerk, Araceli Sandoval, stated that all communications had been distributed.

City Council Minutes for July 17, 2024, Continued:

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the June 19, 2024, Regular Meeting.

Motion/Second: Crane/Rodin to approve Minutes of June 19, 2024, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Crane, and Dueňas. NOES:

None. ABSENT: Orozco. ABSTAIN: Sher.

7. RIGHT TO APPEAL DECISION

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of May 2024 - Finance. b. Receive a Report Regarding the Purchase of Implementation Services from Milsoft (PO No. 48594) in the Amount of $54,000, and Approve Corresponding Budget Amendment - Finance. c. Approve Purchase (PO No. 48631) of CAT 926M Loader for $308,466.28, with a Reimbursement from $225,000 in USDA 2022 Disaster Water Grant Funds, and Authorize the City Manager to Execute the Grant Agreement, Any Amendments Thereto, and Approve Corresponding Budget Amendment – Public Works.
d. Consideration of Adoption of Resolution (2024-33) Reappointing Elora Babbini to the Public Spaces Commission (PSC) – City Clerk.
e. Approval of Contract Amendment 2 (2122-208-A2) in the Amount of $15,600 with Ren Alexander Design for Additional Services Pertaining to the New Electric Service Center Located at 1350 Hastings Road – Electric Utility.
f. Council to Receive and File Adopted 2024-25 Fiscal Year City of Ukiah Budget Document – Finance.
g. Approval of Purchase (PO No. 48627) of One 2024 Ford F-550 Crew Cab, Two Ford F-350 Crew Cabs, and One 2024 Ford F-550 Regular Cab for the Amount of $454,611.92, Using Funds from the USDA Community Wildfire Defense Grant and Corresponding Budget Amendment – Fire.
h. Consider and Approve Recommended Revisions to City's Investment Policy – Finance. i. Approval of Execution by the City Manager of a Joint Prosecution and Common Interest Agreement (2425-080) Regarding the PG&E Surrender and Transfer of the Potter Valley Project – City Manager.
j. Authorization for City Manager to Renew an Agreement (2425-081) with Pano AI in the Amount of $140,000 for the Continued Operation of Four Wildfire Camera Sites and Corresponding Budget Amendments – Fire.

Motion/Second: Crane/Sher to approve Consent Calendar Items 8a-8j, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas. NOES: None.

ABSENT: Orozco. ABSTAIN: None.

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

City Council Minutes for July 17, 2024, Continued:

10. COUNCIL REPORTS
No Council reports were received.

11. CITY MANAGER/CITY CLERK REPORTS
Presenters:
 Construction Update – Andrew Stricklin, Senior Civil Engineer.  FEMA Floodplain Update – Sage Sangiacomo, City Manager.  Palace Update – Shannon Riley, Deputy City Manager.
 Election Filing Period Open – Kristine Lawler, City Clerk.

12. PUBLIC HEARINGS (6:15 PM)
a. Conduct a Public Hearing and Consider Adoption of Resolution for User Fees at the Ukiah Regional Airport.

This Item was postponed to August 7, 2024, due to technical difficulties during publication.

Motion/Second: Crane/Sher to postpone item 12a to the August 7, 2024, City Council Regular Meeting due to technical difficulties during publication. Motion carried by the following roll call votes:

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

13. UNFINISHED BUSINESS
a. Possible Adoption of Ordinance to Change the Time that City Council Meetings Convene.

Presenter: Kristine Lawler, City Clerk.

Motion/Second: Crane/Rodin to adopt Ordinance changing the start time for City Council meetings to 5:15 p.m. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas.

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

ORDINANCE No. 1239
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 51 IN DIVISION 1, CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO THE START TIME OF

REGULAR MEETINGS OF THE CITY COUNTIL
b. Adoption of an Amended Ordinance Regarding the City of Ukiah’s Western Hills Annexation and Sphere of Influence Amendment Application to the Mendocino County Local Agency Formation Commission (LAFCo) Confirming the Previously Approved Prezoning Districts as Low-Density Residential - Hillside (R1-H) and Public Facilities (PF).

Presenter: Jesse Davis, Chief Planning Manager.

Motion/Second: Crane/Rodin to adopt amended ordinance for the City of Ukiah's Western Hills Annexation and Sphere of Influence (SOI) Amendment Application confirming the previously approved Prezoning districts as Public Facility (“PF”) and Low Density Residential-Hillside (“R1-H”).

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

ABSENT: Orozco. ABSTAIN: None.

ORDINANCE No. 1240
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING ORDINANCE 2017

TO PREZONE CERTAIN PARCELS IN ASSOCIATION WITH THE WESTERN HILLS

City Council Minutes for July 17, 2024, Continued:

ANNEXATION AND SPHERE OF INFLUENCE AMENDMENT APPLICATION (LAFCO FILE NO. A2022-02) Council Consensus to hear Agenda Item 13d out of order. d. Receive Report of Change Order for Orr Street Bridge and Approve Associated Budget Amendment; Provide Direction to Staff Regarding Future Use of Bridge.

Presenter: Shannon Riley, Deputy City Manager.

Council Consensus to hear Agenda Item 13c before 13d, as the presenter had arrived. c. Approval of Proposal from GHD, Inc. for Design and Engineering Services for the Development of an Additional Municipal Well, and Approve Corresponding Budget Amendment.

Presenter: Sean White, Water Resources Director.

Motion/Second: Crane/Rodin to approve the proposal from GHD, Inc. (2425-082) for Design and Engineering Services for the development of an additional municipal well, and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas. NOES: None. ABSENT: Orozco. ABSTAIN: None. d. Receive Report of Change Order for Orr Street Bridge and Approve Associated Budget Amendment; Provide Direction to Staff Regarding Future Use of Bridge - continued Presenter: Shannon Riley, Deputy City Manager.

Public Comment: Linda Sanders.

Motion/Second: Crane/Sher to receive report regarding change order and approve associated budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas. NOES: None. ABSENT: Orozco. ABSTAIN: None.

Public Comment: Anna Rozelski, Porter Dinehart, Lisa Ortiz, Susan Knopf, Linda Sanders, Maureen Mulheren, and Jeromy Schwarm.

Motion by Vice Mayor Crane to direct City Staff to open the bridge to single-lane traffic in both directions and install one speed hump on each terminus of the bridge approach.

Motion dies for lack of a second.

Motion/Second: Crane/Rodin to continue this item [for the ad hoc to conduct further research and discussion, then bring a recommendation back to Council]. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas. NOES: None. ABSENT: Orozco. ABSTAIN: None.

RECESS: 9:15 - 9:31 P.M.
e. Consideration of Award of Bid for Contract for the Riverside Park Regeneration Project Specification 24-05.

Clerk stated that Staff pulled this item for further evaluation.

City Council Minutes for July 17, 2024, Continued:

14. NEW BUSINESS
a. Adoption of Resolution to Enter into a Third Phase Agreement for Renewable Power Purchase Agreement with Grace Orchard Energy Center, LLC, and Authorize the City Manager to Execute the Agreement.

Presenter: Cindy Sauers, Electric Utility Director.

Motion/Second: Rodin/Crane to adopt Resolution (2024-34) authorizing the City of Ukiah to enter into a Third Phase Agreement (2425-083) for Renewable Power Purchase Agreement (PPA) with Grace Orchard Energy Center, LLC (Third Phase Agreement), including any nonsubstantive modifications to the PPA and Third Phase Agreement ap34proved by the Member Counsel, and authorize the City Manager to execute the agreement. Motion carried by the following roll call votes:

AYES: Rodin, Sher, Crane, and Dueňas. NOES: None. ABSENT: Orozco. ABSTAIN: None. b. Proposed Sewer Rate Adjustments for Fiscal Year 2024-2025 and Start of the Prop 218 Protest Period.

Presenters: Dan Buffalo, Finance Director and Mark Hildebrand, Hildebrand Consulting, LLC.

Powerpoint Presentation was received.

Motion/Second: Rodin/Sher to approve the proposed sewer rate adjustments effective October 1, 2024, as outlined in the 2024 Sewer Financial Plan (Sewer Rate Study), and initiate the Prop 218 45-day protest period. Motion carried by the following roll call votes: AYES: Rodin, Sher, and Crane.

NOES: None. ABSENT: Orozco. ABSTAIN: Dueňas.
c. Consider Direction to Staff to Submit to the Voters in the November 2024 Election a Local 3% Increase in the Transient Occupancy Tax (Lodging Tax); Create Ad Hoc Committee to Develop Corresponding Materials.

Presenter: Shannon Riley, Deputy City Manager.

Motion/Second: Rodin/Sher to direct Staff to submit to the voters in the November 2024 election a local 3% Increase to the Transient Occupancy Tax (Lodging Tax) and to appoint Councilmember Rodin and Councilmember Sher to serve on an ad hoc committee to develop the corresponding materials. Motion carried by the following roll call votes: AYES: Rodin, Sher, Crane, and Dueňas.

NOES: None. ABSENT: Orozco. ABSTAIN: None.
d. 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); Including the Possible Creation of an Ad Hoc to Review and Update the City Council Handbook.

Presenter: Kristine Lawler, City Clerk.

Motion/Second: Rodin/Crane to appoint Councilmember Sher to serve on an ad hoc committee to review and update the City Council Handbook. Motion carried by the following roll call votes: AYES:

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

15. CLOSED SESSION
a. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(d)(4))
Initiation of litigation (3 cases)

City Council Minutes for July 17, 2024, Continued:

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 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 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
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 002-232-05 and 002-282-02
Negotiator: Sage Sangiacomo, City Manager
Negotiating Parties: Bartolomei Trustees
Under Negotiation: Price & Terms of Payment
g. 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: Mark and Jann Lanz
Under Negotiation: Price & Terms of Payment
h. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
i. Public Employee Performance Evaluation
(Government Code Section 54956
Title: City Manager
Closed Session was held during a Special Meeting at 5:00 p.m.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 10:45 p.m. ________________________________
Araceli Sandoval, Acting Clerk

AGENDA ITEM 6c

CITY OF UKIAH

CITY COUNCIL MINUTES
Special Meeting
Virtual Meeting Link: https://us06web.zoom.us/j/81246281760 Ukiah, CA 95482
August 1, 2024
5:00 p.m.

1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Ukiah City Council met at a Special Meeting on August 1, 2024, having been legally noticed on July 31, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/81246281760. Mayor Dueñas called the meeting to order at 4:35 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin, Juan V. Orozco, Susan Sher, Douglas, F. Crane (arriving at 4:45 p.m.), and Josefina Dueňas. Staff Present: Shannon Riley, Deputy City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR DUEŇAS PRESIDING.

The Pledge of Allegiance was led by Councilmember Orozco.

2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No public comment was received.

3. UNFINISHED BUSINESS
a. Discussion and Consideration of Adoption of Resolution in Support of a Ballot Measure Increasing the Transient Occupancy Tax (TOT) by Three Percent (3%); Requesting the County Clerk to Consolidate the Election of Said Measure on the Ballot with the Statewide General Election of November 5, 2024; and Directing Staff to Develop and Submit the Associated Ballot Items.

Presenter: Shannon Riley, Deputy City Manager.

Motion/Second: Crane/Orozco to adopt the resolution in support of a ballot measure increasing the Transient Occupancy Tax (TOT) by three percent (3%); requesting the County Clerk to consolidate the election of said measure on the ballot with the Statewide General Election of November 5, 2024; and directing Staff to develop and submit the associated ballot items, including a modification to the Ballot Argument as discussed [to delete second half of the sentence on the 5th bullet that reads, “…,which has already increased this revenue stream by more than double”] by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN:

None.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 4:52 P.M.

4. Closed Session
a. Conference with Real Property Negotiators
(Cal. Gov’t Code Section 54956.8)
Property: APN No: 170-150-10-00
Negotiator: Sage Sangiacomo, City Manager
Negotiation Party: Twenty Years of Bliss LLC
Under Negotiation: Price & Terms of Payment

City Council Minutes for August 1, 2024, Continued:

No action taken; direction given to Staff.

5. ADJOURNMENT
There being no further business, the meeting adjourned at 5:15 p.m. ________________________________
Kristine Lawler, City Clerk

Agenda Item No: 8.a.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2022-1479

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

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

1. June 2024 Summary of Disbursements

2. Account Codes for Reference

3. Object Codes for Reference

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

Background: Payments made during the month of June 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): 3058055-3058157; 3058158-3058250; 3058251-3058370; 3058371-3058478
Accounts Payable Wire Transfers: 117
Payroll Check Numbers: 515707-515798; 515799-515906
Payroll Manual Check Numbers: 515799
Direct Deposit Numbers: 128750-129090; 129091-129424
Manual Direct Deposit Numbers: N/A
Void Check Numbers: 3058074, 3058087, 3058276, 515799
Void Direct Deposit Numbers: N/A
Discussion: This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1.

Attachment #1: June 2024 Summary of Disbursements
Attachment #2: Account Codes for Reference
Attachment #3: Object Codes for Reference
Attachment #4: June 2024 Disbursement Detail

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

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

Attachment 1
FUNDS:
100 General Fund $365,243.12 700 Sanitary Disposal Site Fund $3,670.58 101 GF-(Sub-Fund) Visit Ukiah $972.68 701 Landfill Corrective Fund 105 GF-(Sub-Fund) Fire Authority $59,439.89 702 Disposal Closure Reserve Fund $6,867.00 110 Special General Fund 704 Post Closure Fund - Solid Waste 120 Streets Capital Improvement $6,817.81 710 Ambulance Services Fund $12,389.05 130 Gov'tl Debt SVC/Reserve Fund 720 Golf Fund $20,296.87 131 Debt Service Reserve 2022 LRB 730 Confernence Center Fund $5,628.67 200 City Adminstrative Services $106,493.27 750 Visit Ukiah 201 Worker's Comp Fund 777 Airport Fund $88,470.86
202 Liability Fund 778 Airport Capital Improvement Fund $12,739.36 203 Garage Fund $20,895.02 779 Special Aviation Fund
204 Purchasing Fund $7,441.71 800 Electric Fund $969,407.14 205 Billing & Collections Fund $42,160.62 801 Electric Capital Reserve Fund $233,423.04 206 Public Safety Dispatch Fund $15,278.56 803 Lake Mendocino Bond Reserve 207 Payroll Posting Fund $361,426.37 805 Street Lighting Fund $12,225.53 208 Building Maintenance/Corp Yard Fund $47,770.77 806 Public Benefits Fund $4,990.22 209 IT Fund $180,206.68 807 Cap and Trade $3,230.55
220 Equipment Reserve Fund 820 Water Fund $192,436.72
249 City Housing Bond Proceeds 821 Water Capital Reserve Fund $95,228.78 250 Special Revenue Fund 822 Water Capital Improvement Fund 251 Special Projects Reserve Fund 830 Recycled Water Fund $5,910,769.35 252 Streets/ROW Improvement Fund $160,766.48 840 City/District Sewer Fund $241,594.41 253 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 $17,770.26 302 Observatory Park Fund 901 General Service (Accts Recv) $5,177.65 303 Playground & Park Amenities Fund 902 U.S.W. Billing & Collection $59,593.24 304 Swimming Pool Fund 903 Public Safety - AB 109 $0.00 305 Riverside Park Fund $10,996.95 905 Federal Emergency Shelter Grant 306 Skate Park Fund 905 Mendocino Emergency Service Authority 308 Opioid Settlement Fund 911 Russian River Watershed Association $37,525.97 310 Museum Grants $0.00 915 UVFD $15,405.72
311 Alex Rorbaugh Recreation Center Fund $5,347.81 916 UVFD PROP 172 312 Downtown Business Improvement Fund 917 UVFD Measure B $59,152.62 313 LMIHF Housing Asset Fund 918 UVFD Mitigation
314 Winter Special Events 920 MSWMA Operations $203,394.70 315 Advanced Planning Fund 940 Sanitation District Special Fund 316 SPECIAL RECREATION EVENTS 942 Rate Stabilization - UVSD Fund 500 2106 Gas Tax Fund $22,166.66 943 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 $2,822.04 602 Community Development Fund 844/944 Sewer Capital Projects Fund $566,027.67 603 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 $362,924.64 613 Home Program Activities 611 CDBG 16-CDBG-11147 $70,000.00 620 CASP Train $382.50
630 Asset Seizure Fund $770.56
631 Asset Seizure Fund (Drug/Alcohol)
633 H & S Education 11489(B)(2)(A1) $4,000.00
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 $66.33
639 Special Revenue - Police
640 Parking District Fund $630.61
670 Federal American Rescue Fund
691 Museum Fund
695 Transfer Station Fund
696 Solid Waste Mitigation Fund $1,125.65
PAYROLL CHECK NUMBERS: 515707-515798 TOTAL DEMAND PAYMENTS- A/P CHECKS $10,653,003.77 DIRECT DEPOSIT NUMBERS: 128750-129090 TOTAL DEMAND PAYMENTS- EFT's $0.00 PAYROLL PERIOD: 6/14/2024 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS $1,446,498.33 PAYROLL CHECK NUMBERS: 515799-515906 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) $807,239.25 DIRECT DEPOSIT NUMBERS: 129091-129424 * vendor name( if applicable) PAYROLL PERIOD: 6/28/2024
PAYROLL CHECK NUMBERS:

DIRECT DEPOST NUMBERS:

PAYROLL PERIOD:

VOID CHECK NUMBERS: TOTAL PAYMENTS $12,906,741.35
3058074, 3058087, 3058275, 3058276
128930
515799
WIRE TRANSFER NUMBERS:
117

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

REGISTER OF PAYROLL AND DEMAND PAYMENTS
FOR THE MONTH OF June

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

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

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

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

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

Attachment 4

Agenda Item No: 8.b.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-397

AGENDA SUMMARY REPORT
SUBJECT: Report to Council of Emergency Purchase of Digester Replacement Parts and Labor for Installation at the Wastewater Treatment Plant in the Amount of $44,065.00 DEPARTMENT: Public Works PREPARED BY: Seth Strader, Administrative Analyst PRESENTER: Sean White, Water Resources Director
ATTACHMENTS:

1. PO 48613
Summary: Councill will receive a report of the emergency purchase of digester replacement parts and labor for installation at the Wastewater Treatment Plant in the amount of $44,065.00 Background: The Wastewater Treatment Plant operates two digester units that convert wastewater solids to biosolids. Each digester contains a vertical mixer to prevent stratification layers from occurring. Stratification layers decrease diester gas production and reduce the efficiency of the digester process.

Discussion: The lower bearing seal on Digester 1 ruptured, causing sludge and gas to enter the mixing screw housing. The digester was taken offline by Staff due to concerns that continued operation could cause further damage. Staff immediately contacted WesTech for a quote for replacement parts and the labor to install them.

Purchase Order #48613 was issued (Attachment 1) for the replacement parts and labor to install them.

Recommended Action: Receive a report of the emergency purchase of digester replacement parts and labor for the installation at the Wastewater Treatment Plant in the amount of $44,065.00 BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 84027225.56120: $400,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Wastewater Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: PO 48613
COORDINATED WITH: Ryan Kriken, Wastewater Treatment Plant Supervisor; David Mendez, Buyer II DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI):

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

Purchase Order
Purchase
Order #

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

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

Item# Description/Part No. Qty UOM Unit Price Extended Price By
Purchasing Supervisor VENDOR COPY PO Total
B
I
L
L
T
O
V
E
N
D
O
R
S
H
I
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T
O

CITY OF UKIAH
ATTN: ACCOUNTS PAYABLE
300 SEMINARY AVENUE
UKIAH, CA 95482
Delivery Reference Freight Method/Terms Department/Location Sales Tax Rate Total Ext. Price $44,065.00
Total Sales Tax
Total Discount
Total Credit
Total Freight
$44,065.00
2025 Page 1 of 2
48613-00

WESTECH
PO BOX 65068
SALT LAKE CITY UT 84165-0068

CITY OF UKIAH - WWTP
300 PLANT ROAD
UKIAH CA 95482
801-265-1000 David Mendez 07/01/2024 08/23/2024
NET-30 WASTE WATER TREATMENT 0.000
The Above Purchase Order Number Must Appear On
All Correspondence - Packing Sheets And Bills Of
Lading
1 REPLACEMENT PARTS ON #1 24" INTERNAL SLUDGE
MIXER
(1) LOT OF UPPER BEARING COMPONENTS

1.0 EACH $8,410.000 $8,410.00
84027225 - 56120 $8,410.00
2 (1) LOT OF LOWER BEARING COMPONENTS 1.0 EACH $26,055.000 $26,055.00 84027225 - 56120 $26,055.00
3 (1) FIELD SERVICE 1.0 EACH $9,600.000 $9,600.00
84027225 - 56120 $9,600.00
EF REQ E39880 AS PER QUOTE DATED 7/1/24
ATTACHMENT 1

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

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

SELLER MAY NOT CHANGE MATERIAL OF

MANUFACTURE, SOURCES OF SUPPLY,

MANUFACTURING PROCESS OR LOCATION WITHOUT
THE PRIOR WRITTEN CONSENT OF BUYER.

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

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

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

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

5. TERMINATION. City may terminate this order at
any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.

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

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

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

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

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

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

12. ASSIGNMENT. City may assign this order.

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

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

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

15. INDEPENDENT CONTRACTOR. City and Seller
agree that Seller will act as an independent contractor and will have control of all work and the manner in which it is performed. Seller will be free to contract for similar service to be performed for other employers while under contract with City. Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees.

Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means the
Seller will follow the direction of the City as to end results of the work only.

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

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

Agenda Item No: 8.c.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-398

AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of Two Tesla Model 3s in the Amount of $108,664.46 and Two Custom Law Enforcement Upfits from Unplugged Performance in the Amount of $17,494 Per Vehicle for a Total of $34,988 Plus Tax.

DEPARTMENT: Police PREPARED BY: Myles Fisette
PRESENTER: Cedric Crook, Chief of Police
ATTACHMENTS:

1. FY2024 GSA Fleet Alternative Fuel Vehicle Guide_6.13.2024

2. Tesla Quote

3. Unplugged Performance
Summary: Council will consider approving the purchase of two Tesla Model 3s in the amount of $108,664.46 and two custom law enforcement upfits from Unplugged Performance in the amount of $17,494 per vehicle for a total of $34,988, plus additional taxes that may apply, for the Ukiah Police Department.

Background: Current UPD detective vehicles are 2009 Honda Accords and have proven to not be dependable. These vehicles need to be replaced due to high mileage. The current administrative vehicles will be reassigned to replace the outdated Honda Accords in the Detective Division. This will modernize the Detective Division's fleet, improving reliability and performance.

Staff identified the Tesla Model 3 to replace the command staff vehicles for various reasons. The Model 3 has proven reliability and lower maintenance requirements compared to traditional internal combustion engine vehicles, reducing overall operational costs.

Electric vehicles (EVs) significantly reduce fuel costs. The Tesla Model 3’s electricity cost is substantially lower than gasoline, leading to long-term savings. EVs have fewer moving parts and require less frequent maintenance compared to conventional vehicles, resulting in further cost savings on repairs and maintenance. By transitioning to electric vehicles, the Ukiah Police Department will reduce its carbon footprint, aligning with the city’s sustainability goals and promoting environmental stewardship. This purchase supports the city’s commitment to reducing greenhouse gas emissions and promotes the use of clean energy solutions.

The purchase of Tesla Model 3 vehicles is consistent with the City of Ukiah’s Climate Initiative, adopted in 2022. This initiative outlines actions to restore a safe climate and reduce the city’s carbon footprint. By investing in electric vehicles, the Ukiah Police Department will actively contribute to the city’s climate goals, demonstrating leadership in environmental responsibility and sustainable practices.

The Tesla Model 3 comes equipped with advanced safety features such as Autopilot, collision avoidance, and lane-keeping assistance, enhancing overall vehicle safety. Investing in new EVs for administrative use helps extend the lifecycle of the department’s overall vehicle fleet by ensuring that older vehicles are retired or reassigned as needed.

While the upfront cost of Tesla Model 3 vehicles is higher than traditional vehicles, the long-term savings on

fuel and maintenance will offset the initial investment. Funding for this purchase will be sourced from the existing vehicle replacement budget, with no additional financial burden on the City’s General Fund.

Discussion: The vehicles are being acquired through a U.S. General Services Agreement award list (Attachment 1). After researching government Tesla purchases, Staff found no history of public bidding or available cooperative purchasing contracts. Additionally, since Tesla does not have independently owned or franchised dealerships, Staff recommends purchasing two Model 3s directly from Tesla (Attachment 2) under the GSA award for the amount of $108,664.46.

In addition, Staff recommends the purchase of a custom law enforcement upfit from Unplugged Performance (Attachment 3) in the amount of $17,494 per vehicle for a total upfit amount of $34,988, plus additional taxes that may apply. Unplugged Performance is Tesla’s approved law enforcement upfit supplier and provides the necessary customizations for all public law enforcement Tesla purchases.

Recommended Action: Approve the of purchase of two Tesla Model 3s in the amount of $108,664.46 and two custom law enforcement upfits from Unplugged Performance in the amount of $17,494 per vehicle for a total of $34,988, plus additional taxes that may apply.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10020210.80100: $175,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Cedric Crook, Chief of Police; Dave Kirch, Dave Kirch, Fleet & Facilities Maintenance Manager; Mary Horger, Financial Services Manager
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI): 2a – Transformation of the fleet.

GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element

FY24 Zero-Emission Vehicles

1. Please note that configurations below represent configurations as awarded

2. Please make sure to verify vehicle model availability by referencing GSA's Fleet Offerings on GSAFleet.gov

3. Selling price and monthly/mileage rates include the costs of the options listed in column J For accessibility help email us at [email protected] Vehicle Type SIN SIN Description
Fuel
Type Note Supplier / Make Model
Engine
(Displacement/C
ylinders)
Equip Code
(Leasing)
Options
Required
Low-GHG -
EISA Sec.
141-
Compliant Delivery Availability
City Alt.

Fuel
Hwy Alt.

Fuel
Comb Alt.

Fuel
Selling Price
(for Purchasing
Agencies)
Low Bid as
Awarded
Monthly
Rate as
Awarded
Mileage
Rate as
Awarded
Incremental
Cost (Leasing
Only) SIN
Sedan 9E SEDAN, COMPACT, 5 PASSENGER, ELECTRIC VEHICLE BEV 272 mile range US FLEET/TESLA MODEL 3 0.0L, 0 cylinders 1207 Y All 50 states & PR 140 125 132 $49,591.38 Y $281.00 $0.053 $26,111.53 9E Sedan 9E SEDAN, COMPACT, 5 PASSENGER, ELECTRIC VEHICLE BEV 272 mile range US FLEET/TESLA MODEL 3 0.0L, 0 cylinders 1207 LU10 Y All 50 states & PR 140 125 132 $70,689.06 Y $569.00 $0.073 $26,111.53 9E Sedan 10E SEDAN, MIDSIZE, 5 PASSENGER, ELECTRIC VEHICLE BEV 402 mile range; AWD is standard US FLEET/TESLA MODEL S 0.0L, 0 cylinders 1103 Y TBD 127 116 122 $86,797.92 N $290.00 $0.071 $35,490.39 10E Sport Utility Vehicle 4x2 91E 4X2 SUV, CROSSOVER, ELECTRIC, 4 DR, 5 PASS,MIN 4500 LBS GVWR BEV 244 mile range US FLEET/TESLA MODEL Y 0.0L, 0 cylinders 4187 Y 50 state only; no export 140 119 129 $51,166.26 N $325.00 $0.087 $21,379.68 91E Sport Utility Vehicle 4x4 96E AWD SUV, ELECTRIC, COMPACT, 4 DR, 5 PASS, MIN 4500 LBS GVWR BEV 279 mile range US FLEET/TESLA MODEL Y 0.0L, 0 cylinders 6187 Y CONUS, HI & PR (no AK) 111 98 105 $57,949.26 N $325.00 $0.179 $30,824.19 96E Sport Utility Vehicle 4x4 96E AWD SUV, ELECTRIC, COMPACT, 4 DR, 5 PASS, MIN 4500 LBS GVWR BEV 279 mile range US FLEET/TESLA MODEL Y 0.0L, 0 cylinders 6187 LU10 Y CONUS only; no AK or HI 111 98 105 $79,046.94 N $613.00 $0.199 $30,824.19 96E Sport Utility Vehicle 4x4 105E 4X4 SUV, INTERMEDIATE, ELECTRIC BEV 335 mile range US FLEET/TESLA MODEL X 0.0L, 0 cylinders 6274 Y TBD 104 96 100 $91,005.42 N $308.00 $0.091 $56,780.18 105E Attachment 1

45500 Fremont Blvd
Fremont, CA 94538
Attn: Mac Dunmire
240-821-3055
Item # Description Quantity Units of Measure Unit Price Total Value 1 Car - Tesla Model 3 2 EACH $47,490.00 $94,980.00
341 mile range All-Wheel Drive
Color: Stealth Grey 2 EACH $0.00 $0.00
Autopilot 2 EACH $0.00 $0.00
Power Doors 2 EACH $0.00 $0.00
Center console with storage, 4 USB-C ports and wireless charging for 2 smartphones 2 EACH $0.00 $0.00
Power Windows 2 EACH $0.00 $0.00
Carpeted Flooring Front and Rear 2 EACH $0.00 $0.00
18" Photon Wheels 2 EACH $0.00 $0.00
All Black Interior 2 EACH $0.00 $0.00
Synthetic Leather Seats 2 EACH $0.00 $0.00
Tinted glass roof with ultraviolet and infrared protection 2 EACH $0.00 $0.00 Rear View Camera 2 EACH $0.00 $0.00
Tilt Steering Wheel 2 EACH $0.00 $0.00
Keys (2 Keys Standard) 2 EACH $0.00 $0.00
12-way power adjustable front and rear heated seats 2 EACH $0.00 $0.00 Front License Plate Holder 2 EACH $0.00 $0.00
Mirrors, Power folding, auto-dimming, heated 2 EACH $0.00 $0.00 Glass, Privacy 2 EACH $0.00 $0.00
Interior floor mats 2 EACH $0.00 $0.00
Traffic Aware Cruise Control 2 EACH $0.00 $0.00
LED fog lamps 2 EACH $0.00 $0.00
Eight surround cameras and 12 ultrasonic sensors 2 EACH $0.00 $0.00 Premium audio –14 speakers, 1 subwoofer, 2 amps, and
immersive sound 2 EACH $0.00 $0.00
Back Up Alarm 2 EACH $0.00 $0.00
A/C, High Capacity Front/Rear 2 EACH $0.00 $0.00
Fee- Destination 2 EACH $1,390.00 $2,780.00
Order Fee 2 EACH $250.00 $500.00
$49,130.00 $98,260.00
Est. Sales Tax 8.88% EACH $4,360.29 $8,720.58
Tire Fee 2 EACH $7.00 $14.00
License Fee 2 EACH $302.00 $604.00
Electronic Reg / Title Filing Fee 2 EACH $33.00 $66.00
Est. total including fees $53,832.29 $107,664.58
Item # Description Quantity Units of Measure Unit Price Total Value 2 Wall Connectors 2 EACH $450.00 $900.00
Level 2 Wall Connector; 44 miles of range / hour
Sales tax 8.88% EACH $39.94 $79.88
$489.94 $979.88
Standard Equipment Features
Total excluding tax
Current Est. Delivery: July - August 2024
Est. total including sales tax
Attachment 2

Ukiah PD
2024 Model 3 / Y - UP.FIT Admin
Interior:

Inner-Edge Windshield Front Warning Lights
Siren Keypad Controller
C-Pillar Side ION Duo Warning Lights
Rear hatch underside mounted dome light ( Red / White ) w/ manual override switch Rear hatch rear-facing Warning Lights ( ION - Amber / Blue ) w/ manual override switch Interior Window Tint Application:

Window tint application shall not exceed 35% visible light transmittance.

A) Windshield above the OEMs AS-1 line to conceal the visor lights B) All side, and Rear Windows
Exterior:

Siren Speaker
Rear Hatch outward / rearward facing warning lights ( Red / Blue ION T ) Up.Fit 18" Forged Wheel & Tire Package
Digital California Exempt License Plate Prep ( Reviver E-Plate w/ Theft Prevention ) Electronics:

Whelen Cencom Core Controle Module ( C399 )
Fuse Panel System
UP.FIT Power Systems
UP.FIT Wire Harness
Radio & Communication Equipment: ( Provided by Customer ) Motorola Specific Supporting Components
To be included at delivery:

Owners Manual
Technical Specifications Sheet
Technical Maintenance Guidance
Warranty Information
Fleet Management Guidance
EVOC Training Invitation ( offered by Up.Fit at an additional cost ) EVOC Partnership ( We will partner with an agency-provided EVOC instructor to ensure proper operation of vehicle ) 1-1 Training for vehicle operation ( offered by Up.Fit at an additional cost ) Pre-Delivery Quality Inspection
Description Price QTY Subtotal
1 Vehicle UP.FIT Components $9,994.00 1 $9,994.00
2 UP.FIT Custom Craftsmanship & Labor $7,500.00 1 $7,500.00 Total: $17,494.00
UP.FIT Non-disclosure & Confidentiality Notice
IMPORTANT NOTE:

The estimate, data, information and configuration provided herein, is confidential and proprietary. All pricing, data and recommendations shall remain between the quoting party, and the potential recipient of estimated services/parts rendered. The details of this estimate include sensitive, proprietary information, research and development and should be not be shared. All details, shall not be revealed or shared either verbally, written or copied in any likeness including physical copy, PDF, shared digital image or verbally, including pricing without the written consent of all parties involved. All data is Copyright Unplugged Performance Unplugged Performance
Tesla Approved Body Shop 3523
3523 Jack Northrop Ave
Hawthorne, CA 90250
(213) 493-6323
Unpluggedperformance.com
Estimate #4464
Created: 6/18/2024 01:07 PM PDT
Payment Term: On Receipt
Service Writer: Suemur Bezabeh
6/19/2024 Unplugged Performance
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Attachment 3

UP.FIT Non-disclosure & Confidentiality Notice
2024.

We partner closely with vendors and other manufacturers, and the data and pricing shared may include data that is presented to us by those parties. This Non-disclosure clause shall extend to all data that includes any partnership, collaboration or data we acquire from 3rd party vendors, OEM's etc. All pricing is subject to adjustment and change and estimates are provided to establish an initiation for a final contract, however are not final until all parties agree to and sign for the agreed upon pricing.

Description Subtotal
1 UP.FIT NDA Acknowledgement $0.00
Total: $0.00
Vehicle Purchase & Upfitting Agreement
**VEHICLE PURCHASE AND UPFITTING AGREEMENT**
**1. Description of Vehicle and Upfitting Services:**
The Seller agrees to sell to the Buyer, and the Buyer agrees to purchase from the Seller, a vehicle to be described in further detail in an exhibit attached hereto (the "Vehicle"). The Seller further agrees to upfit the Vehicle according to the specifications outlined in Exhibit A attached hereto (the "Upfitting Services").
**2. Purchase Price:**
The total purchase price for the Vehicle and the Upfitting Services shall be specified in the exhibit attached hereto. Payment shall be made by the Buyer to the Seller in accordance with the payment terms specified in the exhibit. Payment is due upon acceptance of the contract unless otherwise stipulated or specified in the invoice details. **3. Delivery:**
Delivery of any vehicle must occur directly to Unplugged Performance for the purposes of vehicle upfitting. If the vehicle is new, it must be delivered directly from the manufacturer. Delivery of the vehicle to the buyer will occur after the completion of vehicle upfitting and inspection approval by both the buyer and seller. Additional vehicle logistics come with additional expense and should be considered.
**4. Inspection and Acceptance:**
Upon upfit completion, the Buyer shall have a specified period of time to inspect the Vehicle and the Upfitting Services. If the Buyer determines that the Upfitting Services do not conform to the specifications outlined in the exhibit, the Seller shall make reasonable efforts to address any deficiencies. Any adjustments requested or alterations beyond the quoted work to be performed may incur additional costs, subject to mutual agreement between the Buyer and Seller. **5. WARRANTY INFORMATION:**
**Vehicle Warranty:**
Tesla / OEM Standard Warranty: The vehicles we upfit will maintain their warranty within the scope of the Tesla / OEM Warranty Terms & Conditions, which can be referenced [here](https://www.tesla.com/support/vehicle-warranty). **Speciality Equipment Installation & OEM Warranty:**
Unplugged Performance, UP.FIT, as a Tesla Certified Body Shop, has extensive knowledge and know-how in specialty equipment specific for enhancement with specialty use cases, such as police upfitting. Our extensive understanding of Tesla schematics, components, and technical know-how allows us to closely understand how to ensure the Tesla / OEM Warranty is maintained within the highest standard and function possible.

Unplugged Performance
Tesla Approved Body Shop 3523
3523 Jack Northrop Ave
Hawthorne, CA 90250
(213) 493-6323
Unpluggedperformance.com
Estimate #4464
Created: 6/18/2024 01:07 PM PDT
Payment Term: On Receipt
Service Writer: Suemur Bezabeh
6/19/2024 Unplugged Performance
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Vehicle Purchase & Upfitting Agreement
In addition to our extensive efforts to make our technical upgrades Tesla Warranty Friendly, there are additional legal protections for any vehicle owner who has upgraded their vehicle to ensure that the OEM Warranty is not affected adversely. Further information about these protections can be referenced by The Magnuson–Moss Warranty Act (P.L. 93-637) a United States federal law (15 U.S.C. § 2301 et seq.). Enacted in 1975, the federal statute governs warranties on consumer products. **UP.FIT Warranty:**
- The Seller warrants that the upfitting work will be performed in a professional manner and that all upfitting components and parts installed by the Seller will be free from defects in materials and workmanship. **Parts Warranty:**
- Most upfitting components and parts typically have a 2 - 10 year warranty depending on several variables. However, different manufacturers of subcomponents offer different warranties. To ensure you have the most up-to-date warranty information, please reference the individual manufacturers for each component via their website or contact page. Below are links to warranty information for select manufacturers:
- Whelen: [https://www.whelen.com/support-training/whelen-warranty/](https://www.whelen.com/support-training/whelenwarranty/) - Setina: [https://setina.com/](https://setina.com/)
- Unplugged Performance: [https://unpluggedperformance.com/terms-and-conditions/](https://unpluggedperformance.com/ terms-and-conditions/)
**6. Mutual Nondisclosure Commitment:**
This section outlines the mutual agreement of nondisclosure between the parties, ensuring the protection of each party's confidential and proprietary information, which includes but is not limited to proprietary installations, equipment, processes, methods, designs, tools, and intellectual property utilized by Unplugged Performance in their services.

We partner closely with vendors and other manufacturers, and the data and pricing shared may include data that is presented to us by those parties. This Non-disclosure clause shall extend to all data that includes any partnership, collaboration, or data we acquire from 3rd party vendors, OEMs, etc.

Both parties agree to:
- Keep all Confidential Information in strict confidence. - Not disclose such information to any third party without prior written consent. - Use the Confidential Information solely for the purpose of the specified business relationship. - Prevent unauthorized use or reproduction of the other party's Confidential Information. - Return or destroy all Confidential Information upon termination of the business relationship or upon request.

This commitment is integral to maintaining the proprietary nature of the services and offerings provided by each party and is effective for 10 years, from the last disclosure of any Confidential Information. **7. Vehicle Procurement and Logistics Process:**
Unplugged Performance has a unique and extensive specialty understanding of the procurement of Electric Vehicles, direct from the manufacturer, specifically Tesla vehicles. We strongly encourage that procurement take place by Unplugged Performance to ensure that all of these complex variables are simplified.

Regardless of who purchases the vehicle, both the Buyer and Seller must be involved in the procurement planning and logistics to ensure no delays, additional complexities, or expenses are incurred by any party. Effective coordination between the Buyer and Seller is essential to facilitate seamless vehicle procurement and logistics.

This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Any modifications to this Agreement must be in writing and signed by both parties.

Description Price QTY Subtotal
Unplugged Performance
Tesla Approved Body Shop 3523
3523 Jack Northrop Ave
Hawthorne, CA 90250
(213) 493-6323
Unpluggedperformance.com
Estimate #4464
Created: 6/18/2024 01:07 PM PDT
Payment Term: On Receipt
Service Writer: Suemur Bezabeh
6/19/2024 Unplugged Performance
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Vehicle Purchase & Upfitting Agreement
1 Acceptance 1 $0.00
Total: $0.00
**Estimate Validity:** Estimates are approximations based on anticipated work and are subject to change due to unforeseen complications. You authorize the repair work and necessary material procurement as outlined, including vehicle operation for testing or inspection. For additional repairs, a revised estimate will be provided, available in writing upon request.
**Parts Policy:** All parts used are new unless otherwise stated. Deposits for parts orders are non-refundable, with no returns or refunds on special order, painted, or electrical parts. We offer no warranty on used or customer-supplied parts. **Liability Waiver:** Unplugged Performance is not liable for vehicle loss or damage, or for personal items left in the vehicle, under any circumstances beyond our control.

Delays due to parts availability or shipping are not our responsibility. You acknowledge full coverage insurance for your vehicle during service.

Parts ............................................... $17,494.00 Labor ........................................................ $0.00 Subtotal .................................... $17,494.00 Tax ..................................................... $0.00 Grand Total ................................... $17,494.00 Paid To Date ........................................ ($0.00) REMAINING BALANCE $17,494.00
**Damage and Repairs:** Pre-existing vehicle damage must be reported upon arrival. While we strive to prevent additional damage, we're not responsible for pre-existing conditions or ensuring vehicle cleanliness. Damage claims must be made at vehicle pickup; subsequent claims will not be accepted. **Service Timeframe:** Estimated work times are not guaranteed. We are not liable for scheduling conflicts or costs arising from altered completion timelines.
**Payment and Liens:** By accepting these terms, you agree to pay for the work as estimated. Failure to pay may result in automotive liens. **Safety and Modifications:** You waive liability claims against Unplugged Performance for issues arising from ignored safety recommendations or modifications made against our advice.
**Recommended Services:** A four-wheel alignment is advised for vehicles that are lowered, lifted, or have new wheels and suspension modifications to ensure even tire wear.
**Pricing Adjustments:** Prices are subject to change due to labor rates, tax adjustments, or parts pricing fluctuations. Confirm appointment and pricing details in advance.
**Fleet Pricing Notice:** Prices are based on the estimate date and may change. Customers are responsible for any price differences at the time of contract acceptance or delivery. Excludes taxes, fees, and potential incentives, which should be verified by the customer.

Signature
Unplugged Performance
Tesla Approved Body Shop 3523
3523 Jack Northrop Ave
Hawthorne, CA 90250
(213) 493-6323
Unpluggedperformance.com
Estimate #4464
Created: 6/18/2024 01:07 PM PDT
Payment Term: On Receipt
Service Writer: Suemur Bezabeh
6/19/2024 Unplugged Performance
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Agenda Item No: 8.d.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-399

AGENDA SUMMARY REPORT
SUBJECT: Approval of Purchase of Axon Fleet 3 Car Cameras with Five-Year Service Agreement in the Amount of $166,837.25 for Ukiah Police Department.

DEPARTMENT: Police PREPARED BY: Tom Corning, Police Captain PRESENTER: Tom Corning, Police Captain
ATTACHMENTS:

1. Axon Quote
Summary: City Council will consider approving the purchase of 12 Axon Fleet 3 Car Camera systems along with a five-year service agreement for the Ukiah Police Department, totaling $166,837.25 (distributed over five annual installments).

Background: Currently, the Ukiah Police Department's patrol vehicles are equipped with Axon Fleet 2 car cameras, which have reached the end of their operational life and are either out of warranty or nearing their expiration. To ensure all police patrol vehicles have functioning vehicle-mounted cameras, the department proposes replacing the outdated Axon Fleet 2 Car Cameras with the more advanced Axon Fleet 3 Car Cameras. Axon has been a longstanding provider for various technologies within the department, including body-worn cameras, tasers, unmanned aircraft systems, and evidence storage. Known for its industry-leading product functionality and reliability, Axon also provides support and cloud-based storage for video data generated by their cameras under the proposed agreement.

Discussion: Video and audio evidence captured by both body-worn and car camera systems are crucial for law enforcement operations, aiding in better prosecution rates, increasing transparency, reducing liability, and facilitating the review of police practices. The department has relied on Axon Fleet 2 Car Cameras for several years, but these cameras are now obsolete with limited availability of replacement parts and some with expired service contracts. The proposed upgrade to Axon Fleet 3 Car Cameras represents a significant advancement, offering features such as license plate reading technology, higher resolution, zoom capabilities, and integration with Flock Safety Cameras. These enhancements are expected to greatly improve the department’s ability to monitor and respond to criminal activity effectively.

The proposed agreement, detailed in Attachment 1, spans a five-year term with a total value of $166,837.25.

The approved budget for this year covers the first year's payment. If the agreement is approved, the department will allocate funds to future annual budgets to cover the remaining payments.

Recommended Action: Approve Purchase of Axon Fleet 3 Car Cameras with Five-Year Service Agreement in the Amount of $166,837.25 for Ukiah Police Department.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 10020210.54100.18459: $32,584.37 (First annual payment.) PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: General Fund
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Police Department, Fleet Maintenance, and Information Technology

DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):GP-A6 - Safety Element

Agenda Item No: 8.e.

MEETING DATE/TIME: 8/7/2024

ITEM NO: 2024-352

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Rejecting All Bids Received for the Riverside Park Regeneration Project, Specification 24-05.

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

ATTACHMENTS:

1. Spec 24-05 Riverside Park Regeneration (2)

2. Bid Tabulation
Summary: Council will consider rejecting all bids on the contract for the Riverside Park Regeneration Project, Specification 24-05.

Background: On May 15, 2024, the Ukiah City Council approved the plans and specifications for the Riverside Park Regeneration Project, Specification 24-05, and directed Staff to advertise bids.

Discussion: On June 11, 2024, the bid was released for Spec 24-05 Riverside Park Regeneration. Please see Attachment 1 for a copy of the finalized bid specifications. The bid notice was distributed to the Builder's Exchanges, as well as contractors on the Qualified Bidder's list and posted to Bidnet Direct. A mandatory prebid meeting was conducted on June 20, 2024. Bids were due and opened at 2 p.m. on July 15, 2024.

Unfortunately, the lowest bid was significantly greater than the budgeted amount for the project (see Attachment 2 for Bid Tabulation). Staff contacted the granting agency (CA Natural Resources Agency) and apprised them of the situation. Staff considered options and were unable to arrive at an adopted change of scope that would fit the budget and meet the funding agency's requirements. Staff recommends that all bids on the project be rejected. Staff will develop a revised scope of work and present it to the CA Natural Resources Agency for approval. Once a revised scope of work has been approved, Staff will bring the project back to the Council for approval. This grant-funded project is included in the adopted budget for fiscal year 24/25.

Recommended Action: Reject all bids received for the Riverside Park Regeneration, Project Specification 24-05.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 30522250.80220.18014: $805,977
PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: CA Natural Resources Agency Grant
PREVIOUS CONTRACT/PURCHASE ORDER NO.: NA
COORDINATED WITH: Mary Horger, Financial Services Manager; Myles Fisette, Purchasing Manager; Tim Eriksen, Public Works Director
DIVERSITY-EQUITY INITIATIVES (DEI): Goal 4 – Identify and actively engage underrepresented communities in which to retain, expand, develop, and implement programs.

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

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

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

RIVERSIDE PARK REGENERATION
SPECIFICATION NO. 24-05

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
300 Seminary Avenue
Ukiah, California 95482-5400
Mandatory Pre-Bid Meeting
10:00 a.m., June 20, 2024
Riverside Park
1281 East Gobbi Street
Ukiah CA 95482
Bids Open: July 15, 2024
2:00 p.m.

Office of City Clerk
ATTACHMENT 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

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

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

CITY OF UKIAH

DEPARTMENT OF PUBLIC WORKS
JUNE 2024

RIVERSIDE PARK REGENERATION iii Spec No.24-05
REFLECTING ADDENDUM 3

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

RIVERSIDE PARK REGENERATION iv Spec No.24-05
REFLECTING ADDENDUM 3
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR ........................................................ 9 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY........................................................................ 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT.............................................................. 17 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK ................................................................................................... 17 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays
9-04. Unavoidable Delays

RIVERSIDE PARK REGENERATION v Spec No.24-05
REFLECTING ADDENDUM 3
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.................................................................................................. 27 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. Dust Control
12-14. Noise Control
12-15. Watering
12-16. Preconstruction Conference
12-17. Progress Schedule
12-18. Progress Meetings
12-19. Safety Requirements
12-20. Public Notification
SECTION 13. CONSTRUCTION DETAILS................................................................................................. 32 Standard Plan List

RIVERSIDE PARK REGENERATION vi Spec No.24-05
REFLECTING ADDENDUM 3
Organization

DIVISION I GENERAL PROVISIONS
1 General
2 Bidding
3 Contract Award and Execution
4 Scope of Work
5 Control of Work
6 Control of Materials
7 Legal Relations and Responsibility to the Public
8 Prosecution and Progress
9 Payment

DIVISION II GENERAL CONSTRUCTION
10 General
11 Welding
12 Temporary Traffic Control
13 Water Pollution Control
14 Environmental Stewardship
15 Existing Facilities
16 Temporary Facilities

DIVISION III EARTHWORK AND LANDSCAPE
17 General
18 Dust Palliative
19 Earthwork
20 Landscape
21 Erosion Control
22 Finishing Roadway

DIVISION IV SUBBASES AND BASES
23 General
24 Stabilized Soils
25 Aggregate Subbases
26 Aggregate Bases
27 Cement Treated Bases
28 Concrete Bases
29 Treated Permeable Bases
30 Reclaimed Pavement
31 Reserved
32 Reserved
33 Reserved
34 Reserved
35 Reserved

DIVISION V SURFACINGS AND PAVEMENTS
36 General
37 Bituminous Seals
38 Reserved
39 Asphalt Concrete
40 Concrete Pavement

RIVERSIDE PARK REGENERATION vii Spec No.24-05
REFLECTING ADDENDUM 3
41 Existing Concrete Pavement
42 Groove and Grind Concrete
43 Reserved
44 Reserved

DIVISION VI STRUCTURES
45 General
46 Ground Anchors and Soil Nails
47 Earth Retaining Systems
48 Temporary Structures
49 Piling
50 Prestressing Concrete
51 Concrete Structures
52 Reinforcement
53 Shotcrete
54 Waterproofing
55 Steel Structures
56 Overhead Sign Structures, Standards, and Poles
57 Wood and Plastic Lumber Structures
58 Sound Walls
59 Structural Steel Coatings
60 Existing Structures

DIVISION VII DRAINAGE
61 General
62 Reserved
63 Reserved
64 Plastic Pipe
65 Concrete Pipe
66 Corrugated Metal Pipe
67 Structural Plate Culverts
68 Subsurface Drains
69 Overside Drains
70 Miscellaneous Drainage Facilities
71 Existing Drainage Facilities

DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 Slope Protection
73 Concrete Curbs and Sidewalks
74 Pumping Equipment and Controls
75 Miscellaneous Metals
76 Wells
77 Local Infrastructure
78 Incidental Construction
79 Reserved
80 Fences

DIVISION IX TRAFFIC CONTROL FACILITIES
81 Miscellaneous Traffic Control Devices
82 Signs and Markers
83 Railings and Barriers
84 Markings

RIVERSIDE PARK REGENERATION viii Spec No.24-05
REFLECTING ADDENDUM 3
85 Reserved

DIVISION X ELECTRICAL WORK
86 General
87 Electrical Systems
88 Reserved – Undergrounding

DIVISION XI MATERIALS
89 Aggregate
90 Concrete
91 Paint
92 Asphalt Binders
93 Reserved
94 Asphaltic Emulsions
95 Epoxy
96 Geosynthetics
97 Reserved
98 Reserved

DIVISION XII BUILDING CONSTRUCTION
99 Building Construction
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS................................................................. 73 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS.................................................................... 73 15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST...................................................................................................................... 74 PROPOSAL ............................................................................................................................................ 75 BIDDING SCHEDULE................................................................................................................................... 76 FAIR EMPLOYMENT PRACTICES CERTIFICATION ................................................................................. 80 WORKER'S COMPENSATION CERTIFICATE............................................................................................ 81 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT................................................................... 82 LIST OF PROPOSED SUBCONTRACTORS............................................................................................... 83 STATEMENT OF EXPERIENCE OF BIDDER ............................................................................................. 84 SIGNATURE OF BIDDER............................................................................................................................. 85 BIDDER'S BOND .......................................................................................................................................... 86 NON-COLLUSION AFFIDAVIT..................................................................................................................... 87

RIVERSIDE PARK REGENERATION ix Spec No.24-05
REFLECTING ADDENDUM 3
AGREEMENT 88
INDEMNIFICATION AGREEMENT……………………………………………………………………………... 92

EXAMPLE BOND FORMS.......................................................................................................................... 93 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND .......... 98 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND .............................................. 99

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX 1: SWPPP
APPENDIX 2: AQUATIC RESPOURCES DELINEATION REPORT
APPENDIX 3: HABITAT ASSESSMENT REPORT
APPENDIX 4: SOIL SAMPLING REPORT 1
APPENDIX 5: IS/MND & NOC
APPENDIX 6: SOIL SAMPLING REPORT – Both Events

RIVERSIDE PARK REGENERATION x Spec No.24-05
REFLECTING ADDENDUM 3

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

RIVERSIDE PARK REGENERATION
SPECIFICATION NO. 24-05
NOTICE IS HEREBY GIVEN that sealed standard proposals for RIVERSIDE PARK REGENERATION will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on July 15, 2024, at which time, or as soon thereafter as possible, they will be publicly opened and read.

Bids shall be addressed to the City Clerk and shall be endorsed “RIVERSIDE PARK REGENERATION.” Bids are required for the entire work described herein. No fax bids will be accepted.

ENGINEER'S ESTIMATE OF QUANTITIES
Item
No.

Description Quantity Unit of
Measure
1 Mobilization, Demobilization, and Final Cleanup 1 LS
2 Storm Water Pollution Prevention Plan (SWPPP) 1 LS
3 Storm Water Sampling and Analysis 1 EA
4 Temporary Water Pollution Control Measures 1 LS
5 Progress Schedule (Critical Path Method) 1 LS
6 Construction Area Signs 1 LS
7 Construction Survey 1 LS
8 Remove Debris Material 18,200 CY
9 Clearing and Grubbing 1 LS
10 Remove Tree and Stump 3 EA
11 Soil Export (Contaminated Soil) 1 LS
12 Tree Protection 1 LS
13 Grading 25,000 CY
14 Bentonite 552 CY
15 Soil Amendment Placement 249,480 SF
16 Basalt Chip 28 CY
17 Planting 1 EA
18 Hydroseed (seed is owner provided, contractor to pick up seed in Colusa, CA)
255,262 SF
19 Irrigation Allowance 1 LS
20 Plant Establishment Work 1 LS

BID ALTERNATES
Item
No.

Description Quantity Unit of
Measure
A1 Boulder Placement 9 EA
A2 Planting 1 EA

RIVERSIDE PARK REGENERATION xi Spec No.24
-05
REFLECTING ADDENDUM 3

RIVERSIDE PARK REGENERATION xii Spec No.24-05
REFLECTING ADDENDUM 3
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Myles Fisette, Purchasing Manager at (707) 463-6225 or by email at [email protected].

A MANDATORY PRE-BID MEETING will be held at 10:00 a.m., June 20, 2024, at 1281 East Gobbi Street, 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 responsible bidder and which it deems in the best interest of the City to accept. The City Council also reserves the right, but not the obligation, to waive any irregularity or failure to strictly comply with the bidding requirements, that the City determines in the reasonable exercise of its discretion does not provide the bidder with a competitive advantage over other bidders.

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

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

Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: JUNE 18, 2024

RIVERSIDE PARK REGENERATION 1 Spec No.24-05
REFLECTING ADDENDUM 3

INSTRUCTIONS TO BIDDERS
RIVERSIDE PARK REGENERATION 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 180 working days. The Contractor will pay to the City the sum of five thousand ($5000.00) dollars per day for each and every calendar day delay beyond the time prescribed.

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

All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening.

The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest.

Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. Bidders shall thoroughly examine and be familiar with the Plans and Special Provisions. The failure of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit the site and acquaint himself with conditions there existing, shall in

RIVERSIDE PARK REGENERATION 2 Spec No.24-05
REFLECTING ADDENDUM 3
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:

Myles Fisette, Purchasing 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 at Riverside Park, 1281 E. Gobbi Street.

RIVERSIDE PARK REGENERATION 3 Spec No.24-05
REFLECTING ADDENDUM 3

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

RIVERSIDE PARK REGENERATION 4 Spec No.24-05
REFLECTING ADDENDUM 3
character, quality and requirements of all Plans, Special Provisions, Standard Specifications, and Standard Plans involved.
1-03. Proposal. Bids shall be made on the blank forms prepared by the City. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address. If the bid is made by an individual or partner, his or her name and the post office address of his or her 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.

RIVERSIDE PARK REGENERATION 5 Spec No.24-05
REFLECTING ADDENDUM 3
1-09. Identification of Subcontractors. All bids shall comply with the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100 and following) and shall set forth:
(a) The name and the location of the place of business of each subcontractor who will perform work or labor, or render service to the prime contractor in or about the construction of the work, or to a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work according to detailed drawings contained in the plans and Special Provisions, in an amount in excess of one-half of 1 percent of the prime contractor's total bid.
(b) The portion of the work which will be done by each such subcontractor. The prime contractor shall list only one subcontractor for each such portion defined by the prime contractor in his or her bid. 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 awarded, will be to the lowest responsible base bid which 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.

RIVERSIDE PARK REGENERATION 6 Spec No.24-05
REFLECTING ADDENDUM 3
3-03. Extra Work. If extra work orders are given in accordance with provisions of this contract, such work shall be considered a part hereof and shall be subject to each and all of its terms and requirements. 3-04. Assignment of Contract. The contract may be assigned or sublet in whole or in part only upon the written consent of the City acting through its authorized agents. Consent will not be given to any proposed assignment which would relieve the original contractor or its surety of their responsibilities under the contract nor will the Engineer consent to any assignment of a part of the work under the contract. 3-05. Subcontractors. The Contractor shall be as fully responsible for the acts and omissions of his or her subcontractors and of persons either directly or indirectly employed by them, as he or she is for the acts and omissions of persons directly employed by him.

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

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

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4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof.
4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made.
4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

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.

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

1. The City, its officers, officials, employees and volunteers are to be covered as Additional Insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy.

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

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.

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

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

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

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

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

Should the Contractor, his or her agents, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the Contractor shall promptly substitute other articles, materials or appliance, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made. 6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract

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Documents have been executed and insurance certificates and endorsements have been approved by the City.
6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc. 6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof.
6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor.
6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract. 6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to

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be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

Any difference or conflict which may arise between the Contractor and other contractors, or between the contractor and workmen of the City in regard to their work shall be adjusted and determined by the Engineer.

If the work of the Contractor is delayed because of any acts or omissions of any other contractor or of the City, the Contractor shall on that account have no claim against the City other than for an extension of time. 6-19. Right of Contractor to Stop Work. Under the following conditions the Contractor shall have the right, if he or she so desires, to stop the work and terminate the contract upon ten (10) days written notice to the Engineer and recover from the City payment for all work actually performed and for all satisfactory materials actually delivered to the site of the work for permanent incorporation therein, all as may be shown by the estimate of the Engineer.
(1) If the work is stopped under an order of any court or other competent public authority for a period of time of three (3) months through no act or fault of the Contractor or of anyone employed by him.
(2) If the Engineer fails to issue the monthly certificate for payment in accordance with the terms of this contract.
(3) If the City fails to pay the Contractor within sixty (60) days after it shall have become due, as provided by the terms of this contract, any sum certified by the Engineer or awarded by the City.

All provided that if such action to terminate the contract be not instituted by the Contractor within ten (10) days after the alleged existence of such condition and if written notice of such action be not at that time delivered to the City and the Engineer, then such right shall lapse until another occasion arises according to this section. 6-20. Hiring and Dismissal of Employees. The Contractor shall employ only such foremen, mechanics and laborers as are competent and skilled in their respective lines of work and whenever the Engineer shall notify the Contractor that any person on the work is, in his or her opinion, incompetent, unfaithful, intemperate or disorderly, or refuses to carry out the provisions of this contract, or uses threatening or abusive language to any person on the work representing the City, or is otherwise unsatisfactory, such person shall be discharged immediately.
mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

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

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

In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor.

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3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

4. City will not recognize any claim for additional compensation because the Contractor has paid any rate in excess of the prevailing wage rate obtained by the Contractor. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his or her bid and will not in any circumstances be considered as the basis for a claim against the City.

5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE. Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

Contractor shall make travel and subsistence payments to each workman needed to execute the work in accordance with the requirements in Section 1773.8 of the Labor Code (Chapter 880, Statutes of 1968).

7. Apprentices.

Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Contractor and any subcontractor under him or her shall comply with the requirements of said sections in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period.

The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

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

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

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

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

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

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection.

Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

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

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements.
7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and benchmarks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in

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the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable. 7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

The order of such additions, omissions, corrections, alterations and modifications shall be in writing and signed by the Engineer and, in order, shall then be binding upon the Contractor. The Contractor shall proceed with the work as changed and the value of such change shall be determined as provided for in section 10-07 of these Special Provisions.

Such alterations shall in no way affect, vitiate, or make void this contract or any part thereof, except that which is necessarily affected by such alterations and is clearly the evident intention of the parties to this contract. 7-07. Additional Drawings by City. The drawings made a part of this contract at the time of its execution are intended to be fairly comprehensive and to indicate in more or less detail the scope of the work. In addition to these drawings, however, the Engineer shall furnish such additional drawings from time to time during the progress of the work as are necessary to make clear or to define in greater detail the intent of the Special Provisions and the contract drawings and the Contractor shall make his or her work conform to all such drawings.
7-08. Additional and Emergency Protection. Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by the processes of construction on account of such neglect and whenever, in the opinion of the Engineer, an emergency shall arise and immediate action shall be considered necessary in order to protect public or private, personal or property interest, then and in that event, the Engineer, with or without notice to the Contractor may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.

The cost and expense of such work and material so furnished shall be borne by the Contractor and, if the same shall not be paid on presentation of the bills therefor, then such costs shall be deducted from any amounts due or to become due the Contractor.

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

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit.

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7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below.
7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:

1. Stop work as specified in the notice.

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

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

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

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

6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.” Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:

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

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

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

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

SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved. Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk. After approval of equipment or material, the Contractor shall not deviate in any way from the design and specifications given without the written consent of the Engineer.

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

All samples shall be submitted before shipment and in ample time to permit the making of proper tests, analyses, or examination before the time at which it is desired to incorporate the material into the work. All

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tests of materials furnished by the Contractor shall be made by the Engineer. Samples shall be secured and tested whenever necessary to determine the quality of the material.

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

Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work. 9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby.
9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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

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

It is understood, however, that night work may be established as a regular procedure by the Contractor if he or she first obtains the written permission of the Engineer and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate force and equipment for reasonable prosecution and to justify inspection of the work.
9-09. Hours of Labor. Eight (8) hours of labor shall constitute a legal day's work and the Contractor or any subcontractor shall not require or permit more than eight hours of labor in a day from any person employed by him or her in the performance of the work under this contract, unless paying compensation for all hours worked in excess of eight (8) hours per day at not less than 1½ times the basic rate of pay. The Contractor shall forfeit to the City, as a penalty, the sum of twenty-five dollars ($25.00) for each workman employed in the execution of the contract by him or her or by any subcontractor, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of Section 1810 to 1816, inclusive, (Article 3, Chapter 1, Part 7, Division 2) of the Labor Code of the State of California and any acts amendatory thereof.

SECTION 10. PAYMENT
10-01. Certification by Engineer. All payments under this contract shall be made upon the presentation of certificates in writing from the Engineer and shall show that the work covered by the payments has been done and the payments thereof are due in accordance with this contract. 10-02. Progress Estimates and Payment. The Engineer shall, within the first seven (7) days of each month, make an estimate of the value of the work performed in accordance with this contract during the previous calendar month.

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

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

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

Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California.

Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation. (g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association.
(i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).

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(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States. Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

2. The securities shall be deposited with City or with any commercial bank as escrow agent, who shall arrange for transfer of such securities to the Contractor upon satisfactory completion of the contract. Any interest accrued or paid on such securities shall belong to the Contractor and shall be paid upon satisfactory completion of the contract.

The market value of the securities deposited shall at all times be maintained in an amount at least equal, in the sole judgment of City, to the moneys to be withheld pursuant to the Contract Documents to ensure performance of the Contract. In order to comply with this condition, Contractor shall deposit additional securities as necessary upon request by City or the escrow agent.

3. Upon acceptance of any Proposal that includes substituting securities for amounts withheld to ensure performance, a separate escrow agreement satisfactory in form and substance to City shall be prepared and executed by City, the Contractor and the escrow agent, which may be City. The escrow agreement shall specify, among other matters, value of securities to be deposited; procedures for valuing the securities and for adding or withdrawing securities to maintain the market value of the deposited securities at least equal to the amount of moneys which would otherwise be withheld; the terms and conditions of conversion to cash in case of the default by the Contractor; and terms, conditions and procedure for termination of the escrow. City shall have no obligation to enter any such Agreement that does not provide the City with the unilateral right to convert securities to cash and to gain immediate possession of the cash. 10-04. Acceptance. The work must be accepted by vote of the City Council of the City of Ukiah when the whole shall have been completed satisfactorily. The Contractor shall notify the Engineer, in writing, of the completion of the work, whereupon the Engineer shall promptly, by personal inspection, satisfy himself as to the actual completion of the work in accordance with the terms of the contract and shall thereupon recommend acceptance by the City Council.
10-05. Final Estimate and Payment. The Engineer shall, as soon as practicable after the final acceptance of the work done under this contract, make a final estimate of the amount of work done thereunder and the value thereof.

Such final estimate shall be signed by the Engineer, and after approval, the City shall pay or cause to be paid to the Contractor, in the manner provided by law, the entire sum so found to be due hereunder, after deducting therefrom all previous payments and such other lawful amounts as the terms of this contract prescribe.

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.
10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

The date of payment of any estimate shall be considered the day on which the payment is offered or mailed as evidenced by the records of the Treasurer of the City. If interest shall become due on any delayed payment, the amount thereof, as determined by the City, shall be added to a succeeding payment. If the interest shall

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

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

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

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

Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.05 "Changes and Extra Work", and Section 9-1.04,"Force Account" of the Standard Specifications.

This method of determining the price of work shall not apply to the performance of any work which is required or reasonably implied to be performed or furnished under this contract. 10-09. Compensation to the City for Extension of Time. In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right as provided hereinabove, to extend the time of completion thereof. If the time limit be so extended, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final unavoidable delays shall not be included in such charges.
10-10. Liquidated Damages for Delay. It is agreed by the parties to the contract that time is of the essence and that, in case all the work is not completed before or upon the expiration of the time limit as set forth, damage, other than those cost items identified in section 10-09, will be sustained by the City and that it is and will be impracticable to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five thousand dollars ($5000.00) per day for each and every calendar day's delay beyond the time prescribed.

In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in

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the sum of $250 per day of delay in excess of the time specified for the completion of the work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection.

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

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

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District. Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

Specifications
Drawings
Clarifications (Requests for Information)
Schedules

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

D. City’s Response. Upon receipt of a claim pursuant to this Article, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.

If the City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City’s governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City’s governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

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

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

F. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced.

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

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

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

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

If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

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

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

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

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11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

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

The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the Contractor and all of the rights and remedies available to the City thereunder, shall be in addition to and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guaranty, or by other provisions of the contract documents and the provisions of this paragraph shall be as effective as if repeated specifically in the contract documents in connection with each particular duty, obligation, right and remedy to which they apply. All warranties and guaranties made in the contract document shall survive final payment and termination or completion of this contract. The City disclaims an express or implied warranty that the plans and specifications identify all site conditions that could affect the time or cost to complete the Work.
11-05. Waiver. The Contractor shall strictly comply with all notices and other contract requirements. Waiver by the City of any failure of the Contractor to comply with any term of the contract, including the notice provisions, shall not be deemed a waiver of a subsequent breach.

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TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. The work involves construction of seasonal wetlands at 1281 East Gobbi Street in Ukiah, California within Riverside Park. The tasks include but are not limited to clearing and grubbing, maintenance of SWPPP, installation of stormwater BMP’s, monitoring and maintenance of erosion control measures, removal and off haul of existing concrete/asphalt debris, grading and contouring to create wetlands, confirmation of final grades, new gravel paths, planting and irrigation, maintenance of planting and irrigation.

The Contractor should familiarize himself with the local conditions of the project sites. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Myles Fisette at (707) 463-6225.
12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

The following sections of the Technical Specifications are included in the Contract documents Section 02100 Demolition
Section 02230 Site Clearing
Section 02260 Landscape Grading
Section 02300 Earthworks
Section 02315 Wetland Grading
Section 02811 Irrigation
Section 02905-Landscape Installation
Section 02950.10 Hydroseed
Section 02970 - Landscape Maintenance12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in on the Plans. The Plans consist of one hundred and seven (107) sheets numbered 1 through 107 and they are hereby made a part of the Contract Documents. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work.

The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation 2018, are hereby made a part of these special provisions, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." These special provisions specify the qualitative technical requirements of the project.

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Whenever in the Standard Specifications and the Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - Caltrans
Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.

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

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

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

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

1. (City) Special Provisions

2. (City) Project Plans

5. Technical Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work. 12-08. Public Convenience and Safety. Attention is directed to Section 7-1.03, "Public Convenience," 7-

1.04, "Public Safety" of the Standard Specifications. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety," 12-1.01, “General,” and 12-3," Temporary Traffic Control Devices," of the Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. The Contractor shall provide temporary pavement, trench plates and any other methods shall be utilized to allow for a normal driver experience. The Contractor shall provide all applicable signage through the work zone to inform the public of the condition of the roadway through the site. During work hours public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Access to abutting property, driveways and building entrances shall be maintained during the performance of the work. The Contractor is advised that commercial and residential businesses immediately abut the Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting property owners or managers of the businesses at least 5 business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations. The Contractor shall maintain safe and accessible (ADA compliant) walkways to all business entrances within the Project Area for the duration of the project. Under no circumstances shall access to any

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business be blocked or closed without the written approval of the City and written consent of the business owner.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement.

The Contractor’s attention is also directed to Section 13, “Water Pollution Control,” of the Standard Specifications and to Section 13-3, “Storm Water Pollution Prevention Plan”, of the Standard Specifications concerning the requirement for submittal to the Engineer for approval of a Storm Water Pollution Prevention Plan (SWPPP) for the control of pollution to adjacent drainage courses during the construction of the project.

Said SWPPP shall include the erosion control provisions required by Section 13, “Water Pollution Control”, of the Construction Details.
12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one (1) year from the date of final acceptance, except where longer warranties are specified herein. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period.
12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary. 12-13. Dust Control. Dust control shall conform to the provisions of Section 18 “Dust Palliatives” of the Standard Specifications.

Dust shall be managed all active construction areas by water at least twice daily and more often during hot or windy periods or use of a dust palliative. The active construction areas adjacent to businesses and residential areas shall be kept damp at all times. Hauling trucks shall be covered and at least a two-foot freeboard shall be maintained.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved with hot mix asphalt or have a stabilized access in accordance with the details of TC-1, “Stabilized Construction Entrance/Exit,” of the Caltrans Construction Site Best Management Practices Manual or Standard Plan T58. Unpaved construction staging areas shall receive the application of either water twice daily or a dust palliative. All paved roads, parking areas, staging areas, storage areas, and public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

The Contractor shall enclose, cover, or water twice daily or apply non-toxic soil stabilizers or install erosion control blankets to or on exposed stockpiles, embankment slopes, and cut slopes.

Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph 12-14. Noise Control. The Contractor’s attention is directed to the provisions of Section 14-8.02, “Noise Control", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days.

Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.

The Contractor shall notify all residents, businesses and property owners within a 500-foot radius of the construction site about the proposed construction schedule. The notification shall be in writing and it shall be developed by the Contractor and submitted to the City for approval a minimum of 5 working days prior to the proposed public notification.

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The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents.

The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
12-15. Watering. The application of water shall be performed in accordance with the provisions of Section 18, “Dust Palliatives,” of the Standard Specifications except as modified by these Special Provisions. The Contractor is advised that water may be obtained from fire hydrants within the Project Area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. 12-16. Preconstruction Conference. A preconstruction conference shall be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications. Critical Path Method (CPM) schedules shall be prepared using Microsoft Project software, or an equivalent software application approved by the Engineer. After baseline schedule is accepted by the Engineer, Contractor shall update and submit the CPM schedule to Engineer for review every 2 calendar weeks. 12-18. Progress Meetings. The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes.
12-19. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 12-20. Public Notification. The Contractor shall be responsible for all public notification regarding construction work, including detours, lane and street closures, hours of operations, and notification of effected commercial businesses and residences within 1000 feet of the construction. For any business impacted by construction, the Contractor shall provide adequate sized on-site signage indicating that businesses are open during construction. The Contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District, Ukiah Municipal Airport. At a minimum, Main Street, State Street, School Street, Perkins Street, and Gobbi Street will be affected by potential detours and street closures, with recommended alternate routes of travel. Access will be restricted to businesses and residents only during construction closures. Location of street closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one (1) calendar week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of intersections

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shall be noted. The Contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

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SECTION 13 - CONSTRUCTION DETAILS

STANDARD PLAN LIST
The following Standard Plans are incorporated by reference:

NOT USED

ORGANIZATION
Special provisions are under headings that correspond with the main-section headings of the Standard Specifications. A main-section heading is a heading shown in the table of contents of the Standard Specifications.

Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications as revised by any revised standard specification.

Any paragraph added or deleted by a revision clause does not change the paragraph numbering of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION I GENERAL PROVISIONS
1 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
2 BIDDING
Add to section 2-1.06B:

The City makes the following supplemental project information available:

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Supplemental Project Information
Means Description
Included in the Information Handout
Available as specified in the Standard
Specifications
Included with the project plans
Available for inspection at the Transportation
Laboratory
Available for inspection at the District Office
Telephone no.: _____
Available for inspection at:

City of Ukiah Public Works Dept.

Telephone no.: (707) 463-6755
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
3 CONTRACT AWARD AND EXECUTION
Add to section 3-1.06:

The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
4 SCOPE OF WORK
Replace section 4-1.03 with:

The work involves construction of seasonal wetlands at 1281 East Gobbi Street in Ukiah, California within Riverside Park. The tasks include but are not limited to clearing and grubbing, maintenance of SWPPP, installation of stormwater BMP’s, monitoring and maintenance of erosion control measures, removal and off haul of existing concrete/asphalt debris, grading and contouring to create wetlands, confirmation of final grades, new gravel paths, planting and irrigation, maintenance of planting and irrigation. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add to section 5-1.20A:

During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:

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Coincident or Adjacent Contracts
City Contract no. City–Route–Post Mile Location Type of work Replace section 5-1.26 with:

Construction surveying including horizontal and vertical control and construction staking shall be the responsibility of the Contractor. Vertical and horizontal control is to be established from the existing Control Points established by the City and shown on the Plans. Vertical Control Points are shown on the Plans.

Prior to the start of excavation work, the Contractor will be required to pothole existing utilities and other underground piping for the purpose of verifying location and depth a minimum of five (5) working days in advance of excavation. The limited utility information indicated on the Plans reflects a baseline sampling of potential utility conflicts identified during the design of the project. The Contractor is responsible for potholing at these locations at a minimum. Additional utility location efforts may be required by the Contractor to positively locate all utilities impacted by the project. As a part of the Work, the Contractor will be responsible for performing all survey and construction layout work and performing testing and quality control work.

Add to section 5-1.36A:

All temporary facilities are the responsibility of the Contractor and the removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the installation and removal of the Contractor’s temporary facilities.

The City will not arrange temporary water, sewer or electrical services for construction. It is the Contractor's sole responsibility to arrange such services as necessary with the applicable utility provider(s). ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
6 CONTROL OF MATERIALS
Add to section 6-2.01A:

The Contractor shall be responsible for controlling the quality of the materials incorporated into the work and of the work performed. The City shall perform material sampling and testing to verify the work meets the specified quality requirements (Quality Assurance). The City will perform soil and aggregate sampling and testing using an independent testing laboratory firm licensed to perform such tests. Other required sampling and testing may be performed by the City’s independent laboratory certified to perform the type of sampling and testing assigned to or requested of them. Should any City performed test result indicate a non-compliance with the requirements of the Contract Documents, the Contractor shall remove and reconstruct or rework the non-complying portion of work at no additional cost to the City. All reconstructed and reworked items of work shall be tested at the Contractor’s expense in the same manner as required for the initial work at no additional cost to the City. Prior to any removal, reconstruction or rework of any work item already incorporated into the project, the Contractor shall first obtain the approval of the Engineer as to the Contractor’s proposed methods for removal, reconstruction or rework.

Examples of Quality Control material tests required by the Contractor on this project include, but are not limited to, compaction and gradation of aggregate base, Portland cement concrete and hot mix asphalt, compaction on roadway subgrade, and gradation & durability on aggregate materials.

The City reserves the right to test, at its own cost, any item of work that has been tested by the Contractor and any independent testing performed by the City shall not relieve the Contractor of his responsibility for sampling, testing, reporting and overall quality control required by the Contract Documents. Should any independent tests performed by the City indicate non-compliance with the Contract Documents, upon notice of the Engineer, the Contractor shall retest that portion of the work not in compliance to the independent test. The City will closely monitor the Contractor’s retest. Should the Contractor’s retest indicate compliance with the Contract

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Documents, the direct costs related to the retest shall be paid as extra work pursuant to the provisions provided in Section 9 of the Standard Specifications. Should the Contractor’s retest indicate non-compliance, the Contractor shall remove, reconstruct, or rework the non-complying portion of work and the cost of the replacement work and retest shall be borne by the Contractor.

The Contractor shall be responsible for all material and functional testing required for all electrical, lighting and traffic signal equipment as required by the Standard Specifications.

Full compensation for performing all sampling, testing, reporting, retesting, if required, and overall quality control shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
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7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.03:

The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic and businesses. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass through the work.

Add to section 7-1.04:

The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project.
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8 PROSECUTION AND PROGRESS
Add to section 8-1.02D(1):

Level 3 Critical Path Method (CPM) Progress schedule will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications.

After baseline schedule is accepted by the Engineer, Contractor shall update and submit CPM schedule to Engineer for review every 2 calendar weeks. Progress schedule will be paid for as described in Section 8-

1.02D(10).

Replace section 8-1.02E with:

The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes.

Replace section 8-1.03 with:

A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, work schedule, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.

Engineer will prepare and distribute an agenda for the preconstruction conference.

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Add to section 8-1.04B:

The Contractor shall obtain and pay for all permits required to complete this work except the required City of Ukiah encroachment permit for work within the City right-of-way. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager.

Replace "Reserved" in section 8-1.04C with:

Physical work on the site shall not commence until a “No Fee” encroachment permit is issued by the City of Ukiah to the Contractor.

Do not start job site activities until the City authorizes or accepts your submittal for:

1. SWPPP

2. Traffic Control Plan

3. Dust Treatment Plan (Water base per section 18 Dust Palliative of the Standard Specifications.

Submit these items, submittals for other long lead-time items, within five (5) days after Notice to Proceed has been issued.

Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:

1. Notice of Materials To Be Used form.

2. Written statement from the vendor that the order for the sign panels has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped.

3. Written statement from the vendor that the order for electrical material has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
9 PAYMENT
Add section 9-1.18:
9-1.18A Payment Item Descriptions

1. Payment for Mobilization, Demobilization and Final Cleanup will be made in two (2) equal payments at the lump sum allowance in the Bid Schedule, which price shall constitute full compensation for all such work. The scope of work for mobilization shall include, but not limited to, obtaining all bonds, insurance and permits, moving onto the site of all plant and equipment, submittal and approval of a schedule of values for lump sum items, and obtaining approval for all shop drawings and materials for signal equipment. Payment for demobilization and final cleanup shall occur when all required items per the Contract are fulfilled and the site is free of equipment and clean and ready for use by the public. The bid amount for Mobilization, Demobilization and Final Cleanup items shall not exceed 10% of the total construction contract base bid price.

2. Full compensation for implementation and maintenance of Storm Water Pollution Prevention Plan (SWPPP) and conforming to the requirements Section 13 shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the submission, approval, implementation, maintenance, revising and amending of the approved SWPPP as specified herein, including CSMRP, REAP, site inspection reports and storm water annual report, and no additional allowance will be made therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the

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Contractor fails to conform to the requirements of this section "Storm Water Pollution Prevention Plan" as determined by the Engineer.

Retentions for failure to conform to the requirements of this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for partial payment following the date that a SWPPP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer.

3. Full compensation for preparation, implementation, sampling and reporting of Storm Water Sampling and Analysis and conforming to the requirements of this section shall be paid for at the contract unit price per each, which price shall include full compensation for furnishing all labor, materials, tools and equipment for doing all work involved in the preparation, implementation, sampling and reporting of each rain event as specified herein, and no additional allowance will be made therefor.

4. Full compensation to furnish, install and maintain Temporary Water Pollution Control Measures and conforming to the requirements of this section shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in the installation, construction, maintenance, removal and disposal of water pollution control practices, including non-storm water and waste management and materials pollution and water pollution control practices, except those shown on the plans for which there is a contract item of work and excluding developing, preparing, obtaining approval of, revising, and amending the SWPPP, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional allowance will be made therefore. No adjustment of compensation will be made for any increase or decrease in the quantities of temporary water pollution control measures, regardless of the reason for the increase or decrease. The provisions in Section 9-1.06, "Changed Quantity Payment Adjustments," shall not apply to temporary water pollution control measures.

5. Full compensation for developing, updating and maintaining Progress Schedule (Critical Path Method) will be paid for at the contract lump sum price, which price shall include developing and submitting a CPM progress schedule, updating and submitting the schedule every 2 calendar weeks, and maintaining the schedule through the duration of the contract, as specified in these Construction Details, and no additional allowance will be made therefor. Payment for Progress Schedule (Critical Path Method) shall be as follows:
• A total of 25 percent of the item total is paid upon completion of 5 percent of all work and acceptance of a schedule of values for each lump sum item in the bid schedule, • A total of 50 percent of the item total is paid upon completion of 25 percent of all work, • A total of 75 percent of the item total is paid upon completion of 50 percent of all work, and • A total of 100 percent of the item total is paid upon completion of all work.

6. Full compensation for furnishing, placing, maintaining, and removing the Construction Area Signs will be paid for at the contract lump sum price, which price shall include furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and installing temporary construction area signs including changeable message boards, arrow boards, temporary relocation of regulatory signs, and for erecting or placing, maintaining (including covering and uncovering as needed) and when no longer required, removing construction area signs as specified in these Construction Details, and no additional allowance will be made therefor.

7. Full compensation for Construction Survey will be measured and paid for at the contract lump sum price and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in establishing and maintaining vertical control and horizontal control, staking, and related construction surveying required to perform the Work, and no additional allowances will be made therefor.

8. Full compensation for Remove Debris Material will be measured and paid for at the contract unit price per cubic yard and shall include full compensation for furnishing all labor, materials, tools, equipment and

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incidentals for performing all work involved in the removal of debris piles, hauling and disposal of removed materials, as specified in these Construction Details and shown on the Plans, and no additional allowances will be made therefor.

9. Full compensation for Clearing and Grubbing will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in clearing and grubbing, including but not limited to tree removal, vegetation removal, traffic control, dust control, construction water, vegetation, tree and brush removal, disposal on-site approximately 150 feet south of grading limits as directed and approved by the Engineer (assume vegetation will need to be placed as directed, compacted with a tracked vehicle to a height of no more than 18” in height)hauling, disposal fees, and coordination with utilities. within the limits shown on the Plans and as specified in these Construction Details, and no additional allowances will be made therefor.

10. Full compensation for Remove Tree and Stump will be measured and paid for at the contract unit price per each, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in removing street trees, including excavation and removal and all other incidentals, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.

11. Full compensation for Export Soil (Allowance) will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as specified in the Contract Documents, and as directed and approved by the Engineer including traffic control, temporary stockpiling, additional handling, loading, trucking, dump fees.

12. Full compensation for Tree Protection will be measured and paid for at the contract unit price per lump sum, which price shall include full compensation for all labor, materials, tools and equipment and doing all the work involved in protecting trees, as shown on the Plans and specified in these Construction Details, and no additional allowances will be made therefor.

13. Full compensation for Grading will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets , and all associated section and detail plans, as directed and approved by the Engineer, including traffic control, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.

Prior to exporting soil, the Contractor shall meet with Engineer to discuss quantity of export and get authorization. Measurement shall be based on dump receipts from a landfill quantities as verified by engineer. Exporting Soil is at the Engineer’s discretion and approval. The Contractor is only entitled to compensation for this item with written authorization from the Engineer.

14. Full compensation for Bentonite will be measured and paid for on a cubic yard basis and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved, as shown on the Plans, including, but not limited to plans sheets, and all associated section and detail plans, as directed and approved by the Engineer, excavation, temporary stockpiling, placement, compaction, dust control, construction water, subgrade preparation, over excavation & recompaction, geotechnical fabrics (if applicable), and import of any select fill as necessary. Handling, stockpiling, and placing of utility trench spoils, or any other activities generating earth spoils shall be considered incidental to the item of work. Contractor shall plan finished grades accordingly to incorporate utility trench spoils, or other earth spoils into their earthwork.

15. Full compensation for Soil Amendment Placement will be measured and paid per square foot and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, and for doing