Ukiah City Council
September 3, 2025

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SPILL EMERGENCY RESPONSE PLAN
3) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.

Category 1 Spill: A spill of any volume of sewage from or caused by a sanitary sewer system regulated under the 2022 SSS WDR that results in a discharge to:
 A surface water, including a surface water body that contains no flow or volume of water; or
 A drainage conveyance system that discharges to surface waters when the sewage is not fully captured and returned to the sanitary sewer system or disposed of properly.

Any spill volume not recovered from a drainage conveyance system is considered a discharge to surface water, unless the drainage conveyance system discharges to a dedicated stormwater infiltration basin or facility.

Category 2 Spill: A spill of 1,000 gallons or greater, from or caused by a sanitary sewer system regulated under the 2022 SSS WDR that does not discharge to a surface water.

A spill of 1,000 gallons or greater that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system, is a Category 2 spill.

Category 3 Spill: A Category 3 spill is a spill of equal to or greater than 50 gallons and less than 1,000 gallons, from or caused by a sanitary sewer system regulated under the 2022 SSS WDR that does not discharge to a surface water.

A spill of equal to or greater than 50 gallons and less than 1,000 gallons, that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 3 spill.

Category 4 Spill: A Category 4 spill is a spill of less than 50 gallons, from or caused by a sanitary sewer system regulated under the 2022 SSS WDRs that does not discharge to a surface water.

A spill of less than 50 gallons that spills out of a lateral and is caused by a failure or blockage in the sanitary sewer system is a Category 4 spill.

Private Lateral Sewage Discharges: Sewage discharges that are caused by blockages or other problems within a privately-owned lateral.

Drainage Conveyance System: A drainage conveyance system is a publicly- or privately-owned separate storm sewer system, including but not limited to drainage canals, channels, pipelines, pump stations, detention basins, infiltration basins/facilities, or other facilities constructed to transport stormwater and non-stormwater flows.

Receiving Water: A receiving water is a water of the State that receives a discharge of waste. 3 SPILL RESPONSE PROCEDURE
The Spill Response Procedure provides a strategy for the City to mobilize labor, materials, tools and equipment to correct or repair any condition which may cause or contribute to an unpermitted discharge. The plan considers a wide range of potential system failures that could create an overflow to surface waters, land or buildings.

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SPILL EMERGENCY RESPONSE PLAN

3.1 RECEIPT OF INFORMATION REGARDING A SPILL
Confirmed or suspected spills may be reported by City employees or by others (i.e., business owners, residents, plumbers, etc.) by calling the Ukiah City Hall at (707) 463-6200. The City Hall switchboard directs the call to the Water/Sewer Services Attendant at Unit 2932. The Water/Sewer Services Attendant is primarily responsible for receiving phone calls regarding possible sewer overflows during regular business hours (i.e., Monday through Friday from 8:00 am to 5:00 pm) and is responsible for notifying the Water/Sewer Maintenance Supervisor to respond to any given field situation. After hours, all calls go through the 24-hour emergency phone line (707) 463-6288 which notifies the on-call Water/Sewer Maintenance Crew, who will then contact the Water/Sewer Maintenance Supervisor to respond.

The Water/Sewer Maintenance Supervisor is then responsible as a primary responder to notify the regulatory agencies and prepare a report for the spill.

1. The Water/Sewer Services Attendant obtains all relevant information available regarding the overflow including:
 Time and date call was received;
 Specific location of spill;
 Description of the problem causing the spill;
 Time possible spill was noticed by the caller;
 Caller’s name and phone number;
 Observations of the caller (e.g., odor, duration, back or front of property); and  Other relevant information that will enable the responding investigator and crews, if required, to quickly locate, assess and stop the spill.

The Water/Sewer Services Attendant records initial information in the Sanitary Sewer Overflow Report (Appendix A) and notifies the Water/Sewer Maintenance Supervisor.

2. Pump station failures are monitored and received by the operator on duty at the pump station. The operator on duty immediately conveys all information regarding alarms to the Water/Sewer Maintenance Supervisor to initiate the investigation.

3. Sewer overflows or spills detected by any personnel in the course of their normal duties are reported immediately to the Water/Sewer Maintenance Supervisor.

4. The Spill Response Crew must confirm the overflow. Until verified, the report of a possible spill will not be referred to as a “sewer overflow.” The Spill Response Crew completes the Sanitary Sewer Overflow Report (Appendix A) within 24 hours of the sewer spill confirmation. The Water/Sewer Maintenance Supervisor is responsible for reviewing, updating and signing the report. The complete report will be placed in the Spill Response Binder.

For spills of any volume that reach surface waters, the Water/Sewer Maintenance Supervisor shall report to the State Office of Emergency Services within two (2) hours of becoming aware of the discharge.

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SPILL EMERGENCY RESPONSE PLAN
A complete list of the City officials who will receive immediate spill notification and their contact information is presented in Appendix B – Table 1.

3.2 DISPATCH OF APPROPRIATE CREWS TO SITE OF SPILL
Failure of any element within the wastewater collection system that threatens to cause or causes a spill triggers an immediate response to isolate and correct the problem. Crews and equipment are available to respond to any spill locations. Crews shall dispatch to any site of a reported spill immediately. Also, additional maintenance personnel shall be “on call” in the event extra crews are needed.

1. Dispatching Spill Response Crew
 When the City receives notification of a potential sewer overflow or spill outlined in Section 3.1 of the Spill Response Procedure, the Spill Response Crew dispatches with appropriate resources as required.
 Water/Sewer Maintenance Supervisor notifies the appropriate manager or supervisor by cell phone, pager or public works radio regarding the sewer overflow and field crew locations.

2. Crew Instructions and Work Orders
 Spill Response Crew shall be dispatched by cell phone, pager or public works radio and receive instructions from their supervisors regarding appropriate crews, materials, supplies, and equipment needed.
 Water/Sewer Maintenance Supervisor verifies that the entire message has been received and acknowledged by the crews who were dispatched. All standard communications procedures shall be followed. All employees being dispatched to the site of a spill shall proceed immediately to the site of the overflow. Any delays or conflicts in assignments shall be immediately reported to the supervisor for resolution.
 In all cases the Spill Response Crew reports their findings, including possible damage to private and public property, to the Water/Sewer Maintenance Supervisor immediately upon making their investigation. If the Water/Sewer Maintenance Supervisor has not received findings from the field crew within one (1) hour, the Water/Sewer Maintenance Supervisor contacts the response crew to determine the status of the investigation.

3. Additional Resources
 The Water/Sewer Maintenance Supervisor receives and conveys to appropriate parties requests for additional personnel, material, supplies, and equipment from crews working at the site of the sewer overflow.

4. Preliminary Assessment of Damage to Private and Public Property  The focus is to resolve the problem. The Spill Response Crew shall use discretion in assisting the property owner/occupant as reasonably as they can. They must be aware that the City could face increased liability for any further damage inflicted to

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SPILL EMERGENCY RESPONSE PLAN
private property during such assistance unless authorized by the Water/Sewer Maintenance Supervisor. The Spill Response Crew shall take appropriate still photographs and video footage, if possible, of the outdoor area of the sewer overflow and impacted area in order to thoroughly document the nature and extent of impacts and shall forward available photographs to the Water/Sewer Maintenance Supervisor for filing with the Sanitary Sewer Overflow Report (Appendix A).  In cases involving private property accidents including bodily injury of a private citizen, sewer back-ups, or substantial private property damage, one of the investigators/adjustors at Acclamation Insurance Management Services (AIMS), (707) 546-1100, P.O. Box 1381, 1741 Fourth St., Santa Rosa, CA 95402 should be called immediately. Refer to Appendix B – Table 1 for additional contact information during non-regular working hours.

5. Field Supervision and Inspection
 The Water/Sewer Maintenance Supervisor visits the site of the spill, if possible, to ensure that provisions of this SERP and other directives are met.  The Water/Sewer Maintenance Supervisor is responsible for confirming that the Sanitary Sewer Overflow Report (Appendix A) is provided for reporting within the specified time.

6. Coordination with Hazardous Material Response
 Upon arrival at the scene of a sewer overflow, should a suspicious substance (e.g., oil sheen, foamy residue) be found on the ground surface, or should a suspicious odor (e.g., gasoline) not common to the sewer system be detected, the Spill Response Crew shall immediately contact the Water/Sewer Maintenance Supervisor for guidance before taking further action.
 Should the Water/Sewer Maintenance Supervisor determine the need to alert the hazardous material team, the response crew shall await the arrival of the Police, Fire Department or other responsible authorities to take over the scene.  Remember that any vehicle engine, portable pump or open flame (e.g., cigarette lighter) can provide the ignition for an explosion or fire, should flammable fluids or vapors be present. Keep a safe distance and observe caution until assistance arrives.  Only when that authority determines it is safe and appropriate for the Spill Response Crew to proceed, they can then proceed under the SERP with the containment, cleanup activities and correction.

3.3 SPILL CORRECTION, CONTAINMENT, MONITORING AND CLEAN-UP Sewer spills of various volumes occur from time to time in spite of concerted prevention efforts.

Spills may result from blocked sewers, pipe failures, or mechanical malfunctions among other natural or man-made causes. The City is constantly on alert and ready to respond upon notification and confirmation of a spill.

This section describes specific actions to be performed by the crews during a spill. A summary of the Sanitary Sewer Overflow Action Plan is included in Appendix B.

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SPILL EMERGENCY RESPONSE PLAN
The objectives of these actions are:
 To protect public health, environment and property from sewage spills and restore surrounding area back to normal as soon as possible;
 To establish perimeters and control zones with appropriate traffic cones and barricades, vehicles or use of natural topography (e.g., hills, berms);  To promptly notify the regulatory agency’s communication center of preliminary overflow information and potential impacts;
 To contain the sewer overflow to the maximum extent possible including preventing the discharge of sewage into surface waters; and
 To minimize the City’s exposure to any regulatory agency penalties and fines.

Under most circumstances, the City can handle all response actions with its own maintenance forces (Appendix B – Table 2 and Table 3). City personnel have the skills and experience to respond rapidly and in the most appropriate manner. An important issue with respect to an emergency response is to ensure that the temporary actions necessary to divert flows and repair the problem do not produce a problem elsewhere in the system. For example, when a large sewer main is blocked and the crews divert the flow to a smaller sewer pipe downstream of the blockage, they should observe the flows to ensure that the blockage does not recur downstream. The sewer conveyance system should be returned to the normal operation as soon as the blockage is removed.

Circumstances may arise when the City could benefit from the support of private-sector construction assistance. This may be true in the case of large diameter pipes buried to depths requiring sheet piling and dewatering should excavation be required. The City may also choose to use private contractors for open excavation operations that might exceed one day to complete. A list of the local vendors, suppliers and contractors who can provide rental equipment during a spill and their contact information is provided in Appendix B – Table 4.

1. Responsibilities of Spill Response Crew Upon Arrival It is the responsibility of the first personnel who arrive at the site of a spill to mitigate the impact of the overflow to public health and safety to the extent possible. Should the spill not be the responsibility of the City but there is imminent danger to public health, public or private property, or to the quality of waters of the U.S., then prudent emergency action shall be taken until the responsible party assumes responsibility and provides actions. Upon arrival at a spill, the response crew should do the following:
 Determine the cause of the spill (e.g., sewer line blockage, pump station mechanical or electrical failure, sewer line break, etc.);
 Identify and request, if necessary, assistance or additional resources to correct the overflow or to assist in the determining its cause;
 Determine if private property is impacted. If yes, refer to Section 3.2 – Part 4;  Take immediate steps to stop the overflow (e.g., relieves pipeline blockage, manually operates pump station controls, repairs pipe, etc. as illustrated in Sewer Overflow

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SPILL EMERGENCY RESPONSE PLAN
Action Plan (Appendix B)). Extraordinary steps may be considered where spills from private property threaten public health and safety (e.g., an overflow running off of private property into the public right-of-way);
 Request additional personnel, materials, supplies, or equipment that will expedite and minimize the impact of the spill.

2. Initial Measures for Containment
Spill Response Crew shall initiate measures to contain the overflowing sewage and recover, where possible, sewage which has already been discharged, minimizing impact to public health or the environment.
 Determine the immediate destination of the overflow (e.g., storm drain, street curb gutter, body of water, creek bed, etc.);
 Investigate the extent of the spill, check storm drain maps and coordinate with the City storm water staff to determine how far downstream the spill travelled and whether it reached surface waters;
 Identify and request the necessary materials and equipment to contain or isolate the overflow, if not readily available; and
 Take immediate steps to contain the overflow (e.g., block or bag storm drains, recover through vacuum truck, divert into downstream manhole, etc.).

3. Sampling and Lab Tests
For spills in which an estimated 50,000 gallons or greater are discharged into a surface water, water quality samples shall be collected no later than eighteen (18) hours after having knowledge of a potential discharge to a surface water. Water/Sewer Maintenance Supervisor shall be notified in order to contact Alpha Analytical Laboratories Inc. at (707) 468-0401 and request that samples are taken as follows:
 Collect one sample each day of the duration of the spill at:
o The drainage conveyance system (DCS-001), if sewage discharges to a surface water via a drainage conveyance system; and
o Each of the three receiving water sampling locations (RSW-001, RSW-001U, and RSW-001D);
1 If the receiving water has no flow during the duration of the spill, the City must report “No sampling due to no flow” for its receiving water sampling locations.

Table 1. Receiving Water Sampling Locations
Sampling Location Sampling Location Description
DCS-001 A point in a drainage conveyance system before the drainage conveyance system flow discharges into a
receiving water.
1 Per Mendocino County Environmental Health Department, receiving water monitoring is required.

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SPILL EMERGENCY RESPONSE PLAN
Sampling Location Sampling Location Description
RSW-001 (Point of Discharge) A point in the receiving water where sewage initially enters the receiving water.

RSW-001U (Upstream of Point of Discharge) A point in the receiving water, upstream of the point of sewage discharge, to capture ambient conditions absent
of sewage discharge impacts.

RSW-001D (Downstream of Point of Discharge) A point in the receiving water, downstream of the point of sewage discharge, where the spill material is fully
mixed with the receiving water.
 Upstream and downstream sample locations in the affected surface water are dependent on conditions at the time of the spill. If access is not an issue, it is important to obtain an upstream sample as close to the discharge outfall as possible, but far enough away to be sure that the sample is not affected by the discharge. The requirements to take and analyze the samples are represented in Appendix B – Table

5.  Ask the lab to test for total and fecal coliform (bacterial indicators) and ammonia.  If unacceptable downstream levels are observed (i.e., the concentration exceeds the threshold value indicated in Appendix B – Table 6) continue sampling until coliform and ammonia levels are below threshold values or until instructed to do so by the Mendocino County Environmental Health Department.

4. Additional Measures Under Potentially Prolonged Overflow Conditions In the event of a prolonged sewer line blockage or a sewer line collapse, set up a portable bypass pumping operation around the obstruction.  Take appropriate measures to determine the proper size and number of pumps required to effectively handle the sewage flow.
 Implement continuous or periodic monitoring of the bypass pumping operation as required.
 Address regulatory agency issues in conjunction with emergency repairs.

5. Cleanup
Sewer overflow sites are to be thoroughly cleaned after an overflow, including removal of sewage from the drainage conveyance system. No readily identified residue (e.g., sewage solids, papers, rags, plastics, rubber products) is to remain and the spill area and drainage conveyance system are to be cleaned in a manner that does not inadvertently impact beneficial uses in the receiving waters.
 Digital photos shall be taken of the area before and after the cleanup for documentation and to include in reports as applicable.
 Where practical, the area is to be thoroughly flushed and cleaned of any sewage or washdown water. Solids and debris are to be flushed, swept, raked, picked up, and transported for proper disposal.

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SPILL EMERGENCY RESPONSE PLAN
 The spill site is to be secured to prevent contact by members of the public until the site has been thoroughly cleaned. If posting is required, it shall be undertaken as described in Section 4.
 Where appropriate, the hard surface area of the spill site shall be disinfected and deodorized.
 Where sewage has resulted in ponding, the pond shall be pumped dry and the residue disposed of in accordance with applicable regulations and policies.  If a ponded area contains sewage which cannot be pumped dry, it may be treated with bleach; HOWEVER, if sewage has discharged into a natural body of water, bleach or other disinfectant SHALL NOT be used and the California Department of Fish and Game shall be contacted for specific instructions.  Use of portable aerators may be required where complete recovery of sewage is not practical and where severe oxygen depletion in existing surface water is expected.

3.4 OVERFLOW REPORT
The Sanitary Sewer Overflow Report (Appendix A) contains information which is required to be reported depending upon the nature of the spill.

For spills of any volume that reach any surface water, the Water/Sewer Maintenance Supervisor shall notify the State Office of Emergency Services (Cal OES) within two (2) hours of becoming aware of the discharge.

If the spill results in the killing of any fish or aquatic life, the Water/Sewer Maintenance Supervisor shall notify the California Fish and Game Department as soon as possible.

The Water/Sewer Maintenance Supervisor shall complete the Sanitary Sewer Overflow Report (Appendix A) and update Cal OES with a final spill volume when the overflow is eliminated.

Information regarding the spill shall include the following:
 Indication that the spill had reached surface waters, (e.g., all spills where sewage was observed running to surface waters), or there was obvious indication (e.g., sewage residue) that sewage flowed to surface waters; or
 Indication that the spill had not reached surface waters. Guidance in characterizing these overflows to include:
a. Sewage overflows to covered storm drains (with no public access) where personnel verify, by inspection, that the entire volume is contained in a sump or impoundment and where complete clean-up occurs leaving no residue; b. Preplanned or emergency maintenance jobs involving bypass pumping (e.g., any flow diversion and altering normal operation of the sewer conveyance system) if access by the public to a bypass channel (e.g., ditch, pipe) is restricted and subsequent complete clean-up occurs leaving no residue (any preplanned bypass under these circumstances will not be considered an overflow); and

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SPILL EMERGENCY RESPONSE PLAN
c. Spills where observation or on-site evidence clearly indicates all sewage was retained on land and did not reach surface water and where complete cleanup occurs leaving no residue.
 Determination of the start time of the sewer overflow by one of the following methods:
a. Date and time information received and/or reported to have begun and later substantiated by a sewer investigator or response crew; b. Visual observation; or
c. Pump station and lift station flow charts and other recorded data.  Determination of the stop time of the sewer overflow by one of the following methods:
a. When the blockage is cleared or flow is controlled or contained; or b. The arrival time of the sewer investigator or response crew, if the overflow stopped between the time it was reported and the time of arrival.  An estimation of the rate of sewer overflow in gallons per minute (gpm) by one of the following criteria:
a. Direct observations of the overflow; or
b. Measurement of actual overflow from the sewer main.

See Appendix C for guidance on estimating sanitary sewer overflow volumes and flow rates.
 Determination of the volume of the sewer overflow:
a. When the rate of overflow is known, multiply the duration of the overflow by the overflow rate; or
b. When the rate of overflow is not known, investigate the surrounding area for evidence of ponding or other indications of overflow volume.

See Appendix C for guidance on estimating sanitary sewer overflow volumes and flow rates.
 Photographs of the event.
 Assessment of any damage to the exterior areas of public/private property. Personnel shall not enter private property for purposes of estimating damage to structures, floor and wall coverings, and personal property.

See Appendix C for guidance on estimating sanitary sewer overflow volumes and flow rates.

3.5 CUSTOMER SATISFACTION
The Water/Sewer Maintenance Supervisor or his/her designated personnel shall follow up in person or by telephone with the citizen(s) reporting the overflow. The cause of the overflow and its resolution will be disclosed. See Appendix D for Sanitary Sewer Overflow Survey questionnaire.

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SPILL EMERGENCY RESPONSE PLAN

3.6 ADDITONAL COORDINATION AND POST-SPILL ACTIVITIES
The City will continue to implement pre-planned coordination, interagency coordination, and collaboration with other utility agencies/departments prior, during, and after a spill event. In addition, the City will implement technologies, practices, and equipment as needed to expedite spill containment and recovery efforts.

The City will conduct post-spill assessments of spill response activities and discuss these results with applicable City staff to ensure any response issues are identified and addressed in a timely manner. The City will continue to document and report spill events as required in the 2022 SSS WDR.
4 PUBLIC ADVISORY PROCEDURE
This section describes the actions the City takes, in cooperation with the Mendocino County Environmental Health Department, to limit public access to areas potentially impacted by unpermitted discharges of pollutants to surface water bodies from the wastewater collection system.

4.1 TEMPORARY SIGNAGE
The City will coordinate with Mendocino County Environmental Health Department to determine when to post notices of polluted surface water bodies or ground surfaces that result from uncontrolled wastewater discharges from its facilities. The postings do not necessarily prohibit use of recreational areas, unless posted otherwise, but provide a warning of potential public health risks due to sewage contamination.

Creeks, streams, and beaches that have been contaminated as a result of a spill should be posted at visible access locations until the risk of contamination has subsided to acceptable background levels.

The warning signs, once posted, should be checked every day to ensure that they are still in place. “Closed” signs shall be posted at the outfall and a minimum of 100 feet upstream and 100 feet downstream of the discharge. If there is a large volume of sewage, more signs must be posted downstream.

Signs must remain posted until at least two (2) consecutive days of samplings meet the standards as listed in Appendix B – Table 6.

4.2 OTHER PUBLIC NOTIFICATION
Should the posting of surface water bodies or ground surfaces subjected to a spill be deemed necessary by Mendocino County Environmental Health Department, the Water/Sewer Maintenance Supervisor shall determine the need for further public notification through the use of pre-scripted notices made available to the printed or electronic news media for immediate publication or airing, or by other measures (e.g., front door hangers).

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SPILL EMERGENCY RESPONSE PLAN
5 REGULATORY AGENCY NOTIFICATION PLAN
This section establishes procedures which the City follows to provide formal notice to the regulatory agencies in the event of a spill. Agency notifications shall be performed in parallel with other internal notifications.

The reporting procedure shall be pursuant to the Notification, Monitoring, Reporting and Recordkeeping Requirements for Statewide General Waste Discharge Requirements for Sanitary Sewer System (Attachment E1 of the 2022 SSS WDR).

5.1 IMMEDIATE NOTIFICATION

1. Immediately report spills of any volume that results in a discharge to a drainage channel and/or surface water to the Cal OES at (800) 852-7550, within two (2) hours of City field staff becoming aware of the discharge.

2. Report any Category 1and Category 2 Spills (refer to Section 2.4 Definitions) to the Online CIWQS Sanitary Sewer Database at https://ciwqs.waterboards.ca.gov/ as soon as possible but no later than three (3) business days after the City is made aware of the spill event. A final certified report shall be completed through the Online CIWQS Sanitary Sewer Database, within fifteen (15) calendar days of the conclusion of spill response and remediation.

3. Report all other spills to the Online CIWQS Sanitary Sewer Database within thirty (30) days after the end of the calendar month in which the spill occurs.

4. For spills where more than 50,000 gallons reached surface waters, submit a Spill Technical Report through the Online CIWQS Sanitary Sewer Database https://ciwqs.waterboards.ca.gov/ within forty-five (45) days of the spill end date.

A complete list of the regulatory agencies and requirements for how to notify them is shown in Appendix E.

5.2 SECONDARY NOTIFICATION
After those parties identified in Section 1 have been contacted, the Water/Sewer Maintenance Supervisor shall contact other agencies, as necessary, as well as other interested and possibly impacted parties.

1. The Water/Sewer Maintenance Supervisor may report private lateral spills using the Online CIWQS Sanitary Sewer Database, specifying that the sewage discharge occurred and was caused by a private lateral and identifying the responsible party (other than the City), if known.

2. If there are no spills during a calendar month, the Water/Sewer Maintenance Supervisor shall submit an electronic certified report that the City did not have any spills, within thirty (30) calendar days after the end of each calendar month.

5.3 SPILL DOCUMENTATION
All spills should be thoroughly investigated and documented for use in managing the sewer system and meeting established reporting requirements.

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SPILL EMERGENCY RESPONSE PLAN
The Spill Response Crew completes the Sanitary Sewer Overflow Report (Appendix A) within twenty-four (24) hours of the spill confirmation. The Water/Sewer Maintenance Supervisor is responsible for reviewing, updating and signing the report. The complete report will be placed in the Spill Response Binder. Each individual spill file should include the following information:
 Initial service call information;
 Sanitary Sewer Overflow Report (Appendix A);
 Photos;
 Copies of the California Integrated Water Quality System (CIWQS) certified report forms;  Volume estimate;
 Steps that have been and will be taken to prevent the spill from recurring and a schedule to implement those steps; and
 Water quality sampling and test results, if applicable.

The 2022 SSS WDR requires that individual spill records be maintained by the City for a minimum of five (5) years from the date of the spill. This period may be extended when requested by the RWQCB Executive Officer. All records and documentation of performance and implementation measures for the previous five years shall be made available for review upon SWRCB, RWQCB, or EPA staff's request.
6 MEDIA NOTIFICATION PROCEDURE
When a sanitary sewer overflow has been confirmed and is a threat to public health, take the following actions, if necessary, to notify the media:

1. Spill Response Crew verifies overflow and reports back to the Water/Sewer Maintenance Supervisor.

2. The Water/Sewer Maintenance Supervisor informs the Public Information Officer (PIO) – at (707) 463-6213. The PIO shall be the “first-line” of response to the media for any overflows.

3. After hours and weekend sewer overflows are reported to the PIO via confidential phone numbers kept at the City and with the Water/Sewer Maintenance Supervisor.

4. Calls received by the dispatcher from the media at any time are referred to the PIO. 7 DISTRIBUTION AND MAINTENANCE OF SERP
Annual updates to the SERP reflect all changes in policies and procedures as may be required to achieve its objectives.

7.1 AVAILABILITY OF SERP
Distribute copies of the SERP and any amendments to the following departments and functional positions:
 Water/Sewer Services Attendant
 Water/Sewer Spill Response Crew

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 Water/Sewer Maintenance Supervisor
 Wastewater Treatment Plant Supervisor
 Water/Sewer Administration Office
All other personnel who may become incidentally involved in responding to spill shall be familiarized with the SERP.

7.2 REVIEW AND UPDATE OF SERP
As required under the 2022 SSS WDR, the SERP is to be reviewed, and its effectiveness assessed on an annual basis. The Water/Sewer Division shall annually review the SERP to ensure the SERP and related documents are current, correct, and applicable. Any changes or updates should be made as needed. Additionally, the SERP shall be incorporated into the City’s Sanitary Sewer Management Plan (SSMP).

7.3 TRAINING
The City has a specific budget item for sewer system staff training. All of the current sewer operation and maintenance staff are CWEA-certified and are trained in overflow emergency response procedures.

Training on the SERP shall be provided to all Water/Sewer Division staff members. The training shall be conducted by the Water/Sewer Maintenance Supervisor or his/her designee. The Water & Sewer Maintenance Supervisor makes sure the employees have the necessary skills to perform the operations and maintenance required by going over the standard operating procedures for all sewer operation and maintenance crew.

The trainer shall have extensive knowledge of not only the SERP but also the City of Ukiah and its staff, resources, field conditions, policies and procedures as they apply to the sewer system maintenance and emergency response.

Training shall be provided annually with the exception that the initial training be held within one (1) month following the completion of the SERP. Records of individuals’ training including date, time, place, content, name of trainer(s), and names of attendees shall be kept in support of this plan.

Contractors that perform work within the City or District shall meet the minimum safety requirements set forth by California OSHA and any training guidelines set forth by CWEA for collection system work.

Plumbing contractors are also notified about the potential impact of their work on the City’s sanitary sewer system as part of Russian River Watershed Association (RRWA) outreach program. More information is provided in SSMP Element 4 – Operation and Maintenance Program.

Spill Emergency Response Plan Appendices
Appendix A: Sanitary Sewer Overflow Report
Appendix B: Sanitary Sewer Overflow Action Plan
Appendix C: SSO Volume and Flow Rate Resources
Appendix D: Sanitary Sewer Overflow Survey
Appendix E: SSO Regulatory Agencies Notification
Requirements
Appendix F: Sample Warning Signs

SERP APPENDIX A

SANITARY SEWER OVERFLOW REPORT

MONTH DAY YEAR

SANITARY SEWER OVERFLOW REPORT
STOPPAGE OVERFLOW REPORT NO.

Name of Person Completing this Report:

Date of SSO:

Time Notified Time of Arrival at Site Time SSO stopped Estimated Duration (min)

LOCATION
Street Address District / CSA Latitude Longitude

ESTIMATED AMOUNT OF OVERFLOW
Gallons Descriptions
Estimated SSO Volume
Estimated Volume of SSO Recovered
Estimated Volume of SSO Reached Surface Water

FINAL SSO DESTINATION
Surface Waters Affected Evidence of Fish Kill Samples Collected

YES YES YES

NO NO NO

CAUSE PIPE INFORMATION
Broken Pipe AC CI / DI
Grease VCP Plastic
Roots CP Other
I & I Line Size:

Other Feet to Stoppage from Downstream Manhole:

CORRECTION, CLEANUP, CREW AND EQUIPMENT
Correction actions taken:

Vacuumed Debris Flushed Area Signage Posted No. of Days Signs Posted:

Gallons of Flush Water Used: Gallons of Flushed Water Recovered:

Crew (Initials) Time (hrs) Equipment Time (hrs) Materials Used Prepared by: Date: Reviewed by: Date:

REGULATORY AGENCY SPILL NOTIFICATION
Notified Agency
(not all required)
Notified by: Reported to: Time reported: Check if reported to voicemail
California OES
County Health
California DF&G

ATTACHED DOCUMENTATION
Photos Sketches Calculations
Video Video Other
Digital Photos File name and Directory:

INTERNAL NOTIFICATION
Name: Notified by: Time Notified:

OTHER NOTIFICATIONS
Name of Notified Agency or City Notified by: Reported to: Time Notified:

ADDITIONAL COMMENTS
Prepared by: Date: Reviewed by: Date:

SERP APPENDIX B

SANITARY SEWER OVERFLOW ACTION PLAN

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Sanitary Sewer Overflow Response and Notification Diagram Overflow Reported by Citizens, Plumbers or Outside Entities City Hall Switchboard
463-6200 YES
Is call during
business NO
hours?
24-Hour Emergency No.
463-6288
Notify W/S Services Attendant, Unit 2932
Pager: 466-8413
Notify On-Call W/S Maintenance Crew
Pager: 468-7341
W/S Services Attendant

1. Collect information from caller. Critical data includes caller's name and contact information, location of spill, observations of the caller.

Record initial information in Sanitary Sewer Overflow Report Form.

2. Notify W/S Maintenance Supervisor of spill.

On-Call W/S Maintenance Crew

1. Collect information from caller. Critical data includes caller's name and contact information, location of spill, observations of the caller.

Record initial information in Sanitary Sewer Overflow Report Form.

2. Notify W/S Maintenance Supervisor of spill.

W/S Maintenance Supervisor

1. Communicate with the Spill Response Crew

2. Join Spill Response Crew and contacts Alpha Labs to
collect samples if spill reaches surface water.

3. Alpha Labs collects samples and tests for Fecal Coliform, ammonia-, if spill reaches surface water.

4. Review and sign Sanitary Sewer Overflow Report
form and notify regulatory agencies as required. Refer
to Regulatory Agencies reporting checklist.

5. Investigate event in sufficient detail to prepare required reports.

Spill Response Crew

1. Assemble and coordinate response crew.

2. Dispatch response crew to spill location.

3. Document time of response crew dispatch.

4. Assess overflow conditions when arriving at spill location.

A. Notify W/S Maintenance Supervisor if spill is entering creek, strom drain or other surface water.

B. Notify W/S Maintenance Supervisor if additional resources are needed to control spill.

5. Document time of arrival.

6. Begin spill containment if spill is threatening to enter surface waters, stormdrains or private property.

7. Document spill conditions, estimate rate and volume. Take pictures if possible. Documentation is important but should not interfere with initial efforts to control spill if surface waters or private property is threatened.

8. Retify cause of spill and cleanup site.

9. Document time spill is stopped.

10. Confer with W/S Maintenance Supervisor regarding posting signs. Post Public Notification as directed by W/S Maintenance Supervisor.

A. Confirm decision to post signs with Utility Director and County Health.

B. Confer with County Health when removing signs. Request work to be done, notify PIO.

11. Complete Sanitary Sewer Overflow Report form SSORP-Appendix A and other documentations. Initial the Chain of Custody and forward the completed form to the next person or staff position listed.

12. Report spill details to W/S Maintenance Supervisor.

13. Document time spill response team leaves site.

Name Title Home Address Home Phone # Cell Phone #
Water/Sewer Sean White Director
Administration Jarod Thiele Project Analyst
Don Brown Supervisor
Nick Kirby Lead Worker
Jim Eddie Service Attendant
Water/Sewer Mario Dogali Attendant II
Maintenance John Aguilar Attendant II
Robert Hulbert Attendant II
Scott Norcross Attendant II
Nick Weiss Attendant I
Vincente Martinez Attendant I
AFTER HOURS:

Water/Sewer Maintenance: 707-391-8260 (Cell Phone)
Waste Water Treatment Plant: 707-272-3920 (On-Call Operators Phone) or 707-467-2818 (Plant Phone) Note:

In cases involving private property accidents including bodily injury of a private citien, sewer backups, or substantial private property damage, one of the investigators/adjustors at:

CAL NORTH ADJUSTERS
122 Calistoga Rd, #246
Santa Rosa, CA 95402
During Working Hours: Call Main Office 707-539-7785
During Non-Woring Hours: Call Ed Chasco 707-548-2165 (cell) 707-539-7071 (direct office)
707-584-7990 (home)
or
Chuck Veader 707-328-1539 (cell)
707-539-7785 (office line)

CITY OF UKIAH

PUBLIC WORKS, WATER/SEWER DIVISION
Table 1 - Internal Officials Contact Information
INFORMATION AVAILABLE IN INTERNAL COPIES OF SSMP.

NOT POSTED ONLINE.

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Table 2 - Spill Response Emergency Equipment
Equipment Voltage Power Fuel Size Driver Length Connections Location Comment Emergency generators
1 Honda
1 Honda
120V
240V
60HZ
60HZ
Gas
Gas

2.0KV

5.0KV
Corp Yard
Corp Yard
Portable pumps
1 Honda
3 Honda
5HP
5HP
Engine
Engine
Gas
Gas
2 1/2"
1 1/2"
Quick Con.

Quick Con.

Corp Yard
Corp Yard
Threaded Exit
Threaded Exit
Hose
6 Rolls
16 Rolls
SIZE
1 1/2
2 1/2
LENGTH
50'
50'
Threaded
Threaded
Corp Yard
Corp Yard
Evactors / Rodders
1 3

VEHICLE
Vacon
Vactor
Corp Yard
Corp Yard
Trucks
Heavy
2 1
Light
6 5YD
6YD
Service 6 Pick-ups
Corp Yard
Corp Yard
Corp Yard
1 Light Stand
3 Portable light stand
300-1000V
115V
Diesel
Electric
10'-40' Corp Yard
Corp Yard
Traffic Control
Cones
Small
Large
Barricades
Flashing Barricades
Delinators
100
100
200
20 40
Corp Yard
Corp Yard
Corp Yard
Repair Supplies Corp Yard
Sand Bags
2bx Sock Absorbent
Wattles 100"
Corp Yard
Corp Yard
Bag Island in Yard
Bag Island in Yard

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Table 3 - Lift Stations
Lift Station Address Direction to Nearest Surface
Water No. of Pumps Horse
Power Power Emergency
Power
Ford & Orchard 568 Ford St., Ukiah 400 feet North to Orr Creek 2 2.4 HP 230-V 1-Phase No Vichy Springs 200 View Dr., Ukiah 300 feet North to Sulphur Creek 2 5 HP 230-V 1-Phase No El Dorado 851 Ford Rd., Ukiah 100 feet West to Russian River 2 2 HP 230-V 1-Phase No

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Table 4 - Contractor Equipment Rental List
Contractor Rental Address Phone After Hours Contact
Hertz Equipment Rental Ukiah 707-463-5844
United Rentals Santa Rosa 707-585-7621 707-973-6614
707-952-9955
Rental Place Rohnert Park 707-584-9217
Hertz Big 4 Rentals Rohnert Park 707-586-4444 707-973-6540 Steve City LJ Construction Sebastopol 707-823-0247
Aaction Rentals Windsor 707-838-4379
Cal-West Rentals Inc. Petaluma 707-763-5665
Sonoma Rentals Sonoma 707-938-0711 Hector
Novato Rent-All Novato 415-892-4621
Tell Rentals Inc. Vallejo 707-644-4438
Gotelli's Rental Service San Rafael 415-453-6940
International Construction Inc. Vallejo 707-643-8898
Vallejo Rent-All Vallejo 707-643-1755

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Table 5 - Sample Requirements
Analysis Sample Size Preservative Holding Period
Ammonia Nitrogen
Selective Electrode
Method 4500 NH3-D
Titrimetric Method
4500 NH3-C
200 - 500 ml
200 - 500 ml
Store at 4-deg. C
Acidify (pH 1.5 - 2)
with H2SO4
Store at 4-deg. C
Acidify (pH 1.5 - 2)
with H2SO4
Up to 24 hours,
acidify for longer
storage.

Up to 24 hours,
acidify for longer
storage.

Fecal Coliform
Total Coliform
Fecal Coliform Direct
Test (A-1 Medium)
9221 E
250 - 500 ml Temp < 10-deg. C 24 hours

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Table 6 - Surface Water Benchmark Levels
Parameter Units Typical Values Values of Concern
Ammonia-N milligram per liter
(mg/l) < 1 2
Fecal Coliform
Most Probable Number
per 100 milliliters
(MPN/100 ml)
20 200
Source: Linvil G. Rich, Environmental Systems Engineering, McGraw-Hill, New York, (1973).

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Investigative Process for Identifying Overflow Causes
and Preventing Future Occurrences
Overflow reported.

Identify location and type of overflow.

1. Manhole

2. Pump station

3. Building flooding

4. Other
Implement investigative measures
to confirm cause.

Initiate actions to prevent future
occurrences.

Identify other locations where
similar events could occur.

Develop training and communications
protocols to prevent similar occurrences
in the future.

Investigative Chart to Determine SSO Causes, Corrective Actions and Preventive Measures
Legend
a hydraulic modeling
b engineering evaluation support
c closed circuit television inspection (CCTV)
d smoke testing
e dyed water flood testing
f dyed water flood testing with CCTV
g temporary flow monitoring.
h night time flow isolation testing
1 rainfall simulation testing
J manhole inspection
k line Iamping
I ground-penetrating radar (voids under pavement)
m ground survey (establish inlet/outlet pipe inverts in u/s & dis manholes) n construction observation/inspection
p piezometric data
q check pump station status - pump and drive equipment, instrumentation and controls, motor control center, hydraulic surge arrestor, check valves, standby power, etc.
r inspect right-of-way/easement
t contact power company

vi1 r ur Ul".l/-\n

UKIAH UTILITIES, WATER/SEWER DIVISION

CITY OF UKIAH
UKIAH PUBLIC WORKS, WATER/SEWER DIVISION Investigative Chart to Determine SSO Causes, Corrective Actions and Preventative Measures
Location I Type of Overflow Cause Possible
Investigative
Steps
Actions to Prevent Future Occurrences

1.Manhole Trunk, Interceptor and Collector
Sewer Stoppage & Surcharge Due to:

Hydraulic capacity limit (dry weather)
Rain-dependent Infiltration (pipe defects)
Inflow (x-connect, manhole cover) Groundwater infiltration Debris depositionPartial/ totalline collapseSag
Flat I reverse grade Severely offset joints
Grease
RootsProtruding tap (collector sewer) VandalismAdjacent Construction Activities Downstream Pump Station Failure
a,b,g
b,c,d,e
d,h,r c,j,k c,k,l c,k k,m c,k c,j
c,k,j
c c,j,k
c,g,k,n,r
q
Clean more frequently until line is relieved; temporarily escalate wastewater minimization practices through public education/notification practices; report to engineeringClean more frequently prior to capital Illrehabilitation; report to engineering
Remove x-connect;install manhole inflow protectorsClean more frequently prior to capital IllrehabilitationClean line; monitor need for increased cleaning frequency Make point repairMake point repair
Clean more frequently untilcapital improvement made
Make point repair
Thoroughly clean the line; escalate source control
effortsMechanically or chemically remove roots;exercisesource control Remove protruding tapBolt down manhole cover to keep foreign material out; coordinate with police for increased patrolling of area Increase Agency monitoring of 3rd party construction activities; monitor flows See #4 Pump StationI Transmission System

CITY OF UKIAH

UKIAH UTILITIES,WATER/SEWER DIVISION
Location I Type of Overflow Cause Possible
Investigative
Steps
Actions to Prevent Future Occurrences

2. Building Flooding Service lateral stoppage due to:

Collapse, sagGrease, debris and roots
Infiltration /InflowDefective service connection at collector sewerCollector sewer backup into service lateral
c
c
c,d,e,l c
See #1Manhole

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION
Investigative Chart to Determine 550 Causes,
Corrective Actions and Preventative Measures
(Note:Responsibilities of owner unless noted
otherwise)
Engage services of a plumber
Engage services of a plumber or line cleaning service; consider replacement of service if a chronic problem; install additional clean out(s) as necessary Remove inflow sources, e.g., sump drains, roof leaders
Proper reconnection by Agency
See #1 Manhole; Agency responsibility
If lowest fixture is at least 1 foot above upstream MH
Agency has responsibility to correct problem,if lower than 1foot property owner should install backflow device.

SERP APPENDIX C

SSO VOLUME AND FLOW RATE RESOURCES

SERP APPENDIX D

SANITARY SEWER OVERFLOW SURVEY

SERP APPENDIX E

SSO REGULATORY AGENCIES NOTIFICATION REQUIREMENTS

Spill Notification Contact Information
(Outside Agencies)
CA Office of Emergency Services(OES):

1. State 1‐800‐852‐7550

2. Sacramento Office 916‐ 845‐8510
Mendocino County Environmental Health (County):

RWQCB:

1. Water System Violations 707‐463‐4466 (24‐hrs.)

2. Hazardous Materials Spills 707‐463‐4086

3. Dave Jensen 707‐234-6636

4. FAX 707‐463‐4038

1. Office 707‐576‐2220

2. Mona Dougherty 707‐570-3761

3. Cathy Goodwin 707‐576‐2687

4. FAX 707‐523‐0135

5. Pager 707‐323‐4945 (after hours)
CA Dept. of Fish and Wildlife:

1. Office 530‐225‐2300

2. Sacramento Office 916‐ 445‐0411
CA Dept. of Health Services:

1. Office 707‐576‐2145

2. Michelle Frederick 707‐576‐2731
National Marine Fisheries Services:

1. Office 707‐575‐6050
US Environmental Protection Agency:

1. Sacramento Office 916‐323‐2514
NOTE:
‐The City is required to call OES within 2 hours of spills where 1,000 gallons or more reach Surface Water. All other agencies will be notified by OES.

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION

AGENCY NOTIFICATION REQUIREMENTS
Agency Event Verbal Notification Written Notification Spill Response Procedure Contact Information State of California Category 1 SSOs where
1,000 gallons or more
reach Surface Waters
Call OES 1‐800‐852‐7550
immediately (within 2‐hr).

Provide:

1. Name

2. Agency

3. Phone number

4. Date & time of
occurrence

5. Location

6. Est. Volume & rate of
flow

7. Duration

8. Surface water bodies
impacted

9. Responding Agencies

10. Cause of spill

11. Cleanup actions or
repairs made
Obtain OES Notification
Control Number
1 ‐ Submit online draft
report within 3 business
days by using CIWQS
website
2 ‐ Certify online report
within 15 calendar days.

Provide:

1. Reasons for discharge

2. Duration and volume
of discharge

3. Steps taken to correct
problem

4. Steps taken to prevent
problem from recurring

5. Other agencies
notified of event
Determined on a case by
case basis using best
professional judgment.

Refer to SSORP‐Appendix
B: Investigate chart to
determine SSO causes,
corrective actions and
preventive measures.

OES 1‐800‐852‐7550
CIWQS:
www.waterboards.ca.
gov/ciwqs/
Category 1 SSOs where
less than 1,000 gallons
reached surface waters
and all Category 2 SSOs
No immediate notification
required.

1. Submit online report
within 3 business days by
using CIWQS website
2 ‐ Certify online report
within 15 calendar days
Refer to SSORP‐Appendix
B: Investigate chart to
determine SSO causes,
corrective actions and
preventive measures.

Category 3 SSOs No verbal notification
required.

Submit online report
within 30 days after end
of calendar month by
using CIWQS website
Refer to SSORP‐Appendix
B: Investigate chart to
determine SSO causes,
corrective actions and
preventive measures.

No SSOs in Month No verbal notification
required.

Submit online report
within 30 days past the
end of the month by
using CIWQS website.

CITY OF UKIAH

UKIAH PUBLIC WORKS, WATER/SEWER DIVISION

AGENCY NOTIFICATION REQUIREMENTS
References Websites:

1. State Water Resources Control Board Website, www.swrcb.ca.gov

2. North Coast RWQCB Website, www.swrcb.ca.gov

3. California Office of Emergency Services Website, www.Oes.ca.gov

4. California Department of Health Services Website, www.dhs.cahwnel.gov

5. US Environmental Protection Agency Website, www.epa.gov

6. US Fish & Wildlife Service Website, www.fws.gov; pacific.fws.gov

7. National Marine Fisheries Service Website, www.nmfs.gov

SERP APPENDIX F

SAMPLE WARNING SIGNS

WARNING!

RAW SEWAGE SPILL

AREA CLOSED
Please Keep Children and Pets
Out of Area
City of Ukiah, Public Information Office
707-463-6287

KEEP OUT
WARNING!

CONTAMINATED WATER
Mendocino County Environmental Health
and
City of Ukiah

Agenda Item No: 13.b.

MEETING DATE/TIME: 9/3/2025

ITEM NO: 2025-978

AGENDA SUMMARY REPORT
SUBJECT: Possible Adoption of Urgency Ordinance Adopting FEMA's Model Floodplain Management Ordinance, Flood Insurance Study, and Flood Insurance Rate Maps.

DEPARTMENT: City Attorney PREPARED BY:

PRESENTER: Darcy Vaughn, Assistant City Attorney
ATTACHMENTS:

1. Floodplain Management Urgency Ordinance

2. 13b Floodplain Management Ordinance FEMA - Updated
Summary: The City Council for the City of Ukiah will consider adopting the Urgency Ordinance Adopting FEMA's Model Floodplain Management Ordinance, Flood Insurance Study, and Flood Insurance Rate Maps, which will go into effect immediately after adoption.

Background: Since 2020, the City has been in communication with Federal Emergency Management Agency (FEMA) Regional Office regarding updated flood insurance rate maps (FIRM) and a Flood Insurance Study (FIS) report for Mendocino County and the City of Ukiah. On or about August 13, 2025, the City's Public Works Department received a letter from the FEMA Regional Office stating that the City has until September 19, 2025, to approve via ordinance floodplain management regulations that satisfy 44 Code of Federal Regulations (CFR) § 60.3(d) of the National Flood Insurance Program (NFIP) regulations to avoid suspension from the NFIP. The National Flood Insurance Act was enacted to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to FEMA an ordinance adopting flood plain management regulations ("Ordinance") that satisfy the requirements of 44 CFR § 60.3 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.

The City did at one point adopt floodplain management regulations, which were set forth in Division 9, Chapter 6 of the City Code. However, these were repealed in 2011. While the City has adopted the most recent version of Appendix G of the California Building Code, which sets forth certain minimum floodplain management standards, the City does not currently have in effect floodplain management regulations that satisfy the prerequisites for the NFIP or the regulations for the NFIP set forth at 44 CFR Part 60. Pursuant to 44 CFR §

59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the NFIP for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60.

Discussion: SUMMARY OF ORDINANCE
The Floodplain Management Urgency Ordinance (Attachment 1) adopts by reference all areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) for Mendocino County accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) and states that the FIS, FIRMs and FBFMs will be available for review at the Civic Center.

The Ordinance designates the City Engineer as the Floodplain Administrator, the official charged with

administration and enforcement, or delegation of both, of the floodplain management regulations, contained in the Ordinance. More specific duties include reviewing all permit applications to determine whether proposed development is located in flood hazard areas and granting or denying all permits in these areas based on the floodplain management regulations, requiring that development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage, interpreting flood hazard area boundaries and provide available flood elevation and flood hazard information, and reviewing all applications and plans for development in flood hazard areas for compliance with the floodplain management regulations. An applicant may be required to submit additional engineering data, such as additional hydrologic, hydraulic or other engineering data, studies. If so, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes.

The Ordinance imposes additional requirements on development permit applicants seeking to undertake development projects in flood hazard areas. Site plans for such projects require the applicant to show additional information such as the location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; locations of existing buildings and structures, and the location, extent, amount, and proposed final grades of any filling, grading, or excavation.

The Ordinance sets forth requirements for issuance of a variance, which the City is authorized to issue for floodplain management purposes only. While these are primarily set forth in Appendix G, the Ordinance includes criteria for issuance of a variance for construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed.

The Ordinance establishes a number of requirements for flood resistant development, such as limitations on placement of fill, requirements for installation of mobile home parks, for development of detached garages and other accessory structures generally, and for flood control projects.

Finally, the Ordinance contains enforcement provisions that allow the City to determine when there has been a violation of the Ordinance and what penalties will apply. The Ordinance states that violations of its provisions constitute a misdemeanor.

The Ordinance requires review from both FEMA and the NFIP division of the California Department of Water Resources prior to adoption. This review is still pending.

URGENCY ORDINANCE FINDINGS
The Ordinance is being adopted as an urgency ordinance due to the fact that Ukiah's continued participation in the National Flood Insurance Program requires the City to, prior to September 19, 2025, adopt a current Floodplain Management Ordinance that complies with FEMA's requirements and that adopts FEMA's Flood Insurance Study and Flood Insurance Rate Maps for the City. The impending loss of community eligibility for flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by catastrophic floods and related conditions during the upcoming rainy season. In the absence of this Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase federal flood insurance to affected community members, as well as to protect public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster. Furthermore, and of utmost concern, is the fact that Ukiah residents that currently have federal flood insurance coverage would lose that coverage if FEMA suspends the City's participation in NFIP.

Ordinances may take effect immediately when adopted for the “immediate preservation of the public peace, health or safety[.]” (Gov Code, § 36937(b).) When enacted on an urgency basis, the ordinance must contain a statement of facts justifying the urgency. (Id.) Although courts may not investigate the truth of these facts, the mere declaration that an ordinance is passed for the immediate preservation of public peace, health, or safety is insufficient to withstand challenge. (Crown Motors v. City of Redding (1991) 232 Cal.App.3d 173,

179.)
If the Council adopts the Ordinance, it will go into effect immediately. Having reviewed the Ordinance prior to this meeting, FEMA personnel have indicated that the draft Ordinance complies with 44 CFR Part 60 and that the City's eligibility for the sale of flood insurance under the National Flood Insurance Act will not be suspended if the Ordinance goes into effect prior to September 19, 2025.

Recommended Action: Adopt the Urgency Ordinance Adopting FEMA's Model Floodplain Management Ordinance, Flood Insurance Study, and Flood Insurance Rate Maps 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
PREVIOUS CONTRACT/PURCHASE ORDER NO.:N/A
COORDINATED WITH: Public Works
STRATEGIC PLAN (SP):N/A
CLIMATE INITIATIVES (CI):N/A
GENERAL PLAN ELEMENTS (GP):N/A

ORDINANCE NO.X

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS

SECTIONS OF THE UKIAH CITY CODE TO RE-ADOPT THE MOST RECENT CALIFORNIA BUILDING STANDARDS CODE PROVISIONS REGARDING FLOODPLAN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND TO ADOPT ADDITIONAL FLOODPLAIN MANAGEMENT REGULATIONS.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Ukiah and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Ukiah was accepted for participation in the National Flood Insurance Program on July 19, 1982 and the City Council of the City of Ukiah desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Ukiah is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and
WHEREAS, the City Council of the City of Ukiah has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ukiah that the following floodplain management regulations are hereby adopted.

SECTION TWO.

A new Article 1, entitled SCOPE AND ADMINISTRATION, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9600 TITLE
Attachment 1

The regulations set forth in this Chapter, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “Building Codes,” consisting of the Part 2 (building) and Part 2 Appendix G (hereinafter “Appendix G”), Part 2.5 (residential), and Part 10 (existing building), shall be known as the Floodplain Management Regulations of the City of Ukiah (hereinafter “these Regulations”). § 9601 STATUTORY AUTHORITY
The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. § 9602 SCOPE
These Regulations, in combination with the flood provisions of the Building Codes shall apply to all proposed development in flood hazard areas established in Section 9616 of these Regulations § 9603 PURPOSES AND OBJECTIVES
The purposes and objectives of these Regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

A. Prevent unnecessary disruption of commerce, access and public service during times of flooding.

B. Manage the alteration of natural floodplains, stream channels and shorelines; C. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

D. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

E. Contribute to improved construction techniques in the floodplain.

F. Minimize damage to public and private facilities and utilities.

G. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

H. Minimize the need for rescue and relief efforts associated with flooding.

I. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

J. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

K. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22. § 9604 COORDINATION WITH BUILDING CODE
Pursuant to the requirement established in State statute that the City of Ukiah administer and enforce the State building codes, the City Council of the City of Ukiah does hereby acknowledge that the building codes contain certain provisions that apply to the design and construction of buildings and

structures in flood hazard areas. Therefore, these Regulations are intended to be administered and enforced in conjunction with the Building Codes.
§ 9605 ADOPTION OF CCR TITLE 24 PART 2 APPENDIX G.

As provided in Sections 3000 and 3002 of this Code, the version of CCR Title 24 Part 2 Appendix G Flood-Resistant Construction most recently adopted by the State of California is hereby adopted and made a part of the California Building Standards Code and shall apply in flood hazard areas. § 9606 WARNING
The degree of flood protection required by these Regulations and the Building Codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes.

Enforcement of these Regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these Regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these Regulations.
§ 9607 DISCLAIMER OF LIABILITY
These Regulations shall not create liability on the part of the City Council of the City of Ukiah, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these Regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these Regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these Regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these Regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these Regulations.
§ 9608 OTHER LAWS
The provisions of these Regulations shall not be deemed to nullify any provisions of local, State or federal law.
§ 9609 ABROGATION AND GREATER RESTRICTIONS

These Regulations supersede any ordinance in effect in flood hazard areas. However, these Regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or Building Codes. In the event of a conflict between these Regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

SECTION THREE.

A new Article 2, entitled APPLICABILITY, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9615 GENERAL APPLICABILITY
These Regulations, in conjunction with the Building Codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the building codes; and other buildings and development activities.
§ 9616 ESTABLISHMENT OF FLOOD HAZARD AREAS
The Flood Insurance Study for Mendocino, California and Incorporated Areas dated July 19, 1982 and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these Regulations and serve as the basis for establishing flood hazard areas.

Where the Building Code establishes flood hazard areas, such areas are established by this Section.

Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the City of Ukiah Civic Center, City Engineer’s Office, located at 300 Seminary Ave, Ukiah, CA 95482. § 9617 INTERPRETATION
In the interpretation and application of these Regulations, all provisions shall be:

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

SECTION FOUR.

A new Article 3, entitled DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:

§ 9620 DESIGNATION
The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees. Where Appendix G refers to the City Engineer, each such reference shall refer to the Floodplain Administrator. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of Appendix G.
§ 9621 GENERAL AUTHORITY
The Floodplain Administrator is authorized and directed to administer the provisions of these Regulations. The Floodplain Administrator shall have the authority to render interpretations of these Regulations consistent with the intent and purpose of these Regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these Regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Appendix G.
§ 9622 COORDINATION
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these Regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9625 of these Regulations. § 9623 DUTIES
The duties of the Floodplain Administrator shall include but are not limited to:

A. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 9616 of these Regulations.

B. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

C. Interpret flood hazard area boundaries, provide available flood elevation and flood hazard information.

D. Determine whether additional flood hazard data shall be obtained or developed.

E. Review all applications and plans for development in flood hazard areas for compliance with these Regulations.

F. Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants.

G. Review, in conjunction with the Building Official, required certifications and documentation specified by these Regulations and the building code to determine that such certifications and documentations are complete.

H. Establish, in coordination with the Building Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9625 of these Regulations.

I. Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

J. Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Appendix G.

K. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

L. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

M. Inspect development within the scope of Appendix G and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

N. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Appendix G.

O. Cite violations.

P. Notify the Federal Emergency Management Agency when the corporate boundaries of {name of community} have been modified.
§ 9624 OTHER PERMITS REQUIRED
The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these Regulations and shall provide documentation of such permits to the Floodplain Administrator. Examples of such permits include but are not limited to:

A. California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).

B. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
§ 9625 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

A. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the

building or structure shall be the market value before the damage occurred and before any repairs are made.

B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. § 9626 DEPARTMENT RECORDS
In addition to the requirements of the Building Code and Appendix G, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these Regulations and the flood provisions of the building codes, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these Regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these Regulations and the flood resistant provisions of the building codes.

SECTION FIVE.

A new Article 4, entitled SITE PLANS AND DOCUMENTATION, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9630 ADDITIONAL SITE PLAN INFORMATION
In addition to the site plan requirements of the Building Code and Appendix G shall include, as applicable to the proposed development:

A. Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.

B. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

C. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

D. Extent of any proposed alteration of sand dunes, provided such alteration is approved by the California Coastal Commission or certified Local Coastal Program, if applicable.

E. Existing and proposed alignment of any proposed alteration of a watercourse. § 9631 ADDITIONAL ENGINEERING DATA

When additional hydrologic, hydraulic or other engineering data, studies, and additional data and analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified registered professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

SECTION SIX.

A new Article 5, entitled VARIANCES, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9635 VARIANCES, IN ADDITION
In addition to the variance provisions of Appendix G:

A. The considerations and conditions for variances set forth in Appendix G are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these Regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only.

Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

B. It is the duty of the City Council of the City of Ukiah to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare.

The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these Regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
§ 9636 AGRICULTURAL STRUCTURES
A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this Article are satisfied and:

A. A determination has been made that the proposed agricultural structure:

1. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

2. Has low damage potential.

3. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.

4. Complies with the wet floodproofing construction requirements of paragraph B, below.

B. Wet floodproofing construction requirements.

1. Anchored to resist flotation, collapse, and lateral movement.

2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

3. Flood damage-resistant materials are used below the base flood elevation.

4. Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

SECTION SEVEN.

A new Article 6, entitled VIOLATIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9640 VIOLATIONS, GENERAL
In addition to the violation provisions of the Building Code and Appendix G, any development requiring a permit from the City in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. § 9641 BUILDINGS AND STRUCTURES
A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these Regulations or the Building Code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
§ 9642 AUTHORITY
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the building codes, but is regulated by these Regulations and that is determined to be a violation.
§ 9643 UNLAWFUL CONTINUANCE

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by federal, state, or local law.

SECTION EIGHT.

A new Article 7, entitled DEFINITIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9645 GENERAL
The following words and terms shall, for the purposes of these Regulations, have the meanings shown herein. Other terms are defined in the Building Code and Appendix G and terms are defined where used in the Residential Code (rather than in the Definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies. § 9646 DEFINITIONS
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other landdisturbing activities.

ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

EXCEPTIONAL HARDSHIP. For the purpose of variances from these Regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 3, 2025.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

FRAUD OR VICTIMIZATION. For the purpose of variances from these Regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.

LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.

MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these Regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after September 3, 2025 NUISANCE. That which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

SECTION NINE.

A new Article 8, entitled FLOOD RESISTENT DEVELOPMENT, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9650 SUBDIVISIONS, IN ADDITION
In addition to the subdivision provisions in Appendix G, the following requirements apply:

A. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

B. When fill will be placed to support buildings, the fill shall be placed in accordance with the building code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer. § 9651 SITE IMPROVEMENT, IN ADDITION
In addition to the site improvement provisions in Appendix G, the requirements of this Article shall apply.

§ 9652 LIMITATIONS ON PLACEMENT OF FILL
Where the placement of fill is permitted by the building code, Appendix G, or these Regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the building code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 9631 of these Regulations. § 9653 MANUFACTURED HOMES – INSTALLATION, IN ADDITION
In addition to the provisions for manufactured homes in Appendix G:

A. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these Regulations.

B. In addition to permits pursuant to Appendix G, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes.

C. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
§ 9654 ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME

PARKS AND SUBDIVISIONS
Manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:

A. Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation.

B. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. § 9655 DETACHED GARAGES AND ACCESSORY STORAGE STRUCTURES The provision in Appendix G for garages and accessory structures shall be replaced with this Section.

Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

A. Are one story and not larger than 600 square feet in area when located in special flood hazard areas other than coastal high hazard areas.

B. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

C. Have flood openings in accordance with the building code.

D. Have flood damage-resistant materials used below the base flood elevation.

E. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
§ 9656 FLOOD CONTROL PROJECTS; GENERAL
In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
§ 9657 FLOOD CONTROL PROJECTS; APPLICATION
Applications for permits for flood control projects shall include documentation including but not limited to:

A. Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.

B. Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.

C. The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than

0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

SECTION TEN.

Sections 3031 through 3035 of the Ukiah City Code shall be repealed.

SECTION ELEVEN. URGENCY ORDINANCE
This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows:

1. The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing and Urban Development Act of 1968 to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance

adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.

2. While the City has adopted the most recent version of Appendix G of the California Building Code which does set forth certain minimum flood plain management standards, the City does not currently have in effect flood plain management regulations that satisfy the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.

3. Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60.

3. If the City does not achieve compliance with the requirements of 44 CFR § 59.22 by September 19, 2025, the City’s eligibility for the sale of flood insurance under the National Flood Insurance Act will be suspended pursuant to 44 CFR § 59.24.

4. The City Council finds that the impending loss of community eligibility for flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by catastrophic floods and related conditions during the upcoming rainy season. In the absence of this Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase federal flood insurance to affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster.

Ordinances may take effect immediately when adopted for the “immediate preservation of the public peace, health or safety[.]” (Gov Code, § 36937(b).) When enacted on an urgency basis, the ordinance must contain a statement of facts justifying the urgency. (Id.) Although courts may not investigate the truth of these facts, the mere declaration that an ordinance is passed for the immediate preservation of public peace, health, or safety is insufficient to withstand challenge. (Crown Motors v. City of Redding (1991) 232 Cal.App.3d 173, 179.) SECTION TWELVE. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Ukiah. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.

SECTION THIRTEEN. INCLUSION INTO THE UKIAH CITY CODE
It is the intent of the City Council of the City of Ukiah that the provisions of this Ordinance shall become and be made a part of the Ukiah City Code, and that the sections of this Ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.

SECTION FOURTEEN. SEVERABILITY. Where any section, subsection, sentence, clause, or phrase of these Regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.

SECTION FIFTEEN.

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

2. Effective Date: The ordinance shall become effective immediately after its adoption.

Introduced by title only on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on , 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglas F. Crane, Mayor
ATTEST:

Kristine Lawler, CMC/City Clerk

ORDINANCE NO.X

URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING VARIOUS

SECTIONS OF THE UKIAH CITY CODE TO RE-ADOPT THE MOST RECENT CALIFORNIA BUILDING STANDARDS CODE PROVISIONS REGARDING FLOODPLAN MANAGEMENT; TO ADOPT FLOOD HAZARD MAPS; TO DESIGNATE A FLOODPLAIN ADMINISTRATOR; AND TO ADOPT ADDITIONAL FLOODPLAIN MANAGEMENT REGULATIONS.

The City Council of the City of Ukiah hereby ordains as follows:

SECTION ONE. FINDINGS
WHEREAS, the Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries of the City of Ukiah and such areas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and
WHEREAS, the City of Ukiah was accepted for participation in the National Flood Insurance Program on July 19, 1982 and the City Council of the City of Ukiah desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, pursuant to the California Health and Safety Code, Division 13, Part 1.5 and Part 2.5, the City of Ukiah is required to administer and enforce the California Building Standards Code, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and
WHEREAS, the City Council of the City of Ukiah has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the California Building Standards Code.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ukiah that the following floodplain management regulations are hereby adopted.

SECTION TWO.

A new Article 1, entitled SCOPE AND ADMINISTRATION, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9600 TITLE

The regulations set forth in this Chapter, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter “Building Codes,” consisting of the Part 2 (building) and Part 2 Appendix G (hereinafter “Appendix G”), Part 2.5 (residential), and Part 10 (existing building), shall be known as the Floodplain Management Regulations of the City of Ukiah (hereinafter “these Regulations”). § 9601 STATUTORY AUTHORITY
The Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. § 9602 SCOPE
These Regulations, in combination with the flood provisions of the Building Codes shall apply to all proposed development in flood hazard areas established in Section 9616 of these Regulations § 9603 PURPOSES AND OBJECTIVES
The purposes and objectives of these Regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

A. Prevent unnecessary disruption of commerce, access and public service during times of flooding.

B. Manage the alteration of natural floodplains, stream channels and shorelines; C. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

D. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

E. Contribute to improved construction techniques in the floodplain.

F. Minimize damage to public and private facilities and utilities.

G. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

H. Minimize the need for rescue and relief efforts associated with flooding.

I. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

J. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

K. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22. § 9604 COORDINATION WITH BUILDING CODE
Pursuant to the requirement established in State statute that the City of Ukiah administer and enforce the State building codes, the City Council of the City of Ukiah does hereby acknowledge that the building codes contain certain provisions that apply to the design and construction of buildings and

structures in flood hazard areas. Therefore, these Regulations are intended to be administered and enforced in conjunction with the Building Codes.
§ 9605 ADOPTION OF CCR TITLE 24 PART 2 APPENDIX G.

As stated in Sections 3000 and 3002 of this Code, CCR Title 24 Part 2 Appendix G Flood-Resistant Construction is hereby adopted and made a part of the California Building Standards Code and shall apply in flood hazard areas.
§ 9606 WARNING
The degree of flood protection required by these Regulations and the Building Codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes.

Enforcement of these Regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these Regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these Regulations.
§ 9607 DISCLAIMER OF LIABILITY
These Regulations shall not create liability on the part of the City Council of the City of Ukiah, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these Regulations or any administrative decision lawfully made hereunder. The Floodplain Administrator and any employee charged with the enforcement of these Regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these Regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these Regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these Regulations.
§ 9608 OTHER LAWS
The provisions of these Regulations shall not be deemed to nullify any provisions of local, State or Federal law.
§ 9609 ABROGATION AND GREATER RESTRICTIONS

These Regulations supersede any ordinance in effect in flood hazard areas. However, these Regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or Building Codes. In the event of a conflict between these Regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

SECTION THREE.

A new Article 2, entitled APPLICABILITY, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9615 GENERAL APPLICABILITY
These Regulations, in conjunction with the Building Codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Building Codes; and other buildings and development activities.
§ 9616 ESTABLISHMENT OF FLOOD HAZARD AREAS
The Flood Insurance Study for City of Ukiah, California Mendocino County dated August 5, 1985, and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these Regulations and serve as the basis for establishing flood hazard areas.

Where the Building Code establishes flood hazard areas, such areas are established by this Section.

Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the City of Ukiah Civic Center located at 300 Seminary Ave, Ukiah, CA 95482. § 9617 INTERPRETATION
In the interpretation and application of these Regulations, all provisions shall be:

A. Considered as minimum requirements.

B. Liberally construed in favor of the governing body.

C. Deemed neither to limit nor repeal any other powers granted under state statutes.

SECTION FOUR.

A new Article 3, entitled DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:

§ 9620 DESIGNATION
The City Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees. Where Appendix G refers to the City Engineer, each such reference shall refer to the Floodplain Administrator. The Floodplain Administrator is authorized and directed to administer and enforce the provisions of Appendix G.
§ 9621 GENERAL AUTHORITY
The Floodplain Administrator is authorized and directed to administer the provisions of these Regulations. The Floodplain Administrator shall have the authority to render interpretations of these Regulations consistent with the intent and purpose of these Regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these Regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Appendix G.
§ 9622 COORDINATION
The Floodplain Administrator shall coordinate with and provide comments to the Building Official to administer and enforce the flood provisions of the Building Code and to ensure compliance with the applicable provisions of these Regulations. The Floodplain Administrator and the Building Official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9625 of these Regulations. § 9623 DUTIES
The duties of the Floodplain Administrator shall include but are not limited to:

A. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 9616 of these Regulations.

B. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

C. Interpret flood hazard area boundaries, provide available flood elevation and flood hazard information.

D. Determine whether additional flood hazard data shall be obtained or developed.

E. Review all applications and plans for development in flood hazard areas for compliance with these Regulations.

F. Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants.

G. Review, in conjunction with the Building Official, required certifications and documentation specified by these Regulations and the Building Code to determine that such certifications and documentations are complete.

H. Establish, in coordination with the Building Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 9625 of these Regulations.

I. Coordinate with the Building Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

J. Review requests submitted to the Building Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Building Code, to determine whether such requests require consideration as a variance pursuant to Appendix G.

K. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available.

L. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NFIP State Coordinating Agency, and to submit copies of such notifications to FEMA.

M. Inspect development within the scope of Appendix G and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

N. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Appendix G.

O. Cite violations.

P. Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Ukiah have been modified.
§ 9624 OTHER PERMITS REQUIRED
The applicant shall obtain all other required State and Federal permits prior to initiating work authorized by these Regulations and shall provide documentation of such permits to the Floodplain Administrator. Such permits include but are not limited to:

A. California Coastal Commission or certified Local Coastal Program, if applicable, for activities subject to the Coastal Development Permit requirements and policies of the California Coastal Act (Public Resources Code, Division 20).

B. California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
§ 9625 SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS For applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall:

A. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the

building or structure shall be the market value before the damage occurred and before any repairs are made.

B. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Building Code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. § 9626 DEPARTMENT RECORDS
In addition to the requirements of the Building Code and Appendix G, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these Regulations and the flood provisions of the Building Codes, including Flood Insurance Studies, Flood Insurance Rate Maps (FIRMs); documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these Regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these Regulations and the flood resistant provisions of the building codes.

SECTION FIVE.

A new Article 4, entitled SITE PLANS AND DOCUMENTATION, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9630 ADDITIONAL SITE PLAN INFORMATION
In addition to the site plan requirements of the Building Code and Appendix G shall include, as applicable to the proposed development:

A. Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.

B. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

C. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.

D. Extent of any proposed alteration of sand dunes, provided such alteration is approved by the California Coastal Commission or certified Local Coastal Program, if applicable.

E. Existing and proposed alignment of any proposed alteration of a watercourse. § 9631 ADDITIONAL ENGINEERING DATA

When additional hydrologic, hydraulic or other engineering data, studies, and additional data and analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified registered professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a Conditional Letter of Map Revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a Letter of Map Revision.

SECTION SIX.

A new Article 5, entitled VARIANCES, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9635 VARIANCES, IN ADDITION
In addition to the variance provisions of Appendix G:

A. The considerations and conditions for variances set forth in Appendix G are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be issued for a parcel of property with physical characteristics so unusual that complying with the requirements of these Regulations would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. The issuance of a variance is for floodplain management purposes only.

Federal flood insurance premium rates are determined by the National Flood Insurance Program according to actuarial risk and will not be modified by the granting of a variance.

B. It is the duty of the City Council of the City of Ukiah to promote public health, safety and welfare and minimize losses from flooding. This duty is so compelling and the implications of property damage and the cost of insuring a structure built below flood level are so serious that variances from the elevation or other requirements in the building codes should be quite rare.

The long-term goal of preventing and reducing flood loss and damage, and minimizing recovery costs, inconvenience, danger, and suffering, can only be met when variances are strictly limited. Therefore, the variance requirements in these Regulations are detailed and contain multiple provisions that must be met before a variance can be properly issued. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.
§ 9636 AGRICULTURAL STRUCTURES
A variance is authorized to be issued for the construction or substantial improvement of agricultural structures that are not elevated or dry floodproofed, provided the requirements of this Article are satisfied and:

A. A determination has been made that the proposed agricultural structure:

1. Is used exclusively in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, or storage of tools or equipment used in connection with these purposes or uses, and will be restricted to such exclusive uses.

2. Has low damage potential.

3. Does not increase risks and pose a danger to public health, safety, and welfare if flooded and contents are released, including but not limited to the effects of flooding on manure storage, livestock confinement operations, liquified natural gas terminals, and production and storage of highly volatile, toxic, or water-reactive materials.

4. Complies with the wet floodproofing construction requirements of paragraph B, below.

B. Wet floodproofing construction requirements.

1. Anchored to resist flotation, collapse, and lateral movement.

2. When enclosed by walls, walls have flood openings that comply with the flood opening requirements of ASCE 24, Chapter 2.

3. Flood damage-resistant materials are used below the base flood elevation.

4. Mechanical, electrical, and utility equipment are elevated above the base flood elevation.

SECTION SEVEN.

A new Article 6, entitled VIOLATIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9640 VIOLATIONS, GENERAL
In addition to the violation provisions of the building code and Appendix G, any development requiring a permit from the City in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. § 9641 BUILDINGS AND STRUCTURES
A building or structure without the documentation of the elevation of the lowest floor, other required design certifications, or other evidence of compliance required by these Regulations or the building code, is presumed to be a violation until such time as required documentation is submitted. Violation of the requirements shall constitute a misdemeanor.
§ 9642 AUTHORITY
The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner’s agent, or to the person or persons doing the work for development that is not within the scope of the Building Codes, but is regulated by these Regulations and that is determined to be a violation.
§ 9643 UNLAWFUL CONTINUANCE

Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by federal, state, or local law.

SECTION EIGHT.

A new Article 7, entitled DEFINITIONS, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9645 GENERAL
The following words and terms shall, for the purposes of these Regulations, have the meanings shown herein. Other terms are defined in the Building Code and Appendix G and terms are defined where used in the Residential Code (rather than in the Definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies. § 9646 DEFINITIONS
ACCESSORY STRUCTURE. A structure on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For floodplain management purposes, the term includes only accessory structures used for parking and storage.

AGRICULTURAL STRUCTURE. A walled and roofed structure used exclusively for agricultural purposes or uses in connection with the production, harvesting, storage, raising, or drying of agricultural commodities and livestock, including aquatic organisms. Structures that house tools or equipment used in connection with these purposes or uses are also considered to have agricultural purposes or uses.

ALTERATION OF A WATERCOURSE. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other landdisturbing activities.

ENCROACHMENT. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

EXCEPTIONAL HARDSHIP. For the purpose of variances from these Regulations or the building code, the exceptional difficulty that would result from a failure to grant a requested variance. Mere economic or financial hardship is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors do not, as a rule, qualify as exceptional hardships. All of these circumstances can be resolved through other means without granting variances, even when the alternatives are more expensive or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before September 3, 2025.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FLOOD CONTROL PROJECT. A dam or barrier design and constructed to keep water away from or out of a specified area, including but not limited to levees, floodwalls, and channelization.

FRAUD OR VICTIMIZATION. For the purpose of variances from these Regulations or the building code, the intentional use of deceit to deprive another of rights or property, making a victim of the deprived person or the public. As it pertains to buildings granted variances to be constructed below the elevation required by the building code, future owners or tenants of such buildings and the community as a whole may bear the burden of increased risk of damage from floods, increased cost of flood insurance, and increased recovery costs, inconvenience, danger, and suffering.

LETTER OF MAP CHANGE (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change include:
(1) Letter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property, portion of a property, or structure is not located in a special flood hazard area. (2) Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features.
(3) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community’s floodplain management regulations.
(4) Conditional Letter of Map Revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as-built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM.

LIGHT-DUTY TRUCK. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of forty-five (45) square feet or less, which is:
(1) Designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or

(2) Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or
(3) Available with special features enabling off-street or off-highway operation and use.

MARKET VALUE. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these Regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW MANUFACTURED HOME PARK OR SUBDIVISION. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after June 16, 1982.

NUISANCE. That which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

RIVERINE. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

SAND DUNES. Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

WATERCOURSE. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically.

SECTION NINE.

A new Article 8, entitled FLOOD RESISTENT DEVELOPMENT, is added to Division 9, Chapter 6, entitled FLOOD PLAIN MANAGEMENT, of the Ukiah City Code and shall read as follows:
§ 9650 SUBDIVISIONS, IN ADDITION
In addition to the subdivision provisions in Appendix G, the following requirements apply:

A. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from proposed structures.

B. When fill will be placed to support buildings, the fill shall be placed in accordance with the Building Code and approval of the subdivision shall require submission of as-built elevations for each filled pad certified by a licensed land surveyor or registered civil engineer. § 9651 SITE IMPROVEMENT, IN ADDITION
In addition to the site improvement provisions in Appendix G, the requirements of this Article shall apply.

§ 9652 LIMITATIONS ON PLACEMENT OF FILL
Where the placement of fill is permitted by the Building Code, Appendix G, or these Regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwaters, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures, fill shall comply with the requirements of the Building Code. The placement of fill intended to change base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs shall be subject to the requirements of Section 9631 of these Regulations. § 9653 MANUFACTURED HOMES – INSTALLATION, IN ADDITION
In addition to the provisions for manufactured homes in Appendix G:

A. All manufactured homes installed in flood hazard areas shall be installed by an installer that is licensed pursuant to the Business and Professions Code and shall comply with the requirements of the Department of Housing and Community Development (HCD) and the requirements of these Regulations.

B. In addition to permits pursuant to Appendix G, permits from the HCD are required where the HCD is the enforcement agency for installation of manufactured homes.

C. Upon completion of installation and prior to the final inspection by the Floodplain Administrator, the installer shall submit certification of the elevation of the manufactured home, prepared by a licensed land surveyor or registered civil engineer, to the Floodplain Administrator.
§ 9654 ELEVATION REQUIREMENT FOR CERTAIN EXISTING MANUFACTURED HOME

PARKS AND SUBDIVISIONS
Manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as a result of flooding has occurred, shall be elevated such that either the:

A. Lowest floor, or bottom of the lowest horizontal structural member, as applicable to the flood hazard area, is at or above the base flood elevation.

B. Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. § 9655 DETACHED GARAGES AND ACCESSORY STORAGE STRUCTURES The provision in Appendix G for garages and accessory structures shall be replaced with this Section.

Detached garages and accessory storage structures used only for parking or storage are permitted below the base flood elevation provided the garages and accessory storage structures:

A. Are one story and not larger than 600 square feet in area when located in special flood hazard areas other than coastal high hazard areas.

B. Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.

C. Have flood openings in accordance with the building code.

D. Have flood damage-resistant materials used below the base flood elevation.

E. Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated to or above the base flood elevation.
§ 9656 FLOOD CONTROL PROJECTS; GENERAL
In addition to applicable Federal, State and other local permits, a permit for floodplain development is required for construction of flood control projects. The purpose for the permit is to examine the impact on flood hazard areas, floodways, and base flood elevations shown on the FIRM. Unless otherwise authorized by separate regulations, issuance of this permit does not address the sufficiency of the structural elements of the proposed flood control project. Permits for floodplain development and building permits in areas affected by proposed flood control projects shall not be issued based on Conditional Letters of Map Revision issued by FEMA.
§ 9657 FLOOD CONTROL PROJECTS; APPLICATION
Applications for permits for flood control projects shall include documentation including but not limited to:

A. Site plan or document showing the existing topography and the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations shown on the FIRM.

B. Site plan or document showing the proposed topography and the proposed changes to the boundaries of the flood hazard areas, floodway boundaries, and base flood elevations.

C. The documentation submitted to FEMA for a Conditional Letter of Map Revision (CLOMR) and, if issued, the Conditional Letter of Map Revision. Submittal requirements and processing fees shall be the responsibility of the applicant. A CLOMR is required when a proposed flood control project alters a floodway and increases base flood elevations more than greater than

0.00 feet, or alters a watercourse a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated and increases base flood elevations more than 1.0 foot.

SECTION TEN.

Sections 3032 through 3035 of the Ukiah City Code shall be repealed.

SECTION ELEVEN. URGENCY ORDINANCE
This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as follows:

1. The National Flood Insurance Act of 1968 was enacted by title XIII of the Housing and Urban Development Act of 1968 to provide previously unavailable flood insurance protection to property owners in flood-prone areas. Under the Act and the regulations promulgated under the Act, specifically 44 CFR § 59.2, in order to qualify for the sale of federally-subsidized flood insurance, the City must adopt and submit to the Federal Insurance Administrator an ordinance

adopting flood plain management regulations that satisfy the requirements of 44 CFR Part 60 and that are designed to reduce or avoid future flood, mudslide or flood-related erosion damages and include enforcement provisions.

2. While the City has adopted the most recent version of Appendix G of the California Building Code which do set forth certain minimum flood plain management standards, the City does not currently have in effect flood plain management regulations that satisfy the prerequisites for the National Flood Insurance Program or the regulations set forth at 44 CFR Part 60.

3. Pursuant to 44 CFR § 59.24, a government entity that is otherwise eligible for the sale of federal flood insurance shall be subject to suspension from the National Flood Insurance Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of 4 CFR Part 60.

3. If the City does not achieve compliance with the requirements of 44 CFR § 59.22 by September 19, 2025, the City’s eligibility for the sale of flood insurance under the National Flood Insurance Act will be suspended pursuant to 44 CFR § 59.24.

4. The City Council finds that the impending loss of community eligibility for flood insurance under the National Flood Insurance Program poses a current and immediate threat to the public health, safety, and welfare presented by catastrophic floods and related conditions during the upcoming rainy season. In the absence of this Ordinance's immediate effectiveness, the City would be unable to secure eligibility to purchase federal flood insurance to affected community members, as well as to protect the public health, safety, and welfare from the potential adverse effects of lack of insurance coverage to recover from a flood or flood-related disaster.

Ordinances may take effect immediately when adopted for the “immediate preservation of the public peace, health or safety[.]” (Gov Code, § 36937(b).) When enacted on an urgency basis, the ordinance must contain a statement of facts justifying the urgency. (Id.) Although courts may not investigate the truth of these facts, the mere declaration that an ordinance is passed for the immediate preservation of public peace, health, or safety is insufficient to withstand challenge. (Crown Motors v. City of Redding (1991) 232 Cal.App.3d 173, 179.) SECTION TWELVE. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in the City of Ukiah. This Ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance.

SECTION THIRTEEN. INCLUSION INTO THE UKIAH CITY CODE
It is the intent of the City Council of the City of Ukiah that the provisions of this Ordinance shall become and be made a part of the Ukiah City Code, and that the sections of this Ordinance may be renumbered or re-lettered and the word “ordinance” may be changed to “section,” “article,” “regulation,” or such other appropriate word or phrase in order to accomplish such intentions.

SECTION FOURTEEN. SEVERABILITY. Where any section, subsection, sentence, clause, or phrase of these Regulations is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.

SECTION FIFTEEN.

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

2. Effective Date: The ordinance shall become effective immediately after its adoption.

Introduced by title only on September 3, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Adopted on September 3, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Douglas F. Crane, Mayor
ATTEST:

Araceli Sandoval, Deputy City Clerk

Agenda Item No: 13.c.

MEETING DATE/TIME: 9/3/2025

ITEM NO: 2025-958

AGENDA SUMMARY REPORT
SUBJECT: Adopt Resolution Affirming that the Proclamation of a Local Emergency Due to Conditions Caused by Atmospheric Rivers Causing Damage to Public Infrastructure Remains in Effect.

DEPARTMENT: City Manager /
Admin PREPARED BY: Traci Boyl, Senior Management Analyst PRESENTER: Traci Boyl, Sr. Management Analyst to the City Manager's Office
ATTACHMENTS:

1. Resolution 2025-07 - Proclamation of Local Emergency

2. Resolution 2025-37 - Ratification of Proclamation of Local Emergency

3. Continuing Atmospheric River State of Emergency Resolution Summary: The City Council will consider the adoption of a Resolution affirming that the local emergency remains in effect.

Background: On February 19, 2025, the Director of Emergency Services proclaimed a local emergency pursuant to Ukiah City Code Section 5125 (Ordinance No. 995, Section 1) due to ongoing atmospheric rivers that threatened and damaged local infrastructure. And, on February 19, 2025, the Ukiah City Council approved Resolution No. 2025-07 ratifying the proclamation of a local emergency affecting the City (Attachment 1).

California Government Code section 8630(c) requires the Local Emergency Proclamation be reviewed and renewed no more than every 60 days. On July 16, 2025, the City Council adopted Resolution 2025-37 affirming the proclamation of the continuing local emergency (Attachment 2).

Discussion: To ensure compliance with applicable law, and due to the fact that the effect of saturated soil conditions from the previous storm season continue to threaten public infrastructure, Staff recommends the City Council reaffirm that the local emergency remains in effect. Though the rainy season has ended and there is no longer a present threat of severe storms, the conditions caused by the storm events that necessitated a declaration of a local emergency are still present and must be mitigated.

Therefore, Staff recommends Council adopt a Resolution (Attachment 3) affirming that the local emergency remains in effect.

Recommended Action: Adopt a resolution affirming that the declaration of a local emergency remains in effect.

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

FINANCING SOURCE:

REVENUE: Yes / No GRANT: Yes / No
PREVIOUS CONTRACT/PURCHASE ORDER NO.:

COORDINATED WITH: Darcy Vaughn, City Attorney's Office
STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

RESOLUTION NO. 2025- 07

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH RATIFYING FEBRUARY 19, 2025 PROCLAMATION OF A LOCAL EMERGENCY
WHEREAS:

1. On February 19, 2025, under the authority in Ukiah City Code Section 5125 (Ordinance No. 995,§ 1), the Director of Emergency Services proclaimed the existence of a local emergency as a result of conditions created by ongoing Atmospheric Rivers affecting the City of Ukiah (" City") beginning February 5-. and conditions still exists. A true and correct copy of the Resolution Proclaiming Existence of a Local Emergency is attached hereto as Exhibit A and incorporated herein by this reference; and

2. While heavy rainfall has stopped, soils are saturated, and heavy run- off continues threatening additional damage to PZ1- N water tank and the newly acquired Western Hills road system, all of which threaten to continue or create local emergency conditions; and

3. The City Council has reviewed Exhibit A and concurs with the findings in the Proclamation; and

4. The City Council will review this declaration at its next regular meeting, occurring not more than 14 days from the date the Resolution Proclaiming Existence of a Local Emergency is ratified by this resolution;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby ratifies the proclamation of a " local emergency' by the Director of Emergency Services and proclaims and orders that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council. The City Council shall review the need for continuing the local emergency at least once every 14 days until its termination is proclaimed by the City Council.

BE IT FURTHER RESOLVED that the City Council hereby proclaims and orders that during the existence of a local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by ( 1) state law, 2) City ordinances and resolutions adopted by the City Council and ( 3) the City Operational Area Emergency Plan, as approved by the City Council.

BE IT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of Emergency Services for concurrence of a local emergency.

PASSED AND ADOPTED this 191' day of February, 2025, by the following roll call vote:

AYES: Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane NOES: None
ABSENT: None
ABSTAIN: None , }
ATTEST:

Kristine Lawler, City Clerk
ATTACHMENT 1

Exhibit A

A RESOLUTION PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY DUE TO ONGOING

ATMOSPHERIC RIVERS CAUSING DAMAGE TO PUBLIC INFRASTRCTURE WHEREAS, Ukiah City Code Section 5125 (Ordinance No. 995, Section 1) empowers the Director of Emergency services to proclaim the existence or threatened existence of a local emergency when said city is affected or likely to be affected by a public calamity; and WHEREAS, on Friday, February 4, 2025. the City of Ukiah experienced another Atmospheric River event, resulting in localized flooding within the city and surrounding areas; and WHEREAS, the Director of Emergency Services of the City of Ukiah does hereby find that conditions of extreme peril to the safety or persons and property arose within the City, caused by severe winter storms; and
WHEREAS, although the City took immediate action to prepare for and respond to the storm, including monitoring streets and clearing storm drains, repositioning public safety resources as necessary, providing the public with preparedness communication, and attending Mendocino County' s operational call, the conditions caused damage beyond the control and resources of City personnel; and
WHEREAS, while the storm was short-lived, it brought significant heavy rain to already saturated soil, leading to severe damage to public infrastructure, including a landslide near Pressure Zone 1 North ( PZ1- N) water tank located above the City' s golf course, requiring emergency repair to prevent additional damage to the tank and caused additional slides on the newly -acquired Western Hills property damaging roads and culverts there; and WHEREAS, while the County did not experience significant damage, the City' s reported damage meets the State' s required threshold for requesting financial support; and.

WHEREAS, declaring a local emergency enables the City to pursue State and Federal assistance, including reimbursement for eligible emergency response costs under the California Disaster Assistance Act and potential Federal Emergency Management Agency aid if a federal disaster is declared.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout the Clty of Ukiah.

IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law and ordinances and resolutions of this City, and that this emergency proclamation shall expire in 7 days after issuance unless confirmed and ratified by City Council of the City of Ukiah.

DATED: a - cfI
L

I
L
RESOLUTION NO. 2025-37

A RESOLUTION CONTINUING THE RATIFICATION OF A PROCLAMATION OF A LOCAL

EMERGENCY DUE TO CONDITIONS CAUSED BY ATMOSPHERIC RIVERS CAUSING

DAMAGE TO PUBLIC INFRASTRUCTURE AND AFFIRMING THAT THE LOCAL

EMERGENCY REMAINS IN EFFECT
WHEREAS, on February 19, 2025, the Director of Emergency Services proclaimed a local emergency pursuant to Ukiah City Code Section 5125 (Ordinance No. 995, Section 1) due to ongoing atmospheric rivers which threatened and damaged local infrastructure; and WHEREAS, on February 19, 2025, the Ukiah City Council approved Resolution No. 2025-07 ratifying the proclamation of a local emergency affecting the City; and WHEREAS, on April 16, 2025, the Ukiah City Council approved Resolution No. 2025-15 continuing ratification of the proclamation of a local emergency affecting the City; and WHEREAS, on June 4, 2025, the Ukiah City Council approved Resolution No. 2025-26 continuing ratification of the proclamation of a local emergency affecting the City; and WHEREAS, Government Code section 8630(c) requires the Local Emergency Proclamation be reviewed every 60 days; and
WHEREAS, the local emergency remains in effect due to the fact that saturated soils and associated conditions caused by atmospheric rivers during the past storm season continue to threaten public infrastructure.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Ukiah reaffirms that a local emergency remains in effect due to the previous atmospheric rivers and continuing associated damage to public infrastructure.

BE IT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of Emergency Services.

PASSED AND ADOPTED this 16th day of July, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane.

None.

None.

None.
�h'Jtl-L kfv
Kfistine Lawler, City Clerk
Attachment 2

RESOLUTION NO. 2025-XX

A RESOLUTION CONTINUING THE RATIFICATION OF A PROCLAMATION OF A LOCAL

EMERGENCY DUE TO CONDITIONS CAUSED BY ATMOSPHERIC RIVERS CAUSING

DAMAGE TO PUBLIC INFRASTRUCTURE AND AFFIRMING THAT THE LOCAL

EMERGENCY REMAINS IN EFFECT
WHEREAS, on February 19, 2025, the Director of Emergency Services proclaimed a local emergency pursuant to Ukiah City Code Section 5125 (Ordinance No. 995, Section 1) due to ongoing atmospheric rivers which threatened and damaged local infrastructure; and WHEREAS, on February 19, 2025, the Ukiah City Council approved Resolution No. 2025-07 ratifying the proclamation of a local emergency affecting the City; and WHEREAS, Government Code section 8630(c) requires the Local Emergency Proclamation be reviewed every 60 days; and
WHEREAS, the local emergency remains in effect due to the fact that saturated soils and associated conditions caused by atmospheric rivers during the past storm season continue to threaten public infrastructure.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Ukiah reaffirms that a local emergency remains in effect due to the previous atmospheric rivers and continuing associated damage to public infrastructure.

BE IT FURTHER RESOLVED that a copy of this declaration shall be forwarded to the County of Mendocino Office of Emergency Services (OES) with a request that OES forward the Resolution to California Office of Emergency Services.

PASSED AND ADOPTED this 3rd day of September 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Douglas F. Crane, Mayor
ATTEST:
______________________________
Kristine Lawler, City Clerk
Attachment 3

Agenda Item No: 14.a.

MEETING DATE/TIME: 9/3/2025

ITEM NO: 2025-968

AGENDA SUMMARY REPORT
SUBJECT: Resolve Bid Protests Received for Specification No. 25-04 for the Remodel of 501 South State Street, and Approve Final Award Recommendation.

DEPARTMENT: Finance PREPARED BY: Myles Fisette, Purchasing Manager PRESENTER: Myles Fisette, Purchasing Manager
ATTACHMENTS:

1. Spec 25-04 Remodel of 501 South State Street

2. Bid Tabulation Spec 25-04 Remodel of 501 South State Street

3. Bid Protest- Remodel BofA

4. Bid Protest Response BofA

5. Cortlandt Roofing Ukiah Bank of America Proposal -

6. 14a Correspondence Received - Myles Fisette
Summary: Council will conduct a hearing to consider a bid protest from the second-lowest bidder, Cupples and Sons Construction Inc., to the apparent lowest bid from DMR Builders, and make a final determination based on evidence and argument presented during the hearing, including the bid protest and Staff's recommendation to award a contract to DMR Builders in the amount of $3,487,850 for Specification No. 25-04, Remodel of 501 South State Street.

Background: In 2020, the City acquired the property located at 501 S. State Street with the intention of utilizing it as a centralized location for providing municipal services. In May 2021, a contract was awarded to The KPA Group to develop plans and specifications for barrier removal at the site, a task that was successfully completed in October 2021. A State Community Development Block Grant (CDBG) in the amount of $50,000 was applied for and awarded to the City to complete the accessibility improvements design portion of the project. Following completion of the CDBG-funded phase of the project, in January 2023, The KPA Group was awarded a contract for Phase 2 Design services. These services included project management coordination, schematic design, design development, construction documents, and bidding services. On July 16, 2025, Council approved the design and directed Staff to proceed with a Request for Bid (Attachment 1) for the construction phase.

Discussion: On July 17, 2025, a request for bids notice for the project was released to contractors from the City's Qualified Bidders list and Northern California Builders Exchanges and posted to the City's website. Bids were opened on August 19, 2025, with six (6) bidders responding. A copy of the bid tabulation is provided as Attachment 2. The bid from the apparent low bidder, DMR Builders, was totaled incorrectly. The bid was submitted with a total of $3,487,490 but was calculated through the line item pricing to be $3,487,850.

Similarly, the bid from the apparent second lowest bidder, Cupples and Sons Construction Inc., was submitted with a total of $3,781,632, while the corrected total based on line item pricing is $3,730,932. Staff recommends that the City Council waive these irregularities, as they do not affect the bid outcome or the determination of the lowest responsible bidder.

On August 22, 2025, Cupples and Sons Construction Inc., the second lowest bidder, submitted a bid protest (Attachment 3) against the bid presented by the apparent low bidder, DMR Builders. Cupples and Sons Construction's protest claims that DMR's bid violates California Public Contract Code ("PRC") Section 4104,

which requires bids for public works projects to list all subcontractors who the bidder intends to use for work in excess of one-half of 1 percent of the prime contractor’s total bid. Section 4101 is part of the Subletting and Subcontracting Fair Practices Ac. [PRC Sections 4100 - 4114.) The bidder must include in its bid the name, the location of the place of business, the California contractor license number, and public works contractor registration number for each listed subcontractor. Cupples and Sons Construction's bid protest alleges that DMR Builders' failed to name a subcontractor for the roofing and painting, as required by the project's technical specifications sections 08-41-13 and 08-51-13. Both the protest and DMR Builder's response are timely under the City's bid protest procedure.

On August 25, 2024, DMR Builders responded to the protest (Attachment 4). DMR Builders contend that they intend to self-perform the painting and that the proposal from their roofing subcontractor was $15,578.00. This amount is under the one-half of 1 percent requirement to be listed with the prime contractor’s bid. DMR Builders provided the estimate from Cortlandt Roofing (Attachment 5) confirming the proposed $15,578 for the roofing portion. DMR Builders have also confirmed that they will self-perform the work listed on the Cortlandt Roofing estimate not included as part of the TPO roof system and roof patching. As a Class B licensed contractor, DMR Builders are authorized to self-perform the scope of work proposed, which falls within the limits permitted by their license classification.

Based on its review of the bid protest, Staff recommends rejecting the bid protest received from Cupples and Sons Construction Inc., waiving the irregularity in their bid, and awarding the bid to DMR Builders, for $3,487,850. The City Council should make its decision based on the evidence and argument presented during the hearing, including the staff recommendation.

As noted in the July 16, 2025, Agenda Summary Report related to this item, the engineer's estimate for the work was $3,776,071, which included a 10% contingency.

Funding for this remodeling project will primarily come from the Series 2020A Lease Revenue Bonds, with an available balance of approximately $1.3 million. The remaining funds will be sourced from the Series 2022 Lease Revenue Bonds, a $15 million general fund obligation bond originally issued to support the Corporation Yard capital project.

Recommended Action: Consider the bid protest submitted by Cupples and Sons Construction Inc., reject the protest, accept the counterprotest from DMR Builders, waive the irregularity in DMR Builder's bid, and award the contract to the lowest responsible bidder, DMR Builders, in the amount of $3,487,850 for Specification No. 25-04, Remodel of 501 South State Street.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 20824700.80220.18176: $4,500,000 PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Series 2020A Lease Revenue Bond (Community Facilities Improvement Project) and Series 2022 Lease Revenue Bond (Capital Projects)
REVENUE: Yes / No GRANT: Yes / No N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Matt Keizer, Chief Building Official; Mary Horger, Assistant Finance Director STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A4 - Public Facilities, Services, and Infrastructure Element, Implementation Programs PFS-6.4 Energy Efficient Municipal Buildings and PFS-8.2 Sustainable Design and Energy Efficiency.

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

SPECIAL PROVISIONS
FOR
REMODEL OF 501 SOUTH STATE STREET
SPECIFICATION NO. 25-04

MANDATORY PRE-BID MEETING
10:00 A.M., AUGUST 5, 2025
501 SOUTH STATE STREET
UKIAH, CALIFORNIA 95482

CITY OF UKIAH

DEPARTMENT OF COMMUNITY DEVELOPMENT
300 Seminary Avenue
Ukiah, California 95482-5400
Bids Open: August 19, 2025
2:00 p.m.

Office of City Clerk
Attachment 1

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA
CITY COUNCIL:

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

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

CITY OF UKIAH

DEPARTMENT OF COMMUNITY DEVELOPMENT
JULY 2025

REMODEL OF 501 SOUTH STATE STREET iii Spec No. 25-04

TABLE OF CONTENTS
PAGE

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

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

REMODEL OF 501 SOUTH STATE STREET iv Spec No. 25-04
5-07. Subcontractors
SECTION 6. RESPONSIBILITIES AND RIGHTS OF CONTRACTOR........................................................... 8 6-01. Legal Address of Contractor
6-02. Office of Contractor at Site
6-03. Attention to Work
6-04. Liability of Contractor
6-05. Protection of Persons and Property
6-06. Protection of City Against Patent Claims
6-07. Protection of Contractor's Work Property
6-08. Regulations and Permits
6-09. Construction Utilities
6-10. Approval of Contractor's Plans
6-11. Suggestions to the Contractor
6-12. Termination of Unsatisfactory Subcontracts
6-13. Preservation of Stakes and Marks
6-14. Assistance to Engineer
6-15. Removal of Condemned Materials and Structures
6-16. Proof of Compliance with Contract
6-17. Errors and Omissions
6-18. Cooperation
6-19. Right of Contractor to Stop Work
6-20. Hiring and Dismissal of Employees
6-21. Wage Rates
6-22. Cleaning Up
6-23. Guaranty
SECTION 7. RESPONSIBILITIES AND RIGHTS OF CITY ........................................................................... 13 7-01. Authority of the Engineer
7-02. Inspection
7-03. Surveys
7-04. Rights-of-Way
7-05. Retention of Imperfect Work
7-06. Changes in the Work
7-07. Additional Drawings by City
7-08. Additional and Emergency Protection
7-09. Suspension of Work
7-10. Right of City to Terminate Contract
7-11. Use of Completed Portions
7-12. Right of City to Terminate Contract for Convenience SECTION 8. WORKMANSHIP, MATERIALS AND EQUIPMENT................................................................. 16 8-01. General Quality
8-02. Quality in Absence of Detailed Specifications
8-03. Materials and Equipment Specified by Name
8-04. Source of Materials
8-05. Storage of Materials
8-06. Drawings, Samples and Tests
SECTION 9. PROSECUTION OF WORK........................................................................................................ 17 9-01. Equipment and Methods
9-02. Time of Completion
9-03. Avoidable Delays

REMODEL OF 501 SOUTH STATE STREET v Spec No. 25-04
9-04. Unavoidable Delays
9-05. Notice of Delays
9-06. Extension of Time
9-07. Unfavorable Weather and Other Conditions
9-08. Saturday, Sunday, Holiday and Night Work
9-09. Hours of Labor
SECTION 10. PAYMENT .................................................................................................................................. 18 10-01. Certification by Engineer
10-02. Progress Estimates and Payment
10-03. Substitution of Securities
10-04. Acceptance
10-05. Final Estimate and Payment
10-06. Delay Payments
10-07. Extra Work and Work Omitted
10-08. Compensation for Extra Work or Work Omitted
10-09. Compensation to the City for Extension of Time
10-10. Liquidated Damages for Delay
SECTION 11. MISCELLANEOUS.................................................................................................................... 22 11-01. Notice
11-02. Computation of Time
11-03 Claims Procedure
11-04. Litigation and Forum Selection
11-05. Waiver

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION....................................................................................................... 26 12-01. Location and Scope of Work
12-02. Arrangement of Technical Specifications
12-03. Arrangement of Plans
12-04. Business Licenses
12-05. Permits
12-06. Standard Specifications and Standard Plans
12-07. Temporary Facilities
12-08. Public Convenience and Safety
12-09. Maintaining Traffic
12-10. Stream Pollution
12-11. Warranties
12-12. Utilities
12-13. Preconstruction Conference
12-14. Safety Requirements
SECTION 13. CONSTRUCTION DETAILS..................................................................................................... 29 13-01. Technical Specifications
13-02. Project Drawings
SECTION 14. EXCLUSIONS FROM GENERAL CONDITIONS.................................................................... 29 14-01. Provisions to be Excluded from General Conditions SECTION 15. AMENDMENTS TO GENERAL CONDITIONS....................................................................... 29

REMODEL OF 501 SOUTH STATE STREET vi Spec No. 25-04
15-01. Provisions of General Conditions to be Amended

CERTIFICATES AND DOCUMENTS
BID SUBMITTAL CHECKLIST ........................................................................................................................... 30 PROPOSAL ................................................................................................................................................... 31 BIDDING SCHEDULE......................................................................................................................................... 32 FAIR EMPLOYMENT PRACTICES CERTIFICATION ..................................................................................... 36 WORKER'S COMPENSATION CERTIFICATE ................................................................................................ 37 CERTIFICATE OF NONDISCRIMINATION IN EMPLOYMENT...................................................................... 38 LIST OF PROPOSED SUBCONTRACTORS ................................................................................................... 39 STATEMENT OF EXPERIENCE OF BIDDER.................................................................................................. 40 SIGNATURE OF BIDDER .................................................................................................................................. 41 BIDDER'S BOND................................................................................................................................................. 42 NON- COLLUSION AFFIDAVIT ......................................................................................................................... 43 AGREEMENT ................................................................................................................................................... 44 INDEMNIFICATION AGREEMENT ................................................................................................................... 48 EXAMPLE BOND FORMS ................................................................................................................................. 49 DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND............. 54 DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND................................................... 55

INSURANCE CERTIFICATES AND ENDORSEMENT FORMS
APPENDICES:

APPENDIX A – TECHNICAL SPECIFICATIONS

APPENDIX B - HYDRANT FLOW TEST REPORT
ATTACHMENTS:

APPENDIX A – TECHNICAL SPECIFICATIONS
ATTACHMENT A – PROJECT DRAWINGS

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA

NOTICE TO BIDDERS FOR
REMODEL OF 501 SOUTH STATE STREET SPECIFICATION NO. 25-04 NOTICE IS HEREBY GIVEN that sealed standard proposals for REMODEL OF 501 SOUTH STATE STREET will be received at the Office of the City Clerk, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 p.m. on Tuesday, August 19, 2025. Bids shall be addressed to the City Clerk and shall be endorsed “REMODEL OF 501 SOUTH STATE STREET" Bids are required for the entire work described herein. No fax bids will be accepted. As soon thereafter as possible, the bids will be publicly opened and read in the Council Chambers at 300 Seminary Avenue, Ukiah. The bid opening will also be visible via live streaming at http://www.cityofukiah.com/meetings/.

ENGINEER'S ESTIMATE OF QUANTITIES
Item No. Description Quantity Unit of Measure
1 Temporary Controls, Fencing & Signage 1 LS
2 Mobilization 1 LS
3 Div 02 - Demolition 1 LS
4 Div 03 - Concrete 1 LS
5 Div 05 - Metal Fabrications 1 LS
6 Div 06 - Wood 1 LS
7 Div 07 - Insulation & Waterproofing 1 LS
8 Div 08 - Doors & Windows 1 LS
9 Div 09 - Finishes 1 LS
10 Div 10 - Signage & Accessories 1 LS
11 Div 13 - Non-Structural Seismic Restraints 1 LS
12 Div 14 - Elevator 1 LS
13 Div 21 - Wet Pipe Sprinkler Systems 1 LS
14 Div 22 - Plumbing 1 LS
15 Div 23 - Mechanical 1 LS
16 Div 26 - Electrical 1 LS
17 Div 28 - Access Control 1 LS
18 Div 31 - Earthwork 1 LS
19 Div 32 - Site Improvements 1 LS
20 Div 33 - Sanitary Sewer 1 LS

BID ALTERNATES
Item No. Description Quantity Unit of Measure
A1 New Transformer - including Demo of Existing
Transformer & Site Work 1 LS
The Engineer’s Estimate for this project is $3,776,071. The City provides this information for reference purposes only and does not guarantee its accuracy or completeness. Actual bids may vary based on market conditions and project-specific factors. However, staff believes that actual project costs will likely be lower than the engineer’s estimate. Bidders are encouraged to conduct independent evaluations of the project requirements and relevant factors. The City is not responsible for reliance on the estimate, and bidders are responsible for determining the scope and costs in preparing their bids.

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].

MANDATORY PRE-BID MEETING will be held at 10:00 a.m., August 5, 2025 at 501 South State Street, Ukiah, California 95482.

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

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

Pursuant to provisions of Section 1770, including amendments thereof, of the Labor Code of the State of California, the DIR Director has ascertained the general prevailing rate of wages for straight time, overtime, Saturdays, Sundays and Holidays including employer payment for health and welfare, vacation, pension and similar purposes for the City of Ukiah. Copies of his General Prevailing Wage Determination are available on the Internet at web address: http://www.dir.ca.gov/DLSR/PWD/ The prime contractor for the work herein shall possess a current, valid State of California, Class B - General Building Contractor’s License. Pursuant to California Public Contract Code §22300, this contract includes provisions that allow substitutions 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: JULY 24, 2025
7/17/25

REMODEL OF 501 SOUTH STATE STREET 1 Spec. No. 25-04

INSTRUCTIONS TO BIDDERS
REMODEL OF 501 SOUTH STATE STREET shall be performed in accordance with the Plans and Special Provisions therefore 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 TWO HUNDRED AND FORTY (240) 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's delay beyond the time prescribed.

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

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

Examination of Site, Drawings, Etc.

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

REMODEL OF 501 SOUTH STATE STREET 2 Spec. No. 25-04
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
All of the work to be performed is within the City of Ukiah. Project is located at 501 South State Street Ukiah, CA 95482.

REMODEL OF 501 SOUTH STATE STREET 3 Spec. No. 25-04

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

REMODEL OF 501 SOUTH STATE STREET 4 Spec. No. 25-04
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.

REMODEL OF 501 SOUTH STATE STREET 5 Spec. No. 25-04
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.

REMODEL OF 501 SOUTH STATE STREET 6 Spec. No. 25-04
3-06. Interpretation of Special Provisions and Drawings. The Special Provisions and the Contract Drawings are intended to be explanatory of each other. Any work indicated in the Contract Drawings and not in the Special Provisions, or vice versa, is to be executed as if indicated in both. In case of a discrepancy or conflict between the Technical Specifications and Contract Plans, the Technical Specifications shall govern. All work shown on the Contract Drawings, the dimensions of which are not figured, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed, where given, though they differ from scaled measurements. Large scale drawings shall be followed in preference to small scale drawings. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in these contract documents, including the contract drawings, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract, so far as may be consistent with the terms of this contract. In the event of any doubt or questions arising respecting the true meaning of the Special Provisions, reference shall be made to the Engineer and his or her decision thereon shall be final. If the Contractor believes that a clarification or interpretation justifies an increase in the contract price or contract time, the Contractor must comply with the written notice provisions of Sections 9-05 and 10-07 of these Special Provisions. Contractor’s attention is directed to Section 12-06 of the Technical Specifications regarding the Standard Specifications and Standard Plans.
3-07. Addenda. If it becomes necessary to revise any part of these plans and specifications after they have been released, the City will issue an addendum containing the revision. All addenda will be posted on the City’s website at www.cityofukiah.com/purchasing with the rest of the bid documents. Anyone who intends to submit a bid in response to this Request for Bid must check the website frequently for any posted addenda. Anyone submitting a bid will be deemed to have seen and agreed to be bound by the posted addenda. 3-08. Liability of City Officials. No city official, nor the Engineer, nor any authorized assistant of any of them, shall be personally responsible for any liability arising under this contract. 3-09. Dispute Resolution. Claims of $375,000 or less by the Contractor that arise under this Contract are subject to the mandatory dispute resolutions provisions in Public Contract Code Sections 20104-20104.6.

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

REMODEL OF 501 SOUTH STATE STREET 7 Spec. No. 25-04
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,

REMODEL OF 501 SOUTH STATE STREET 8 Spec. No. 25-04
officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

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

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

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

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

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

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

REMODEL OF 501 SOUTH STATE STREET 9 Spec. No. 25-04
6-03. Attention to Work. The Contractor shall give his or her personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully and when he or she is not personally present on the work, he or she shall at all reasonable times be represented by a competent superintendent or foreman who shall receive and obey all instructions or orders given under this contract and who shall have full authority to execute the same and to supply materials, tools and labor without delay and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or her or to his or her authorized representative.
6-04. Liability of Contractor. The Contractor shall do all of the work and furnish all labor, materials, tools and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the work herein required in the manner and within the time herein specified. The mention of any specific duty or liability imposed upon the Contractor shall not be construed as a limitation or restriction of any general liability or duty imposed upon the Contractor by this contract, said reference to any specific duty or liability being made herein merely for the purpose of explanation.

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

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

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

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

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

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

REMODEL OF 501 SOUTH STATE STREET 10 Spec. No. 25-04
6-06. Protection of City Against Patent Claims. All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the Contractor and his or her sureties shall protect and hold the City, together with all of its officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made on account of this contract. The Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or classes.

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

REMODEL OF 501 SOUTH STATE STREET 11 Spec. No. 25-04
and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.

Contractor’s attention is directed to Section 7-03 of these Special Provisions. 6-14. Assistance to Engineer. At the request of the Engineer the Contractor shall provide men from his or her force and tools, stakes and other materials to assist the Engineer temporarily in making measurements and surveys and in establishing temporary or permanent reference marks. Payment for such materials and assistance will be made as provided for under the caption "Extra Work," provided, however, that the cost of setting stakes and marks carelessly lost or destroyed by the Contractor's employees will be assessed to the Contractor. 6-15. Removal of Condemned Materials and Structures. The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work and upon his or her failure to do so, or to make satisfactory progress in so doing, within forty-eight (48) hours after the service of a written notice from the Engineer, the condemned material or work may be removed by the City and the cost of such removal shall be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this contract. No such rejected or condemned material shall again be offered for use by the Contractor under this Contract.
6-16. Proof of Compliance with Contract. In order that the Engineer may determine whether the Contractor has complied with the requirements of this contract, not readily enforceable through inspection and tests of the work and materials, the Contractor shall, at any time when requested, submit to the Engineer properly authenticated documents or other satisfactory proofs as to his or her compliance with such requirements. 6-17. Errors and Omissions. If the Contractor, in the course of the work, finds any errors or omissions in plans or in the layout as given by survey points and instruction, or if he or she finds any discrepancy between the plans and the physical conditions of the locality, he or she shall immediately inform the Engineer, in writing and the Engineer shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.
6-18. Cooperation. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workmen who may be employed by the City on any work in the vicinity of the work to be done under this contract with the work of such contractors or workmen. he or she shall make good promptly, at his or her own expense, any injury or damage that may be sustained by other contractors or employees of the City at his or her hands.

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

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.

REMODEL OF 501 SOUTH STATE STREET 12 Spec. No. 25-04
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 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.

REMODEL OF 501 SOUTH STATE STREET 13 Spec. No. 25-04
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 6-22. Cleaning Up. The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction period. The Engineer shall have the right to determine what is or is not waste material or rubbish and the place and manner of disposal.

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

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

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

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

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

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

REMODEL OF 501 SOUTH STATE STREET 14 Spec. No. 25-04
re-examination and replacement. If such work is not in accordance with the contract documents, the Contractor shall pay such cost.

Properly authorized and accredited inspectors shall be considered to be the representatives of the City limited to the duties and powers entrusted to them. It will be their duty to inspect materials and workmanship of those portions of the work to which they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the Drawings, Special Provisions and other contract provisions which may come to their notice. Any inspector may be considered to have the right to order the work entrusted to his or her supervision stopped, if in his or her opinion such action becomes necessary, until the Engineer is notified and has determined and ordered that the work may proceed in due fulfillment of all contract requirements. 7-03. Surveys. Contractor shall furnish all land surveys, establish all base lines and bench marks and make sufficient detailed surveys needed for working points, lines and elevations. The Contractor shall develop all slope stakes and batter boards. Contractor shall also develop all additional working points, lines and elevations as he or she may desire to facilitate his or her methods and sequence of construction. 7-04. Rights-of-Way. The City will provide all necessary rights-of-way and easements in or beneath which work will be performed by the Contractor under this contract. 7-05. Retention of Imperfect Work. If any portion of the work done or material furnished under this contract shall prove defective and not in accordance with the Plans and Special Provisions, and if the imperfection in the same shall not be of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the right and authority to retain such work instead of requiring the imperfect work to be removed and reconstructed, but he or she shall make such deductions therefor in the payments due or to become due the Contractor as may be just and reasonable.
7-06. Changes in the Work. The Engineer shall have the right, in writing, to order additions to, omissions from, or corrections, alterations and modifications in the line, grade, form, dimensions, plan, or kind or amount of work or materials herein contemplated, or any part thereof, either before or after the beginning of construction. However, the arithmetical sum of the cost to the City of additions and subtractions from the work under this contract shall not exceed 10 percent of original contract amount or $10,000, 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.

REMODEL OF 501 SOUTH STATE STREET 15 Spec. No. 25-04
The performance of such emergency work under the direction of the Engineer shall in no way relieve the Contractor from any damages which may occur during or after such precaution has been taken by the Engineer. 7-09. Suspension of Work. The City may at any time suspend the work or any part thereof by giving five (5) days written notice to the Contractor. The work shall be resumed by the Contractor within ten (10) days after the date fixed in the written notice from the City to the Contractor so to do. The City shall reimburse the Contractor for expense incurred by the Contractor in connection with the work under this contract as a result of such suspension.

If the work, or any part thereof, shall be stopped by the notice in writing aforesaid and if the City does not give notice in writing to the Contractor to resume work at a date within ten (10) days of the date fixed in the written notice to suspend, then the Contractor may abandon that portion of the work so suspended and he or she will be entitled to the estimates and payments for all work done on the portions so abandoned, if any, plus 5 percent of the value of the work so abandoned, to compensate for loss of overhead, plant expense and anticipated profit. 7-10. Right of City to Terminate Contract. If the Contractor should be adjudged a bankrupt, or if he or she should make a general assignment for the benefit of his or her creditors, or if a receiver should be appointed on account of his or her insolvency, or if he or she should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply sufficient properly skilled workmen or proper materials, or if he or she should fail to make prompt payments to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy and after giving the Contractor seven days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances and finish the work by whatever method the City may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative services, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Contractor's default, shall be certified by the Engineer. In the event that a termination under this section is determined to be improper, such termination shall be deemed a constructive termination for convenience taken pursuant to section 7-12 below. 7-11. Use of Completed Portions. The City shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions which may not have expired; but such taking possession and using shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation, or extension of time or both, as the Engineer may determine.
7-12. Right of City to Terminate Contract for Convenience. The City may terminate performance of the work called for by the contract documents in whole or, from time to time, in part, if the City determines that a termination is in the City’s best interest. The Contractor shall terminate all or any part of the work upon delivery to the Contractor of a notice of termination specifying that the termination is for the convenience of the City, the extent of termination, and the effective date of such termination. After receipt of notice of termination, and except as directed by the Engineer, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this termination for convenience clause, immediately proceed with the following obligations:

1. Stop work as specified in the notice.

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

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.

REMODEL OF 501 SOUTH STATE STREET 16 Spec. No. 25-04
Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the effective date of the notice of termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as “Termination Costs occasioned by the City's Termination for Convenience.”
Termination of the contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the work performed. In the event that the City exercises its right to terminate this contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the contract documents, the following amounts:

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

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

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

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

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

Work shall be done and completed in a thorough and workmanlike manner. 8-02. Quality in Absence of Detailed Specifications. Whenever under this contract it is provided that the Contractor shall furnish materials or manufactured articles or shall do work for which no detailed specifications are set forth, the materials or manufactured articles shall be of the best grade in quality and workmanship obtainable in the market from firms of established good reputation, or, if not ordinarily carried in stock, shall conform to the usual standards for first-class materials or articles of the kind required, with due consideration of the use to which they are to be put. In general, the work performed shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment of the work as a whole or in part. 8-03. Materials and Equipment Specified by Name. Whenever any material or equipment is indicated or specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as followed by the words "or approved equal". The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the Engineer. 8-04. Source of Materials. Price, fitness and quality being equal, preference shall be given by the Contractor for supplies grown, manufactured or produced in the State of California and, next, for such products partially produced in this State in accordance with Government Code Section 4332. 8-05. Storage of Materials. Materials shall be so stored to ensure the preservation of their quality and fitness for the work. They shall be so located and disposed that prompt and proper inspection thereof may be made. 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.

REMODEL OF 501 SOUTH STATE STREET 17 Spec. No. 25-04
When requested by the Engineer, a sample or test specimens of the materials to be used or offered for use in connection with the work shall be prepared at the expense of the Contractor and furnished by him or her in such quantities and sizes as may be required for proper examination and tests, with all freight charges prepaid and with information as to their sources.

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

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

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9-06. Extension of Time. Should any delays occur which the Engineer may consider unavoidable, as herein defined, the Contractor shall, pursuant to his or her application, be allowed an extension of time proportional to said delay or delays, beyond the time herein set forth, in which to complete this contract; and liquidated damages for delay shall not be charged against the Contractor by the City during an extension of time granted because of unavoidable delay or delays.

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

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

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

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

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Contractor fail to adhere to the program of completion fixed in this contract, the Engineer shall deduct from the next and all subsequent estimates the full calculated accruing amount of the liquidated damages to the date of said estimate, until such time as the compliance with the program has been restored.

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

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

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

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(k) Obligations issued, assumed or guaranteed by International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, or the Government Development Bank of Puerto Rico.
(l) Bonds, debentures and notes issued by corporations organized and operating within the United States.

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

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

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

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

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

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

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

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10-07. Extra Work and Work Omitted. Whenever corrections, alterations, or modifications of the work under this contract ordered by the Engineer and approved by the City increase the amount of work to be done, such added work shall be known as "extra work"; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as "work omitted".

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

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

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

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

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

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

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

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

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

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

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

Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format