Ukiah City Council
September 18, 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/87395356652 Or you can call in using your telephone only:
• Call (toll free) 1-888-788-0099
• Enter the Access Code: 873 9535 6652
• 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.

September 18, 2024 - 5:15 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. Swearing in New Ukiah Police Officer Michael Jensen.

Recommended Action: Police Chief, Cedric Crook, will swear in the new Ukiah Police Officer, Michael Jensen.

Attachments: None

5. PETITIONS AND COMMUNICATIONS

6. APPROVAL OF MINUTES

6.a. Approval of the Minutes for the September 4, 2024, Regular Meeting.

Recommended Action: Approve the Minutes for the September 4, 2024, Regular Meeting.

Attachments:

1. 2024-09-04 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. Approve the Emergency Dispatch Services Contract between the Cities of Ukiah and Fort Bragg and Authorize the City Manager to Make any Necessary, Non-substantive Adjustments to the Agreement as Needed, to Ensure its Successful Implementation.

Recommended Action: Staff recommends that the City Council:

1. Consider and approve the agreement between the City of Ukiah and the City of Fort Bragg for the provision of emergency dispatch services for the period of July 1, 2024, through June 30, 2029.

2. Authorize the City Manager to execute the agreement on behalf of the City of Ukiah, with the authority to make any necessary, non-substantive adjustments to the agreement as needed, to ensure its successful implementation.

Attachments:

1. Fort Bragg Contract 2019 - 2024

2. Fort Bragg Contract 2024 - 2029

8.b. Approval of Contact Amendment #2 in the Amount of $12,000 with Whitchurch Engineering for Additional Design Services for Tenant Improvements and Fire Damage Pertaining to the New Electric Service Center Located at 1350 Hastings Road, and Approval of Corresponding Budget Amendment.

Recommended Action: Authorize the City Manager to sign Contract Amendment #2 with Whitchurch Engineering, in the amount of $12,000, for additional design services for tenant improvements and fire damage repair pertaining to the new Electric Service Center, and approve corresponding budget amendment.

Attachments:

1. Whitchurch Engineering - Design Svcs Hastings - 2223-108 - Agreement - signed

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

3. Whitchurch Engineering Amendment #2

8.c. Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates.

Recommended Action: Review and confirm the determination of the City Manager of compliance with the provisions of the agreements between the City of Ukiah and Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. regarding the company's notice of intent to adjust curbside collection and transfer station rates.

Attachments:

1. UWS Adjustment 2025

2. SWS Adjustment 2025

3. UWS, Curbside Contract

4. SWS, Transfer Station Contract

8.d. Review Landfill Closure Financial Plan Update and Authorize the Filing of the Update.

Recommended Action: Receive and file update to the Landfill Closure Financial Plan.

Attachments:

1. 2016-03 CC Reso - Establishing Funding Closure

2. 2024 Landfill Annual Inflation Factor Form_signed

8.e. Adoption of an Ordinance Amending the Official Zoning Map and General Plan Land Use Map of the City of Ukiah by Establishing the Community Commercial (C1) Zoning District and Community Commercial (CC) Land Use Designation at 195 Low Gap Road (APN 002-080-39).

Recommended Action: Adopt an Ordinance amending the official zoning map and general plan land use map by establishing the Community Commercial (C1) zoning district and Community Commercial (CC) land use designation at 195 Low Gap Road (APN 002-080-39).

Attachments:

1. Draft Ordinance

8.f. Adoption of Ordinance Establishing Procedures for Adopting and Imposing Development Mitigation Fees on Behalf of the Ukiah Valley Fire District.

Recommended Action: Adopt the Ordinance establishing procedures for adopting and imposing development mitigation fees on behalf of the Ukiah Valley Fire District.

Attachments:

1. Fire Development Mitigation Fee Ordinance

8.g. Adoption of an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property.

Recommended Action: Adopt Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property,
Attachments:

1. Commercial Property Manager Liability Redline

2. Commercial Property Manager Liability Clean

8.h. Consider Giving Authorization of $200,000 Interfund Loan from General Fund to Golf Enterprise Fund for Recycled Water Project Phase 4, and Approve Corresponding Budget Amendments.

Recommended Action: Authorize the interfund loan, not to exceed $200,000, from the General Fund to the Golf Enterprise Fund for the installation of recycled water distribution equipment and main line to the gravity-fed portion of the Ukiah Valley Golf Course related to the Recycled Water Project Phase 4, and approve corresponding budget amendments.

Attachments:

1. Resolution 2024-____, GF - Golf, 9-18-24

2. LAIF Daily Rate

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 (5:30 PM)

13. UNFINISHED BUSINESS

13.a. Receive Report Regarding FEMA's Response and Updated FEMA Floodplain Maps to the City of Ukiah's March 2023 Appeal; Authorize the City Manager to Develop and Submit a Second Appeal; and Take Any Other Action Deemed Necessary.

Recommended Action: 1. Receive report regarding FEMA's most recent response and updated FEMA floodplain maps to the City's 2023 appeal letter, and authorize the City Manager to develop and submit a second appeal.

2. Consider and take any other action deemed necessary.

Attachments:

1. Existing FEMA Floodplain

2. FEMA New Floodplains Proposal 2022

3. L.Huffman re FEMA_031523

14. NEW BUSINESS

14.a. Receive Report of the Completed Local Road Safety/Action Plan Completed by the Consultant TJKM.

Recommended Action: Receive report of the completed Local Road Safety/Action Plan completed by the consultant TJKM.

Attachments:

1. F08152024 Ukiah LRSAP Final Report_Amended (002)

14.b. Receive Presentation Regarding City of Ukiah Housing Trust Fund 2024 Notice of Funding Availability Process, Authorize City Manager to Negotiate and Execute an Exclusive Negotiating Agreement with PEP Housing, and Approve Corresponding Budget Amendments.

Recommended Action: Receive presentation regarding City of Ukiah Housing Trust Fund 2024 Notice of Funding Availability process; authorize City Manager to negotiate and execute an Exclusive Negotiating Agreement with PEP Housing; and Approve Corresponding Budget Amendments.

Attachments:

1. UHTF-2024-NOFA

2. Addendum1_2024-HTF-NOFA

3. Response1_PEP_Housing_AppForm

4. Response2_RCHDC_AppForm

14.c. Discussion and Possible Action to Determine the City’s Position on the 2024 Resolution being Considered by the League of California Cities, and Provide Corresponding Voting Instructions to the City of Ukiah’s Voting Delegate.

Recommended Action: Staff recommends that the Council provide direction to the voting delegate on the attached League of California Cities Resolution. The City can choose to support, oppose or abstain.

Attachments:

1. 2024 Annual League Resolution Packet

14.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).

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

Attachments:

1. 2024 City Council Special Assignments and Ad Hocs

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

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

15.b. Conference with Legal Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)

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

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

15.f. 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.g. 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.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

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/CPMC
Dated: 9/13/24

Agenda Item No: 4.a.

MEETING DATE/TIME: 9/18/2024

ITEM NO: 2024-537

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

DEPARTMENT: Human Resources /
Risk Management PREPARED BY: Tim Mitchell, H.R./Risk Manager 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.

Once each quarter, nominations are considered from the categories of field crews, public safety, and administration.

Discussion: The recipients of the Exceptional Employee program for the third quarter of 2024 are as follows:

Adam Elledge, Police Officer, Police Department: Officer Elledge has been serving the Ukiah community as a Police Officer for over seven years and is an integral part of his Department. For the last four years, Officer Elledge has been in a Detective role and has worked tirelessly to investigate and ensure the successful prosecution of suspects involved in a wide range of crimes. Some notable cases include the arrest and conviction of persons for homicide, shootings, violent assault, crimes against children, and burglary, among many others.

Officer Elledge has volunteered many times during his career to take on additional responsibilities, including becoming a Field Training Officer and Firearms Instructor. As a Field Training Officer, he has invested a great deal of effort in ensuring that our new Officers receive the knowledge and skills necessary to serve our community safely and to the best of their ability. This assignment is crucial in securing the future success of our agency, and in turn quality service for our community.

Officer Elledge regularly seeks to innovate and enhance the services that we provide. Recently, he successfully developed and aided in the implementation of a less lethal force option program. This will add another tool to help us take dangerous subjects into custody with a lower risk of serious injury or death.

Tommy Kita, Utility Services Team Leader, Finance Department: Tommy exemplifies compassion and dedication in his service to the City of Ukiah. In June, while on his route, Tommy encountered an elderly homeowner facing electrical issues that impacted essential functions in his home. Although the problem wasn't on the City's end, and the homeowner couldn't afford an electrician, Tommy didn’t stop there. He explored various City's programs, and even when they weren’t applicable, found a USDA-funded solution. Tommy personally delivered the necessary application materials to the resident, ensuring he had the

support he needed. Tommy's commitment truly goes above and beyond his regular duties.

Jim Robbins, Housing and Grants Manager, Community Development Department: For the last approximately 27 months, Jim has led the development and conceptualization of the City's Broadband Project. Although tangentially related to grants, Jim had no prior technical knowledge or skills in this area. Jim took the initiative to develop an application for construction of a Citywide public broadband enterprise from just an idea into a full concept and design, and submitted this project to the CPUC for funding. Due to Jim's efforts, on August 8th, we learned the City had been awarded $5.6 million for Phase 1 of a fiber-optic network. Jim saw a need and innovated/managed multiple parties and people to make what was once a dream into a reality.

Lauren Ruffin, Payroll Administrator, City Manager's Office and Human Resources/Payroll/Risk Management Department: Since joining us as the City’s Payroll Administrator in September 2022, Lauren has worked tirelessly to enhance our payroll processes and systems. The diverse mix of workforce functions and full-time, part-time, and seasonal positions presents unique complexities, which Lauren navigates with expertise and skill. She adeptly manages the challenges posed by multiple bargaining unit agreements, everchanging State and Federal laws, and CalPERs regulations. Her dedication to modernizing processes while ensuring accuracy and compliance exemplifies our core values. Lauren consistently goes above and beyond, demonstrating exceptional professionalism, service, and dedication.

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

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT:

PROPOSED BUDGET AMOUNT:

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):

GENERAL PLAN ELEMENTS (GP):

Agenda Item No: 4.b.

MEETING DATE/TIME: 9/18/2024

ITEM NO: 2024-604

AGENDA SUMMARY REPORT
SUBJECT: Swearing in New Ukiah Police Officer Michael Jensen.

DEPARTMENT: Police PREPARED BY: Tom Corning, Police Captain PRESENTER: Cedric Crook, Police Chief.

ATTACHMENTS:

None
Summary: Police Chief, Cedric Crook, will swear in a new Ukiah Police Officer, Michael Jensen.

Background: The Ukiah Police Department is actively looking to recruit qualified candidates and is proud to have Officer Jensen join our team. Officer Jensen is joining the Ukiah Police Department with five years of experience in law enforcement.

Discussion: Join the Ukiah Police Department in welcoming Officer Jensen to our team and to our community.

Recommended Action: Police Chief, Cedric Crook, will swear in the new Ukiah Police Officer, Michael Jensen.

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: Police Department
DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

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

AGENDA ITEM 6a

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/82680771960 Ukiah, CA 95482
September 4, 2024
5:15 p.m.

1. ROLL CALL
Ukiah City Council met at a Regular Meeting on September 4, 2024, having been legally noticed on August 30, 2024. The meeting was held in person and virtually at the following link:
https://us06web.zoom.us/j/82680771960. Mayor Dueñas called the meeting to order at 5:22 p.m.

Roll was taken with the following Councilmembers Present: Mari Rodin (arriving at 5:29 p.m.), Juan V. Orozco, Susan Sher, Douglas, F. Crane, and Josefina Dueňas. Staff Present: Sage Sangiacomo, City Manager; David Rapport, City Attorney; and Kristine Lawler, City Clerk.

MAYOR DUEÑAS PRESIDING.

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by David Rapport, City Attorney.

Councilmember Sher led a moment of silence to honor the recently departed ChonTravis, who ran for a City Councilmember seat in 2018, and was a beloved member of the community.

3. AB 2449 NOTIFICATIONS AND CONSIDERATIONS

4. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation of the Ukiah City Council Recognizing September 16-23, 2024, as Pollution Prevention Week and September 22-29, 2024, as Creek Week in the City of Ukiah.

Presenter: Councilmember Orozco.

Proclamation was received by Jessica Reid, Mendocino County Resource Conservation District. b. Proclamation of the Ukiah City Council Recognizing September as Hispanic Heritage Month in the City of Ukiah.

Presenter: Mayor Duenas.

Public Comment: Ignacio Ayala, Jackeline Orozco.

Proclamation was received by Ignacio Ayala, School of Performing Arts and Cultural Education (SPACE) Deputy Director and Latino Director.

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

City Council Minutes for September 4, 2024, Continued:

6. APPROVAL OF MINUTES
a. Approval of the Minutes for the August 21, 2024, Regular Meeting.

Motion/Second: Crane/Sher to approve Minutes of August 21, 2024, a regular meeting, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.

7. RIGHT TO APPEAL DECISION
Mayor Duenas read the right to appeal.

8. CONSENT CALENDAR
a. Report of Disbursements for the Month of July 2024 – Finance. b. Council to Consider Entering into an Agreement (2425-107) with ChargePoint for the Proposed Ukiah Electric Vehicle Charging Stations Project and Authorize City Manager to Execute the Agreement – Electric Utility.
c. Award of Purchase (PO No. 48670) of Three (3) Stryker Power Pro 2 Gurneys – Fire. d. Award of Purchase (PO No. 48671) of Three (3) Stryker MTS Power Load Systems – Fire. e. Award of Purchase (PO No. 48672) of Three (3) Lifepak 15 V4 Cardiac Monitor/Defibrillators – Fire.
f. Adoption of an Ordinance Amending Various Sections of the Ukiah City Code to Update the City’s Approval Process for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) – Community Development.

ORDINANCE NO. 1244

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING AND AMENDING

VARIOUS SECTIONS OF THE UKIAH CITY CODE REGULATING ACCESSORY DWELLING UNITS
g. Approval of Contract (2425-108) with Stone Creek Environmental Consulting for Engineering Services Related to the Municipal Separate Storm Sewer Systems Permit Issued by North Coast Regional Water Quality Control Board – Public Works. h. Receive Report of Contract (2324-104-CO1) Change Order for Gregg Simpson Construction for the Work Related to the Orr Street Bridge Project, and Approve of Corresponding Budget Amendment – Public Works.

Motion/Second: Sher/Rodin to approve Consent Calendar Items 8a-8h, as submitted. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES:

None. ABSENT: None. ABSTAIN: None.

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

10. COUNCIL REPORTS
Presenter: Councilmember Sher,

City Council Minutes for September 4, 2024, Continued:

11. CITY MANAGER/CITY CLERK REPORTS
Presenters: Sage Sangiacomo, City Manager; and
• FEMA Floodplain Update – Tim Eriksen, Public Works Director / City Engineer.

RECESS: 5:52 – 5:59 P.M. to address technical difficulties. • FEMA Floodplain Update, continued – Tim Eriksen, Public Works Director / City Engineer. • Construction Update – Tim Eriksen, Public Works Director / City Engineer. • Palace Hotel Update – Shannon Riley, Deputy City Manager.

12. PUBLIC HEARINGS (6:15 PM)
a. Possible Introduction by Title Only of an Ordinance to Approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from Low-Density Residential (R1) to Community Commercial (C1), to Allow for Tenant Improvements to an Existing Structure for Use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265.

Presenter: Jesse Davis, Chief Planning Manager.

PUBLIC HEARING OPENED AT 6:36 P.M.

Public Comment: Ed Eversole (applicant).

PUBLIC HEARING CLOSED AT 6:41 P.M.

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

None. ABSTAIN: None.

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

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL AMENDING THE OFFICIAL ZONING

MAP AND GENERAL PLAN LAND USE MAP BY ESTABLISHING THE COMMUNITY COMMERCIAL (C1) ZONING DISTRICT AND COMMUNITY COMMERCIAL (CC) LAND USE DESIGNATION AT 195 LOW GAP ROAD (APN 002-080-39).

Motion/Second: Crane/Rodin to introduce the Ordinance to approve a General Plan Amendment from Low-Density Residential (LDR) to Community Commercial (CC) and a Rezone from LowDensity Residential (R1) to Community Commercial (C1) to allow for tenant improvements to an existing structure for use as a ‘Professional Office’ at 195 Low Gap Road (APN 002-080-39); File No. 24-9265. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
b. Proposed Sewer Rate Adjustments for Fiscal Year 2024-2025: Public Hearing and Consideration for Adoption.

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

PUBLIC HEARING OPENED AT 7:27 P.M.

No public comment was received.

PUBLIC HEARING CLOSED AT 7:28 P.M.

City Council Minutes for September 4, 2024, Continued:

Motion/Second: Rodin/Crane to approve the proposed sewer rate adjustments effective October 1, 2024, as outlined in the 2024 Sewer Financial Plan (Sewer Rate Study). Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, and Crane. NOES: None. ABSENT: None.

ABSTAIN: Dueňas.

NOTE: 34 protest letters were received.

13. UNFINISHED BUSINESS

14. NEW BUSINESS
a. Possible Introduction, by Title Only, of Ordinance Establishing Procedures for Adopting and Imposing Development Mitigation Fees on behalf of the Ukiah Valley Fire District.

Presenter: Darcy Vaughn, Assistant City Attorney.

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

None. ABSTAIN: None.

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

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AND IMPLEMENTING A FIRE DISTRICT DEVELOPMENT MITIGATION FEE.

Motion/Second: Rodin/Crane to introduce the Ordinance establishing procedures for adopting and imposing development mitigation fees on behalf of the Ukiah Valley Fire District. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None.

ABSENT: None. ABSTAIN: None.
b. Possible Introduction, by Title Only, of an Ordinance Amending Chapter 11, Division 3 of the City Code to Require the Manager of a Private, Commercially-Zoned Property to Abate Nuisance Conditions on the Property.

Presenter: Darcy Vaughn, Assistant City Attorney.

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

None. ABSTAIN: None.

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

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 11, DIVISION 3 OF THE CITY CODE TO REQUIRE THE MANAGER OF A PRIVATE,

COMMERCIALLY-ZONED PROPERTY TO ABATE NUISANCE CONDITIONS ON THE PROPERTY.

Motion/Second: Sher/Rodin to introduce the Ordinance amending Chapter 11, Division 3 of the City Code to require the manager of a private, commercially-zoned property to abate nuisance conditions on the property. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None. ABSENT: None. ABSTAIN: None.
c. Award of Contract with BKF Traffic Engineers for Design and Engineering Services Related to a Roundabout Design at Low Gap Road and North Bush Street, and Approve Corresponding Budget Amendment.

Presenter: Tim Eriksen, Public Works Director/City Engineer.

City Council Minutes for September 4, 2024, Continued:

Motion/Second: Crane/Rodin to approve of contract (2425-109) award to BKF Traffic Engineers in the amount of $250,030 for design and engineering services related to a roundabout design at Low Gap Road and North Bush Street, and approve corresponding budget amendment. Motion carried by the following roll call votes: AYES: Rodin, Orozco, Sher, Crane, and Dueňas. NOES: None.

ABSENT: None. ABSTAIN: None.

Council gave direction to Staff.
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).

No reports were received.

THE CITY COUNCIL ADJOURNED TO CLOSED SESSION AT 8:11 P.M.

15. 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 Council - Anticipated Litigation Government Code Section 54956.9(d)(2)
Significant exposure to litigation (1 case)
c. 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 d. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Vichy Springs Resort v. City of Ukiah, Et Al; Case No. SCUK-CVPT-2018- 70200
e. Conference with Legal Counsel – Existing Litigation
(Government Code Section 54956.9(d)(1))
Name of case: Russian River Keepers et al. v. City of Ukiah, Case No. SCUK-CVPT-20- 74612
f. Conference with Real Property Negotiators
(Cal. Gov't Code Section 54956.8)
Property: APN Nos: 180-110-07
Negotiator: Shannon Riley, Deputy City Manager
Negotiating Parties: GMB Realty Partners, Inc.

Under Negotiation: Price & Terms of Payment
g. 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

City Council Minutes for September 4, 2024, Continued:

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
i. Conference with Labor Negotiator (54957.6)
Agency Representative: Sage Sangiacomo, City Manager
Employee Organizations: All Bargaining Units
No action reported; direction provided to Staff.

16. ADJOURNMENT
There being no further business, the meeting adjourned at 9:45 p.m. ________________________________
Kristine Lawler, CMC

Agenda Item No: 8.a.

MEETING DATE/TIME: 9/18/2024

ITEM NO: 2024-536

AGENDA SUMMARY REPORT
SUBJECT: Approve the Emergency Dispatch Services Contract between the Cities of Ukiah and Fort Bragg and Authorize the City Manager to Make any Necessary, Non-substantive Adjustments to the Agreement as Needed, to Ensure its Successful Implementation.

DEPARTMENT: Police PREPARED BY: Cedric Crook, Police Chief, Marla Swan, Communications/Records Manager
PRESENTER: Cedric Crook, Police Chief and Marla Swan,
Communications and Records Manager.

ATTACHMENTS:

1. Fort Bragg Contract 2019 - 2024

2. Fort Bragg Contract 2024 - 2029
Summary: City Council will consider authorizing the City Manager to negotiate and enter into an Agreement with the City of Fort Bragg for the provision of police dispatching services.

Background: The City of Ukiah began providing police dispatch services to the City of Fort Bragg in July 2009, under a mutually agreed upon five-year contract. Since then, the Cities of Ukiah and Fort Bragg have maintained a longstanding partnership, renewing the agreement periodically to ensure uninterrupted and highquality emergency dispatch services. The services provided by Ukiah's dispatch center include handling all emergency 9-1-1 calls, non-emergency police services, and radio communications for the Fort Bragg Police Department.

This collaboration has proven essential for Fort Bragg, as Ukiah's Public Safety Answering Point (PSAP) facilitates the receipt and dispatching of calls for police, fire, emergency medical services, and after-hours public works emergencies. The most recent contract, spanning 2019-2024, outlined provisions for the scope of services, fees, and mutual obligations, allowing for an annual fee adjustment capped at 5% to cover rising operational costs (Attachment 1).

With the conclusion of the 2019-2024 contract, both cities have agreed to continue their collaborative efforts in emergency dispatch services under a new agreement, this time with notable adjustments aimed at addressing the evolving needs of both cities, while maintaining efficient and responsive public safety operations.

Discussion: The approval of this agreement will ensure the continuation of vital emergency dispatch services for both the City of Ukiah and the City of Fort Bragg. The shared service model provides cost efficiencies, improves operational capacity, and enhances public safety for both jurisdictions. The new agreement also reflects updated cost-sharing provisions and includes mechanisms to align Fort Bragg’s financial contributions with their actual service usage over time, while maintaining a cooperative and mutually beneficial partnership between the two cities.

The current agreement between the Cities of Ukiah and Fort Bragg for the provision of emergency dispatch services expired in June 2024. Recognizing the importance of continuing this essential service, Staff from both cities have worked diligently to draft a new agreement (Attachment 2) covering the period from July 2024 through June 2029.

This agreement remains consistent with the prior agreements, reflecting the continued mutual benefit derived from Ukiah’s provision of 9-1-1 and police dispatch services for Fort Bragg. Noteworthy provisions from the agreement include:

Term and Termination: The term of the new agreement is five years, running from July 1, 2024, through June 30, 2029. Either party may terminate the agreement for any reason with a written 366-day advance notice, ensuring adequate time to make alternative arrangements (Section 3, ).

Payment Structure: The compensation structure for dispatch services has been updated to reflect the increasing cost of providing these services. For the 2024-2025 fiscal year, Fort Bragg will pay $425,577.64 for dispatch services, with an annual increase of approximately $24,807 in subsequent years. Furthermore, an adjustment has been made, raising the cap on annual fee increases from 5% to 7%, allowing Ukiah the ability to address and adjust fees in line with rising operational costs ().

Cost Per Call and Subsidy: The estimated cost per call for Ukiah's dispatch center, based on using call volume as the matrix, is $78.04 for fiscal year 2024-2025. This cost includes direct and indirect operating expenses, as well as capital expenditures associated with maintaining the dispatch center. Given Fort Bragg's call volume, the total cost of providing dispatch services would amount to $878,106 for the year. However, the City of Ukiah recognizes the benefits of a shared service arrangement and the efficiencies gained from handling dispatch services for both cities. One major benefit is the ability to staff more dispatchers, enhancing the overall capacity and responsiveness of the dispatch center. This shared service model also allows for costsharing across multiple jurisdictions, spreading out the fixed and capital costs associated with running the dispatch center. As a result, Ukiah has agreed to charge Fort Bragg a significantly lower amount than the full estimated cost, particularly in the early years of the agreement. The reduced rate helps maintain a strong cooperative relationship while ensuring both cities benefit from the economies of scale. Ukiah aims to gradually increase Fort Bragg’s contribution over time to more accurately reflect their actual usage, with the goal of aligning the cost to usage ratio in future years ().

Benefits of Shared Services: Shared services in emergency dispatch provide numerous advantages to both cities. By centralizing dispatch services, Ukiah and Fort Bragg can maintain higher staffing levels and invest in better technology and infrastructure than either city could independently. This results in improved response times, greater redundancy in the event of emergencies, and the ability to sustain around-the-clock operations more efficiently. Additionally, by pooling resources, both cities reduce their individual financial burdens while ensuring that high-quality emergency dispatch services are available to their communities. Ukiah, in particular, benefits from this arrangement by being able to maintain a larger and more skilled dispatch workforce, which enhances service delivery not only to Fort Bragg but also to Ukiah’s own residents. The shared service model also mitigates risks associated with staff shortages or equipment failures by spreading these operational risks across both cities ().

IT Billable Services: The new agreement introduces a provision for Ukiah to charge Fort Bragg for any ITrelated support provided by Ukiah’s IT department. Should Fort Bragg require assistance with technical upgrades such as the installation of Mobile Data Terminals (MDTs), Ukiah will bill for these services at specified hourly rates. The agreement allows for an annual increase of up to 5% in these IT service rates, and any rate changes will be communicated to Fort Bragg by February 1st each year ().

Service Scope and Technology: The agreement outlines the detailed scope of services Ukiah will provide, including the handling of emergency 9-1-1 calls, non-emergency calls, radio communications, and the maintenance of essential dispatch technologies. This also includes ensuring compliance with applicable regulations like the Warren 9-1-1 Emergency Assistance Act and the California Commission on Peace Officer Standards & Training (POST). Fort Bragg will remain responsible for providing the necessary equipment on its side, such as radios and MDTs, while Ukiah will manage and maintain the dispatch center’s infrastructure ().

Indemnification and Risk Management: Both parties agree to a mutual indemnification clause, with each city holding the other harmless for any negligent or willful misconduct by its own employees. This ensures that

liability is managed appropriately, with each city assuming responsibility for its own actions ().

Annual Review and Communication: Both cities will meet annually to discuss potential updates to the computer-aided dispatch (CAD) system to accommodate any operational changes or updates required by Fort Bragg. This ensures that dispatch services continue to meet the unique needs of Fort Bragg’s public safety operations ().

Staff is recommending that Council consider approving the agreement between the City of Ukiah and the City of Fort Bragg for the provision of emergency dispatch services for the period of July 1, 2024, through June 30, 2029; and authorize the City Manager to execute the agreement on behalf of the City of Ukiah, with the authority to make any necessary, non-substantive adjustments to the agreement as needed, to ensure its successful implementation.

Recommended Action: Staff recommends that the City Council:

1. Consider and approve the agreement between the City of Ukiah and the City of Fort Bragg for the provision of emergency dispatch services for the period of July 1, 2024, through June 30, 2029.

2. Authorize the City Manager to execute the agreement on behalf of the City of Ukiah, with the authority to make any necessary, non-substantive adjustments to the agreement as needed, to ensure its successful implementation.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: COU-1314-235-AZ
COORDINATED WITH: Sage Sangiacomo, Ukiah City Manager; Isaac Whippy, Fort Bragg City Manager; Fort Bragg Police Chief Neil Cervenka; Ukiah Finance and IT Department DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element

ATTACHMENT #1

1 AGREEMENT FOR THE

PROVISION OF EMERGENCY DISPATCH SERVICES
JULY 2024 – JUNE 2029
This agreement for the provision of emergency dispatch services (Agreement) dated July 1, 2024 ("Effective Date") between the City of Ukiah (“Ukiah") and the City of Fort Bragg ("Fort Bragg") for the purpose of Ukiah providing Dispatch Services to the Fort Bragg Police Department in compliance with the Warren 9-1-1 Emergency Assistance Act (Gov. Code § 53100 et seq.) and other applicable laws. Ukiah and Fort Bragg are referred to in this Agreement as the Parties." RECITALS:

WHEREAS Ukiah maintains a Public Safety Answering Point (" PSAP") in its Police Department for dispatching emergency services within the City of Ukiah, including police, fire, emergency medical and after-hours emergency public works/ utility services.

WHEREAS, the City of Fort Bragg on behalf of the Fort Bragg Police Department contracted with The City of Ukiah on behalf of the Ukiah Police Department to dispatch its public safety officers in response to calls to the 9-1-1 emergency assistance phone number.

WHEREAS the Warren 9-1-1 Emergency Assistance Act requires the Parties to establish and have in operation within their jurisdictions an emergency dispatch system. utilizing the 9-1-1 phone number. Such systems may include more than one jurisdiction and may include territory of more than one public agency.

WHEREAS Government Code Section 6502 authorizes the Parties to contract to jointly exercise any power common to the contracting parties.

In consideration of and reliance upon the above recitals and the terms and conditions as set forth below, the Parties agree as follows.

1. STATEMENT OF PURPOSE AND AUTHORITY
The purpose of this Agreement is to set forth the scope of emergency dispatch services that Ukiah will provide Fort Bragg and the terms and conditions of providing those Services including the charges for Services. Pursuant to its authority under Government Code §§ 53109 and 6502, Fort Bragg hereby authorizes Ukiah to provide Dispatch Services for the Fort Bragg Police Department as more fully described in Exhibit "A", attached hereto and incorporated herein by this reference. Ukiah accepts the duties and obligations described herein, on the general terms and conditions hereinafter set forth in this Agreement.

ATTACHMENT 2

2 2. PROVISION OF DISPATCH SERVICES
The Ukiah Police Department through its Dispatch Center will provide Dispatch Services to the Fort Bragg Police Department in accordance with this Agreement and as more specifically identified in Exhibit “A” (“Dispatch Services” or “Services”).

3. TERM AND TERMINATION
a. The term of this Agreement shall be from July 1, 2024, through June 30, 2029, provided, however, that Ukiah or Fort Bragg may terminate this Agreement for any reason by giving written notice to the other at least 366 days in advance of the effective date of such termination.
b. In the event this Agreement is terminated prior to June 30, 2029, Ukiah shall be paid on a prorated basis for only that portion of the contract term during which Ukiah provided services pursuant to this Agreement.
c. If either Party gives such notice or later retracts the notice prior to the termination date, the other Party may reject any such retraction, in which event the Agreement shall terminate on the date stated in the initial notice of termination. d. This Agreement may be extended upon the written agreement of both Parties.

4. PAYMENT
For services performed in accordance with this Agreement, payment shall be made to Ukiah on a quarterly basis beginning with the amount provided below. Ukiah shall invoice Fort Bragg on a quarterly basis and all invoices shall be due and payable within thirty (30) days of receipt. The total annual amount of compensation due to Ukiah for providing Services under this Agreement shall be $ 425,577.64 for FY 24-25.

In subsequent years, the annual amount will be increased by $24,807.45 for FY 25-26, and by $24,807.45 for FY 26-27, and by $24,807.46 for FY 27-28 and an amount not to exceed 7.0% each year thereafter, until contract renewal. Ukiah shall notify Fort Bragg of any proposed increase in the annual payment by February 1st of each year.

5. INDEMNIFICATION AND INSURANCE
a. Each Party shall be liable for the negligent or willfully wrongful acts or omissions of its respective officers, agents, and employees in their performance of this Agreement. Each Party shall defend, indemnify, and hold harmless the other Party (“Indemnitee”) and pay any settlement or judgment based on any claim against that Party for which the Indemnifying Party is responsible or liable. The foregoing obligations to defend, indemnify and hold harmless shall be limited to negligent or willfully wrongful

3 acts or omissions of the Indemnitor's officers, agents, or employees in their performance of the obligations under this Agreement which result in personal injury or property damage. As to a claim in which both Parties are alleged to be responsible or liable for losses or damages relating to the performance of obligations under this Agreement, each Party shall bear the cost of its own defense, but shall be entitled to indemnity in proportion to, and based on, an ultimate judgment, determination, resolution or allocation of proportionate liability or fault.
b. The Parties acknowledge that they are both members of California Intergovernmental Risk Authority (CIRA) and are parties to the Memorandum of Coverage issued and amended annually by CIRA. As long as they both remain members of CIRA and are parties to the Memorandum of Coverage, they do not need to furnish evidence of any other insurance coverage. If either Party intends to withdraw from CIRA, it shall give the other Party notice of that intent, not less than sixty (60) days prior to the effective date of that withdrawal. If the party withdrawing from CIRA does not furnish the other party with evidence of insurance satisfactory to that party, that party may terminate this Agreement.

6. WORKERS' COMPENSATION
Each party shall be responsible for work-related injuries to its employees, while they are performing under this Agreement. Each party shall provide workers' compensation coverage for its employees as required by law and agree to waive subrogation as to each other. Each party shall indemnify the other for any liability of the other party arising from a party's failure to provide the workers' compensation coverage required by this agreement or state law.

7. DOCUMENTS
Upon request from Fort Bragg, Ukiah shall promptly make available to Fort Bragg in electronic or other form which Ukiah can reasonably produce from the software utilized by the dispatch center any data relating to the Dispatch Services provided under this Agreement, including, but not limited to, recording of calls to the dispatch center, recording of radio traffic between the dispatch center and Fort Bragg employees, and data files compiled by the CAD system.

8. REPORTS ON COSTS
Ukiah shall provide Fort Bragg with its approved annual budget for the dispatch center, audited financial statements relating to the operation of the dispatch center and an annual accounting of actual expenditures to provide Dispatch Services under this Agreement upon request by Fort Bragg.

9. GENERAL TERMS AND CONDITIONS

4 a. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Ukiah is a contract service provider. Ukiah is not acting in the capacity of an employee of Fort Bragg and Fort Bragg shall not be liable for any acts or omissions by Ukiah nor for any obligations or liabilities incurred by Ukiah. b. Ukiah, its officers, agents, and employees shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection or employee benefits of any kind. c. Ukiah shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or retirement pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold Fort Bragg harmless from all liability which Fort Bragg may incur because of Ukiah's failure to pay such amounts.
d. In carrying out the work contemplated herein, Ukiah shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work. Ukiah agrees that such officers, agents, and/ or employees shall not be treated or considered in any way as officers, agents and/ or employees of Fort Bragg. e. Ukiah does, by this Agreement, agree to always perform Dispatch Services in strict accordance with all applicable federal, state, and local laws, ordinances, regulations, titles, departmental procedures and currently approved methods and practices in the field of emergency dispatching and that the sole interest of Ukiah is to insure that said Services shall be performed and rendered in a competent, efficient, timely and satisfactory manner.

10. ENTIRE AGREEMENT
This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire Agreement between Fort Bragg and Ukiah relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be supplemented, amended, or modified except by a written document signed by both parties.

5 11. ASSURANCE OF PERFORMANCE
If at any time either party reasonably believes that the other party is not adequately performing its obligations under this Agreement or if Ukiah fails to complete the Dispatch Services as and when required by this Agreement, the party who believes the other party is in breach may request from the other party, after providing reasonable notice of the specific performance deficiencies, prompt written assurances of proper performance and a written plan acceptable to the party giving the notice, to correct the observed deficiencies in the other party's performance. The written assurances shall be provided within ten (10) calendar days of the receipt of the request and thereafter the party providing it shall fully perform in accordance with its written plan. The parties mutually acknowledge and agree that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.

12. SURVIVAL
The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement shall survive termination or expiration of this Agreement.

13. SEVERABILITY
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

14. NOTICES
All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be deemed served for all purposes as follows:

Personal delivery: When personally delivered, notice is effective upon delivery.

First Class Mail: When mailed first class to the last address of the recipient known to the Party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox.

Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

6 Overnight Delivery: When delivered by overnight delivery (Federal Express, Airborne, United Parcel Service) with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service.

Facsimile transmission: When sent by facsimile to the last facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt.

Any notice given by facsimile shall be deemed received on the next business day if it is received after 5: 00 p. m. (recipient’s time) or on a non- business day.

Addresses for purpose of giving notice are as follows:

To UKIAH: CITY OF UKIAH
300 Seminary Avenue
Ukiah, CA 95482
Attn: CITY MANAGER
To FORT BRAGG: CITY OF FORT BRAGG
416 N. Franklin Street
Fort Bragg, CA 95437
Attn: CITY MANAGER
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.

Any party may change its address or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.

15. MISCELLANEOUS PROVISIONS.
a. Governing Law. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. b. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself.

7 c. Authority to Execute. Each signatory to this Agreement represents and warrants that she was authorized to execute this Agreement on behalf of the agency for whom her signature appears and that she executed this Agreement in her authorized capacity on behalf of that agency.
d. Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the Parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the Parties.

IN WITNESS WHEREOF, the Parties Hereto have executed this Agreement as of July 1, 2024.

CITY OF UKIAH CITY OF FORT BRAGG
By: _______________________________ By: ________________________ Sage Sangiacomo Isaac Whippy
Ukiah City Manager Fort Bragg City Manager
APPROVED AS TO FORM:

By: _____________________________ By: ________________________ David Rapport Baron J. Bettenhausen
Ukiah City Attorney Fort Bragg City Attorney

1 EXHIBIT A

SERVICES TO BE PROVIDED

1. DEFINITIONS:

A. "Dispatch Services" are those services routinely provided by a primary PSAP, including, but not limited to:
• Receipt, recording, dispatching, and forwarding of E911 calls. • Receipt, recording, dispatching, and forwarding of TDD calls. • Receipt, recording, dispatching, and forwarding of Text to 9-1-1. • Receipt, recording, dispatching, and forwarding of non-emergency calls for service.
• Two-way radio communication with mobile, portable, and base station radios. • Mobile Data Terminals (MDTs).
• Audio recording of radio transmissions conducted on primary use channels. • Audio recording of E911 calls.

B. "E911" means the enhanced 9-1-1 emergency number system, which will provide an automatic display of the caller's telephone number, subscriber's name and subscriber's location to the dispatcher.

C. "Dispatcher," means a public safety dispatcher, as defined by California Code of Regulations, Title 11, Div. 2, Art. 1, Sec. 1001, subsection (w). " Dispatcher" shall also be synonymous with the Ukiah job classification for the position of "dispatcher".

D. "CAD," means a computer aided dispatch system: a combination of hardware and software, which allows for the input, tracking, recording, and reporting of calls for service.

E. "Computer equipment," means computer hardware, software, and peripherals.

F. "Calls," means a communication that conveys or requests information, assigns or directs action, or requests services. This includes communications between officers and dispatchers.

G. "May" is permissive.

H. "Should" is desirable.

I. “Shall" is mandatory.

2. EXTENT OF SERVICES:

Subject to Fort Bragg performing its obligations hereunder, Ukiah agrees to provide Dispatch Services to Fort Bragg subject to the following terms and conditions:

A. Radio traffic to and from Fort Bragg Police Department mobile units, portables and

2 base stations will be conducted on the Fort Bragg Police Department radio frequency.

Fort Bragg will remain the licensee for this frequency. Fort Bragg grants Ukiah the right to use the frequency for the purpose of fulfilling this contract. While utilizing the frequency, Ukiah agrees to comply with all applicable rules and regulations of the Federal Communications Commission.

B. Emergency, non- emergency and text calls for service shall be dispatched according to the Ukiah Police Department CAD protocols, pre-arrival instructions and unit recommendations. Fort Bragg and Ukiah agree to meet not less than annually during the term of this agreement to discuss what CAD changes may be needed to reflect the inherent differences between calls in Fort Bragg and Ukiah jurisdictions.

C. Calls seeking other emergency services, including fire, emergency medical and ambulance services, shall be transferred to (707) 459-5336, provided however, that if the delay in transferring the call could result in immediate harm or risk of harm in a medical emergency, Ukiah Dispatch may provide some or all dispatch services for that medical emergency, as necessary, to avoid that harm or risk of harm.

D. Radio transmissions by Fort Bragg Police Department personnel to Ukiah Dispatch shall conform to the standards and practices used by Ukiah. This includes but is not limited to the format for notifying Dispatch of officer-initiated activity, the format for requesting automated systems inquiries, and the format for call dispositions.

E. When Ukiah and Fort Bragg calls are handled jointly by one or more dispatchers, the priority assigned to any call will be determined solely by the nature of the call and without regard to whether the call originated from the jurisdiction of Ukiah or Fort Bragg.

F. Fort Bragg is responsible for answering Fort Bragg Police Department business calls during normal business hours of Monday through Friday, 8:00 a. m. to 5: 00 p. m. (holidays excluded). Ukiah agrees to accept business calls for the Fort Bragg Police Department only during non-business hours.

3. EQUIPMENT AND PERSONNEL:

A. Ukiah shall provide and maintain the personnel, equipment, and materials in the dispatch center necessary to deliver Dispatch Services to Fort Bragg, in compliance with applicable E911 regulations, continuously twenty-four (24) hours per day, seven days per week, fifty-two (52) weeks per year. Fort Bragg shall be responsible for providing the personnel, equipment, and materials necessary to utilize these Dispatch Services.

B. As a condition of Ukiah performing services under this Agreement, Fort Bragg, at its own expense, shall facilitate the connection of its radios, emergency phone lines, and business phone lines to the Ukiah Dispatch Center, ensuring that calls and radio communications within Fort Bragg are properly received by the Ukiah Dispatch Center.

3 C. Ukiah shall ensure that its dispatch operations include the necessary equipment and personnel to maintain continuity of services during disruptions, such as power failures or disaster incidents.

D. Ukiah shall recruit, select, hire, and train the Public Safety Dispatchers required under this Agreement. These individuals shall be employees of Ukiah, and Fort Bragg's personnel rules and regulations shall not apply to them.

E. All recruitment, selection, hiring, retention, assignment, and training shall comply with Ukiah's current standards, rules, policies, and procedures, as well as the regulations of the California Commission on Peace Officer Standards & Training and applicable state and federal laws.

F. Ukiah shall be responsible for maintaining and upgrading the personnel, equipment, and materials necessary for Dispatch Services, including computer equipment, radio equipment, and the software used on Mobile Data Terminals (MDTs). Fort Bragg shall be responsible for the purchase and installation of MDTs and any additional licenses required for the software on Fort Bragg's MDTs, while Ukiah will maintain and upgrade the CAD program used on these devices.

Ukiah’s IT department may assist Fort Bragg with the installation of MDTs upon request.

Ukiah will charge Fort Bragg for these IT services at the rates specified in Attachment A, "IT Billable Hours and Rates." Ukiah’s IT department must bill Fort Bragg within 30 days of rendering these services. The agreement allows for an annual increase of up to

5.0% in IT billable hours and rates. Ukiah must notify Fort Bragg of any proposed rate changes by February 1st each year; if no notification is given, a 5.0% increase will automatically apply from July 1st of the same year.

4. SCHEDULING:

A. Dispatch scheduling shall be at the discretion of Ukiah. Fort Bragg agrees to keep Ukiah informed of all planned or reasonably foreseeable events that by their nature could require additional dispatch staffing.

4 ATTACHMENT A

IT BILLABLE HOURS AND RATES
Time of Service Rates
Business Hours
Monday – Friday, 8:00am – 5:00pm
On site : (T=Tier) / Hour
T1-$155 T2-$180 T3-$215
Remote : (T=Tier / Hour
T1-$125 T2-$150 T3-$185
After Hours
Monday – Friday, 5:00pm – 11:00pm
Saturday, 9:00am – 5:00pm
On site : (T=Tier) / Hour
T2-$215 T3-$235
Remote : (T=Tier) / Hour
T2-$175 T3-$200
Overnight
Monday – Friday, 11:00pm – 8:00am
Saturday, 5:00pm – Monday, 8:00am
On site : (T-Tier) / Hour
T2-$250 T3-$300
Remote : (T-Tier) / Hour
T2-$225 T3-$250
Holidays
On site : (T=Tier) / Hour
T2-$300 T3-$350
Remote : (T-Tier) / Hour
T2-$275 T3-$325
Problem Severity Initial Response Time Escalation Expected Time to Resolution Emergency
(Business Hours)
1 hour N/A Determined by the nature of the
event - normally 4 hours
Critical –
Site Impact
2 hours/next business
day
1 hour Determined by the nature of the
event – normally 8 hours
Major –
Departmental Impact
4 hours/next business
day
4 hour Determined by the nature of the
event – normally 8 hours
Normal –
User Impact
8 hours/next business
day
8 hour Determined by the nature of the
event
Nuisance Issues
16 hours/2nd business
day
4 hour Determined by the nature of the
event

Agenda Item No: 8.b.

MEETING DATE/TIME: 9/18/2024

ITEM NO: 2024-573

AGENDA SUMMARY REPORT
SUBJECT: Approval of Contact Amendment #2 in the Amount of $12,000 with Whitchurch Engineering for Additional Design Services for Tenant Improvements and Fire Damage Pertaining to the New Electric Service Center Located at 1350 Hastings Road, and Approval of Corresponding Budget Amendment.

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

1. Whitchurch Engineering - Design Svcs Hastings - 2223-108 - Agreement - signed

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

3. Whitchurch Engineering Amendment #2
Summary: The City Council will consider approving contract Amendment #2 pertaining to the new Electric Service Center in the amount of $12,000, with Whitchurch Engineering for additional design services for tenant improvements and fire damage repair, and approval of the corresponding budget amendment.

Background: The City Council approved the purchase of a building at 1350 Hastings Road to be used as the Electric Service Center to centralize all operations of the Utility. The roofing, grading, fencing and other site improvements were completed in February 2023. Phase 2 of the project consisted of the renovation of the interior of the building to convert the existing suites to office space, a conference room, and a warehouse. Ren-Alexander Design was contracted for Architectural Services and Whitchurch Engineering was contracted for structural, mechanical, and electrical engineering services (Attachment 1). On the morning of March 8, 2023, a fire broke out due to an electrical failure of a bathroom ceiling fan. Following the fire, both firms assessed the damage and revised the plans and specifications to include fire damage repair.

On December 6, 2023, Council adopted the new plans and specifications, (Attachment 2), for tenant improvements and fire damage repair and authorized Staff to advertise for bids. Council awarded the bid to Kirby Construction Company on March 6, 2024.

Discussion: During the demolition phase of the project, fire damage was uncovered that was concealed during the original inspection, requiring additional structural engineering to be completed on an adjacent truss.

Subsequent Requests for Information (RFI) have been issued by Kirby that will require redesign of the mechanical systems and drawing revisions pertaining to the duct. Please refer to Attachment 3 for details pertaining to this Amendment.

Staff recommends approving contract Amendment #2 in the amount of $12,000, bringing the total contract amount to $120,558, and the corresponding budget amendment.

Recommended Action: Authorize the City Manager to sign Contract Amendment #2 with Whitchurch Engineering, in the amount of $12,000, for additional design services for tenant improvements and fire damage repair pertaining to the new Electric Service Center, and approve corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 80126100.80220.17023; $0

PROPOSED BUDGET AMOUNT: 80126100.80220.17023; $12,000
FINANCING SOURCE: 2022 Electric Lease Revenue Bonds
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract 2223-108 COORDINATED WITH: Mary Horger, Financial Services Manager DIVERSITY-EQUITY INITIATIVES (DEI):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

COU No. 2223-108

AGREEMENT FOR

PROFESSIONAL CONSULTING SERVICES
[Design Professional]
This Agreement, made and entered into this 20th day of September, 2022 (“Effective Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Whitchurch Engineering, Inc., a corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant".

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

TERMS OF AGREEMENT

1.0 DESCRIPTION OF PROJECT

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

2.0 SCOPE OF SERVICES

2.1 As set forth in Attachment "A".

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

3.0 CONDUCT OF WORK

3.1 Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City. Consultant shall complete the work by February 6, 2023, and shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation.

4.0 COMPENSATION FOR SERVICES

4.1 Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $104,918. Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Attachment B, which shall include all indirect costs and Attachment 1

Contract 2223-108 – Whitchurch Engineering
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expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Attachment B. Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount.

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

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

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

5.0 ASSURANCES OF CONSULTANT

5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose.

It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of City for any purpose whatsoever. City shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed.

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

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

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

5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely to City.

Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. If the City Manager determines that the Consultant has a disclosure obligation under the City’s local conflict of interest code, the Consultant shall file the required disclosure form with the City Clerk within 10 days of being notified of the City Manager’s determination.

6.0 INDEMNIFICATION

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

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

1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01.

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

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

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

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

1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit.

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

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

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

C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

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

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

3. Professional Liability Coverage

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

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

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

F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, after notice to Consultant that City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract.

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

6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any negligent act or omission or the willful misconduct of Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City.
“Indemnify,” as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses.

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

7.0 CONTRACT PROVISIONS

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

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

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

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

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

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

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

7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the breaching party fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract.

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

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

CITY OF UKIAH WHITCHURCH ENGINEERING, INC.

ELECTRIC UTILITY DEPARTMENT JEFFREY LAIKAM, PE
300 SEMINARY AVENUE 610 9TH STREET
UKIAH, CALIFORNIA 95482-5400 FORTUNA, CALIFORNIA 95540

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

CONSULTANT
BY: __________________________ ___09/26/2022_______
Date
PRINT NAME: _Jeffrey Laikam, PE____
__68-0482707_____
IRS IDN Number

CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date

CITY MANAGER
ATTEST
____________________
KRISTINE LAWLER Date

CITY CLERK
Nov 9, 2022 Kristine Lawler (Nov 9, 2022 10:40 PST)
Kristine Lawler Nov 9, 2022 Page 49 of 594
Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
B. Project Understanding and Proposed Approach
Whitchurch Engineering (WEI) reviewed the Request for Proposal, Scope of Work and 30% design drawings (100% Schematic Drawing Set by Ren/Alexander Design) to develop our approach to this project. Our goal, as the prime consultant, is to provide building design in accordance with the 30% design drawings that will satisfy the City of Ukiah’s requirements and requests for the building. As a multidisciplinary engineering firm, WEI will provide engineering for all aspects (structural, mechanical, electrical, plumbing and Title 24) of the tenant improvements.

WEI employs a wide range of licensed Civil Engineers, two of which possess a Master of Science degree in structural engineering, licensed Mechanical Engineers and a licensed Electrical Engineer. Our intention is to self-perform all of the engineering tasks with the exception of the Title 24 calculations which will be subcontracted.

The staff structure utilized to manage this project will be the following:

1. Principal/Senior Management – Senior management will perform the final quality control review prior to sending deliverables out to the client.

2. Project manager (licensed civil engineer who formerly held a Type A California Contractor’s License) duties will:
a. Coordinate between the client and architect, and the WEI design team b. Provide tasks for discipline supervisors to assign
c. Provide initial scheduling information and biweekly schedule reports to the client d. Track discipline costs

3. Discipline supervisors (Civil with emphasis in structural and MEP supervisor) a. Coordinate with project manager, the client and the design engineers b. Assign discrete engineering tasks to lead design engineers c. Provide checking and verifying for each design deliverable d. Assist with discipline specific cost benefit analysis for alternatives in design

4. Design Engineers
a. Perform task assignments as provided by the discipline supervisor b. Perform calculations as required by design task
c. Alter/Create drawings to support calculation and design requirements d. Provide schedule updates biweekly to support project manager

5. Drafter
a. Draft discipline specific plan sheets as requested by each design engineer (mechanical, electrical, plumbing, structural)
b. Revise drawings per design engineer requests
c. Create electronic and paper format drawing sets for submittal

ATTACHMENT A

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
WEI works frequently with architects developing engineered construction drawings from 30% design drawings. If selected for this project, our priority would be to assist the architect and client to select the optimal design for the building’s final end use. We will perform this assistance by answering the following questions and analyzing the design criteria for the client and architect to select the correct building configuration. This list of questions is preliminary but represents our initial design approach:

1. Determine the weight (live load) that could be stored above the offices without altering the existing concrete slab.

2. Determine the quantity of slab to be replaced to achieve a targeted storage load (125/250 psf).

3. Determine the quantity and placement of HVAC units for the proposed building configuration.

4. Determine the quantity of climate zones that can be provided with standard HVAC equipment.

5. Evaluate costs associated with selection/design of a sophisticated climate zone configuration.

6. Identify potential subpanel locations.

The project flow will follow this outline:

1. Preliminary information gathering

2. Configuration decision making based on preliminary information gathering

3. Preparation of 60% construction documents which includes structural calculations and drawings as well as mechanical, electrical and plumbing calculations and drawings.

4. Architect and Client confirmation review (approx. 1 week duration)

5. Preparation of 95% final design construction documents

6. Submittal of 95% final design construction documents to Building Department

7. Plan check response

8. Resubmittal of 100% final design construction documents

9. Issuance of Building Permit/ Bidding

10. Construction begins
After the preliminary design information is gathered and configuration decisions are confirmed, creation of the final design construction documents will be initiated. The project manager will provide biweekly project updates to ensure the drawings and other documentation are progressing appropriately. At the 60% level of completion, each discipline will submit its drawing set to the project manager to confirm design intent and verify that the architect and client design requirements are satisfied. This review of drawings by the client and architect will be allocated one week of review time to maintain the schedule. The specific disciplines may submit their drawings on a staggered time line. After the client and architect review of the 60% drawings, comments will be addressed and the final design construction drawings will be taken to the 95% level of completion and submitted to the building department. Plan check comments will be addressed. Final design construction documents will be issued.

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
C. Project Team
Our team is comprised of experienced design engineers and supporting personnel. Each having a specialty that relates to the proposed project. Below are their brief bio’s. Resumes can be found in Appendix 1.

Jeffrey Laikam, PE – Engineering Manager/Team Lead
Mr. Laikam has more than 22 years of experience, including a combined eighteen years with Whitchurch Engineering with eight years serving as Senior Design Engineer and Engineering Supervisor for the Humboldt Bay Power Plant (HBPP) nuclear decommissioning project. Managing the Fortuna Office engineering staff, his expertise includes contract and project management, land development, work planning and scheduling, development of proposals, client development and project budget, schedule and scope management. He also serves as Scotia Community Services District Engineer and City of Ferndale Deputy City Engineer.

Derek Long, PE – Project Manager
Derek is a licensed professional civil engineer and general contractor with 10 years of progressive experience, including engineering support services for the Humboldt Bay Power Plant (HBPP) nuclear decommissioning project.

His expertise includes project management, structural design and implementation, land development, work planning and scheduling, budget control, and permit assistance. His additional highlights are building/facility construction & demolition, subdivision improvements, construction oversight & inspections, storm drainage, roadway improvements, fire water and domestic water system modifications, and sewer system improvements.

Aaron Bennett, PE, ME – Mechanical Engineering Supervisor Mr. Bennett has 17 years experience and is a self-motivated Senior Engineer having worked in nuclear decommissioning, demolition, restoration, and construction industries for over 12 years. He is a licensed Senior Civil Engineer, licensed Mechanical Engineer, and experienced Project Planner. He understands the necessity for establishment and maintenance of good client and stakeholder relationships for successful project completion.

Aaron recently completed the Humboldt Bay Power Plant Decommissioning and Restoration Project. He retained over project entirety for engineering and planning expertise for site owner during self-performed scope and later as a subcontractor to the prime civil works contractor. He is well diversified in all aspects of project planning and engineering with excellent understanding of field construction support needs and intelligent site infrastructure planning.

Brett Whitchurch, PE – Structural Design Supervisor
Brett started his engineering career as a summer intern for the strictly regulated Humboldt Bay Power Plant (HBPP) decommissioning project. This site was scrutinized by the California Coastal Commission and the Nuclear Regulatory Commission because of its location in Humboldt Bay and onsite materials. Since that time, his primary focus is utilizing his structural expertise for commercial structures and multi-family housing projects. Brett provides structural design and calculation resolving California Coastal Commission requirements for high seismic load and wind values applied to structures through design. Brett is currently preparing for the SE (Structural Engineer) exam.

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Brian Finck, EE – Electrical Engineering
Brian is a licensed professional electrical engineer with more than 25 years’ experience. He specializes in control systems design, engineering for forestry products. water quality products, signaling systems and solar powered radar. He has spent a majority of his career working with Caltrans and provided his electrical expertise to the Humboldt Bay Power Plant decommissioning project. Project highlights include a 500kv switchyard design, 57kv substation design, and preliminary design on high voltage systems.

Chad Pasquini - Certified Building Official
Chad has spent his entire career in the building industry. His most recent 19-years has been as a Certified Building Official, Building Inspector, Plans Examiner, and Code Enforcement Officer ensuring the health and safety of the public. His experience encompasses a full range of development review from residential additions through large commercial projects. He ensures compliance with all applicable building and energy codes, coordinates and schedules with permitting agencies and helps to expedite plan issuance. Chad aids architects, contractors, designers, engineers, and home owners to achieve their goals in completing building projects from the ground up such as new single-family residences, residential remodels and additions, land use permits, commercial tenant improvements, new commercial construction, and hotels, apartments, and multi-story buildings.

Abbay Technical Services – Subconsultant for Title 24 Energy Calculations Established in 1985 By William N. Abbay to provide California Title 24 energy calculation. Anne M. McQueeney came on board in 1990 and mentored with Bill for 11 years before purchasing the business in 2001. Anne has done thousands of energy calculations for residential and commercial buildings throughout all 16 climate zones in the California. Anthony K. McQueeney, her son, has been learning the Energy Code since 2020 and has since become a Certified Energy Analyst through the California Association of Building Energy Consultants. Anthony is now working on taking over the business and continuing to provide accurate and valuable T24 Services throughout the California.

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
D. Experience and References
Multi-Family Residential Development, Ventura County, Moorpark, CA Working with McSorley Architecture, this residential development will include 11 structures mixed with three and four story buildings, a community building, and covered parking. The structures are wood framed and foundations are slab on grade. Currently in final design phase.

Client: Garrett McSorely, McSorely Architecture
Phone: 707.633.9283
Email: [email protected]
WEI is providing:
• Structural calculations
• Roof framing details
• Multi-floor framing details
• Structural Notes, Sections, Detailing throughout
• Foundation Plans
• Locate meter groups: propose 8 residential service meter groups, single phase supply to each group. (2) additional service meters would be located at each of the common buildings. • Load calculations
• Site plan with meter locations and feeder conduit routing • Specification of service equipment
• Site electrical layout with light stanchion/pole placement, EV charger station location • Site photo metrics diagram
• Evaluate individual electrical demand for each building configuration • Size feeders from meters to individual units.
• Prepare PG&E electrical application
• Electrical Power/Communication Plan
• Floor plan layout and equipment locations
• Electrical Notes & Energy Notes
• Service Load Demand and Connected Load calculations
• Voltage Drop Calculations
• Single-Line Diagram for Current Carrying Conductors
• Grounding - Diagram
• Electrical Equipment Selection
• Conductor / Conduit sizing and Specifications
• Panel Schedules

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Multi-Use New Construction, Humboldt County, Eureka, CA Working with McSorley Architecture, this state-of-the-art multi-use structure contains commercial/retail space and multi-family residences including a rooftop patio. Design and engineering are currently at 100% and the project is in bidding phase.

Client: Garrett McSorely, McSorely Architecture
Phone: 707.633.9283
Email: [email protected]
WEI provided:
• Structural calculations
• Roof framing details
• Multi-floor framing details
• Structural Notes, Sections, Detailing throughout
• Foundation Plans
• Electrical Power/Communication Plan
• Floor plan layout and equipment locations
• Electrical Notes & Energy Notes
• Service Load Demand and Connected Load calculations (NEC 220) • Voltage Drop Calculations
• Single-Line Diagram for Current Carrying Conductors
• Grounding - Diagram (NEC 250)
• Electrical Equipment Selection
• Conductor / Conduit sizing and Specifications
• Lighting Plan and Schedule
• Lighting Calculations (Title 24)
• Panel Schedules / Load Balancing
• Sales area Equipment and Raceway Specifications / Notes

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Humboldt Bay Power Plant – Building conversion, Humboldt County, Eureka, CA WEI was tasked to convert a previous
laboratory/shipping and storage building into usable
office space. This included twelve private offices, entry area, training and conference room, break room and
storage closet. Work involved both demolition and new
construction. Some existing interior and exterior walls were removed, along with existing doors and frames. All interior and exterior components of the mechanical
system were also removed. New office spaces, HVAC,
interior windows, doors, cabinetry, counters and
shelving were designed. Electrical and plumbing
systems were revised. Seismic and structural design for the associated mechanical equipment was provided
along with egress and accessibility access, parking lot areas, grading and drainage designs. As Engineers of
Record, certification was submitted to the building
department to obtain occupancy permitting confirming
plans were to current code requirements.

Client: Kristin Zaitz, PG&E, Civil/Systems
Engineering Manager
Phone: 805-550-2632
Email: [email protected]

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Orr Creek Commons II - Mendocino County, Ukiah
Currently under construction, WEI worked closely with Lapotre Architects on this 40-unit multi-family residential development for the Rural Community Housing Development Corporation (RCHDC).

Client: Philippe Lapotre, Lapotre Architects
Phone: 707.442-8867
Email: [email protected]
WEI Provided:
− Roof Framing plans
− 2nd Floor Framing Plans
− Foundation Plans
− Structural Notes
− Structural Sections
− Structural Details
− Structural calculations
− Address structural plan check comments
− Attend 30%, 60% and 90% coordination meetings
− Electrical Power/Communication Plan & Electrical
Notes
− Electrical load calculations
− One-Line Diagram for electrical and grounding
− Electrical equipment schedule
− Equipment specifications (report)
− Lighting Plan
− Lighting calcs
− Lighting schedule
− Panel Schedules
− Prepare PG&E electrical application
− Plumbing Plans
− HVAC and Ducting Plans
− Prepare plumbing calculations
o Total developed length diagram
o Fixture unit table
o Details
− Plumbing fixture schedule and pipe schedule
− Prepare HVAC sizing and ventilation calculations
− Gas meter calcs, meter sizing and layout
− Mechanical equipment schedule
o Equipment specifications (report)
o Sequence of operations

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
G. Exceptions

1. RFP - Attachment A, Insurance Requirements for Consultants: General Liability (GL) insurance requires “operations, products and completed operations, as applicable”. This requested GL coverage applies more to companies that manufacture/sell products and/or perform construction or installation at clients’ homes or business. As engineers we provide a professional service and this type of coverage is more appropriate under our Professional Liability. If awarded the project, WEI would request this coverage be removed from the GL requirements.

2. Also, for Insurance, the request to cover volunteers as additional insured is too broad. Our GL would be vulnerable as the work we are providing would not encompass the use of volunteers. Volunteers may be utilized at a different capacity by other organizations however, as engineers we cannot control who is onsite and should not be responsible for the actions of others beyond our control. Our GL is typically written to cover The City, its officers, officials, and employees only and we would ask for volunteers to be removed from this requirement.

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Appendix 1 - Resumes

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Jeffrey Laikam, Professional Engineer, Engineering Manager Mr. Laikam has more than 22 years of experience, including a combined eighteen years with Whitchurch Engineering with eight years serving as Senior Design Engineer and Engineering Supervisor for the Humboldt Bay Power Plant (HBPP) nuclear decommissioning project. Managing the Fortuna Office engineering staff, his expertise includes contract and project management, land development, work planning and scheduling, development of proposals, client development and project budget, schedule and scope management. He also serves as Scotia Community Services District Engineer and City of Ferndale Deputy City Engineer.

SELECT PROJECT EXPERIENCE
Scotia Community Services District
District Engineer
Scotia
Kreations AutoBody – Commercial
Remodel, Addition, Tenant
Improvements 13,026 sq ft
Fortuna
PG&E, Humboldt Bay Power Plant
Building Remodel from
laboratory/shipping to office space
Eureka
Blue Lake Rancheria, New 20,000 sq ft
facility with 80,000 parking area
Blue Lake
Fortuna Senior Center – New 7,700 sq
ft Building
Fortuna
New Commercial Structure, 10,000 sq
ft including 6,000 outpatient medical
facility
Oroville
Moorpark, Multi-Family Development
11-Structures including community
building and covered parking
Moorpark
Fortuna Fire Department – New 6,380
sq ft Commercial Structure
Fortuna
Commercial Tenant Improvements,
building design for 1,600 sq ft
addition
Eureka

EDUCATION
B.S., Environmental
Resources Engineering
Humboldt State University

REGISTRATIONS
Licensed Professional
Engineer
CA 68586
Qualified Stormwater
Pollution Prevention Plans
(SWPPP) Developer and
Practitioner
CA 23928

AREAS OF EXPERTISE
Project Management
Contract Management
Budget Control/Analysis
Proposal Review
Land Development
Permit Assistance
Project Scheduling

TOTAL YEARS

EXPERIENCE
22 years
Ferndale Deputy City Engineer
Ferndale
Scotia Community Services District,
Scotia Museum, Remodel and
Accessibility Improvements
Scotia
Orr Creek Commons
Multi-Story Affordable Senior
Housing Development Phases I & II,
80-Units
Ukiah
The Plateau - Multi-Story Housing
Project – 23 Senior Units, 20
Supportive Housing Units, 25 Family
Townhomes
Fort Bragg
Sunset Apartments - Multi-Story,
Multi-Phased, 43-units Phase 1
Eureka
Oak Valley Villas – Site Civil
Engineering for New Multi-family
Residential Housing
Clear Lake
The Cottages at Rigby – 26
Residential Housing Units Plus
Common Use Building & Laundry
Facility, Site Civil, Structural,
Construction Inspections
Rio Dell
County of Humboldt – Veterans Hall
Accessibility Modifications /
Upgrades
Ferndale

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Derek Long, Professional Engineer, Project Manager
Derek is a licensed professional civil engineer and general contractor with 10 years of progressive experience, including engineering support services for the Humboldt Bay Power Plant (HBPP) nuclear decommissioning project. His expertise includes project management, structural design and implementation, land development, work planning and scheduling, budget control, and permit assistance. His additional highlights are building/facility construction & demolition, subdivision improvements, construction oversight & inspections, storm drainage, roadway improvements, fire water and domestic water system modifications, and sewer system improvements.

SELECT PROJECT EXPERIENCE

EDUCATION
B.S., Civil Engineering
Gonzaga University
Spokane Washington

REGISTRATIONS
Licensed Professional
Engineer
CA 85055
Licensed General
Engineering Contractor
CA 1041498
Qualified Stormwater
Pollution Prevention Plans
(SWPPP) Developer
CA 85055

AREAS OF EXPERTISE
Project Management
AutoCAD Civil 3D
RISA-3D and Stru-Calc
Structural Analysis
Site Civil Engineering
Construction Oversight

TOTAL YEARS

EXPERIENCE
10 years
Fortuna Senior Center – New 7,700 sq ft Building
Fortuna
Fortuna Fire Department – New Three Story Training Facility Fortuna
Wendt Construction - Tenant Improvements, 19,200 sq ft Multi-Use Building Rio Dell
New Commercial Structure - 10,000 sq ft including 6,000 outpatient medical facility
Oroville
Scotia Community Services District - Parks Accessibility Upgrades including Restroom
Scotia
Eel River Brewing Company – Tenant Improvements including new Warehouse and Office Space
Fortuna
Oak Valley Villas – Site Civil Engineering for New Multi-family Residential Housing
Clear Lake
Resident Owned Parks – Construction Oversight for Gas/Electric System Upgrades
Arcata
Dayle’s Diesel - New 9,600 sq ft Commercial Repair Shop and Office Space Fortuna
Double D Steak House – Accessibility Compliance, Outdoor Seating addition Fortuna
Lucina Holdings – Tenant Improvements, Mechanical Design for Medical Office
Fortuna

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
New Commercial Structure, 10,000 sq
ft including 6,000 outpatient medical
facility
Oroville
Blue Lake Rancheria, New 20,000 sq ft
facility with 80,000 parking area
Blue Lake
Mendocino Animal Hospital Tenant
Improvements - Mechanical
Ukiah
Market Expansion, Tenant
Improvements, Addition, Commercial
Kitchen, South State Street
Ukiah
Fortuna Fire Department – New 6,380
sq ft Commercial Structure
Fortuna
Fortuna Senior Center – New 7,700 sq
ft Building
Fortuna
PG&E, Humboldt Bay Power Plant
Building Remodel from
laboratory/shipping to office space
Eureka
RCHCD Emergency Electrical Power
Systems calculations and design
Ukiah
Scotia Community Services District,
Scotia Museum, Remodel/Mechanical
and Accessibility Improvements
Scotia
Resident Owned Parks – Electrical
Distribution Upgrade
Eureka
Aaron Bennett, Mechanical & Civil Engineer, Engineering Supervisor Aaron is an experienced civil and mechanical engineer with a keen understanding of maintaining strong client and stakeholder relationships culminating in successful project completions. He has provided his expertise in project planning, design, and field construction support for residential, commercial, and industrial projects. Aaron provides intelligent site infrastructure planning for complex projects and thrives in an environment of strict timelines and budgetary constraints. In a supervisory role, Aaron is responsible for the mechanical engineering department’s project management and staff relating to design and support for all aspects of the company’s mechanical projects.

SELECT PROJECT EXPERIENCE
Eureka Mall Space #33 7,968 sq ft
Merchant/Retail Conversion to Office
Space
Eureka
Orr Creek Commons
Multi-Story Affordable Housing
Development Phases I & II
Ukiah
The Plateau - Multi-Story Housing
Project – 23 Senior Units, 20 Supportive
Housing Units, 25 Family Townhomes
Fort Bragg
Sunset Apartments - Multi-Story, MultiPhased, 43-units Phase 1 Eureka
Pine Hill, Multi-Story, Multi-Phased
Affordable Housing
Eureka
Mixed Use Multi-Family, Commercial,
Retail Building
Eureka
Blue Lake Rancheria – Multi-Story
20,000 sq ft facility
Blue Lake
Eureka Rescue Mission – Women’s
Shelter Renovation
Eureka
Eureka Natural Foods – Dining
Expansion
Utility Relocation
Eureka

EDUCATION
B.S., Mechanical
Engineering, University of
Idaho

REGISTRATIONS
Licensed Professional
Engineer
CA No. 79365 PE
CA No. 38514 ME

AREAS OF EXPERTISE
Project Stakeholder
Coordination
Schedule Development &
Optimization
Mechanical Design Review
& Development
Instrumentation &
Equipment
Troubleshooting
Rick Mitigation & Hazard
Evaluation
Technical & Contract
Oversight

TOTAL YEARS

EXPERIENCE
17 years

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Southern Trinity Health Services, Tenant
Improvements converting an old
hardware store to a medical & dental
clinic
Scotia
Frito Lay New 7,283 sq ft Distribution
Center including Warehouse, Offices, &
Conference Room
Blue Lake
Market Expansion, Tenant
Improvements, Addition, Commercial
Kitchen, South State Street
Ukiah
Harbers Insurance Office Remodel and
Addition, 4,158 sq ft
Fortuna
Kreations AutoBody – Commercial
Remodel, Addition, Tenant
Improvements 13,026 sq ft
Fortuna
Moorpark, Multi-Family Development
11-Structures including community
building and covered parking
Moorpark
Elk Valley Casino, 43,160 sq ft and
Associated Development Improvements
Crescent City
Brett Whitchurch, Professional Engineer, Structural Supervisor Brett started his engineering career as a summer intern for the strictly regulated Humboldt Bay Power Plant (HBPP) decommissioning project. This site was scrutinized by the California Coastal Commission and the Nuclear Regulatory Commission because of its location in Humboldt Bay and onsite materials. Since that time, his primary focus is utilizing his structural expertise for commercial structures and multi-family housing projects. Brett provides structural design and calculation resolving California Coast Commission requirements for high seismic load and wind values applied to structures through design. Brett is currently preparing for the SE (Structural Engineer) exam.

SELECT PROJECT EXPERIENCE
Eureka Mall Space #33 7,968 sq ft
Merchant/Retail Conversion to Office
Space
Eureka
PG&E, Humboldt Bay Power Plant
Building Remodel from
laboratory/shipping to office space
Eureka
Blue Lake Rancheria, New 20,000 sq ft
facility with 80,000 parking area
Blue Lake
Orr Creek Commons
Multi-Story Affordable Senior Housing
Development Phases I & II, 80-Units
Ukiah
Willow Terrace - Multi-Story, 38-Unit
Supportive Housing Development
Ukiah
The Plateau - Multi-Story Housing
Project – 23 Senior Units, 20
Supportive Housing Units, 25 Family
Townhomes
Fort Bragg
Mixed Use Multi-Family, Four Story,
Commercial, Retail Building
Eureka
Sunset Apartments - Multi-Story,
Multi-Phased, 43-units Phase 1
Eureka

EDUCATION
B.S., Civil Engineering,
Emphasis in Structural,
University of California,
Davis
M.S., Civil Engineering,
Emphasis in Structural,
University of California,
Davis

REGISTRATIONS
Licensed Professional
Engineer
CA No. 90914

AREAS OF EXPERTISE
Structural Design and
Review
Technical Writing
Engineering Evaluations
RISA-3D Advanced
Structural Modeling and
Dynamic Analysis
Modeling

TOTAL YEARS

EXPERIENCE
10 years

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Brian Finck, Professional Electrical Engineer
Brian is a licensed professional electrical engineer with more than 25 years’ experience. He specializes in control systems design, engineering for forestry products. water quality products, signaling systems and solar powered radar. He has spent a majority of his career working with Caltrans and provided his electrical expertise to the Humboldt Bay Power Plant decommissioning project. Project highlights include a 500kv switchyard design, 57kv substation design, and preliminary design on high voltage systems.

SELECT PROJECT EXPERIENCE

EDUCATION
B.S., Electrical Engineering
University of North Dakota

REGISTRATIONS
Licensed Professional
Electrical Engineer
CA 17756

AREAS OF EXPERTISE
Electrical Field Support
Plan Review
Conduit/Feeder Schedules
Electrical Diagrams
Substation Design

COMPANY EXPERIENCE
Whitchurch Engineering
Project Based
2018 – Present
Lutech Resources
Project Based
Jan 2015 -Present
Caltrans (State of CA)
Project Based
June 2000 – Present
Daqota Systems, Inc
Project Based
June 1999 – Jan 2015
Black & Veatch
June 1999 – June 2000
• TOTAL YEARS EXPERIENCE
25 years
PG&E, Humboldt Bay Power Plant Building Remodel from laboratory/shipping to office space
Eureka
The Plateau - Multi-Story Housing Project – 23 Senior Units, 20 Supportive Housing Units, 25 Family Townhomes
Fort Bragg
Redwood Coast – Humboldt County Airport – Construction Renovation Electrical Inspections
McKinleyville
CalFire - Rohnerville Air Attack Base Upgrades – Electrical Plans Fortuna
Humboldt Bay Power Plant Decommissioning – Eureka
Decommissioning Electrical Engineer
- Provide Electrical Field Support for Caisson Ventilation - Provide Electrical Field Support for Ground Water Treatment System (GWTS) - Review / Approve Electrical Plans by others
- Support ISFSI Electrical Activities
- Write Design Change Notices (DCNs), Field Change Notices, and Work Instruction to provide direction for field staff
Electrical Engineering
- 500 kv switchyard design, site layout, four position ring bus, grounding design and details, raceway and lighting details bus connection details, control and protection, AC and DC station service, review/approve work by others - 57 kv substation design, soil resistivity testing, 3.0 MVAr capacitor bank control and protection design
- 72 kv breaker replacement, bus connection details, wiring schematics and diagrams
- Designed, Tested, Wrote Ladder Logic & Started PLC controlled systems - Allen-Bradley PLC-5, SLC-500, IMC S Class Motion Controllers, Modicon, Square D, Westinghouse
- Tested & Started Allen-Bradley Drive Control Systems, AC & DC Drive Systems, Baldor AC Drives
- Programmed MMI’s, PanelView, Wonderware
- Preliminary design on High Voltage Systems
- Conducted Fault Studies
- Prepared Conduit & Feeder Schedule
- One-Line Diagrams
- Switch Gear Detailing
- Underground Detailing
- Substation Design

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Building Official/Plans Examiner
City of Arcata – 2003 to 2016
Chief Building Official
Humboldt County – 2017 to 2019
PG&E, Humboldt Bay Power Plant
Building Remodel from
laboratory/shipping to office space
Eureka
Frito Lay New 7,283 sq ft Distribution
Center including Warehouse, Offices, &
Conference Room
Blue Lake
County of Humboldt – Accessibility
Design and Permitting Assistance –
County Administrative Offices
Eureka
County of Humboldt – Accessibility
Design and Permitting Assistance –
Humboldt County Airport
McKinleyville
Market Expansion, Tenant
Improvements, Addition, Commercial
Kitchen, South State Street
Ukiah
Yurok Tribe Emergency Operations
Center, 18,652 sq ft community
shelter/operations center - 3rd Party
Inspections
Klamath
Kreations AutoBody – Commercial
Remodel, Addition, Tenant
Improvements 13,026 sq ft
Fortuna

EDUCATION
Butte College, CA
Building Inspection
Technology Certification

REGISTRATIONS
I.C.C. Certified Building
Inspector, 5116805-10
I.A.P.M.O. Certified
Mechanical Inspector,
090648
I.A.P.M.O. Certified
Plumbing Inspector,
098501
I.C.C. Certified Electrical
Inspector, 5116805-E1
I.C.C. Certified Building
Plans Examiner, 5116805-
B3
C.A.C.E.O. Certified Code
Enforcement Officer 1
I.C.C. Certified Building
Official, 5116805

TOTAL YEARS

EXPERIENCE
19 years
Fortuna Senior Center – New 7,700 sq ft
Building
Fortuna
Scotia Community Services District,
Scotia Museum, Remodel and
Accessibility Improvements
Scotia
Mixed Use, Multi-Story, Multi-Family,
Commercial, Retail Building
Inspector of Record
Eureka
County of Humboldt – Accessibility
Design and Permitting Assistance –
Clam Beach
McKinleyville
Mixed Use, Multi-Story, Multi-Family,
Commercial, Retail Building
Inspector of Record
Eureka
Phyllis Rex Samoa Coast Townhomes –
Multi-Story - 80-unit affordable
housing complex
Inspector of Record
Samoa
Strombeck Apartment Complex –
Multi-Story – 60 units
Inspector or Record
Arcata
Danco Senior Housing Development –
Multi-Story
Inspector of Record
Arcata
Chad Pasquini, Certified Building Official
Chad has spent his entire career in the building industry. His most recent 19-years has been as a Certified Building Official, Building Inspector, Plans Examiner, and Code Enforcement Officer ensuring the health and safety of the public. His experience encompasses a full range of development review from residential additions through large commercial projects. This includes working with residents and their agents to resolve and remediate code violations. He ensures compliance with all applicable building and energy codes, coordinates and schedules with permitting agencies and helps to expedite plan issuance. Chad aids architects, contractors, designers, engineers, and home owners to achieve their goals in completing building projects from the ground up such as new single-family residences, residential remodels and additions, land use permits, commercial tenant improvements, new commercial construction, and hotels, apartments, and multistory buildings.

SELECT PROJECT EXPERIENCE

ID Task Name Duration Start Finish
1 Hastings Electric Service Center Tenant Improvements
2 Preliminary Information Gathering 5 days Tue 9/27/22 Mon 10/3/223 Configuration Decision Making (All Scopes) 4 days Tue 10/4/22 Fri 10/7/224 Preparation of 60% Construction Documents 25 days Mon 10/10/22 Fri 11/11/225 Structural 20 days Mon 10/10/22 Fri 11/4/226 Mechanical 20 days Mon 10/10/22 Fri 11/4/227 Electrical 25 days Mon 10/10/22 Fri 11/11/228 Plumbing 10 days Mon 10/10/22 Fri 10/21/229 Architect and Clieint Confirmation Reviews (All Scopes) 5 days Mon 11/14/22 Fri 11/18/22 10 Preparation of 95% Final Design / Constructon Documents 20 days Mon 11/21/22 Fri 12/16/2211 Submittal of 95% Final Design / Construction Documents 1 day Mon 12/19/22 Mon 12/19/2212 Plan Check (assume 30‐calendar days) by City of Ukiah 23 days Mon 12/19/22 Wed 1/18/2313 Address Plan Check Comments (if any) and prepare for 100% Submittal
12 days Thu 1/19/23 Fri 2/3/23
14 Submit 100% Final Design / Construction Documents for Permitting
1 day Mon 2/6/23 Mon 2/6/23
15 24 29 3 8 13 18 23 28 3 8 13 18 23 28 2 7 12 17 22 27 2 7 12 17 22 27 1 6 11 16 21 26 31 5 10 September 2022 October 2022 November 2022 December 2022 January 2023 February 2023 TaskSplitMilestoneSummary
Project SummaryInactive TaskInactive MilestoneInactive Summary Manual TaskDuration-onlyManual Summary RollupManual Summary Start-onlyFinish-onlyExternal TasksExternal Milestone
DeadlineProgressManual Progress

Project: Simple Project PlanDate: Fri 9/16/22

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
Fee Proposal
Total Contract Price (Not to Exceed): $91,300

1. Structural Scope: $28,500
Percentage
of Scope Task Title
Hours per
Scope Task
Rate Per
Hour
10% Principal/Senior Management 12 $205
15% Project Manager 26 $130
20% Discipline Supervisors 35 $140
35% Design Engineers 96 $90
20% Drafter 55 $90
Expenses Max 4 Site Visits for Inspections and Initial Walkdown @ $100 hr 32 $3,200 Miles = 1144 $0.85 $972.50

2. Mechanical Engineering Scope: $30,000
Percentage
of Scope Task Title
Hours per
Scope Task
Rate Per
Hour
10% Principal/Senior Management 16 $180
15% Project Manager 32 $130
20% Discipline Supervisors 33 $165
35% Design Engineers 92 $105
20% Drafter 62 $90
Expenses Max 2 Site Visits for Inspections and Initial Walkdown @ $105 hr 16 $1,680 Miles = 572 $0.85 $486.20

3. Electrical Engineering Scope: $22,000
Percentage
of Scope Task Title
Hours per
Scope Task
Rate Per
Hour
10% Principal/Senior Management 10 $180
15% Project Manager 22 $130
20% Discipline Supervisors 21 $175
35% Design Engineers 62 $105
20% Drafter 42 $90
Expenses Max 2 Site Visits for Inspections and Initial Walkdown @ $175 hr 16 $2,800 Miles = 572 $0.85 $486.20

ATTACHMENT B

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420

4. Plumbing Scope: $8,300
Percentage
of Scope Task Title
Hours per
Scope Task
Rate Per
Hour
10% Principal/Senior Management 4 $180
15% Project Manager 8 $130
20% Discipline Supervisors 7 $165
35% Design Engineers 20 $105
20% Drafter 13 $90
Expenses Max 2 Site Visits for Inspections and Initial Walkdown @ $105 hr 16 $1,680 Miles = 572 $0.85 $486.20

5. Title 24 Scope: $2,500 - Sub Consultant Abbay Technical Services – 25 hours @ $100/hr

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center www.whitchurchengineering.com

Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
This Proposal does not include the following services in the Total Contract Price.

Fees to complete these services will be billed Time & Materials at the rates outlined below:

Task Cost
Site Visits in addition to those listed in task items 1-5 $130/hr plus mileage Meetings in addition to those listed in task items 1-5 $105-$180 /hr plus mileage Response to RFI’s $130 /hr
Preparation of Bid Documents $130/hr
Significant Design Changes after 60% Review by Client and Architect $105-$180/hr Permitting Fees due to City of Ukiah for Application, Plan Check, or Permit Issuance – See City of Ukiah Fee Schedule
Review of Fire Suppression submittal $165/hr
Existing Utility Location $105-$175/hr plus travel and
locator expenses
Design of Water Connection for Fire Suppression System $105-$180/hr Response to Plan Check by outside agency $105-$205/hr
Final Installation Proof of Operation $105/hr
Air Balance Testing $105/hr
Design for Use and Storage of Hazardous Materials and/or Control Areas $105-$165/hr Supplier Equipment Inspection and Testing $105-$165/hr
As-built drawing preparation/creation $105-$165/hr
Firms Hourly Rate Schedule:
- Senior Engineer $ 115 - 220 /hr - Project Engineer $ 75 - 130 /hr - Surveyor $ 85 - 150 /hr - Survey Tech $ 75 - 110 /hr
- Drafting/Technical $ 55 - 95 /hr - Administration $ 45 - 80 /hr - Designer $ 75 - 120 /hr - Survey Equipment $ 300 per day - Subject Matter Expert $ 90 - 225 /hr - Materials Cost plus 20% - Sub-consultants Cost plus 20% - Mileage $0.85/mile

Whitchurch Engineering, Inc. RFP Response for Professional Design Services Tenant Improvements at the Hastings Electric Service Center Fortuna CA – 610 9th Street
Phone: (707) 725-6926
Eureka CA – 716 Harris Street
Phone: (707) 444-1420
www. w h i tc h u r c h e n g i n e e r i n g . c o m

Addendum #1

1. Construction Administration: All Disciplines: $13,617.20 Task Description Hours
Rate Per
Hour/Mile
Total
Cost
Project Coordination to include: Walkdown, Kickoff, and BiMonthly Progress Meetings20 $130 $2,600 Construction Assistance to include:
• RFI Response
• Design Changes
• Design/Specification Clarifications
• Submittal Review
50 $130 $6,500
Construction Inspections – In addition to those listed above 16 $100 $1,600 Mileage @ 572 miles per trip (assumed 6 trips) $0.85 $2917.20 Total $13,617.20
Assumptions:

1. Project duration 4 months with 2 project coordination meetings per month (Remote meetings).

2. One contractor site walkdown (in person) and one project kickoff meeting (Remote meeting).

3. Assumed 2 hours per RFI Response and 15 RFIs total. Additional RFI response will be provided on a time and materials basis as required.

4. Design Changes based on unidentified conditions or constructability issues. Changes in Design Scope are not included.

5. Submittal Reviews limited to items specified on approved Final Design Drawings.

6. Construction Inspections/Special Inspections limited to items requiring inspection as specified on approved Final Design Drawings, i.e. Shear Wall Nailing (two inspections), Epoxy Rod Installation (two inspections), Footing, Rebar, and Concrete testing (one inspection).

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR

CITY OF UKIAH ELECTRIC SERVICE CENTER

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

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

ELECTRIC SERVICE CENTER
1350 HASTINGS ROAD
UKIAH, CALIFORNIA 95482

CITY OF UKIAH

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

Office of City Clerk
Attachment 2

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

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

CITY OF UKIAH

DEPARTMENT OF ELECTRIC UTILITY
JANUARY 2024

COU ELECTRIC SERVICE CENTER iii Spec No. 24-01

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

TABLE OF CONTENTS

PAGE

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

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

COU ELECTRIC SERVICE CENTER iv Spec No. 24-01

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

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

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

COU ELECTRIC SERVICE CENTER vi Spec No. 24-01

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SECTION 15. AMENDMENTS TO GENERAL CONDITIONS .................................................................... 30 15-01. Provisions of General Conditions to be Amended

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

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX A – TECHNICAL SPECIFICATIONS
ATTACHMENTS:

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

SUPPORTING PRODUCT DATA AND CUT SHEETS

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

CITY OF UKIAH ELECTRIC SERVICE CENTER

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

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

1. CSI DIVISION 01 – GENERAL REQUIREMENTS
1 Lump Sum

2. CSI DIVISION 02 – EXISTING CONDITIONS
1 Lump Sum

3. CSI DIVISION 03 - CONCRETE
1 Lump Sum

4. CSI DIVISION 04 – MASONRY
1 Lump Sum

5. CSI DIVISION 05 – METALS
1 Lump Sum

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

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

8. CSI DIVISION 08 - OPENINGS
1 Lump Sum

9. CSI DIVISION 09 - FINISHES
1 Lump Sum

10. CSI DIVISION 10 – SPECIALTIES
1 Lump Sum

11. CSI DIVISION 12 - FURNISHINGS
1 Lump Sum

12. CSI DIVISION 13 – SPECIAL CONSTRUCTION
1 Lump Sum

13. CSI DIVISION 14 – CONVEYING EQUIPMENT
1 Lump Sum

14. CSI DIVISION 21 – FIRE SUPPRESSION
1 Lump Sum

15. CSI DIVISION 22 - PLUMBING
1 Lump Sum

16. CSI DIVISION 23 - HVAC
1 Lump Sum

17. CSI DIVISION 25 – INTEGRATED AUTOMATION
1 Lump Sum

18. CSI DIVISION 26 – ELECTRICAL
1 Lump Sum

19. CSI DIVISION 27 – COMMUNICATIONS
1 Lump Sum

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

22. CSI DIVISION 32 – EXTERIOR IMPROVEMENTS
1 Lump Sum

23. CSI DIVISION 33 - UTILITIES
1 Lump Sum

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

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

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

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

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

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

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

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

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

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

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

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

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

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

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

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

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

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

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

Examination of Site, Drawings, Etc.

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

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

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

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

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

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

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

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

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

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

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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 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.

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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 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.

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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 im mediately from the work and shall not be re-employed upon it except with the consent of the Engineer. 6-21. Wage Rates.

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

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

3. Pursuant to the provision of Section 1770 of the Labor Code of the State of California, Owner has ascertained the general prevailing rate of wages (which rate includes employer payments for health and welfare, vacation, pension and similar purposes) applicable to the work to be done, for straight time work.

The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned. Copies of the General Prevailing Wage Determination are available on the Internet at web address:
http://www.dir.ca.gov/DLSR/PWD The Contractor shall post the wage determination at the site of work in a prominent place where it can easily be seen by the workers.

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

5. The Labor Commissioner through the Division of Labor Standards Enforcement (DLSE) may at any time require contractors and subcontractors to furnish electronic certified payroll records directly to DLSE.

Commencing with contracts awarded or after April 1, 2015, all contractors and subcontractors must furnish electronic certified payroll records directly to the DLSE.

6. Travel and Subsistence Payments.

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

7. Apprentices.

Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the California Labor Code concerning the employment of apprentices by the Contractor

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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.

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

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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 bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $5,000, whichever is the greater, unless based upon a supplementary agreement to be made therefore.

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

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

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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. 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.

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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.

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.

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8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk.

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

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

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

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

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location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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

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

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

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

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

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

1. At such times that Pubic Contract Code Section 22300 is in effect Contractor may propose the substitution of securities of at least equal market value for any moneys to be withheld to ensure performance under the Contract.

Market value shall be determined as of the day prior to the date such substitution is to take place. Such substitution shall be made at the request and expense of the Contractor. The securities shall be one or more of the following types:
(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.

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(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.

Such securities eligible for substitution shall be within the top three ratings of a nationally recognized rating service.

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

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

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

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

In no case will final payment be made in less than thirty-five (35) days after the filing of the notice of completion with the County Recorder.

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10-06. Delay Payments. Should any payment due the Contractor or any estimate be delayed, through fault of the City beyond the time stipulated, such delay shall not constitute a breach of contract or be the basis for a claim for damages, but the City shall pay the Contractor interest on the amount of the payment at the rate of 6 percent per annum for the period of such delay. The terms for which interest will be paid shall be reckoned, in the case of any monthly or progress payment, from the twentieth day of the month next succeeding the month in which the work was performed to the date of payment of the estimate; and in the case of the final estimate, from the forty-fifth day after acceptance to the date of payment of the final estimate.

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

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

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

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

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

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to determine the actual amount of damage by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum of five hundred dollars ($500.00) per day for each and every calendar day's delay beyond the time prescribed.

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

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

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

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dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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. All of the work to be performed is within the City of Ukiah and consists of a tenant improvement of an existing 15,800 square foot unconditioned warehouse building of type V-A construction.

Situated along highway 101 in Ukiah surrounded by nearby pear orchards, the building was originally constructed in 1999 as an agricultural storage warehouse. The facility (The Electric Service Center) is to house and centralize the Ukiah Electric Utility Department’s electrical operations and administrative offices for Engineering, Construction and Technical Services. In addition, the Department intends to use the Electric Service Center for training, material warehousing and construction preparation.

On August 5, 2020, the City Council adopted the plans and specifications for the grading, fencing, roofing and electric equipment relocation. This work was completed on March 2, 2023. On the morning of March 8, 2023, a fire broke out at the core of the building in the existing bathroom beneath the main stair to the second level. The source of the fire was the electrical failure of a bathroom ceiling fan. The automated sprinkler went off throughout the building and The Ukiah Valley Fire Authority responded to the incident and was successful in extinguishing the fire. However, significant smoke and water damage occurred, as well as structural damage to the building’s main floor core and second level, including some exterior walls and roofing. On April 7, 2023, all Fire remediation work as a part of a separate contract with West Coast Fire and Water remediation specialists was completed.

In addition to the repair of some exterior siding, replacing windows and roofing at the second level, the exterior of the building will receive a new front entry awning, updated exterior lighting fixtures and the existing metal roll up doors will be replaced with new glazed storefront doors and windows at the new administrative office and showroom portion of the building.

The interior of the building will be repaired where required due to smoke and water damage and renovated to accommodate a new showroom, conference room, individual & shared offices, break room with kitchenette, restrooms, mezzanines, warehouses, a workshop area and storage rooms on the main level and repair of the main stair and entire second level. The interior renovation includes a new building HVAC system, new lighting, electrical outlets, and plumbing throughout. Three existing mezzanine structures will be demolished and replaced with two new mezzanines. Two existing warehouse bays will remain as storage areas for equipment.

Scope of Work Summary by CSI Division:

Div 02 - Existing Conditions: Deconstruct Mezzanines and store onsite, demolish existing flooring & walls where indicated on plans, demo existing doors & windows where indicated on plans and any other existing components (structural or not) uncovered during construction and deemed non salvageable due to fire, smoke or water damage. Patch and repair all bottoms of walls removed due to water damage, as noted on plans.

Div 03 - Concrete: Backfill & back pour ± 260 sq. ft. concrete where indicated on plans.

Div 05 - Metals: Structural steel where indicated on plans, wire mesh panel guards and screening at mezzanines and above offices.

Div 06 - Wood, Plastics & Composites: New wood beams, joists, structural framing, mezzanines, interior wall partition framing, countertops & millwork where indicated on plans.

Div 07 - Thermal & Moisture Protection: Insulation at interior & exterior walls. Waterproofing at all altered exterior walls around doors & windows.

Div 08 - Openings: New aluminum windows where indicated on plans. New interior & exterior aluminum storefront doors & office partitions where indicated on plans. Infill existing roll-up doors and patch infill wall areas with siding to match existing. New roller shades at all new windows.

Div 09 - Finishes: Ceilings, wall finishes, resilient base, flooring, painting and interior and exterior finish patching where indicated on plans.

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Div 10 - Specialties: Restroom accessories where indicated on plans.

Div 21 - Fire Suppression: The existing building is sprinklered but will need to have sprinkler heads added where required for new office areas. Fire sprinkler alterations and permit will be performed under purview of general contractor.

Div 22 - Plumbing: Renovate three existing restrooms and construct four new restrooms. New plumbing fixtures & fittings where indicated on plans.

Div 23 - HVAC: New forced air HVAC system throughout building. See mechanical plans.

Div 26 - Electrical: New lighting throughout. Replace existing exterior light fixtures. New switching, receptacles and data outlets where indicated on plans. Relocate one existing electrical panel to accommodate new office partition where indicated on plans.

Div 28 - Electronic Safety & Security: new burglar alarm integration with existing system at new building entry points.

The Contractor should familiarize himself with the local conditions of the project site. Failure to do so will in no way relieve him of the responsibility for performing any of the work or operations required as a part of this contract. Further information regarding the work or these specifications can be obtained from Mary Horger at (707) 463-6233.

12-02. Arrangement of Technical Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows:

Section No. Title
SECTION 01 10 00 - SUMMARY OF WORK AND REQUIREMENTS
SECTION 01 20 13 - REQUESTS FOR INTERPRETATION
SECTION 01 31 00 - PROJECT COORDINATION
SECTION 01 31 20 - PROGRESS MEETINGS
SECTION 01 32 16 - PROJECT SCHEDULES
SECTION 01 33 00 - SUBMITTALS
SECTION 01 40 00 - QUALITY REQUIREMENTS
SECTION 01 41 00 - REGULATORY REQUIREMENTS
SECTION 01 51 00 - TEMPORARY UTILITIES, FACILITIES AND CONTROLS SECTION 01 56 10 - SITE AND AREA CLEANUP
SECTION 01 57 23 - STORMWATER POLLUTION CONTROL SECTION SECTION 01 73 29 - CUTTING AND PATCHING REQUIREMENTS
SECTION 02 41 16 - DEMOLITION AND DISPOSAL
SECTION 02 41 19 - SELECTIVE INTERIOR DEMOLITION
SECTION 03 20 00 - REINFORCING STEEL
SECTION 03 30 00 - CAST IN PLACE CONCRETE
SECTION 06 10 00 - CARPENTRY
SECTION 06 41 13 - ARCHITECTURAL WOOD CASEWORK
SECTION 07 25 00 - BUILDING ENVELOPE UNDERLAYMENT
SECTION 07 42 13 - SIDING AND ROOFING PANELS ( METAL)
SECTION 07 62 00 - SHEET METAL FLASHING AND TRIM
SECTION 07 92 00 - JOINT SEALANTS
SECTION 08 16 00 - COMPOSITE INTERIOR DOORS
SECTION 08 41 13 - ALUMINUM STOREFRONTS
SECTION 08 51 13 - ALUMINUM WINDOWS
SECTION 08 71 00 - DOOR HARDWARE
SECTION 08 80 00 - GLAZING

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SECTION 09 21 16 - GYPSUM BOARD ASSEMBLIES
SECTION 09 65 19 - RESILIENT TILE FLOORING
SECTION 09 68 13 - CARPET TILE FLOORING
SECTION 09 90 00 - PAINTING AND COATING
SECTION 10 28 13 - TOILET ACCESSORIES
SECTION 10 40 00 - SIGNAGE
SECTION 12 24 13 - ROLLER SHADES
SECTION 21 10 00 - FIRE SUPPRESSION AND ALARM SYSTEMS
SECTION 22 30 00 - PLUMBING EQUIPMENT
SECTION 23 05 00 - HVAC
SECTION 26 00 01 - ELECTRICAL GENERAL PROVISIONS
SECTION 26 00 02 - ELECTRICAL BASIC MATERIALS AND METHODS SECTION 26 50 00 - LIGHTING SYSTEM
SECTION 32 31 13 - POLYMER COATED CHAIN LINK FENCING AND GATES 12-03. Arrangement of Plans. General locations and linear quantities of the work are shown in Attachment "A". 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation, 2018, are hereby made a part of these Special Provisions and are hereinafter referred to as "California Standard Specifications" and "California Standard Plans." Whenever in the California Standard Specifications and the California Standard Plans the following terms are used, they shall be understood to mean and refer to the following:

Department of Transportation - The City Council.

Director of Public Works - The City of Ukiah Director of Public Works.

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

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

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

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

1. (City) Special Provisions

2. (City) Project Plans

3. City Standard Plans and Details

4. California Standard Plans

5. California Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work.

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12-08. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure," and 7-1.095, "Flagging Costs," of the California Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible.

Full costs for "Maintaining Traffic", including "Flagging Costs", shall be considered as included in the various items of work and no additional compensation will be made.

12.10. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him or her of responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code or other applicable statutes relating to pollution prevention or abatement. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 12-15. Hazardous Materials. Pursuant to Section 25914.2 of the California Health and Safety Code, in the event the Contractor encounters on the site materials he or she reasonably believes to be asbestos or a hazardous substance, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed safe and shall immediately cease work on the area affected and report the condition to the City in writing. If the City determines that asbestos or hazardous substances which were not disclosed in the bid are present on the site, all work regarding the removal of those substances will be performed pursuant to a separate contract.

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SECTION 13 - CONSTRUCTION DETAILS
13-01. Technical Specifications. See Appendix A.

13-02. Contract Drawings. See Attachment A, a separately bound set entitled “100 % Construction Plans Electrical Service Center Tenant Improvement and Fire Damage Repair” dated December 19, 2023. 13-03. Supporting Product Data and Cut Sheets. See Attachment B, a supporting document with products, finishes and cut sheets that are pertinent to the project.

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

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

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

No amendments.

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BID SUBMITTAL CHECKLIST
The following is a checklist to assist you in your submission of your bid documents. Please make sure you include the following when submitting your bid documents to reduce the risk of having your bid rejected:

Did you include?...
o Proposal (Page 32)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 37)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 38)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 39)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 40)
 Filled out completely per instruction
o Statement of Experience (Page 41)
o Signature of Bidder (Page 42)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 43)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 44)
 Filled out completely per instruction
 Notarized
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing.

COU ELECTRIC SERVICE CENTER 32 Spec. No. 24-01

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CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

CITY OF UKIAH ELECTRIC SERVICE CENTER

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
Specification No. 24-01
The undersigned, as bidder,
declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

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

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BIDDING SCHEDULE
In the case of any discrepancy between the unit price and the total set forth for the item, the unit price shall prevail; provided, however, that if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any reason, or is omitted, or in the case of lump sum items, is not the same amount as the entry in the “Total” column, then the amount set forth in the “Total” column for the item shall prevail in accordance with the following:

1. As to lump sum items, the amount set forth in the “Total” column shall be the unit price;

2. As to unit basis items, the amount set forth in the “Total” column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

The Total Base Bid shall be the sum of the items in the “Total” column. In case of discrepancy between the sum of the items in the “Total” column and the amount entered as Total Base Bid, the sum of the “Total” column items shall prevail. The bid comparison will be based on the sum of the items in the “total” column for each bidder.

The Unit prices for the various Construction Items below include all costs associated with the General Conditions, Special Provisions, Requirements of the Construction Contract, and represent the total, complete, in-place cost for each specific Construction Item in accordance with the Construction Documents, including all elements, work components, accessories, and connections, shown in applicable details or required to yield a complete, sound and functional component or system appropriate for its intended function, whether or not such is specifically described or listed in any description of measurement or payment. The total amount of the Construction items below shall represent the total and complete cost of the fully functional Project. All work not specifically listed below be required to complete the work of the various construction items and the cost of such shall be considered as included throughout the various unit prices indicated.

Lowest bid will be based on the lowest Base Bid.

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NAME OF BIDDER:

SPEC #: 24-01
PROJECT NAME: CITY OF UKIAH ELECTRIC SERVICE CENTER

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR

BASE BID
ITEM
#

DESCRIPTION UNIT OF

MEASURE

QUANTITY TOTAL
1 CSI DIVISION 01 – GENERAL REQUIREMENTS LS 1 $__________________ 2 CSI DIVISION 02 – EXISTING CONDITIONS
LS 1 $__________________
3 CSI DIVISION 03 - CONCRETE
LS 1 $__________________
4 CSI DIVISION 04 – MASONRY
LS 1 $__________________
5 CSI DIVISION 05 – METALS
LS 1 $__________________
6 CSI DIVISION 06 – WOOD, PLASTICS &
COMPOSITES LS 1 $__________________
7 CSI DIVISION 07 – THERMAL & MOISTURE
PROTECTION LS 1 $__________________
8 CSI DIVISION 08 - OPENINGS
LS 1 $__________________
9 CSI DIVISION 09 - FINISHES
LS 1 $__________________
10 CSI DIVISION 10 – SPECIALTIES
LS 1 $__________________
11 CSI DIVISION 12 - FURNISHINGS
LS 1 $__________________
12 CSI DIVISION 13 – SPECIAL CONSTRUCTION
LS 1 $__________________
13 CSI DIVISION 14 – CONVEYING EQUIPMENT
LS 1 $__________________
14 CSI DIVISION 21 – FIRE SUPPRESSION
LS 1 $__________________
15 CSI DIVISION 22 - PLUMBING
LS 1 $__________________

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16 CSI DIVISION 23 - HVAC
LS 1 $__________________
17 CSI DIVISION 25 – INTEGRATED AUTOMATION
LS 1 $__________________
18 CSI DIVISION 26 – ELECTRICAL
LS 1 $__________________
19 CSI DIVISION 27 – COMMUNICATIONS
LS 1 $__________________
20 CSI DIVISION 28 – ELECTRONIC SAFETY &
SECURITY LS 1 $__________________
21 CSI DIVISION 31 – EARTHWORK
LS 1 $__________________
22 CSI DIVISION 32 – EXTERIOR IMPROVEMENTS
LS 1 $__________________
23 CSI DIVISION 33 - UTILITIES
LS 1 $__________________
TOTAL BID ==>> $__________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

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

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

Department of Industrial Relations Public Works Contractor Registration Number:_____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

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

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FAIR EMPLOYMENT PRACTICES CERTIFICATION
TO:_____________________________________________________________ ________________________________________________________________ The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein.

CITY OF UKIAH ELECTRIC SERVICE CENTER

TENANT IMPROVEMENTS AND FIRE DAMAGE REPAIR
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)