Ukiah City Council
June 4, 2025

FAIRGROUNDS STORM DRAIN REPLACEMENT ix Spec No. 25-02
AGREEMENT ............................................................................................................................................. 64 INDEMNIFICATION AGREEMENT .............................................................................................................. 68 EXAMPLE BOND FORMS............................................................................................................................ 69 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND ............ 74 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND ................................................ 75

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

FAIRGROUNDS STORM DRAIN PLANS

FAIRGROUNDS STORM DRAIN REPLACEMENT x Spec No.25-02

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR

FAIRGROUNDS STORM DRAIN REPLACEMENT
SPECIFICATION NO. 25-02
NOTICE IS HEREBY GIVEN that sealed standard proposals for FAIRGROUNDS STORM DRAIN REPLACEMENT PROJECT will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. Tuesday, July 1, 2025. Bids shall be addressed to the City Clerk and shall be endorsed “FAIRGROUNDS STORM DRAIN REPLACEMENT PROJECT.” 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# DESCRIPTION QUANTITY UNIT
1 MOBILIZATION 1 LS
2 TRAFFIC CONTROL 1 LS
3 POTHOLING 1 LS
4 TEMPORARY REMOVE/REINSTALL FENCING 1 LS
5 24" ADS N12 STORM DRAIN 462 LF
6 24" RCP STORM DRAIN (CLASS IV) 100 LF
7 30" ADS N12 STORM DRAIN 177 LF
8 36" ADS N12 STORM DRAIN 1098 LF
9 36"X36" JUNCTION BOX 1 EA
10 48"X48" JUNCTION BOX 3 EA
11 48" STORM DRAIN MANHOLE 1 EA
12 4'X6' JUNCTION BOX 2 EA
13 CONNECT EXISTING 8"-18" SD TO NEW JUNCTION BOX 3 EA
14 CONNECT NEW 24" TO EXISTING JUNCTION BOX 2 EA
15 CONNECT NEW 30" SD TO EXISTING MANHOLE 1 EA
16 CONNECT EXISTING 12" SD TO NEW 24" RCP PIPE 1 EA
17 SLURRY FILL AND ABANDON STORM DRAIN 1 LS
18 REMOVE EXISTING STORM DRAIN AND JUNCTION BOXES 1 LS
19 REMOVE AND DISPOSE REDWOOD TREE (APPROX. DBH 60 INCHES) 2 EA 20 CLEAR & GRUBB EX. BRUSH IN PIPELINE ROUTE AND DITCH 1 LS 21 GRADING AND SOIL REMOVAL 1200 CY
22 RUBBER DUCKBILL CHECK VALVE 36” 1 EA
23 TRENCH PAVING HMA 3” 4 TON
Plans and Special Provisions may be inspected and/or copies obtained from the City’s website at www.cityofukiah.com/purchasing. No bid will be considered unless it is made on the forms furnished by the City and is made in accordance with the details of the Special Provisions. Each bidder must be licensed as required by law. Further information regarding the work or these specifications can be obtained by calling Myles Fisette, Purchasing Manager at (707) 463-6225 or by email at [email protected].

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

FAIRGROUNDS STORM DRAIN REPLACEMENT xi Spec No.25-02
No contractor or subcontractor may be listed on a bid proposal for a public works unless registered with the Department of Industrial Relations (“DIR”) pursuant to Labor Code section 1725.5 except as allowed. under Labor Code section 1771.1(a). The prime contractor shall be responsible for posting job site notices as prescribed by regulation. This project is subject to compliance monitoring and enforcement by the DIR.

The City of Ukiah affirms that in any contract entered into pursuant to this advertisement, Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids in response to this invitation. Bidders are advised that the City of Ukiah is implementing DBE goals for this Project.

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the Director of the Department of Industrial Relations, State of California, 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. Copies of the General Prevailing Wage Determination (applicable to the work), for the locality in which the work is to be done are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/.

The prime contractor for the work herein shall possess a current, valid State of California, Class A (General Engineering) Contractor's License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions of certain types of securities in lieu of the City withholding a portion of the partial payments due the Contractor to insure performance under this contract.

By order of the City Council, City of Ukiah, County of Mendocino, State of California Dated:________________________ ________________________________________ Kristine Lawler, City Clerk, City of Ukiah, California
PUBLISH ONE TIME: JUNE 12, 2025

FAIRGROUNDS STORM DRAIN REPLACEMENT 1 Spec No.25-02

INSTRUCTIONS TO BIDDERS
FAIRGROUNDS STORM DRAIN REPLACEMENT shall be performed in accordance with the Plans and Special Provisions therefor adopted, to which special reference is hereby made.

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

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 thirty (30) working days. The Contractor will pay to the City the sum of five hundred ($500.00) dollars per day for each and every calendar day delay beyond the time prescribed.

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

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

FAIRGROUNDS STORM DRAIN REPLACEMENT 2 Spec No.25-02
Examination of Site, Drawings, Etc.

Each bidder shall visit the site of the proposed work and fully acquaint himself with local conditions, construction and labor required so that he or she may fully understand the facilities, difficulties and restrictions attending the execution of the work under the Contract. 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 email to the following designated contact person:

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

Location of the Work
The work to be performed is located at the State owned Redwood Empire Fairgrounds at 1055 North State Street, Ukiah CA.

FAIRGROUNDS STORM DRAIN REPLACEMENT 3 Spec No.25-02

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.
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

FAIRGROUNDS STORM DRAIN REPLACEMENT 4 Spec No.25-02
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. (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.

FAIRGROUNDS STORM DRAIN REPLACEMENT 5 Spec No.25-02
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.

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.

FAIRGROUNDS STORM DRAIN REPLACEMENT 6 Spec No.25-02
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid much check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

SECTION 4. BONDS
4-01. Faithful Performance Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit, or certificates of deposit, acceptable to the City, conditioned upon the faithful performance of all covenants and stipulations under this contract. The amount of the bond shall be 100 percent of the total contract price, as this sum is set forth in the agreement.
4-02. Material and Labor Bond. As a part of the execution of this contract, the Contractor shall furnish a bond of a surety company or other securities providing equivalent protection such as cash, letter of credit or certificates of deposit acceptable to the City in a sum not less than 50 percent of the total contract price, as this sum is set forth in the agreement for the payment in full of all persons, companies or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Sections 3247 through 3252 inclusive of the Civil Code of the State of California and any acts amendatory thereof. 4-03. Defective Material and Workmanship Bond. As a condition precedent to the completion of this contract, the Contractor shall furnish a bond of a surety company acceptable to the City in an amount not less than 5 percent (5%) of the final contract price, to hold good for a period of one (1) year after the completion and acceptance of the work, to protect the City against the results of defective materials, workmanship and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. 4-04. Notification of Surety Companies. The surety companies shall familiarize themselves with all of the conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or decreased or increased work, or of the cancellation of the contract, or of any other act or acts by the City or its authorized agents, under the terms of this contract; and failure to so notify the aforesaid surety companies of changes shall in no way relieve the surety companies of their obligation under this contract.

FAIRGROUNDS STORM DRAIN REPLACEMENT 7 Spec No.25-02
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.

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

FAIRGROUNDS STORM DRAIN REPLACEMENT 8 Spec No.25-02
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. 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.

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6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

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

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

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

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

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

All property line fences and improvements in the vicinity of the work shall be protected by the Contractor and, if they are injured or destroyed, they and any other property injured by the Contractor, his or her employees or agents, shall be restored to a condition as good as when he or she entered upon the work. 6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included 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

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Engineer elects, in lieu of such substitution, to have supplied and to retain and use, any such invention, article, material or appliance, as may by this contract be required to be supplied, in that event the Contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them, to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the Contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then in that event the Engineer shall have the right to make such substitution, or the City may pay such royalties and secure such licenses and charge the cost thereof against any money due to the Contractor from the City or recover the amount thereof from him or her and his or her sureties notwithstanding final payment under this contract may have been made.
6-07. Protection of Contractor's Work Property. The Contractor shall protect his or her work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever under his or her control, until the completion and acceptance of the work. Neither the City nor any of its agents assumes any responsibility for collecting indemnity from any person or persons causing damage to the work of the Contractor.
6-08. Regulations and Permits. The Contractor shall secure and pay for all permits, give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Plans and Special Provisions are at variance therewith, he or she shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work. The contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License. The City of Ukiah will issue a no fee encroachment permit to the Contractor allowing him or her to perform work within City right of way or within City property after the Contract Documents have been executed and insurance certificates and endorsements have been approved by the City. 6-09. Construction Utilities. The Contractor shall be responsible for providing for and in behalf of his or her work under this contract, all necessary utilities, such as special connection to water supply, telephones, power lines, fences, roads, watchmen, suitable storage places, etc.
6-10. Approval of Contractor's Plans. The approval by the Engineer of any drawing or any method of work proposed by the Contractor in accordance with paragraph 8-06 shall not relieve the Contractor of any of his or her responsibility for his or her errors therein and shall not be regarded as any assumption of risk or liability by the City or any officer or employee thereof and the Contractor shall have no claim under this contract on account of the failure or partial failure or inefficiency of any plan or method so approved. Such approval shall be considered to mean merely that the Engineer has no objection to the Contractor's using, upon his or her own full responsibility the plan or method approved.
6-11. Suggestions to the Contractor. Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility thereof. 6-12. Termination of Unsatisfactory Subcontracts. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, such subcontract shall be terminated immediately by the Contractor upon notice from the Engineer.
6-13. Preservation of Stakes and Marks. The Contractor shall preserve carefully bench marks, reference points and stakes and in case of destruction he or she shall replace his or her stakes, reference points and bench marks and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Contractor’s attention is directed to Section 7-03 of these Special Provisions. 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)

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hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

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

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

1. Contractor shall pay all mechanics and laborers employed or working upon the site of the work unconditionally and without subsequent deductions or rebate on any account the full amounts due at the time of payment at wage rates not less than those contained in the applicable prevailing wage

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determination, regardless of any contractual relationship which may be alleged to exist between the Contractor and subcontractors and such laborers and mechanics.

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

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

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

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

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

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

6. Travel and Subsistence Payments.

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

7. Apprentices.

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

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 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.

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6-23. Guaranty. All work shall be guaranteed for a period of one year from the date of acceptance by the City.

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

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

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

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

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

If the Special Provisions, the Engineer's instruction, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for inspection and, if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made at the source of supply where practicable. If any work shall be covered up without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination and properly restored at the Contractor's expense.

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

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and benchmarks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope

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

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

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

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

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

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

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

1. Stop work as specified in the notice.

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

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

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

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

6. Submit to the Engineer, within ten (10) calendar days from the effective date of the notice of termination, all of the usual documentation called for by the contract documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the effective date of the notice of termination.

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

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

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

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the contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs.

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

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

SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT
8-01. General Quality. Materials and equipment shall be new and of a quality equal to that specified or approved.

Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 8-06. Drawings, Samples and Tests. As soon as possible after execution of the contract, the Contractor shall submit to the Engineer, in quintuplicate, sufficient information including, if necessary, assembly and detail drawings to demonstrate fully that the equipment and materials to be furnished comply with the provisions and intent of these Special Provisions and Drawings. If the information thus submitted indicates the equipment or materials is acceptable, the Engineer will return one copy stamped with his or her approval; otherwise, one copy will be returned with an explanation of why the equipment or material is unsatisfactory. The Contractor shall have no claims for damages or for extension of time on account of any delay due to the revision of drawings or rejection of material. Fabrication or other work performed in advance of approval shall be done entirely at the Contractor's risk.

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

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

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

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9-01. Equipment and Methods. The work under this contract shall be prosecuted with all materials, tools, machinery, apparatus and labor and by such methods as are necessary to the complete execution of everything described, shown, or reasonably implied. If at any time before the beginning or during the progress of the work, any part of the Contractor's plant or equipment, or any of his or her methods of execution of the work, appear to the Engineer to be unsafe, inefficient, or inadequate to insure the required quality or the rate of progress of the work, he or she may order the Contractor to increase or improve his or her facilities or methods and the Contractor shall comply promptly with such orders; but, neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his or her obligation to secure the degree of safety, the quality of the work and the rate of progress required of the Contractor. The Contractor alone shall be responsible for the safety, adequacy and efficiency of his or her plant, equipment and methods. 9-02. Time of Completion. The Contractor shall promptly begin the work under this contract and shall complete and make ready for full use all portions of the project made the subject of this contract within the time set forth in the agreement bound herewith.
9-03. Avoidable Delays. Avoidable delays in the prosecution or completion of the work shall include all delays which might have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor. The City will consider as avoidable delays within the meaning of this contract (1) delays in the prosecution of parts of the work, which may in themselves be unavoidable, but do not necessarily prevent or delay the prosecution of other parts of the work nor the completion of the whole work within the time herein specified, (2) reasonable loss of time resulting from the necessity of submitting plans to the Engineer for approval and from the making of surveys, measurements, inspections, and testing and (3) such interruptions as may occur in the prosecution of the work on account of the reasonable interference of other contractors employed by the City which do not necessarily prevent the completion of the whole work within the time herein specified. 9-04. Unavoidable Delays. Unavoidable delays in the prosecution or completion of the work under this contract shall include all delays which may result, through cause beyond the control of the Contractor and which he or she could not have provided against by the exercise of care, prudence, foresight and diligence. Orders issued by the City changing the amount of work to be done, the quantity of material to be furnished or the manner in which the work is to be prosecuted and unforeseen delays in the completion of the work of other contractors under contract with the City will be considered unavoidable delays, so far as they necessarily interfere with the Contractor's completion of the whole of the work. Delays due to normally adverse weather conditions will not be regarded as unavoidable delays. However, truly abnormal amounts of rainfall, temperatures or other weather conditions for the location of the work and time of year may be considered as unavoidable delays if those conditions necessarily cause a delay in the completion of the work.
9-05. Notice of Delays. Whenever the Contractor foresees any delay in the prosecution of the work and, in any event, immediately upon the occurrence of any delay which the contractor regards as an unavoidable delay, he or she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause, in order that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if this cannot be done, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues and to what extent the prosecution and completion of the work are to be delayed thereby. 9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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

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these conditions remain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them.

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

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

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

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

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:

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(a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes on obligations that are guaranteed as to principal and interest by a federal agency of the United States.
(c) Bonds of the State of California, or those for which the faith and credit of the State of California are pledged for the payment of principal and interest.
(d) Bonds or warrants, including, but not limited to, revenue warrants, of any county, city, metropolitan water district, California water district, California water storage district, irrigation district in the State of California, municipal utility district, or school district of the State of California, which are rated by Moody's or Standard and Poor as A or better.
(e) Bonds, consolidated bonds, collateral trust debentures, consolidated debentures, or other obligations issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended; debentures and consolidated debentures issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended; bonds, or debentures of the Federal Home Loan Bank Board established under the Federal Home Loan Bank Act; and stock, bonds, debentures and other obligations of the Federal National Mortgage Association established under the National Housing Act as amended and bonds of any Federal Home Loan Mortgage Corporation.
(f) Commercial paper of "prime" quality as defined by a nationally recognized organization which rates such securities. Eligible paper is further limited to issuing corporations: (1) organized and operating within the United States; (2) having total assets in excess of five hundred million dollars ($500,000,000); and (3) approved by the Pooled Money Investment Board of the State of California. Purchases of eligible commercial paper may not exceed 180 days' maturity, nor represent more than 10 percent of the outstanding paper of an issuing corporation.
(g) Bills of exchange or time drafts on and accepted by a commercial bank, otherwise known as bankers’ acceptances, which are eligible for purchase by the Federal Reserve System. (h) Certificates of deposits issued by a nationally or state-chartered bank or savings and loan association. (i) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (j) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. 1001, et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. 1087-2).
(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.

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

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

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

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

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When changes decrease the amount of work to be done, they shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted. 10-08. Compensation for Extra Work or Work Omitted. Whenever corrections, additions, or modifications in the work under this contract change the amount of work to be done or the amount of compensation due the Contractor, excepting increases or decreases in contract items having unit contract prices for each measurable quantity installed in place, and such changes have been ordered in writing by the Engineer and approved by the City prior to the Contractor performing the extra work, then a price may be agreed upon. Failing such an agreement in price, the Contractor shall be compensated for performing extra work pursuant to the provisions of Section 4-1.05 "Changes and Extra Work", and Section 9-1.04,"Force Account" of the Standard Specifications.

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

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

B. Claims. For purposes of this Article, “Claim” means a separate demand by the Contractor, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the District.

Claims governed by this Article may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order. Claims governed by this Article must be filed no later than the date of final payment. The claim shall be submitted in writing to the District and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.

Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

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

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

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
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.

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

F. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

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

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

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.

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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.
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.

FAIRGROUNDS STORM DRAIN REPLACEMENT 25 Spec No.25-02

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Location and Scope of Work. The work to be performed is located at the State-owned Redwood Empire Fairgrounds at 1055 North State Street, Ukiah CA. Work will generally consist of removing and replacing storm drain pipe and junction boxes with new and different sizes as marked on the plans. Work includes temporary removal and replacement of existing fencing, clearing/grubbing and excavation of a drainage swale to facilitate proper drainage east. Contract start date will be August 4th, 2025 after scheduled fair activities.

The Contractor should familiarize himself with the local conditions of the project site to determine scope of vegetation removal, grading and site access. 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 Seth Strader at (707) 467-5719.

Prior to the start of excavation work, the Contractor will be required to pothole existing utilities and other underground piping for the purpose of verifying location and depth. The limited pothole information indicated on the Plans reflects a baseline sampling of potential utility conflicts identified during the design of the project. The Contractor is responsible for potholing at these locations at a minimum, though additional utility location efforts may be required by the Contractor to positively locate all utilities impacted by the project. As a part of the Work, the Contractor will be responsible for performing all survey and construction layout work and performing testing and quality control work. The Contractor should familiarize himself with the local conditions of the project sites.

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

Section No. Title
12 General Information
13 Construction Details (Special Provisions)
14 Exclusions from General Conditions
15 Amendments to General Conditions
12-03. Arrangement of Plans. General locations and linear quantities of the work are shown on the Plans. The Plans consist of six (6) sheets and are hereby made a part of the Contract Documents. 12-04. Business Licenses. The Contractor and any subcontractors shall each secure and maintain a valid City of Ukiah Business License prior to the start of any portion of the work. 12-05. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager.
12-06. Standard Specifications and Standard Plans. The Standard Specifications and Standard Plans of the California State Department of Transportation 2018, are hereby made a part of these special provisions, and are hereinafter referred to as "Standard Specifications" and "Standard Plans." These special provisions specify the qualitative technical requirements of the project.

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

Department of Transportation - The City Council.

FAIRGROUNDS STORM DRAIN REPLACEMENT 26 Spec No.25-02
Director of Public Works - The City of Ukiah Director of Public Works/City Engineer.

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

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

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

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

1. (City) Special Provisions

2. (City) Project Plans

3. City Standard Plans and Details

4. Standard Plans

5. Standard Specifications
12-07. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the work.
12-08. Public Convenience and Safety. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety" of the Standard Specifications. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass the work. 12-09. Maintaining Traffic. Attention is directed to Section 7-1.03, "Public Convenience," 7-1.04, "Public Safety," 12-1.01, “General,” and 12-3," Temporary Traffic Control Devices," of the Standard Specifications.

Streets shall be open to through vehicular traffic during non-working hours. All public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Access to abutting property, driveways and building entrances shall be maintained during the performance of the work. The Contractor is advised that commercial and residential businesses immediately abut the Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting property owners or managers of the businesses at least 5 business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations. The Contractor shall maintain safe and accessible walkways to all business entrances within the Project Area for the duration of the project. Under no circumstances shall access to any business be blocked or closed without the written approval of the City and written consent of the business owner.

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

FAIRGROUNDS STORM DRAIN REPLACEMENT 27 Spec No.25-02
12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one (1) year from the date of final acceptance, except where longer warranties are specified herein. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period.
12-12. Utilities. No water, sewer or electrical services will be provided by the owner. It is the Contractor's sole responsibility to arrange such services as necessary.
12-13. Dust Control. Dust control shall conform to the provisions of Section 18 “Dust Palliatives” of the Standard Specifications.

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

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

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

Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph. 12-14. Noise Control. The Contractor’s attention is directed to the provisions of Section 14-8.02, “Noise Control", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of these General Conditions concerning the control of noise emissions and authorized work hours and days. Between 7:00 a.m. and 7:00 p.m., noise from Contractor’s operations shall not exceed limits established by applicable laws or regulations and in no event shall exceed 86 dB at a distance of 50 feet from the noise source.

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

The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with the requirements of these General Conditions and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.
12-15. Watering. The application of water shall be performed in accordance with the provisions of Section 18, “Dust Palliatives,” of the Standard Specifications except as modified by these Special Provisions. The Contractor is advised that water may be obtained from fire hydrants within the Project Area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200.

FAIRGROUNDS STORM DRAIN REPLACEMENT 28 Spec No.25-02
12-16. Preconstruction Conference. A preconstruction conference shall be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work and among other items, the responsibilities and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-17. Progress Schedule. Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications. Critical Path Method (CPM) schedules shall be prepared using Microsoft Project software, or an equivalent software application approved by the Engineer. After baseline schedule is accepted by the Engineer, Contractor shall update and submit the CPM schedule to Engineer for review every 2 calendar weeks. 12-18. Progress Meetings. The Engineer shall schedule, arrange and conduct progress meetings. These meetings shall be conducted once per week, or as mutually agreed by Contractor and City, and shall be attended by the Contractor’s superintendent and representatives of all subcontractors, utilities, and others, who are active in the execution of the Work. The purpose of these meetings shall be to review the Contractor’s CPM schedule, resolve conflicts, and in general, coordinate and expedite the execution of the Work. Engineer will make arrangements for meetings, prepare agenda with copies for participants, preside at meetings and record the meeting minutes.
12-19. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during construction of this project. 12-20. Public Notification. The Contractor shall be responsible for all public notification regarding construction work, including detours, lane and street closures, hours of operations, and notification of affected commercial businesses and residences within 1000 feet of the construction. For any business impacted by construction, the Contractor shall provide adequately sized on-site signage indicating that businesses are open during construction.

The Contractor shall prepare public noticing via the newspaper, radio announcements, notification of the emergency vehicle agencies, public transit, Ukiah Unified School District. Access will be restricted to businesses and residents only during construction closures. Location of street closures signage shall be positioned to give motorists the ability to use alternate routes prior to coming to a dead-end road closed for construction. All proposed detours, closures and traffic control methods shall be submitted to the Engineer for approval prior noticing to the public. All public noticing shall be performed a minimum of one (1) calendar week prior to instituting traffic control, and lane or street closures. The tentative construction schedule shall be included in the public noticing, and the use of temporary traffic signalization of intersections shall be noted. The Contractor shall submit all public notice language to the City Engineer for approval prior to publication of notices. All road closures, detour routes, and traffic control including temporary lane closure plans shall be submitted by the Contractor to the City Engineer for approval prior to public noticing and use.

FAIRGROUNDS STORM DRAIN REPLACEMENT 29 Spec No.25-02
SECTION 13 - CONSTRUCTION DETAILS

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

A3A A3B A3C A10A A10B A10C A10D A10E A10F A10G
A20A A20B A20D A24A A24C A24D A24F A24G A88A ES-8A

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

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

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

DIVISION I GENERAL PROVISIONS
1 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
2 BIDDING
No Changes
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3 CONTRACT AWARD AND EXECUTION
Add to section 3-1.06:

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

The work to be performed is located at the State-owned Redwood Empire Fairgrounds at 1055 North State Street, Ukiah CA. Work will generally consist of removing and replacing storm drain pipe and junction boxes with new and different sizes as marked on the plans. Work includes temporary removal and replacement of existing fencing, clearing/grubbing and excavation of a drainage swale to facilitate proper drainage east. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
5 CONTROL OF WORK
Add to section 5-1.20A:

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

FAIRGROUNDS STORM DRAIN REPLACEMENT 30 Spec No.25-02
Replace section 5-1.26 with:

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

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

Add to section 5-1.36A:

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

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

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

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

The City reserves the right to test, at its own cost, any item of work that has been tested by the Contractor and any independent testing performed by the City shall not relieve the Contractor of his responsibility for sampling, testing, reportingand overallquality controlrequiredbytheContractDocuments.Shouldany independent testsperformed by the City indicate non-compliance with the Contract Documents, upon notice of the Engineer, the Contractor shall retest that portion of the work not in compliance to the independent test. The City will closely monitor the Contractor’s retest. Should the Contractor’s retest indicate compliance with the Contract Documents, the direct costs relatedto the retest shall be paidas extrawork pursuanttotheprovisions provided inSection 9 of the Standard Specifications. Should the Contractor’s retest indicate non-compliance, the Contractor shall remove, reconstruct, or rework the non-complying portion of work and the cost of the replacement work and retest shall be borne by the Contractor.

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

Full compensation for performing all sampling, testing, reporting, retesting, if required, and overall quality control shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.

FAIRGROUNDS STORM DRAIN REPLACEMENT 31 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to section 7-1.03:

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

Add to section 7-1.04:

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

Level 3 Critical Path Method (CPM) Progress schedule will be required for this contract and shall conform to the provisions in Section 8-1.02D, "Level 3 Critical Path Method Schedule," of the Standard Specifications. After baseline schedule is accepted by the Engineer, Contractor shall update and submit CPM schedule to Engineer for review every 2 calendar weeks. Progress schedule will be paid for as described in Section 8-1.02D(10).

Replace section 8-1.02E with:

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

Replace section 8-1.03 with:

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

Add to section 8-1.04B:

The Contractor shall obtain and pay for all permits required to complete this work except the required City of Ukiah encroachment permit for work within the City right-of-way. The Contractor shall obtain an encroachment permit from the City of Ukiah Public Works Department at no cost prior to the start of the Work. The encroachment permit will not be issued until the Contract Agreement and bonds have been executed, submitted, and accepted by the City and all insurance endorsements have been submitted to and accepted by the City’s Risk Manager.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
9 PAYMENT
Add section 9-1.18:
9-1.18A Payment Item Descriptions
Payment for Mobilization, Demobilization and Final Cleanup will be made in two (2) equal payments at the lump sum (LS) allowance in the Bid Schedule, which price shall constitute full compensation for all such work. The

FAIRGROUNDS STORM DRAIN REPLACEMENT 32 Spec No.25-02
scope of work for mobilization shall include, but not limited to, obtaining all bonds, insurance and permits, moving onto the site of all plant and equipment, submittal and approval of a schedule of values for lump sum items, and obtaining approval for all shop drawings and materials for signal equipment. Payment for demobilization and final cleanup shall occur when all required items per the Contract are fulfilled and the site is free of equipment and clean and ready for use by the public. The bid amount for Mobilization, Demobilization and Final Cleanup items shall not exceed 2.5% of the total construction contract base bid price.

Full compensation for furnishing, placing, maintaining, and removing the Traffic Control System will be paid for at the contract lump sum (LS) price, which price shall include furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing traffic control system required for direction of public vehicular and pedestrian traffic through or around the work, including preparation and implementation of the traffic control plans, pedestrian routing plans, maintaining access to businesses, noticing, temporary facilities including temporary lighting, traffic control equipment, flaggers, signs, striping, walkways, plates, barriers, and temporary pavement marker tabs, and all other pedestrian and vehicular traffic control requirements as required or specified in these
Full compensation for Remove Tree shall be paid for at the contract price per each (EA) for tree removal and disposal which shall include full compensation for furnishing all labor, materials, tools, equipment, for removal of trees and all other related work as shown on the Plans and as specified in these Construction Details, as stated in the Standard Specifications and as directed by the Engineer, and no additional allowances will be made therefor.

Full compensation for Class II Aggregate Base shall be considered as included in the prices paid for various contract items of work and no additional payment will be made. This work shall include full compensation for furnishing all plant, labor, materials, tools and equipment and doing all the work associated with aggregate base for minor concrete, new asphalt concrete roadway, and trench patching, including but not limited to, transporting, stockpiling, placing, levelling, compacting, and all incidentals, and all other related work as shown on the Plans and specified in these Construction Details, as stated in the Standard Specifications and as directed by the Engineer, and no additional allowances will be made therefor.

Full compensation for Hot Mix Asphalt will be measured and paid for at the contract unit price per ton (TON) and shall include full compensation for furnishing all labor, materials, tools, equipment, and any incidentals for doing all the work involved in furnishing and installing the asphalt concrete roadway, including but not limited to, subbase preparation, asphalt concrete placement, tack coat, hauling and disposal of materials, cleaning of materials, and other related work as shown on the Plans and specified in the Construction Details, as stated in the Standard Specifications and as directed by the Engineer, and no additional allowances will be made therefor.

Full compensation for Storm Drain Pipe (24-Inch RCP, Class IV) will be measured and paid for at the contract unit price per linear foot (LF), which price shall include full compensation for furnishing all labor, materials, tools and equipment and any incidentals for doing all the work involved in furnishing and installing drainage pipe including all pipe fittings, as shown on the plans, complete in place, all excavation and disposal of excavated material; hand digging to protect roots; root pruning; abandonment, temporary connections, removal and disposal of existing materials; connecting to new or existing pipe, catch basins, or manholes; trenching, shoring, and backfilling; dewatering; ground water disposal; controlled density fill if used; temporary and permanent trench paving; testing; and any other items when required by the work or shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Storm Drain Pipe (24-Inch ADS N12) will be measured and paid for at the contract unit price per linear foot (LF), which price shall include full compensation for furnishing all labor, materials, tools and equipment and any incidentals for doing all the work involved in furnishing and installing drainage pipe including all pipe fittings, as shown on the plans, complete in place, all excavation and disposal of excavated material; hand digging to protect roots; root pruning; abandonment, temporary connections, removal and disposal of existing materials; connecting to new or existing pipe, catch basins, or manholes; trenching, shoring, and backfilling; dewatering; ground water disposal; controlled density fill if used; temporary and permanent trench paving; testing; and any other items when required by the work or shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Storm Drain Pipe (30-Inch ADS N12) will be measured and paid for at the contract unit price per linear foot (LF), which price shall include full compensation for furnishing all labor, materials, tools and equipment and any incidentals for doing all the work involved in furnishing and installing drainage pipe including all pipe fittings, as shown on the plans, complete in place, all excavation and disposal of excavated material; hand

FAIRGROUNDS STORM DRAIN REPLACEMENT 33 Spec No.25-02
digging to protect roots; root pruning; abandonment, temporary connections, removal and disposal of existing materials; connecting to new or existing pipe, catch basins, or manholes; trenching, shoring, and backfilling; dewatering; ground water disposal; controlled density fill if used; temporary and permanent trench paving; testing; and any other items when required by the work or shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Storm Drain Pipe (36-Inch ADS N12) will be measured and paid for at the contract unit price per linear foot (LF), which price shall include full compensation for furnishing all labor, materials, tools and equipment and any incidentals for doing all the work involved in furnishing and installing drainage pipe including all pipe fittings, as shown on the plans, complete in place, all excavation and disposal of excavated material; hand digging to protect roots; root pruning; abandonment, temporary connections, removal and disposal of existing materials; connecting to new or existing pipe, catch basins, or manholes; trenching, shoring, and backfilling; dewatering; ground water disposal; controlled density fill if used; temporary and permanent trench paving; testing; and any other items when required by the work or shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Remove Existing Storm Drain and Junction Boxes will be measured and paid for at the contract unit price per lump sum (LS) which price shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for performing all work involved in the removal of existing storm drain piping, including but not limited to removal of existing asphalt concrete pavement, curb and gutter, sidewalk, base, subbase, subgrade, pipe bedding material, storm drain piping and pipe fittings, trenching and shoring, stockpiling removed materials, hauling and disposal of removed materials, placement and compaction of backfill materials and trench resurfacing, cleaning of materials, and all other related work as shown on the Plans and as specified in these Construction Details, as stated in the Standard Specifications and as directed by the Engineer, and no additional allowances will be made therefor.

Full compensation for Storm Drain Manhole (48-Inch) will be measured and paid for at the contract unit price per each (EA), which price shall include full compensation for furnishing all labor, materials, tools and equipment, and any incidentals for doing all the work involved in providing storm drain manholes including that portion of pipe not paid for under pipe; excavation, subgrade preparation, manholes, grade rings, manhole covers, providing all pipe fittings, grouting, furnishing, placing and compacting backfill material, and controlled density fill where required; furnishing, installing, and any other items necessary to place the manhole on specified fill when required by the work or shown on the Plans, and any other items when required by the work shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Storm Drain Junction Box will be measured and paid for at the contract unit price per each (EA), which price shall include full compensation for furnishing all labor, materials, tools and equipment, and any incidentals for doing all the work involved in providing storm drain drop inlets, curb inlets and catch basins including that portion of pipe not paid for under pipe; excavation, subgrade preparation, catch basin hoods and boxes, drainage inlets, providing all pipe fittings, grouting, furnishing, placing and compacting backfill material, and controlled density fill where required; furnishing, installing, and any other items necessary to place the drainage inlet on specified fill when required by the work or shown on the Plans, and any other items when required by the work shown on the Plans, not specifically enumerated in the Plans or these Specifications, and no additional allowances will be made therefor.

Full compensation for Clearing and Grubbing shall be paid for at the contract unit price per lump sum (LS), and shall include full compensation for furnishing all labor, materials, tools, and equipment, and any incidentals for doing all work involved in clearing and grubbing existing landscaped areas to facilitate the proposed landscaping improvements, including but not limited to, stockpiling, hauling, and disposing of unused material, and other related work, as shown on the Plans and specified in the Standard Specifications and these Construction Details, and as directed by the Engineer, and no additional allowances will be made therefor.

Trench Shoring and Bracing. Trench shoring and bracing shall conform to the provisions in Section 7-1.02, "Excavation Safety Plans," of the California Standard Specifications and these Special Provisions. Trench sheeting and boxing shall be withdrawn .in such a manner as to prevent caving at the walls of excavations or damage to piping, or other structures. Except as may be hereinafter modified, no sheeting shall be left in the trench and no backfill shall be made against the sheeting before it is removed. And sheeting ending below the invert of the pipe shall be left in place by' cutting off in a manner satisfactory to the Engineer. The Contractor shall obtain any necessary permits from the State of California, Division of Industrial Safety. The Contractor shall ·pay all ·costs in connection with said permits and proof of such permits shall be submitted to the Engineer prior: to

FAIRGROUNDS STORM DRAIN REPLACEMENT 34 Spec No.25-02
commencing the trench work.

Payment: Trench Shoring and bracing shall be paid for in the unit price for Storm Drain and Junction Boxes, and include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in shoring and bracing storm drain as specified in these Special Provisions and shall include the removal and disposal of all material required to accomplish the work. The adjustment provisions in Section 4 -

1.05, "Changes," of the California Standard Specifications, shall not apply to trench shoring and bracing.

Adjustments in compensation for trench shoring and bracing will be made only for increased or decreased trench shoring and bracing required by changes ordered by the Engineer, and will be made on the basis of the cost of the increased or decreased trench shoring and bracing necessary. Such adjustment will be made on a force account basis as provided in Section 9 -1.04, "Force. Account Payment," of the California Standard Specifications for increased work and estimated on the same basis in the case of decreased work. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION II GENERAL CONSTRUCTION
10 GENERAL
No Changes.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
11 WELDING
Not Used.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
12 TEMPORARY TRAFFIC CONTROL
Add to section 12-1.01:

Prior to commencing construction which will affect existing traffic, the Contractor shall submit for review by the Engineer, a Traffic Control Plan on 11" x 17" paper which contains only information specifically related to work zone traffic control, including pedestrian traffic control. The plan will show which California MUTCD typical application is to be used for each work operation. If the Contractor proposed to use the current edition of the MUTCD in specific work operations, they shall submit in writing for consideration which Typical Application Diagram will be used for each work operation. A Traffic Control Plan or proposal shall be submitted to the Engineer for review at least two weeks prior to implementation.

The Traffic Control Plan shall be prepared by, sealed and signed a California licensed civil or traffic engineer and contain a title block which contains the Contractor's name, address, phone number, project superintendent's name, contract name, dates and hours traffic control will be in effect, and a space for review acknowledgment.

The content of the Traffic Control Plan shall include, but is not limited to, the following:

A. Show location and limits of the work zone.

B. Give dimensions of lanes affected by traffic control that will be open to traffic.

C. Indicate signing, cone placement, and other methods of delineation and reference to appropriate City or Caltrans standard.

D. Dimension location of signs and cone tapers.

E. Identify side streets and driveways affected by construction and show how they will be handled.

F. Show how pedestrian access to businesses will be maintained through the construction site.

G. Show how pedestrian traffic will be handled through the construction site.

H. Show how public transit will be handled through the construction area.

I. Demonstrate how two-way traffic will be maintained.

FAIRGROUNDS STORM DRAIN REPLACEMENT 35 Spec No.25-02
J. Identify message board locations. A minimum of four (4) changeable message boards and four (4) arrow boards shall be required.

No work except for installation of project identification signs will be allowed to commence prior to approval of the Work Zone Traffic Control Plan.

Replace section 12-1.03 with:

The Contractor shall be responsible for all costs of furnishing all flaggers, including transporting flaggers and furnishing all materials and equipment to provide passage of traffic through the work as specified in section 7-1.03 and 7-1.04.

Add to section 12-3.01A(1):

Construction area traffic control signs, equipment and devices shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 7-1.03 and Section 12 of the Standard Specifications, the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD), and as directed by the Engineer.

Notify Underground Services Alert (USA) at (800) 227-2600 or 811 a minimum of two (2) working days prior to installing signposts.

Attention is directed to Sections 7-1.03, "Public Convenience," 7-1.04, "Public Safety," and 12, "Temporary Traffic Control," of the Standard Specifications and to the Section entitled "Public Safety" elsewhere in these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from these responsibilities.

Replace section 12-3.20D with:

Attention is directed to "Public Safety" and "Order of Work" of these special provisions.

Temporary railing (Type K) placed in conformance with the provisions in "Public Safety" of these special provisions will be neither measured nor paid for. The cost to provide temporary railing (Type K) is included in the various items of work.

Add to section 12-3.32C:

Start displaying the message on the portable changeable message signs 15 minutes before closing the lane.

Provide four (4) portable changeable message signs.

Place the portable changeable message signs in advance of the 1st warning sign for each:

1. Stationary lane closure

2. Detour
For 5 days, starting on the day of Notice of Substantial Completion, place 1 portable changeable message sign in each direction of travel located 300 feet in advance of the northern and southern project limits and display the following message: "CHANGED CONDITIONS AHEAD." Add to section 12-4.02A:

The Work Area 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. Access to abutting property, businesses and driveways shall be maintained during the performance of the work. The Contractor is advised that commercial businesses abut the entire Project Area. The Contractor shall provide advance written notification of the work and of temporary closures of driveways to the abutting owners or managers of the business at least five (5) business days prior to the start of the Work or the temporary closure of the driveway to the respective business property. The format and content of the Notice by the Contractor shall be approved by the Engineer prior to its issuance to the public. The Contractor shall provide trench plates at driveways and left turn pockets after the trench and roadway excavation has been made at those particular locations.

FAIRGROUNDS STORM DRAIN REPLACEMENT 36 Spec No.25-02
Full costs for "Traffic Control System," including "Flagging Costs" and providing and maintaining access to abutting property, shall be considered as included in the bid item for “Traffic Control System,” and no additional compensation will be made therefor.

Designated holidays are shown in the following table:

Designated Holidays
Holiday Date observed
New Year's Day January 1st
Washington's Birthday 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
If a designated holiday falls on a Sunday, the following Monday is a designated holiday. If November 11th falls on a Saturday, the preceding Friday is a designated holiday.

Personal vehicles of your employees shall not be parked on the traveled way or shoulders, including sections closed to traffic.

For all work, if work vehicles or equipment are parked within 6 feet of a traffic lane, close the shoulder area with fluorescent orange traffic cones or portable delineators. Place the cones or delineators on a taper in advance of the parked vehicles or equipment and along the edge of the traveled way at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. Use at least 9 cones or delineators for the taper. Use a W20-1, "Road Work Ahead," W21-5b, "Right/Left Shoulder Closed Ahead," or C24(CA), "Shoulder Work Ahead," sign mounted on a crashworthy, portable sign support with flags. The sign must be 48 by 48 inches and placed as ordered by the Engineer. If a cone or delineator is displaced or overturned, immediately restore the device to its original position or location.

No work shall commence until Contractor’s Traffic Control Plan has been approved by the Engineer.

Exact locations of Project Identification signs and Advance Notice signs shall be determined in the field by the Engineer.

Except as noted elsewhere, only one lane may be closed at a time and no lanes shall be closed at any other hours unless specifically approved by the Engineer. The Contractor shall maintain vehicle access to adjacent streets, homes, businesses and other properties at all times while work is in progress except when necessary construction precludes such access for reasonable periods of time as determined by the Engineer.

When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 12 feet without written approval from the Engineer.

The Contractor will be required to maintain vehicle access to homes, businesses and other properties within the block where work is in progress.

The Contractor shall keep the City of Ukiah Fire Department informed regarding the closure of any traveled way. At a minimum, the Contractor shall call the Fire Department at (707) 463-6261 daily to report any traveled way closure. This requirement applies immediately upon closure for that day and again immediately after removal of the closure. For closures over multiple days, the daily notification still applies. This requirement does not apply for single lane closures on multiple lane local streets.

FAIRGROUNDS STORM DRAIN REPLACEMENT 37 Spec No.25-02
If the Contractor has been given an approved Traffic Control Plan that includes road closures, they will be required to maintain vehicular access to homes, businesses and other properties where work is in progress within the closure area.

Existing and regulatory signs are to be temporarily relocated, as directed by the Engineer, until new traffic signals are in place and operable for two-way traffic.

Seventy-two (72) hours prior to construction, the Contractor shall place a notice on each front door, and attempt to notify each owner or tenant verbally that work will be underway within his block between stated hours, and request that cars be parked out of the roadway by 9:00 a.m. Service of notice shall not bar use of cars within the block; however, as individual plans change and emergencies may arise.

Cross streets will require maintenance of at least one-half (½) width of each street for traffic purposes, unless a parallel route is approved by the Engineer. Flagging will only be allowed between the hours of 9:00 a.m. and 3:00 p.m.

Existing traffic signals shall remain in service at all times.

Barricades and flaggers shall be positioned to allow safe turns at intersections.

Replace section 12-4.02A(3)(b) with:

Every Monday by noon, submit a closure schedule request of planned closures for the next week period. The next week period is defined as Friday midnight through the following Friday midnight.

Submit a closure schedule request not less than 25 days and not more than 125 days before the anticipated start of any activity that reduces:

1. Horizontal clearances of traveled ways, including shoulders, to 2 lanes or less due to activities such as temporary barrier placement and paving

2. Vertical clearances of traveled way, including shoulders, due to activities such as pavement overlays, overhead sign installation, falsework, or girder erection Submit closure schedule amendments, including adding additional closures, by noon at least three (3) business days before a planned closure.

Cancel closure requests by notifying the City at least 48 hours before the start time of the closure.

You will be notified by the City of unauthorized closures or closures that require coordination with other parties as a condition for authorization.

The Engineer may reschedule a closure cancelled due to unsuitable weather.

If a closure is not opened to traffic by the specified time, suspend work. No further closures are allowed until the Engineer has reviewed and authorized a work plan submitted by you that ensures that future closures will be opened to traffic by the specified time. Allow 2 business days for review of your proposed work plan. The City does not compensate you for your losses due to the suspension of work resulting from the late opening of closures.

Notify the Engineer of delays in your activities caused by:

1. Your closure schedule request being denied although your requested closures are within the specified time frame allowed for closures. The City does not compensate you for your losses due to amendments to the closure schedule that are not authorized.

2. Your authorized closure being denied.

If you are directed to remove a closure before the time designated in the authorized closure schedule, you will be compensated for the delay.

FAIRGROUNDS STORM DRAIN REPLACEMENT 38 Spec No.25-02
Add to section 12-4.02C(7):
12-4.02C(7)(a) General
Section 12-4.02C(7)(c) includes specifications for closing traffic lanes, with stationary lane closures on multilane highways. The traffic control system for a lane closure must comply with the details shown.

Traffic control system includes signs.

Each vehicle used to place, maintain, and remove components of a traffic control system on a multilane highway must be equipped with a Type II flashing arrow sign that must be in operation whenever the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with a Type II flashing arrow sign not involved in placing, maintaining, or removing the components if operated within a stationarytype lane closure must display only the caution display mode. The sign must be controllable by the operator of the vehicle while the vehicle is in motion. If a flashing arrow sign is required for a lane closure, the flashing arrow sign must be operational before the lane closure is in place.

Whenever components of the traffic control system are displaced or cease to operate or function as specified from any cause, immediately repair the components to the original condition or replace the components and restore the components to the original location.

For a stationary lane closure made only for the work period, remove the components of the traffic control system from the traveled way and shoulder, except for portable delineators placed along open trenches or excavation adjacent to the traveled way at the end of each work period. You may store the components at selected central locations designated by the Engineer within the limits of the highway.

Add to section 12-4.04:

The Contractor is directed to Chapter 6D, Pedestrian and Worker Safety, in the California MUTCD, the improvement Plans, and these special provisions.

Pedestrians shall be provided with a safe, convenient and accessible path that, at a minimum, replicates the most desirable characteristics of the existing sidewalk, path or footpath and maintains pedestrian access to all businesses.

The Contractor shall construct and maintain temporary pedestrian pathways through the work zone, where required, and to all businesses that shall be in compliance with the requirements of the Americans with Disabilities Act (ADA) and the MUTCD.

Pedestrian routes shall not be impacted for the purposes of any non-construction activities such as parking of vehicles or equipment, or stock piling of materials.

Pedestrians shall not be led into conflicts with work site vehicles, equipment or operations. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
13 WATER POLLUTION CONTROL
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
14 ENVIRONMENTAL STEWARDSHIP
Replace section 14-2.03A with:

Section 14-2.02 applies if archaeological resources are discovered at the job site. Archaeological resources include chipped or ground stone, historic debris, building foundations and human bone. Do not disturb the resources and immediately:

1. Stop all work within 100 feet of the discovery.

2. Protect the discovery area.

FAIRGROUNDS STORM DRAIN REPLACEMENT 39 Spec No.25-02

3. Notify the Engineer.

The City of Ukiah will provide a qualified archaeologist to assess the significance of the find and, if necessary, develop appropriate treatment measures in consultation with the City and other appropriate agencies.

Replace section 14-4.01 with:

If human remains of Native American origin are discovered during project construction, it is necessary to comply with state laws relating to the disposition of Native American burials, which fall within the jurisdiction of the Native American Heritage Commission (NAHC) (PRC 5097). If any human remains are discovered or recognized in any location other than a dedicated cemetery, there will be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:

1. The county coroner has been informed and has determined that no investigation of the cause of death is required; and

2. If the remains are of Native American origin, the descendants of the deceased Native Americans have made a recommendation to the landowner or the person responsible for the excavation work for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provide in the PRC 5097.98.

Or:

3. The NAHC was unable to identify a decedent, or the descendent failed to make a recommendation within 24 hours after being notified by the commission.

If human remains are discovered during any demolition/construction activities, all ground-disturbing activities within a 330-foot radius of the remains shall be halted immediately, and the Mendocino County coroner shall be notified immediately, according to Section 5097.98 of the state Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the NAHC shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The City shall consult with the Most Likely Descendant, if any, identified by the NAHC regarding the treatment and disposition of the remains.

Should paleontological resources be identified at any project construction site, the Contractor shall cease operation within a 330-foot radius of the discovery and immediately notify the City. The City will provide a qualified paleontologist to provide an evaluation of the find and to prescribe mitigation measures to reduce impacts to a less-than-significant level. In considering any suggested mitigation proposed by the paleontologist, the City shall determine whether avoidance is necessary and feasible in light of factors such as the nature of the discovery, project design, costs, land use assumptions, and other considerations. If avoidance is unnecessary or infeasible, other appropriate measures shall be instituted. Work may proceed on other parts of the project site while mitigation for paleontological resources is carried out.

Add to section 14-6.03B:

Construction shall not cause nest abandonment of special-status species of birds or destruction of active nests of species protected by the Migratory Bird Treaty Act or Section 3503 of the California Department of Fish and Wildlife (CDFW) Code (protection of nesting passerines). The following measures shall be implemented to avoid disturbing any special status species nesting above ground. Vegetation removal conducted during the nesting period shall require a pre-construction survey for active bird nests, conducted by a qualified biologist. No known active nests shall be disturbed without a permit or other authorization from the U.S. Fish and Wildlife Service (USFWS) and the CDFW.

1. For earth-disturbing activities occurring during the breeding season (March 1 through September 1), a qualified biologist shall conduct pre-construction surveys of all potential nesting habitat for all birds within 500 feet of earth disturbing activities.

2. If active special status bird nests are found during pre-construction surveys:
a. A 500-foot no-disturbance buffer shall be created around active raptor nests during the breeding season or until it is determined that all young have fledged.

FAIRGROUNDS STORM DRAIN REPLACEMENT 40 Spec No.25-02
b. A 250-foot buffer zone will be created around the nests of other special status birds and of all other birds that are protected by CDFW Code 3503. These buffer zones are consistent with CDFW avoidance guidelines; however, they may be modified in coordination with CDFW based on existing conditions at the project site.

3. If preconstruction surveys indicated that nests are inactive or potential habitat is unoccupied during the construction season, no further mitigation is required. Shrubs and trees that have been determined to be occupied by special status birds or that are located 500 feet from active nests may be removed.

4. If vegetation removal activities are delayed or suspended for more than two weeks after the preconstruction survey, the areas shall be resurveyed.

The City of Ukiah will provide a qualified biologist. The Contractor shall coordinate with the City of Ukiah and the biologist and schedule all surveys sufficiently in advance so as to not cause delays in the Work. The Contractor shall anticipate and incorporate such surveys into the construction schedule.

Replace the 2nd paragraph of section 14-8.02 with:

The Contractor’s attention is directed to the provisions of Section 14-8, “Noise and Vibration", of the Standard Specifications and Section 9.08, Saturday, Sunday, Holiday, and Night Work, of the General Conditions concerning the control of noise emissions and authorized work hours and days.

Do not exceed 86 dBA LMax at 50 feet from the job site activities from 7:00 p.m. to 7:00 a.m. except you may operate equipment within the project limits during these hours to:

1. Service traffic control facilities

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

The City shall provide a Noise Disturbance Coordinator who shall be responsible for acting on any local complaints concerning the construction noise being generated by reason of the work of the project. The Contractor shall conspicuously post a telephone number for the Noise Disturbance Coordinator at the construction site and he shall include it in the construction schedule notice to be provided to the residents. The Noise Disturbance Coordinator shall investigate the noise complaint allegations and shall require the Contractor to implement reasonable measures to mitigate the noise level in accordance with these requirements and of the Standard Specifications.

The Contractor shall locate all stationary noise generating construction equipment such as air compressors and generators as far as practical from the nearby residences and other noise sensitive land uses. The noise source shall be acoustically shielded when practical. The Contractor shall prohibit unnecessary idling of internal combustion engines.

Add to section 14-9.02:

The Contractor shall comply with the Mendocino County Air Quality Management District Rules 1-410 and 4- 130.

Add to section 14-11.08E:

Dust control shall conform to the provisions of Section 14-11.08E and Section 18 of the Standard Specifications.

In accordance with the recommendations contained in the certified Project EIR, all active construction areas shall be watered at least twice daily and more often during hot or windy periods. The active areas adjacent to businesses and residential areas shall be kept damp at all times. Hauling trucks shall be covered or at least a twofoot freeboard shall be maintained.

Unpaved access roads, parking areas for construction equipment and construction employee vehicles, staging areas, and storage areas shall be paved with hot mix asphalt or have a stabilized access in accordance with the Plans and referenced details. Unpaved construction staging areas shall receive the application of either water twice daily or non-toxic soil stabilizers. All paved access roads, parking areas, staging areas, storage areas, and

FAIRGROUNDS STORM DRAIN REPLACEMENT 41 Spec No.25-02
public roads impacted by the work of the project shall be swept daily with street sweepers equipped with water spray to remove soil materials that have been deposited on these surfaces by reason of the work.

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

Traffic speeds on unpaved surfaces shall be limited to a maximum speed of 15 mph. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
15 EXISTING FACILITIES
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
16 TEMPORARY FACILITIES
No Changes.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION III EARTHWORK AND LANDSCAPE
17 GENERAL
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Add to section 17-2.03A:

This work shall consist of removing all objectionable material within the limits shown on the Plans and as directed by the Engineer. Clearing and grubbing shall be performed in advance of grading operations and in accordance with the requirements of these Special Provisions.

Special care shall be taken by the Contractor to protect adjacent property, improvements, utilities facilities, lawns, landscape features and landscape irrigation and shrubbery from damage. Any such objects or improvements so damaged shall be replaced or restored in kind by the Contractor, at his own expense, to the satisfaction of the Engineer.

All existing street designation and traffic control signs and posts within the limits of work shall be carefully removed, cleaned of excess earth and debris, and delivered to the City, except those that are required for traffic control as determined by the Engineer or as shown on the Plans to be relocated.

The area to be cleared and grubbed shall be the area shown on the Plans, unless otherwise specified.

All stumps, large roots, and other objectionable materials shall be removed to a depth of 3 feet below finished grade in the area between curbs, and to a depth of 12 inches below finished grade in the area between curb and public utility easement line. The resulting spaces shall be backfilled with suitable fill material placed and compacted in accordance with the applicable provisions of Section 19-6.03 of the Standard Specifications. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
18 DUST PALLIATIVE
Add to section 18-1.01A:

The application of water and the developing of a water supply shall be performed in accordance with the provisions of Section 18, “Dust Palliative,” of the Standard Specifications except as modified by these Special Provisions.

The Contractor is advised that water may be obtained from fire hydrants within the project area under permit with the City’s Public Utilities Department and upon the payment of a meter deposit. Permit application and inquiry as to the water usage fees are to be made at Public Utilities Department-Water Division Building within the City’s Corporation Yard located at 1320 Airport Road, (707) 463-6200. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
19 EARTHWORK
Not Used

FAIRGROUNDS STORM DRAIN REPLACEMENT 42 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
20 LANDSCAPE
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
21 EROSION CONTROL
Not Used
Add to section 21-2.03A:

Remove sediment deposits from inside of existing storm drains and culverts shown on the Plans. ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
22 FINISHING ROADWAY
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION IV SUBBASES AND BASES
23 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 24 STABILIZED SOILS
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
26 AGGREGATE BASES
Add to section 26-1.02A:

Aggregate base shall be Class 2 3/4" inch maximum.

Aggregate base shall be placed, moisture conditioned, graded, and compacted to the grades or limits shown on the Plans.

Add to section 26-1.02B:

Construction of the new aggregate base shall conform to Section 26 of the Standard Specifications. Grading shall comply with the requirements of Section 19 of the Standard Specifications and these special provisions.

During any grading operations, the Contractor is directed to Section 7, “Legal Relations and Responsibility to the Public”. The Contractor shall protect any items, facilities, or improvements, as necessary, in order to avoid causing damage.

The existing subgrade material below the new aggregate base shall be prepared as described in Section 19 of these special provisions.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
27 CEMENT TREATED BASES
Not Used

FAIRGROUNDS STORM DRAIN REPLACEMENT 43 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
28 CONCRETE BASES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
29 TREATED PERMEABLE BASES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
30 RECLAIMED PAVEMENT
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
31–35 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION V SURFACINGS AND PAVEMENTS
36 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
37 BITUMINOUS SEALS
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
38 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
39 ASPHALT CONCRETE
Add to section 39-2.01A(1):

Test method Year of publication
AASHTO T322 - Standard Method of Test for Determining the Creep Compliance and Strength of Hot Mix Asphalt (HMA) Using the Indirect Tensile Test Device 2007
AASHTO TP 79 - Standard Method of Test for Determining the Dynamic Modulus and Flow Number for Asphalt Mixtures Using the Asphalt Mixture Performance Tester (AMPT)
2018
ASTM D2172 - Standard Test Methods for Quantitative Extraction of Bitumen from Bituminous Paving Mixtures
2017
ASTM D6433 - Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys
2018
Extraction of Aramid Fibers from Fiber Reinforced Asphalt Concrete – Special Test Method (Attached)
2014

FAIRGROUNDS STORM DRAIN REPLACEMENT 44 Spec No.25-02
Add to section 39-2.02C:

During the entire construction period, the Contractor shall take care to protect existing pavement and concrete surfaces. Surfaces scarred by cleanup or equipment shall be repaired in a manner satisfactory to the Engineer. Any and all damage caused by the Contractor's operations to existing roads and streets shall be repaired by the Contractor to at least the original condition and to the satisfaction of the Engineer, at no additional cost to the City.

If pavement is damaged (excessive loading, grouser marking, scarring/scraping of pavement, etc.) outside the limits of the work, a full lane width grinding and overlay will be required as directed by the Engineer at no additional compensation to the Contractor.

Ensure the area is clean and dry. All material accumulations which would interfere with the adhesion of the tack coat or with the placing and performance of the HMA shall be removed, including dust, loose aggregate, soil, leaves, and pieces or lumps of other foreign material deposited on the surface.

A tack coat shall be applied to existing pavement including planed surfaces, between HMA layers, and to vertical surfaces of curbs, gutters and construction joints at the minimum residual rates specified in Section 39-2.01C(3)(f) “Tack Coat” of the Standard Specifications.

Before placing HMA, a tack coat shall be furnished and applied uniformly to contact surfaces of all cold pavement joints, curbs, gutters, pavement reinforcing fabric and all existing pavement to be surfaced in conformance with Section 39 of the Standard Specifications.

Tack coat shall be applied to any course in advance of spreading the next course unless the surface temperature is at least 140 °F.

Hot mix asphalt shall not be placed until tack coat has cured.

Immediately in advance of placing HMA, apply additional tack coat to damaged areas or where loose or extraneous material is removed.

Close areas receiving tack coat to traffic. Do not track tack coat onto pavement surfaces beyond the job site.

Placing HMA shall be done under suitable weather conditions for such operations. Rain, snow or other inclement weather will be cause for discontinuing paving Work. The Engineer shall have the authority for determining whether weather conditions are sufficient cause to postpone work.

Spreading and compacting shall be performed in accordance with Section 39-2.01C and Section 39-2.02C of the Standard Specifications.

HMA shall be transferred from the trucks into the hopper of the paving machine by means of a shoulder machine equipped with a conveyor belt. Any equipment used to transfer asphalt concrete to the paving machine shall not exceed the load capacity of any surface it is driven over and, therefore, shall not produce rutting or pumping of the existing roadway surface or newly placed HMA at any time. No trucks or other rubber-tired construction equipment are allowed on the subgrade at any time except when proofrolling in the presence of the Engineer.

Longitudinal joints in the top layer must match specified lane edges shown on the striping Plans. Longitudinal joints in lower HMA layers shall be offset at least 0.5 feet from each side of the specified lane edges.

Finish rolling shall be completed before pavement surface temperature is below 150 degrees F.

Traffic shall not be allowed on HMA until mid-depth temperature is below 160 degrees F and the pavement surface temperature is below 140 degrees F.

The completed surfacing shall be true to grade and cross section, of uniform smoothness and texture, compacted firmly and free from depressions, humps or irregularities.

Dikes shall be shaped and compacted with equipment capable of shaping and compacting the material to the

FAIRGROUNDS STORM DRAIN REPLACEMENT 45 Spec No.25-02
required cross section.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
40 CONCRETE PAVEMENT
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
41 EXISTING CONCRETE PAVEMENT
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
42 GROOVE AND GRIND CONCRETE
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
43–44 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION VI STRUCTURES
45 GENERAL
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
46 GROUND ANCHORS AND SOIL NAILS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
47 EARTH RETAINING SYSTEMS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
48 TEMPORARY STRUCTURES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
49 PILING
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
50 PRESTRESSING CONCRETE
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
51 CONCRETE STRUCTURES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
52 REINFORCEMENT
Not Used

FAIRGROUNDS STORM DRAIN REPLACEMENT 46 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
53 SHOTCRETE
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
54 WATERPROOFING
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
55 STEEL STRUCTURES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
56 OVERHEAD SIGN STRUCTURES, STANDARDS, AND POLES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
57 WOOD AND PLASTIC LUMBER STRUCTURES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
58 SOUND WALLS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
59 STRUCTURAL STEEL COATINGS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
60 EXISTING STRUCTURES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION VII DRAINAGE
61 GENERAL
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
62-63 RESERVED
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
64 PLASTIC PIPE
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
65 CONCRETE PIPE
No Changes

FAIRGROUNDS STORM DRAIN REPLACEMENT 47 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
66 CORRUGATED METAL PIPE
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
67 STRUCTURAL PLATE CULVERTS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
68 SUBSURFACE DRAINS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
69 OVERSIDE DRAINS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
70 MISCELLANEOUS DRAINAGE FACILITIES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
71 EXISTING DRAINAGE FACILITIES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 SLOPE PROTECTION
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
73 CONCRETE CURBS AND SIDEWALKS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
74 PUMPING EQUIPMENT AND CONTROLS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
75 MISCELLANEOUS METAL
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
76 WELLS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
77 LOCAL INFRASTRUCTURE
No Changes

FAIRGROUNDS STORM DRAIN REPLACEMENT 48 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
78 INCIDENTAL CONSTRUCTION
Not used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
79 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
80 FENCES
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION IX TRAFFIC CONTROL FACILITIES
81 MISCELLANEOUS TRAFFIC CONTROL DEVICES
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
82 SIGNS AND MARKERS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
83 RAILINGS AND BARRIERS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
84 MARKINGS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
85 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
86 GENERAL
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
87 ELECTRICAL SYSTEMS
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
88 UNDERGROUNDING
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION XI MATERIALS
89 AGGREGATE
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
90 CONCRETE
No Changes

FAIRGROUNDS STORM DRAIN REPLACEMENT 49 Spec No.25-02
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
91 PAINT
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
92 ASPHALT BINDERS
No Changes
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
93 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
94 ASPHALTIC EMULSIONS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
95 EPOXY
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
96 GEOSYNTHETICS
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
97–98 RESERVED
Not Used
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

DIVISION XII BUILDING CONSTRUCTION
99 BUILDING CONSTRUCTION
Not Used

FAIRGROUNDS STORM DRAIN REPLACEMENT 50 Spec No.25-02
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.

FAIRGROUNDS STORM DRAIN REPLACEMENT 51 Spec No.25-02

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:
o Proposal (Page 52)
 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 56)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 57)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 57)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 59)
 Filled out completely per instruction
o Statement of Experience (Page 60)
o Signature of Bidder (Page 61)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 62)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 63)
 Filled out completely per instruction
 Notarized
o Addenda
o Check the City website for any addenda issued: www.cityofukiah.com/purchasing Please note that actual acknowledgment of addenda is not required to submit with your bid. Refer to Section 1-11 and 3-07 of the General Conditions.

FAIRGROUNDS STORM DRAIN REPLACEMENT 52 Spec No.25-02

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR

FAIRGROUNDS STORM DRAIN REPLACEMENT
SPECIFICATION NO. 25-02
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:

FAIRGROUNDS STORM DRAIN REPLACEMENT 53 Spec No.25-02

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, not including the add alternate bid item.

FAIRGROUNDS STORM DRAIN REPLACEMENT 54 Spec No.25-02
NAME OF BIDDER:

SPEC #: 25-02
PROJECT NAME: FAIRGROUNDS STORM DRAIN REPLACEMENT
Item
No. Description Unit of
Measure Quantity Unit Price Total
1 MOBILIZATION LS 1 $__________ $_____________________
2 TRAFFIC CONTROL LS 1 $__________ $_____________________ 3 POTHOLING LS 1 $__________ $_____________________
4 TEMPORARY REMOVE/REINSTALL FENCING LS 1 $__________ $_____________________ 5 24" ADS N12 STORM DRAIN LF 462 $__________ $_____________________ 6 24" RCP STORM DRAIN (CLASS IV) LF 100 $__________ $_____________________ 7 30" ADS N12 STORM DRAIN LF 177 $__________ $_____________________ 8 36" ADS N12 STORM DRAIN LF 1098 $__________ $_____________________ 9 36"X36" JUNCTION BOX EA 1 $__________ $_____________________ 10 48"X48" JUNCTION BOX EA 3 $__________ $_____________________ 11 48" STORM DRAIN MANHOLE EA 1 $__________ $_____________________ 12 4'X6' JUNCTION BOX EA 2 $__________ $_____________________ 13 CONNECT EXISTING 8"-18" SD TO NEW
JUNCTION BOX EA 3 $__________ $_____________________
14 CONNECT NEW 24" TO EXISTING JUNCTION
BOX EA 2 $__________ $_____________________
15 CONNECT NEW 30" SD TO EXISTING
MANHOLE EA 1 $__________ $_____________________
16 CONNECT EXISTING 12" SD TO NEW 24"
RCP PIPE EA 1 $__________ $_____________________
17 SLURRY FILL AND ABANDON STORM DRAIN LS 1 $__________ $_____________________ 18 REMOVE EXISTING STORM DRAIN AND
JUNCTION BOXES LS 1 $__________ $_____________________
19 REMOVE AND DISPOSE REDWOOD TREE
(APPROX. DBH 60 INCHES) EA 2 $__________ $_____________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 55 Spec No.25-02
20 CLEAR & GRUBB EX. BRUSH IN PIPELINE
ROUTE AND DITCH LS 1 $__________ $_____________________ 21 GRADING AND SOIL REMOVAL CY 1200 $__________ $_____________________ 22 RUBBER DUCKBILL CHECK VALVE 36” EA 1 $__________ $_____________________ 22 TRENCH PAVING HMA 3" TON 4 $__________ $_____________________ TOTAL BASE 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:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 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.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 56 Spec No.25-02

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.

FAIRGROUNDS STORM DRAIN REPLACEMENT
________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

FAIRGROUNDS STORM DRAIN REPLACEMENT 57 Spec No.25-02

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

Witness my hand this________ day of _______________, 200____ Signature of Bidder, with Business Address:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 58 Spec No.25-02

CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT
The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards.

Signature and address of Bidder:
__________________________________________________ Date_____________ __________________________________________________
__________________________________________________
__________________________________________________
(This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.)

FAIRGROUNDS STORM DRAIN REPLACEMENT 59 Spec No.25-02

LIST OF PROPOSED SUBCONTRACTORS
In compliance with the provisions of Sections 4100-4108 of the California Public Contract Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service in or about the construction site or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of 1 percent of the total bid and (b) the California Contractor License Number for each subcontractor, and (c) the portion of the work to be done by each subcontractor.(See General Conditions Section 1-09.) Include with the name of each sub-contractor their Department of Industrial Relations Public Works Contractor Registration Number.

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR
DIR

REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION

OF WORK

FAIRGROUNDS STORM DRAIN REPLACEMENT 60 Spec No.25-02

STATEMENT OF EXPERIENCE OF BIDDER
The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 61 Spec No.25-02

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

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

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

License No. ______________________________, License Expiration Date .

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

Business address: ___________________________________________________ ___________________________________________________
Place of residence: ___________________________________________________ ___________________________________________________
Dated: __________________

CITY OF UKIAH

FAIRGROUNDS STORM DRAIN REPLACEMENT 62 Spec No.25-02
Mendocino County, California

BIDDER'S BOND

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on JULY 1, 2025 for FAIRGROUNDS STORM DRAIN REPLACEMENT.

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

IN WITNESS WHEREOF, we have hereunto set our hands and seals on this ______ day of ________________, A.D. 20_____.
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) __________________________________________________(Seal) __________________________________________________(Seal) Surety
Address: __________________________________________________________ __________________________________________________________ __________________________________________________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 63 Spec No.25-02

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

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing FAIRGROUNDS STORM DRAIN REPLACEMENT by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
__________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________

NOTARIZATION
Subscribed and sworn to before me this ______ day of _________, 20____. __________________________________________________
Notary Public in and for the County of______________________________, State of California.

My Commission Expires ________________________, 20 ____.

FAIRGROUNDS STORM DRAIN REPLACEMENT 64 Spec No.25-02

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR

FAIRGROUNDS STORM DRAIN REPLACEMENT
SPECIFICATION NO. 25-02
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:

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

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

That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within 120 WORKING days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer Article II. Contract Prices.

That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the

FAIRGROUNDS STORM DRAIN REPLACEMENT 65 Spec No.25-02
nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

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

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

Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.
(e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for

FAIRGROUNDS STORM DRAIN REPLACEMENT 66 Spec No.25-02
each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

Article IV. Parts of the Contract.

That the complete contract consists of the following documents, all of which shall be considered a part of this agreement.

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

FAIRGROUNDS STORM DRAIN REPLACEMENT 67 Spec No.25-02

8. Contract Bonds

9. Contract Drawings and Construction Details

10. Standard Drawings

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

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________

CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________

CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________

CONTRACTOR
Attest: ______________________________________________________________ Title: ______________________________________________________________ The foregoing contract is approved as to form and legality this ______ day of ______________, 20 ____. __________________________________________________

CITY ATTORNEY, CITY OF UKIAH

FAIRGROUNDS STORM DRAIN REPLACEMENT 68 Spec No.25-02

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

Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.

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

Accordingly, Contractor agrees as follows:

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

CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________

FAIRGROUNDS STORM DRAIN REPLACEMENT 69 Spec No.25-02

CITY OF UKIAH
Mendocino County, California

PERFORMANCE BOND
BOND No._____________________
KNOW ALL PERSONS BY THESE PREESNTS:

THAT WHEREAS, the City of Ukiah, organized and operating under the laws of the State of California, (hereinafter referred to as the “City”) has awarded to ______________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract No. _______________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract for the Project dated _______________________, (hereinafter referred to, together with all attachments and exhibits thereto, as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by the Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, __________________________, the undersigned Contractor and _________________________, as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held firmly bound until the City in the sum of ______________________________ ($_________________), for which amount well and truly to be made, we bind ourselves, our heirs ,executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorneys’ fees, incurred by the City in enforcing such obligation.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract

FAIRGROUNDS STORM DRAIN REPLACEMENT 70 Spec No.25-02
price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs by the City pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

FAIRGROUNDS STORM DRAIN REPLACEMENT 71 Spec No.25-02
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ____ day of ___________________, 2022.
(Corporate Seal) ________________________________
Contractor/Principal
By______________________________
Title_____________________________
(Corporate Seal) _________________________________
Surety
By_______________________________
Attorney-in-Fact
(Attach Attorney-in Fact Certificate) Title______________________________ The rate of premium on this bond is __________________ per thousand. The total amount of premium charges is $_________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety) ________________________________ ________________________________
________________________________
(Name and Address of Agent or ________________________________ Representative for service of process in ________________________________ California, if different from above) ________________________________ (Telephone number of Surety and Agent _______________________________ or Representative for service of process in California)

FAIRGROUNDS STORM DRAIN REPLACEMENT 72 Spec No.25-02

CITY OF UKIAH
Mendocino County, California

PAYMENT BOND
BOND No. ____________________
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of Ukiah (“City”) has awarded to _______________________ (“Contractor/Principal”) a contract (City Agreement No. _____________, dated _________________, ___________, referred to as the “Agreement”) for the work described as _______________________. The Agreement is incorporated by this reference into this Payment Bond (“Bond”); and
WHEREAS, Contractor/Principal is required to furnish a bond in connection with the Agreement and pursuant to California Civil Code section 9550;
NOW, THEREFORE, we ____________________________________________, the undersigned Contractor/Principal, and _____________________ (“Surety”), a corporation organized and existing under the laws of the State of _____________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held firmly bound until the City, and to any and all persons, companies, or corporations entitled by law to file stop payment notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of $_________________________, for which payment will and truly be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if Contractor/Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code section 9100; or fail to pay for any materials, provisions, or other supplies, used in, upon, for , or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550, et seq.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, or specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described; or pertaining or relating to the furnishing of labor, materials, or equipment therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any rescissions or attempted rescission of the contract, agreement or bond; nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond; nor by any fraud practiced by any person other than the claimant seeking to recover on the bond; and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is give; and under no circumstances shall the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Owner and Contractor/Principal or on the part of any oblige named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of section 2819 and 2845 of the California Civil Code.

Any notice to Surety may be given in the manner specified in the Agreement and delivered or transmitted to Surety as follows:

FAIRGROUNDS STORM DRAIN REPLACEMENT 73 Spec No.25-02
Attn:__________________________________________
Address:_______________________________________
City/State/Zip:___________________________________
Phone:_________________________________________
Fax:___________________________________________
Email:__________________________________________
IN WITNESS WHEREO, two identical counterparts of this Bond, each of which shall for all purposes be deemed an original thereof, have been duly executed by Contractor/Principal and Surety above named, on the __ day of ____________________, 202__.
__________________________________ (SEAL)
Contractor/Principal
By_____________________________________
Contractor’s Representative
______________________________________
Contractor/Principal’s Address
______________________________________
City,State,Zip
_________________________________(SEAL)
Surety
By_____________________________________
Surety’s Representative
______________________________________
Surety’s Address
______________________________________
City,State,Zip
______________________________________
Telephone Number
NOTE: Signatures of those executing for Surety must be properly acknowledged, The bond must be accompanied by a properly acknowledged Power of Attorney from the Surety authorizing its agent to bind it to this bond. A copy of such Power of Attorney must be in file with the City.

FAIRGROUNDS STORM DRAIN REPLACEMENT 74 Spec No.25-02

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

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

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

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

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

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

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

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

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

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

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

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

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

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

FAIRGROUNDS STORM DRAIN REPLACEMENT 75 Spec No.25-02

CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

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

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

Signed, sealed, and dated this __________ day of ____________, 20_____. __________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Principal
__________________________________________________(Seal) BY:_______________________________________________(Seal) __________________________________________________(Seal) Surety

ITEM# DESCRIPTION QUANTITY UNIT UNIT PRICE EXT PRICE
1 MOBILIZATION 1 LS $25,000.00 $25,000.00
2 TRAFFIC CONTROL 1 LS $7,500.00 $7,500.00
3 POTHOLING 1 LS $7,500.00 $7,500.00
4 TEMPORARY REMOVE/REINSTALL FENCING 1 LS $10,000.00 $10,000.00 5 24" ADS N12 STORM DRAIN 462 LF $200.00 $92,400.00
6 24" RCP STORM DRAIN (CLASS IV) 100 LF $225.00 $22,500.00 7 30" ADS N12 STORM DRAIN 177 LF $200.00 $35,400.00
8 36" ADS N12 STORM DRAIN 1098 LF $250.00 $274,500.00
9 36"X36" JUNCTION BOX 1 EA $8,500.00 $8,500.00
10 48"X48" JUNCTION BOX 3 EA $9,000.00 $27,000.00
11 48" STORM DRAIN MANHOLE 1 EA $7,000.00 $7,000.00
12 4'X6' JUNCTION BOX 2 EA $8,000.00 $16,000.00
13 CONNECT EXISTING 8"-18" SD TO NEW JUNCTION BOX 3 EA $3,000.00 $9,000.00 14 CONNECT NEW 24" TO EXISTING JUNCTION BOX 2 EA $3,800.00 $7,600.00 15 CONNECT NEW 30" SD TO EXISTING MANHOLE 1 EA $3,800.00 $3,800.00 16 CONNECT EXISTING 12" SD TO NEW 24" RCP PIPE 1 EA $2,500.00 $2,500.00 17 SLURRY FILL AND ABANDON STORM DRAIN 1 LS $20,000.00 $20,000.00 18 REMOVE EXISTING STORM DRAIN AND JUNCTION BOXES 1 LS $30,000.00 $30,000.00 19 REMOVE AND DISPOSE REDWOOD TREE 2 EA $15,000.00 $30,000.00 20 CLEAR & GRUBB EX. BRUSH IN PIPELINE ROUTE AND DITCH 1 LS $20,000.00 $20,000.00 21 GRADING AND SOIL REMOVAL 1200 CY $50.00 $60,000.00
22 TRENCH PAVING HMA 3" 4 TON $250.00 $1,000.00
$716,200.00
$107,430.00
$823,630.00

SUBTOTAL SITEWORK AND CONSTRUCTION
ESTIMATING CONTINGENCY 15%

CONSTRUCTION TOTAL
ATTACHMENT 3

Agenda Item No: 12.a.

MEETING DATE/TIME: 6/4/2025

ITEM NO: 2025-622

AGENDA SUMMARY REPORT
SUBJECT: Introduction of an Ordinance by Title Only Adopting the Updated Fire Hazard Severity Zone Map for the City of Ukiah Local Responsibility Area, as Released by the California Department of Forestry and Fire Protection (CAL FIRE) Under the Direction of the Office of the State Fire Marshal (OSFM).

DEPARTMENT: Community
Development PREPARED BY: Craig Schlatter, Community Development Director PRESENTER:

Craig Schlatter, Community Development
Director; Matt Keizer, Fire Code Official, Ukiah
Valley Fire Authority
ATTACHMENTS:

1. FHSZ_City_LRA_11x17_Ukiah

2. CAL FIRE-City Correspondence (newest to oldest)

3. FHSZ Map Ordinance - City of Ukiah LRA
Summary: Council will consider introduction of an ordinance by title only adopting the updated Fire Hazard Severity Zone map for the City of Ukiah Local Responsibility Area.

Background: State law requires the Office of the State Fire Marshal (OSFM) to classify lands within State Responsibility Areas into Fire Hazard Severity Zones and transmit maps of those zones to cities with jurisdictions over the zones (Local Responsibility Areas). The OSFM is to identify areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones consistent with statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. The Fire Hazard Severity Zone maps are then created by the California Department of Forestry and Fire Protection (CAL FIRE) under the direction of the OSFM.

California Government Code Section 51179(a) requires local agencies to designate, by ordinance, Moderate, High, and Very High Fire Hazard Severity Zones in their jurisdictions within 120 days of receiving recommendations from the OSFM pursuant to Section 51178. Local agencies cannot adopt a version of the map lowering the threat. The City of Ukiah received the Local Responsibility Area (LRA) Fire Hazard Severity Zone (FHSZ) Map (Attachment 1) on February 24, 2025, and has until June 24, 2025, to transmit an adopted ordinance to CAL FIRE designating the FHSZ map for the City of Ukiah LRA.

Given OSFM's expansion of the Very High FHSZ in the City of Ukiah LRA, Staff and the Fire Severity Ad Hoc engaged with CAL FIRE through letter and by email correspondence to understand OSFM/CAL FIRE's data and analyses. This correspondence, which includes CAL FIRE's responses, is contained in Attachment 2. In Staff's opinion, CAL FIRE's answers were presented from the point of view of the CAL FIRE data modeler and did not directly address the 'why' within many of Staff and the Ad Hoc's questions. At no time did CAL FIRE suggest a potential revision to the City of Ukiah LRA mapping, so the map as presented to the public on February 24, 2025, remains unchanged.

Discussion: In accordance with Government Code 51179(a), an Ordinance (Attachment 3) has been prepared for the adoption of the Fire Hazard Severity Zone Map for the City of Ukiah Local Responsibility Area. If the FHSZ Ordinance is introduced and adopted by Council, then 30 days after the adoption date the FHSZ map would be effective. Once effective, Wildland Urban Interface (WUI) standards would be applicable

in the expanded Very High FHSZ, which includes much of "Westside" Ukiah.

Due to OSFM's expanded Very High FHSZ in the City of Ukiah LRA and to eliminate potential conflicts and confusion in implementation, the Ordinance also establishes a methodology for interpretation of Fire Hazard Severity Zone ratings. Modeled off the City of Sonoma's FHSZ ordinance language, the methodology establishes that when parcels contain more than one FHSZ rating, the highest severity zone prevails for the entirety of the parcel.

California Environmental Quality Act
The Community Development Director has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3). The adoption of the fire hazard severity zone map is required by law, and because adoption does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. If the Ordinance is introduced, a CEQA Notice of Exemption will be prepared by the Planning Division of the Community Development Department and filed with the County of Mendocino.

Staff recommends Council introduce by title only the Ordinance (Attachment 3) adopting the updated Fire Hazard Severity Zone Map for the City of Ukiah Local Responsibility Area, as released by CAL FIRE under the direction of the OSFM.

Recommended Action: Introduce Ordinance by title only adopting the updated Fire Hazard Severity Zone Map for the City of Ukiah Local Responsibility Area.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: Yes / No GRANT: Yes / No N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Fire Severity Ad Hoc Committee; Darcy Vaughn, Assistant City Attorney STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): 10a – Protect from dangerous emissions by preventing fires.

GENERAL PLAN ELEMENTS (GP): A6 - Safety Element, Implementation Program P- Fire Hazard Zone Update.

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:33,000 at 11" x 17"
Km 0 1 2
Mi 0 1
Very High High Moderate
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Ukiah
101
222

UNINCORPORATED
MENDOCINO CO.

February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF UKIAH – MENDOCINO COUNTY
Fire Hazard Severity Zones in State Responsibility
Area (SRA), Effective April 1, 2024
ATTACHMENT 1

1 Craig Schlatter
From: CALFIRE State Fire Marshal <[email protected]> Sent: Thursday, May 15, 2025 9:16 AM
To: Craig Schlatter
Cc: CALFIRE State Fire Marshal
Subject: RE: Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area
Attachments: Fire_Rotation_Analysis_2020_methods.doc
Follow Up Flag: Follow up
Flag Status: Flagged
[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Craig Schlatter thank you for your follow up email concerning Fire Hazard Severity Zones (FHSZ) in the City of Ukiah.

Below is a more detailed responses to the issues you raised in your email.

CAL FIRE’s response notes: However, as a matter of historical trend, a significant driver of increased hazard in the area under question is due to prevalence of recent large fires in areas similar to (and modeled as analogous) to these lands. In sum, fires since 2007 in the general region have caused expected hazard to increase due to higher burn probability as modeled.
o What is the area of the “general region,” and how was the size of this region determined? I assume the fires since 2007 noted in the CAL FIRE response refer to the Mendocino Complex fires in 2017? Burn probability assessment within the FHSZ model uses a stratified fire regime approach for estimating fire rotation — the amount of time required for the total area of the strata to burn in a wildfire.   The inverse of fire rotation is equivalent to the annual burn probability, which is the actual data product used in the hazard calculations related to cell‐based flame score and for probability‐normalizing firebrand production numbers.     Rotation regime strata are defined by Fuel Type/Life form crossed with climate region and further crossed with urban or non‐urban land classification in Census Blocks.   The design of the strata is to create a classification of land types that generally follow similar fire environment (ignition density, fuel characteristics, fire weather, and fire control response capacity) that allows for predicting future fire probabilities.   Attached is a comprehensive methods document describing the derivation of burn probabilities for FHSZ in detail.    If you wish to look at actual data inputs for areas across the state, the relevant data elements are available in the SRA and LRA data packages.  Individual polygon size limits are generally set at minimum of 20 acres. Fire history records used for this model element covers fires from 1991 ‐2020. o Respectfully, when we look south to our neighbors in the Santa Rosa region, we do not see consistency in CAL FIRE’s reasoning. With the exception of a couple small areas on Santa Rosa’s far east side, we do not see an area of the Santa Rosa LRA within a very high fire hazard severity zone. This seems odd given the destruction of the 2017 Tubbs Fire, the most significant wildfire in California’s history at the time. o Could you please provide additional data and/or methodological explanation to describe why the Ukiah LRA and Santa Rosa LRA would be so different in fire hazard severity zone mapping? o Attached is a side‐by‐side comparison of the Ukiah LRA and Santa Rosa LRA, using the Topo base layer function available in the CAL FIRE FHSZ viewer.

The data packages referenced above provide all the relevant input, intermediary, and final zone designations for all lands in SRA (adopted April 1, 2024) and modeled to derive the 2025 LRA recommended zones.   Reference to the Tubbs fire as "most damaging" conflates FHSZ as a hazard model with fire impacts, which are not considered as asset ATTACHMENT 2

2 susceptibility are not reflected in FHSZ.   It is helpful to view FHSZ as fire hazard potential in the future, and recent fire history is only one element of validation for future conditions and likelihood.

1. CAL FIRE’s response on #2 offers the same reasoning as #1‐ A significant driver of increased hazard in the area under question is due to the prevalence of recent large fires in areas similar to (and modeled as analogous) to the areas under question. As the City of Ukiah noted in its April 17 letter, CAL FIRE and OSFM use three different historical time ranges to document the probability of the area burning: 70 years, 50 years, and 30 years. It would appear with CAL FIRE’s most recent response, there is a fourth time period of 18 years. o What time period is CAL FIRE/OSFM using to track historical fire activity? Per above, specific to estimating burn probability in FHSZ the duration of fire history is 1991‐2020. o What are the areas similar to (and modeled as analogous) to the areas under question? Is CAL FIRE using other cities of similar size to Ukiah as a standardized model and basing its determination of fire hazard severity for Ukiah off this model?
See data package products for specific area data related to burn probability. o If so, upon what data is CAL FIRE basing its determination that such a standardized model would be more accurate than the First Street modeling?
First Street has its own modeling processes and uses different data sources to reflect its larger nation‐wide domain.  First Street also resolves its model to a risk rating, thus extending the scope of the map well beyond the hazard ascription called for in statute authorizing FHSZ mapping by CAL FIRE.   Consequently, the two maps are not comparable.

2. I appreciate the detail CAL FIRE provided in #3. Could you please provide the local data that was utilized within the model? What specific locally‐based ember transport indicators were used? See methods documentation data package locations for both SRA and LRA zone releases. Firebrands produced are a function of fuel type, Fireline Intensity, and burn probability.   Transport and accumulation in non‐wildland areas result from wind direction and wind speed probabilities derived from our localized fire weather analysis using a windspeed specific density distribution kernel.  Firebrand units (brand score) are then classified into a cost function value that together with slope and tree density in non‐wildland areas determine band widths determined by our cost‐ buffer model for zoning non‐wildlands.   More brands result in a lower cost value, and like slope and vegetation, result in wider hazard bands extending further from the wildland edge.

links to data packages:

SRA data package https://osfmfhsz.blob.core.windows.net/public/index.html LRA data package https://osfmfhsz.blob.core.windows.net/public/FHSZ_LRA_DataPackage_2025_03_24_v1_folder.zip Thank you,
Jim McDougald
Assistant Deputy Director
Community Wildfire Planning
& Risk Reduction
855 M Street, Fresno CA 93721
(916) 216-1452 Cell

For wildfire preparedness and prevention tips
Visit: ReadyForWildfire.org.

3 From: CALFIRE State Fire Marshal
Sent: Thursday, May 8, 2025 10:26 AM
To: Craig Schlatter <[email protected]>; CALFIRE State Fire Marshal <[email protected]> Subject: RE: Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area
Hi Craig,
Your email has been received and forwarded as needed. We will get back to you as soon as we can. Thank you.

Respectfully,
Haley Johnson
Executive Analyst
Executive Office
715 P St., Sacramento, CA 95814

From: Craig Schlatter <[email protected]>
Sent: Monday, May 5, 2025 9:10 AM
To: CALFIRE State Fire Marshal <[email protected]> Subject: RE: Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area
Mr. McDougald: Thank you for the additional information provided in your response. Unfortunately, we are still not completely understanding CAL FIRE’s reasoning and hope you would be willing to provide additional information. Specifically:

Mr. McDougald:

Thank you for the addiƟonal informaƟon provided in your response. Unfortunately, we are sƟll not completely understanding CAL FIRE’s reasoning and hope you would be willing to provide addiƟonal informaƟon. Specifically:

1. CAL FIRE’s response notes: However, as a maƩer of historical trend, a significant driver of increased hazard in the area under quesƟon is due to prevalence of recent large fires in areas similar to (and modeled as analogous) to these lands. In sum, fires since 2007 in the general region have caused expected hazard to increase due to higher burn probability as modeled.
 What is the area of the “general region,” and how was the size of this region determined? I assume the fires since 2007 noted in the CAL FIRE response refer to the Mendocino Complex fires in 2017?  Respecƞully, when we look south to our neighbors in the Santa Rosa region, we do not see consistency in CAL FIRE’s reasoning. With the excepƟon of a couple small areas on Santa Rosa’s far east side, we do not see an area of the Santa Rosa LRA within a very high fire hazard severity zone. This seems odd given the destrucƟon of the 2017 Tubbs Fire, the most significant wildfire in California’s history at the Ɵme. o Could you please provide addiƟonal data and/or methodological explanaƟon to describe why the Ukiah LRA and Santa Rosa LRA would be so different in fire hazard severity zone mapping? o AƩached is a side‐by‐side comparison of the Ukiah LRA and Santa Rosa LRA, using the Topo base layer funcƟon available in the CAL FIRE FHSZ viewer.

2. CAL FIRE’s response on #2 offers the same reasoning as #1‐ A significant driver of increased hazard in the area under quesƟon is due to the prevalence of recent large fires in areas similar to (and modeled as analogous) to the areas under quesƟon. As the City of Ukiah noted in its April 17 leƩer, CAL FIRE and OSFM use three different

4 historical Ɵme ranges to document the probability of the area burning: 70 years, 50 years, and 30 years. It would appear with CAL FIRE’s most recent response, there is a fourth Ɵme period of 18 years.  What Ɵme period is CAL FIRE/OSFM using to track historical fire acƟvity?  What are the areas similar to (and modeled as analogous) to the areas under quesƟon? Is CAL FIRE using other ciƟes of similar size to Ukiah as a standardized model and basing its determinaƟon of fire hazard severity for Ukiah off this model?
 If so, upon what data is CAL FIRE basing its determinaƟon that such a standardized model would be more accurate than the First Street modeling?

3. I appreciate the detail CAL FIRE provided in #3. Could you please provide the local data that was uƟlized within the model? What specific locally‐based ember transport indicators were used? Regards,
Craig Schlatter, AICP
Community Development Director
Department of Community Development
300 Seminary Ave. Ukiah, CA 95482
Email: [email protected]
P: (707) 463‐6219 F: (707) 463‐6204
Website: http://www.cityofukiah.com/community‐development/ From: CALFIRE State Fire Marshal <[email protected]> Sent: Friday, April 25, 2025 4:24 PM
To: Craig Schlatter <[email protected]>
Subject: Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

Please see our response to Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area.

Jim McDougald
Assistant Deputy Director
Community Wildfire Planning
& Risk Reduction
855 M Street, Fresno CA 93721
(916) 216-1452 Cell

For wildfire preparedness and prevention tips
Visit: ReadyForWildfire.org.

5 Disclaimer
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1 FIRE ROTATION Version 2020
James G. Spero, CALFIR/FRAP [email protected]
Introduction
Fire Rotation (Interval) or FR is an effective measure of relative expected intervals between fires at regional scales, where site-specific fire frequency estimates are not available .FR is defined as the length of time in years it would take the average annual amount of fire to burn a specifically defined area (Agee 1993).

We classified lands by vegetation cover type, climate zone, developed/undeveloped status and 7.500 feet in elevation or not and calculated fire rotation interval using fire perimeter data for a most recent 30-year time period. These intervals are combined into three FR Classes (Very High, High and Moderate) for ease of observing spatial pattern. The reciprocal of the FR is the annual average probability of burning.

The choice of criteria for defining strata is guided by generally accepted notions of how environment can affect wildfire outcomes. Fires are strongly affected by weather, topography, and fuel. These three factors are known as the “fire behavior triangle” (Agee, p.33). The design of this fire rotation model considers these environmental factors, as well as a fourth factor – development and its impact on fire suppression response and alteration of natural vegetation patterns.

Strata
Land cover: Strata are defined in part by land cover types defined as Conifer, Hardwood, Shrub and Herbaceous by the California Wildlife Habitat Relationships (CWHR) system. https://wildlife.ca.gov/Data/CWHR.

These broad land cover categories are
intended to represent different fuel
characteristics which can affect the
rate of surface fire spread and the
amount of above-surface burning.

To avoid defining small islands of dissimilar fuels that would probably not affect the fire behavior within the
surrounding fuel type, pixels with the same vegetation
code are grouped into “polygons” and polygons larger

2 than 90 cells (about 20 acres) are removed and then replaced with values interpolated using surrounding values.

Climate: California’s Mediterranean climate is generally conducive to wildfire, however, there are characteristic conditions influenced by factors such as temperature and rainfall, proximity to water, mountains and deserts, etc. This analysis uses six climate zones which were constructed to reflect conditions that influence tree growth and rainfall, namely: Inland Empire, Inland Valleys, Northern California Coast, Southern California Coast, Southwest Interior and Interior West.

These climate zones are based on the Sunset
National Garden Book’s 45 climate zones
(Brenzel 1997), and Ecoregion boundaries as
delineated by Bailey (2002) and Breckle (1999) to
a lesser extent, and were used in the 2015 FRAP
Assessment’s Urban Forestry analyses as an input
to calculate heating and cooling day benefit data.

Development status: Wildfire detection and suppression
in urbanized areas is often enhanced by the presence of extensive road networks, ornamental vegetation, and
local fire protection organizations tasked with protecting homes and infrastructure.

Outside of urbanized areas, lands can be difficult to
access and fires can burn in complex terrain in a variety of fuel conditions. Our strata are in part defined as either inside, or outside, an Urbanized Area (UA) as defined by the US Census Bureau in 2010. UA’s represent densely

3 developed territory, and encompass residential, commercial, and other non-residential urban land uses.

Elevation: A single stratum is defined for lands more than 7,500 feet in elevation to recognize differences in fire behavior and accessibility, in comparison to lower
elevations.

Wildfire
Wildfire data: Wildfire perimeter data from 1991 through 2020 (firep20_1) determine the average annual number of acres burned in each stratum. The choice of 30 years of recent wildfire data is predicated on the desirability of representing contemporary climactic conditions while also providing an adequately large sample of potential fire activity for summarization within the various strata.

Perimeter data include CDF jurisdiction fires are at least 300 acres in size and fires 10 acres and larger under federal jurisdiction (USDA Forest Service, Bureau of Land Management, and National Park Service).

FR Calculation
The FR is the number of years over which the burned area in a stratum would equal the area of the stratum. Lower fire rotation (FR) values indicate less time needed to burn the area and consequently indicate higher fire frequency. The reciprocal (FR/1) is the annual probability of fire occurrence. It is important to note that the FR is an area average and that some locations might have burned multiple times or not at all. This is true for the input data and for future fire seasons as well.

4 Other methods employing regression techniques are used to create site-specific estimates of fire frequency. These are statistical estimates with many assumptions about the stochasticity abstracted from the data. The FR method we use is essentially an empirical model that relies upon 1) the adequacy of the sample size (the fire perimeter data is but one “sample” of many potential sets of fire perimeters that might have arisen during the analysis data period) to describe expected frequency of burning in contemporary timeframe, and 2) the representativeness of the strata for which FR is calculated.

Regarding the latter: the strata should be relatively homogeneous with respect to primary drivers of fire occurrence and burned area, while large enough capture the diversity of fire sizes possible.

The contemporary FR analysis summarizes areas into the following three classes of expected fire frequency (Fig. 1):
• Very High (FR less than 100 years);
• High (FR more than 100 years and less than 300 years); and • Moderate (FR more than 300 years).

Seventy-eight percent of the area with conifer, hardwood, shrub and herbaceous landcover had a FR of less than 300 years (High or Very High FR Class).

5 Figure 1 Map of Fire Rotation
Classes

6 Acres WHR13 Climate Zone_UA FR (Years) Annual Prob
5,119,623 Acres of >7,500' Any               234              0.004 89,464 Conifer  Inland Empire_Some UA                 44              0.023 4,315,359 Conifer  Inland Valleys_Not UA                 66              0.015 43,100 Conifer  Inland Valleys_UA               213              0.005 11,659,111 Conifer  Interior West_Some UA                 97              0.010 2,515,330 Conifer  Northern California Coast_Not UA               279              0.004 36,552 Conifer  Northern California Coast_UA            1,317              0.001 790 Conifer  Southern California Coast_Some UA                 35              0.029 368,845 Conifer  Southwest Desert_Some UA               197              0.005 19,028,552 Acres of Conifer
191,286 Hardwood  Inland Empire_Not UA                 33              0.031 24,209 Hardwood  Inland Empire_UA               155              0.006 6,714,726 Hardwood  Inland Valleys_Not UA                 90              0.011 107,166 Hardwood  Inland Valleys_UA               435              0.002 1,555,870 Hardwood  Interior West_Some UA                 90              0.011 1,209,642 Hardwood  Northern California Coast_Not UA               145              0.007 80,939 Hardwood  Northern California Coast_UA            1,023              0.001 88,222 Hardwood  Southern California Coast_Some UA                 69              0.014 449,141 Hardwood  Southwest Desert_Some UA               606              0.002 10,421,200 Acres of Hardwood
226,158 Herbaceous  Inland Empire_Not UA                 37              0.027 62,270 Herbaceous  Inland Empire_UA               188              0.005 8,049,226 Herbaceous  Inland Valleys_Not UA               194              0.005 112,579 Herbaceous  Inland Valleys_UA               728              0.001 1,263,815 Herbaceous  Interior West_Some UA               111              0.009 1,188,950 Herbaceous  Northern California Coast_No UA               386              0.003 101,565 Herbaceous  Northern California Coast_UA            1,106              0.001 123,609 Herbaceous  Southern California Coast_No UA                 59              0.017 59,966 Herbaceous  Southern California Coast_UA               193              0.005 208,710 Herbaceous  Southwest Desert_Some UA               192              0.005 11,396,849 Acres of Herbaceous
1,860,140 Shrub  Inland Empire_Not UA                 31                0.03 143,765 Shrub  Inland Empire_UA                 65                0.02 4,686,336 Shrub  Inland Valleys_Not UA                 52                0.02 20,825 Shrub  Inland Valleys_UA               142                0.01 11,667,717 Shrub  Interior West_Some UA               191                0.01 742,374 Shrub  Northern California Coast_Not UA                 80                0.01 22,325 Shrub  Northern California Coast_UA               900                0.00 547,666 Shrub  Southern California Coast_Not UA                 37                0.03 114,655 Shrub  Southern California Coast_UA               101                0.01 15,851,440 Shrub  Southwest Desert_Not UA            1,468              0.001 46,511 Shrub  Southwest Desert_UA         12,857            0.0001 35,703,754 Acres of Shrub
81,669,978 Total Acres of Strata

7

8 Agee, James K. Fire Ecology of Pacific Northwest Forests, Island Press: Washington, D.C., Covelo, California. 1993
Miller, Richard F.; Knick, Steven T.; Pyke, David A.; Meinke, Cara W.; Hanser, Steven E.; Wisdom, Michael J.; Hild, Ann L. 2011. Characteristics of sagebrush habitats and limitations to long-term conservation. In: Knick, Steven T.; Connelly, John W., eds.

Greater sage-grouse: Ecology and conservation of a landscape species and its habitats.

Studies in Avian Biology, No. 38. Berkeley, CA: University of California Press: 145-184. [89659]

9

SIDE BY SIDE COMPARISON OF FIRE HAZARD SEVERITY ZONE MAPPING (USA Topo Maps)

UKIAH LRA AND SANTA ROSA LRA
Source: CAL FIRE Fire Hazard Severity Zone Viewer, Phase 2 Rollout: February 24, 2025

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

OFFICE OF THE STATE FIRE MARSHAL
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 568-3800
Website: www.fire.ca.gov
April 25, 2025,
Dear Mayor Crane:

Thank you for your email concerning Fire Hazard Severity Zones (FHSZ) in the City of Ukiah. The model identifying FHSZ’s by the Office of the State Fire Marshal used the best available data. My office investigated the specific issues you raised in your letter, and we believe that our model identifying FHSZ’s is accurate. Below are more detailed responses to the issues you raised in your letter.

1. There is a misunderstanding of how burn probability is modeled. Areas are grouped into fire rotation strata based on fuel type, climate area, and whether the area is developed or not (as based on census criteria). These strata are then assessed by the relative proportion of area that has burned over the 30-year historic period to determine the average likelihood that any area (irrespective of actual fire occurrence on that area) – will burn in a future year. Stated specifically, the presence or absence of fire history only reflects its impact on the estimate of expected fire probability though the average assessment across all lands in a given strata. However, as a matter of historical trend, a significant driver of increased hazard in the area under question is due to prevalence of recent large fires in areas similar to (and modeled as analogous) to these lands. In sum, fires since 2007 in the general region have caused expected hazard to increase due to higher burn probability as modeled.

2. First Street and other hazard modeling approaches differ in scope and modeling components than FHSZ and may show different results. A significant difference in the two models is that FHSZ is specific to the distribution of calculated hazard values across California, whereas First Street is based on a nationwide (lower 48) data distribution. A significant driver of increased hazard in the area under question is due to the prevalence of recent large fires in areas similar to (and modeled as analogous) to the areas under question. Fires since 2007 in the general region have caused the expected hazard to increase due to higher burn probability as modeled.

3. The firebrand sub-model used in FHSZ is both probabilistic and mechanistic and is qualitative. Model methods describing the ember module covering production, transport, accumulation and finally, assessment as a costfunction element in the non-wildland buffer routine are available online.

Additionally, data products in the data package (both SRA data package and LRA data package to cover both areas required for mapping under statute) are available for review in GIS systems. In general terms, firebrands originate in wildland fuels, and the number is a function of burn probability, fire type (surface or crown) and Fireline Intensity.

Transport is a probabilistic function of hourly wind vectors represented by the most severe dry winds as modeled in the 2 km weather reanalysis used in the effort in conjunction with stylized brand density kernels. Brands are then accumulated at the cell level and the final distribution of raw modeled brands are classified into three equal quantile classes, which are used as cost-function coefficients similar to how slope and vegetation are used to shrink or expand the width of the non-wildland buffer widths that start at the wildland edge.

4. This is a policy assessment, but the finding that zoning adversely impacts mitigation seems to run counter to fire safety regulation requirements that accompany designations of FHSZ under statute. The objectives of FHSZ zoning are to provide required mitigations to reduce losses.

Thank you again for your commitment to public safety and fire preparedness.

Sincerely,

JIM MCDOUGALD
Assistant Deputy Director,
Community Wildfire Planning & Risk Reduction

300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com April 17, 2025
Office of the State Fire Marshall
Fire Hazard Severity Zone Information
715 P Street
Sacramento, CA 95814
VIA EMAIL: [email protected]
Re: Public Comments from City of Ukiah Regarding 2025 Updated Maps for Fire Hazard Severity Zones in the City of Ukiah Local Responsibility Area To Whom it May Concern:

The City of Ukiah respectfully submits the following comments related to the Fire Hazard Severity Zone Maps released on February 24, 2025, for the City of Ukiah Local Responsibility Area.

1. Our research shows potential errors in the OSFM mapping process for the Ukiah LRA and SRA that may be causing the probability of the area burning to appear greater.

A video posted by CALFIRE on December 14, 2022i provides a description of the modeling and methodology utilized by OSFM and CALFIRE to produce the FHSZs, describing that zones are defined by the probability of the area burning and the vegetation type and climate. The video notes that a fire perimeter for historical fires for the years 1991-2020 was used to determine the probability of the area burning. There were no significant wildland fires in the western Ukiah LRA or the Ukiah western hills portion of the SRA within this 30-year period.

CALFIRE’s FHSZ frequently asked questions document notes “factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period.”ii There were no significant wildland fires in the western Ukiah LRA or the Ukiah western hills portion of the SRA within this 50-year period.

OSFM then notes in its Initial Statement of Reasons (ISOR) the use of fire history data from the CALFIRE Fire Resource and Assessment Program (FRAP). Within the California Times Burned Public View, the burn rate for the western hills portion of the SRA depicts a burn rate of 2 times due to two fires that burned in the area in 1950 (Fish Hatchery) and 1952 (Orr’s Creek), respectively, and a small fire overlap area.
iii These two fires occurred prior to both the 30-year (referred to in the OSFM video) and 50-year (referred to in CALFIRE’s frequently asked questions document) time periods.

There is no information provided about the impacts of OSFM’s over-counting of historical fires or the utilization of a 70-year history, compared to a 30-year or 50-year history, for determining the FHSZs.

Because of these inconsistencies, we believe OSFM’s data sources may be causing the probability of the area burning to be more severe than historically proven, distorting the FHSZ severity in this area.

300 Seminary Avenue • Ukiah • CA • 95482-5400
Phone: (707)463-6200 · Fax: (707)463-6204 ·www.cityofukiah.com

2. Other scientifically-based proprietary software modeling platforms such as First Street depict a wildfire hazard consistent with OSFM’s 2007 Fire Hazard Severity Zone Maps for the City of Ukiah LRA but not consistent with the 2025 OSFM FHSZ Maps. We cannot find justification provided within OSFM’s methodology for such a significant expansion of the Very High FHSZ within the Ukiah LRA.

Within the attached Map Comparisons,
iv please see Map Comparison 1, showing consistencies
between the wildfire intensity (flame length) provided by First Street and OSFM’s 2007 FHSZ map, which has remained mostly the same throughout the period 2007-2024. See, for example, the intensity description noting the low intensity beyond the wildland-urban interface (WUI). No such consistency is found to justify the Very High FHSZ expansion on the western side of the Ukiah urbanized area. We only find standardized data on CAL FIRE’s website for the City of Ukiah LRA.

3. No scientific data is provided by OSFM to describe how ember transport is modeled.

Instead, CALFIRE’s reliance on “local distributions of observed wind speed and direction values” introduces qualitative analysis into an otherwise quantitatively driven mapping process. Additionally, no data is provided about the quantification of flame length.

The National Oceanic and Atmospheric Administration’s Western Regional Climate Center provides prevailing wind speed and direction through its Wind Rose system. In reviewing wind speed and direction over the period 2007-2018, Wind Rose depicts the prevailing winds with the strongest wind speeds to be out of the north and northwest and the frequency of prevailing winds trending primarily northwest (see Figure 1). This appears to be in stark contrast to OSFM’s observations, which seem to presume a westerly prevailing wind, as evidenced by OSFM’s expansion of the Very High FHSZ directly east into Ukiah’s urbanized areas.

Please also see Map Comparison 2, again showing consistencies between the Ember Likelihood data provided by First Street and the 2007 Ukiah LRA FHSZ map. As with #2 above, there is no such consistency between this data and CAL FIRE’s analysis related to ember cast.

An internet search revealed a 1989 white paper by the U.S. Department of Forestry titled Measuring and interpreting Flame Height in Wildland Fires, with mathematical calculations to measure fire line intensity and flame length.v No such modeling or methodology is provided on CALFIRE’s website for flame length.

Because the OSFM fire hazard severity model relies upon qualitative data and lacks flame length modeling beyond the WUI, fire hazard severity for Ukiah’s western urbanized area appears exaggerated.

4. OSFM’s expansion of the Very High FHSZ into the City of Ukiah urbanized area is expected to cause significant disruption in terms of housing availability and fire mitigation efforts, as well as being misaligned with OSFM’s and the City’s consistent planning in these areas over the last approximately 40 years.

The City of Ukiah is a ProHousing community and earned this designation, in part, through innovative policies designed to streamline infill housing within the City’s small urban footprint.