Cities Index.
Agenda packet

Ukiah City Council
October 15, 2025

Document
Agenda packet
Meeting
October 15, 2025
Body
Ukiah City Council
Pages
707
Original file
110.5 MB
Text extracted from the city's file for reading and search. Open the original on ukiahca.api.civicclerk.com. That file is the official record.

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 23 Spec. No. 24-04 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.

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 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.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 24 Spec. No. 24-04 and Section 9204 of the California Public Contract Code. This Article shall be construed to be consistent with said statutes.

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

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

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

Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made.

List of documents relating to claim:

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

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

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

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

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 25 Spec. No. 24-04 taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

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

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

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

If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim.

Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.

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

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

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

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

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

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

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 26 Spec. No. 24-04 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter

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

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

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

J. Non-Waiver. The City’s failure to respond to a claim from the Contractor within the time periods described in this Article or to otherwise meet the time requirements of this Article shall result in the claim being deemed rejected in its entirety.
11-04. Litigation and Forum Selection. Contractor and City stipulate and agree that any litigation relating to the enforcement or interpretation of this contract, arising out of Contractor's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County.

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

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

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 27 Spec. No. 24-04

TECHNICAL SPECIFICATIONS
SECTION 12. GENERAL INFORMATION
12-01. Scope of Work and Location. All the work to be performed will be within City of Ukiah located at:
• 225 S Orchard Avenue
• Southwest corner of Gobbi/Orchard
• 700 Block of East Gobbi St
The scope of work consists of trenching, backfilling, compacting and installing underground conduits, pedestal and padmount switch box.

The vicinity of the work shall be protected from injury by Contractor during construction and until completion of the work. Contractor shall be liable for all damages to such facilities.

Contractor to furnish all labor, methods, materials, tools, permits, licensing, certification, and equipment necessary to complete the work. All work is to be conducted in accordance with accepted industry practices.

The City Electric Department will not perform any work for the Contractor except in an emergency or as determined necessary by the Project Manager to adequately protect the City’s electrical or other facilities.

Incidental items of construction necessary to complete the whole work in a satisfactory and acceptable manner as shown on the Project Plans and as provided for in the Special provisions and not specifically referred to in this section will be understood to be furnished by the Contractor. All areas or fixtures disturbed by the Contractor’s activities shall be restored to their original condition.

Unless otherwise specified herein, all construction activity, except for emergency situations, will be confined to Monday through Friday between the hours of 7:30 a.m. and 6:00 p.m., to minimize nuisances to local residents. Mufflers and/or baffles will be required on all construction equipment to control and minimize noise. The Contractor must comply with all applicable noise regulations in the City’s Zoning Ordinance.

Saturday, Sunday, holidays, and overtime shall not be regarded as working days. Work shall not be allowed on non-working days without the written approval of the PM. A request for PM approval from the Contractor must be in writing. The Contractor shall pay the City of Ukiah for all overtime labor charges incurred by the City to supervise overtime work by the Contractor’s employees at the rate of $80 per hour per inspector and/or resident engineer. All overtime labor charges shall be deducted from the final payment along with any liquidated damages.

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

Section No. Title
12 General Information
13 Project Details/Scope of Work
14 Exclusions from General Conditions
15 Amendments to General Conditions

12-03. Arrangement of Plans. Plans delineating the scope of work are provided and indexed per Appendix “A” List of Drawings.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 28 Spec. No. 24-04 12-04. Temporary Facilities. All temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the works. 12-05. Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor’s attention is called to the fact that the terms of this contract do not relieve him of responsibility for compliance with Section 5650 and 12015 of the Fish and Game code or other applicable statutes relating to pollution prevention or abatement. 12-06. License. The Contractor for the work herein shall have proper equipment and possess the necessary skills to complete the work herein. A City Business License is required to contract the work, and Contractor is responsible for obtaining all necessary licenses or permits. 12-07. Location of Work. The locations of work are listed as:
• 225 S Orchard Avenue
• Southwest corner of Gobbi/Orchard
• 700 Block of East Gobbi St
12-08. Permits. The Contractor shall provide, procure, and pay for all permits required to complete this work. 12-09. Public Convenience and Safety. The Contractor shall conduct operations so as to cause the least possible obstruction and inconvenience to the public traffic. The Contractor shall, at his or her expense, furnish such flag persons and furnish, erect, construct and maintain such fences, barriers, lights, signs, detours, pedestrian walkways, driveway ramps and bridging as may be necessary to give adequate warning to the public that work is in progress and that dangerous conditions exist, to provide access to abutting properties and to permit the flow of pedestrian and vehicular traffic to safely and expeditiously pass until all work is completed. 12-10. Maintaining Traffic. Attention is directed to Section 7-1.08 “Public Convenience. “7-1.09, “Public Safety. “7-1.092. “Lane Closure.” and 7-1.095. “Flagging Costs.” of the California Standard Specifications.

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

Full costs for “Maintaining Traffic”, including “flagging Costs”, shall be considered as included in the various items of work and no additional compensation will be made. 12-11. Warranties. Unless otherwise indicated, the Contractor shall warrant all materials provided and work performed under this contract for a period of one year from the date of final acceptance. He shall replace promptly and at his own expense any materials and/or workmanship which fail during this warranty period. 12-12. Utilities. No water, sewer or electrical services will be provided by the City. It is the contractor’s sole responsibility to arrange such services as necessary.
12-13. Preconstruction Conference. A preconstruction conference will be held before any work will be allowed to commence. This meeting will cover inspection, schedule for work, and among other items, the responsibilities, and procedures of each of the interested parties to assure that the project will be completed in accordance with the contract documents.
12-14. Safety Requirements. The Contractor shall comply with all pertinent provisions of the Department of Labor "Safety and Health Regulations for Construction (29 FCS Part 1518, 36 CFR 7340)", with additions or modifications thereto, in effect during this project.
12-15. Notification of Underground Service Alert (USA). The Contractor shall notify Underground Service Alert (USA) two (2) working days prior to any excavation.

USA dial (toll free) 1-800-227-2600

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 29 Spec. No. 24-04 SECTION 13 - PROJECT DETAILS/SCOPE OF WORK
13-01. General. Contractor shall be responsible for furnishing all labor, materials, equipment, tools and incidentals necessary for completing the projects at three different locations as shown on the plans and specifications. Locations of the work will be within City of Ukiah, as more specifically in the construction drawings defined in Appendix “A”.
• 225 S Orchard Avenue - Work will consist of trenching, backfilling, and compacting, installing 1-4” PVC Schedule 40 conduit, installing one (1) pedestal box pad (provided by City), blacktopping and removing and replacement of sidewalk according to City of Ukiah Electric Department drawing and in conjunction with all specification on the forementioned drawing.
• Southwest corner of Gobbi/Orchard - Work will consist of trenching, backfilling and compacting, installing 4” and 6” PVC Schedule 40 conduits, installing one (1) primary switch box pad (provided by City) and replacement of sidewalk according to City of Ukiah Electric Department drawings and in conjunction with all specification on the forementioned drawing. • 700 Block of East Gobbi St - Work will consist of trenching, backfilling, compacting, and installing conduits, blacktopping, sidewalk removal and replacement, and other incidental and related work, as shown on the plans and specifications.

CUSTOMER SERVICE OUTAGE TIME SHALL BE CUT TO A MINIMUN AND SHALL NOT EXCEED ONE WORKDAY.
13-01 (a). Insurance Requirements. In addition to the project insurance requirements stated in Section 5, 13-02. Materials. Materials shall be new and of merchantable grade, free from defect. Contractor shall be responsible for providing any and all materials necessary for the completion of the project, which include, but are not limited to, all conduits, conduit sweeps and conduit fittings. Conduit sizes shall be as specified on the plans.

Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder, or harm the installation of cable. Over-Rodding of the conduit shall be completed as indicated on the drawings in Appendix A. Mule Tape must be installed in each conduit. The open end of all conduits must be protected in such a manner that it prohibits dirt and debris from entering. The ends of all stub conduit shall be securely capped. No substitutions shall be permitted from the original specifications unless bidder obtains prior written approval. 13-03. Quantities. The preliminary estimate of the quantities of work to be done and materials to be furnished shown in the proposal are approximate only, being given as a basis for the comparison of bids. The City of Ukiah does not expressly or by implication agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work or to omit portions of the work that may be deemed necessary or expedient by the City.

Upon completion of successful bid, the Contractor shall furnish to the Engineer a cost break-down for each contract lump sum item.

The contractor shall determine the quantities of the items required to complete all work shown on the plans.

Such quantities and their values (including labor, equipment, and materials) shall be included in the cost break-down submitted to the Engineer for approval. The sum of the quantity units’ times the unit price shall equal the contract quantities and values used in the cost break-down submitted for approval. Unbalancing of the unit prices will not be allowed.

Overhead, profit, bond premium, temporary construction facilities, and other such items shall be included in each individual unit listed in the cost break-down, however, costs for traffic control system shall not be included.

No adjustment of the compensation will be made in the contract lump sum prices paid for various work items due to any differences between quantities shown in the cost break-down furnished by the Contractor and the quantities required to complete the work as shown on the plans and as specified in these Special Provisions.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 30 Spec. No. 24-04 The cost break-down shall be submitted to the Engineer within 10 working days after the contract has been approved. The cost break-down shall be approved by the Engineer, in writing, before any partial payments for the items of work will be made. The approved cost break-down will be used to determine partial payments during the progress of the work and as the basis of calculating the adjustment of compensation for the items(s) of work due to the changes ordered by the Engineer. When an ordered change increases or decreases the quantities of an approved cost break-down, the adjustment in the compensation will be determined in the same manner specified for increases and decreases in the quantity of a contract item of work in accordance with increases and decreases in the quantity of a contract item of work in accordance with the Contractor bid price.

Additions or deletions in the quantity of work as set forth in these specifications and accompanying drawings for lump sum items may be ordered by the Engineer after the contract price has been adjusted accordingly to the satisfaction of both the Contractor and the City of Ukiah, and they have been accepted in writing by the Engineer.
13-04. Payment. Payment will be at the unit price bid and will be compensation in full for all labor, materials, equipment, tools, including all incidentals. 13-05. Trenching and Conduit. Trench depth and location may have to be adjusted slightly in the field to avoid existing facilities. Sewer and water laterals will be encountered. They will have to be worked around and any damage caused by construction activities are the responsibility of the Contractor. The Contractor shall pothole all underground utility locations to determine exact depth prior to trenching. Any damages to City or other utilities caused by trenching or other project operations shall be the Contractor’s responsibility to repair to pre-damaged condition.

All conduits shall be mandrelled according to the conduit size. 13-06. Bonding and Grounding If a box is replaced with a ground bed, it must remain intact or be completely replaced should damage occur. This is the responsibility of the Contractor.

Known Ground beds are located at:

SB-N25 (located on drawing 6 of 10), Corner of Gobbi St. and Waugh Lane. 13-07. Maintaining Traffic. The Contractor shall notify local authorities of the Contractor’s intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make all arrangements relative to keeping the working area clear of parked vehicles.

Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control”.

See Section 13-25 for traffic camera requirements.

Payment – Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed, therefore.
13-08. Dust Control and Watering. Dust control and watering shall conform to the provisions in Sections 10 "Dust Control" and 17 "Watering" of the California Standard Specifications and these Special Provisions.

The Contractor at their expense shall provide their own water for dust control and project construction.

Necessary precautions to prevent dust nuisance shall be taken during all phases of construction, on non-working days, and to final acceptance of the work.

Payment for dust control and watering shall be considered as included in the various items of work and no additional compensation will be allowed, therefore.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 31 Spec. No. 24-04 13-09. Traffic Control Traffic control shall conform to Section 12 "Construction Area Traffic Control Devices" of the California Standard Specifications and these Special Provisions. Attention is particularly directed to the "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" published by Caltrans. Nothing in these Specifications is to be construed as to reduce the minimum standards set in said manual.

Traffic shall be maintained at all times as provided in these Special Provisions except as otherwise approved by the Engineer.

The Contractor will be required to keep all residents and businesses notified of the work schedule as it affects their access.

The Contractor shall maintain contact with the Ukiah Electric Utility Department dispatch office regarding start and completion of the following:
• Construction activity that may impede emergency vehicles, school buses, etc. • Construction activity such as trenches or other excavation that prohibit access. • Construction activity that removes a fire hydrant from service.

The Contractor shall provide the name and telephone number of a person directly responsible for the construction activity to the Ukiah Police and Fire Departments and Life Medical Paramedic Ambulance Service The City will furnish "No Parking" signs which shall be posted by the Contractor.

The Contractor shall be responsible for supplying, installing, and maintaining such fences, barriers, lights, signs and flaggers as are necessary to give adequate warning to the public at all times that the road or street is under construction and of any dangerous conditions to be encountered as a result thereof.

All traffic control equipment shall be removed when it is no longer required.

Upon request, the Contractor shall submit to the Engineer a sketch showing the proposed signing and barricading to be used in the project.

All existing warning, regulatory, and information signs shall be maintained in a visible location during all phases of the construction by the Contractor.

If it becomes necessary for the City of Ukiah to replace or place additional barricades to provide adequate safety to the public, the Contractor will be charged $1 per barricade per day or portion thereof plus the cost of placement and removal. The Contractor will also be charged for replacement of damaged City barricades. The Contractor shall furnish and place barricades within 3 working days. No removal charge will be made if the Contractor returns City barricades to the Municipal Service Center.

Full compensation for furnishing all labor, materials, tools, equipment and incidentals for doing all work involved in furnishing and placing barricades, warning devices, and for flaggers as may be required by the Engineer shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed, therefore.
13-10. Protection of Existing Facilities Protection of existing facilities shall conform to all the applicable provisions in Section 8-1.10 "Utility and Non-Highway Facilities".

All known obstructions to the work are indicated on the plans. However, the City cannot guarantee the accuracy of this information. The Contractor will be held responsible for the maintenance and protection of or damage to existing facilities, structures, obstructions, and all underground facilities shown on the Plans or brought to the Contractor's attention during the work.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 32 Spec. No. 24-04 The Contractor shall notify owner agencies for locations of utilities or facilities prior to excavation.

The owning utility shall be immediately notified of any damage which is caused by the operations of the Contractor to any facility, utility, or structure. At the owning utility's discretion, repairs shall be made by the Contractor at the owning utility's direction or by the utility, all to the satisfaction of the Engineer. 13-11. Removal Methods All portions of existing concrete to be removed shall be removed in a smooth, neat, vertical plane. Where expansion, contraction or construction joints are not present, the concrete shall be saw cut to a minimum depth of 1-1/2 inches. If an expansion, contraction, or construction joint is within 3 feet of the concrete to be removed, the concrete shall be removed to that joint.

Prior to final paving, all portions of existing pavement to be removed shall be cut on a neat, straight line.

Pavement removed outside the removal line shall be cut parallel to and at right angles to the removal line. The face of the cut shall be smooth and shall not overhang the removal area. Drop hammers are not allowed.

Jackhammers may be used if the cuts are overlapped and meet the above criteria. Where edges of remaining pavement are raised by the removal method used, they shall be flattened with a mechanical tamper prior to setting frames or replacing pavement.

Where an excavation leaves less than 2 feet of pavement adjacent to the gutter, the remaining pavement shall be removed and replaced.

All removed material, unless otherwise specified, shall become the property of the Contractor, and shall be disposed of outside of the right-of-way.
13-12. Vacuum Excavation All pothole works to expose existing utilities shall be done by vacuum excavation methods. The preferred method of excavation shall be by high pressure air. Use of water fluid for excavation shall only be by permission of the City Engineer. Maximum dimension of the pothole shall be 12 inches by 12 inches. All excavation material shall be removed and disposed of by the contractor. Backfill material shall be Class 2 aggregate base compacted to 90% relative compaction. Prior to paving, the pothole shall be cut to provide a clean vertical edge to pave against. The final dimension of the pothole prior to paving shall be 12 inches by 12 inches maximum. The asphalt concrete shall be a ½ inch mix having a depth of 4 inches.

All pothole work shall comply with the Traffic Control provisions of these specifications.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing the work involved in performing the pothole operation shall be considered as included in the price paid for the various items of work, and no additional compensation will be allowed, therefore. 13-13. Pipe and Structure Excavation, Backfill and Compaction Excavation and backfill for pipe, manholes and miscellaneous structures shall conform to the provisions in Section 19.3 "Structure Excavation and Backfill" of the California Standard Specifications, and these Special Provisions.

Pavement and concrete removal shall conform to Section 13-11 "Removal Methods" of these Special Provisions.

All excavation shall be made to the lines and grades shown on the Plans. Trench edges shall be no closer than 1 foot to the toe of the gutter unless otherwise approved by the Engineer. Where mud, peat or any unstable or objectionable material is encountered at or within 6 inches of the bottom of any excavation, such material shall be removed to a depth of at least 12 inches below the established grade and the trench brought to grade by placing a suitable material thoroughly compacted in place, all as approved by the Engineer.

Trench width, bedding and backfill for pipe shall conform to "Pipe Bedding and Backfill Requirements", as shown on plans.

Ponding or jetting of backfill is not allowed unless specifically shown on the Plans.

Trench backfills shall attain a relative compaction of 90 percent around conduit duct bank and 95 percent within

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 33 Spec. No. 24-04 30” of finish grade. Backfill compaction within the structural section shall be as shown on the Plans. Structural backfill around all structures and manholes shall attain a relative compaction of 92 percent. The Contractor shall be responsible for scheduling compaction testing per City requirements (required every 50 lineal feet of trench).

The cost for compaction testing shall be included in the total bid cost.

Backfill in street areas shall be brought to subgrade and the existing surfacing shall be replaced with the structural section shown on the Plans.

Trench backfills shall be accomplished as soon as possible after the pipe has been installed.

The Contractor shall conduct the construction operations so that trench backfill at all intersections is adequate to allow 2-way traffic in both directions during all phases of construction unless otherwise specified.

Payment for pipe and structure excavation and backfill shall be considered as included in the price paid for the various items of work requiring excavation and backfill and no additional compensation will be allowed, therefore.
13-14. Excavation Safety Excavation Safety shall conform to the provisions in Sections 5-1.02A "Trench Excavation Safety Plans" and 7-1.01E "Trench Safety" of the California Standard Specifications and these Special Provisions.

In making excavations for the project, the Contractor shall be fully responsible for providing and installing adequate sheeting, shoring, and bracing as may be necessary as a precaution against slides or cave-ins and to fully protect all existing improvements of any kind from damage.

The Contractor shall obtain a permit from the Division of Industrial Safety and shall submit a copy of the approved permit to the Engineer prior to the start of any excavation greater than 5 foot in depth. The cost of the permit shall be included in the total bid cost. If the shoring and bracing plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer.

The criteria given by the California Department of Industrial Relations are MINIMA for the conditions shown thereon. In addition to shoring the excavation as specified, it shall be the Contractor's responsibility to provide all additional shoring required to support the sides of the excavation against the effects of loads which may exceed those derived by using the criteria set forth by said governing agency. The Contractor shall be solely responsible for any damages which may result from failure to provide adequate shoring to support the excavations under any or all the conditions of loading which may exist, or which may arise during the construction project.

The contract price paid per lump sum for excavation safety shall include full compensation for furnishing all labor, materials, permits and equipment and for doing all work involved as specified under these Special Provisions and no additional compensation will be allowed, therefore. 13-15. Sprinklers and Landscaping All sprinkler systems, landscaping, sod, or turf shall be reinstalled to its original condition.
13-16. Clean-Up Clean-up shall conform to the provisions in Section 22 "Finishing Roadway" of the California Standard Specifications and these Special Provisions.

Upon completion of the work, and prior to requesting final inspection, the work area shall be thoroughly cleaned of all rubbish, construction forms, stakes, excess material, and equipment, and all portions of the work shall be left in a neat and orderly condition. The final inspection will not be made until this has been accomplished.

Full compensation for clean-up shall be considered as included in the price paid for the various contract items of work requiring finishing, and no additional compensation will be allowed, therefore. 13-17. Aggregate Base Aggregate base shall be Class 2 and shall conform to the provisions of Section 26 "Aggregate Bases" of the California Standard Specifications and these Special Provisions.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 34 Spec. No. 24-04 Aggregate grading shall be 3/4" maximum unless otherwise approved by the Engineer. The Contractor shall submit current gradation, R-value, sand equivalent, and durability index test results as requested by the Engineer.

Aggregate base shall not be placed until the subgrade has been approved by the Engineer. In lieu of the placement requirements specified in Section 26, aggregate base material shall be placed upon prepared subgrade in a uniform windrow or layer, and after placing, the material shall be graded, compacted, and watered in accordance with the requirements of Section 26-1.05 "Compaction" of the California Standard Specifications and the construction plans. Motor graders may be used for the aforementioned grading.

Aggregate base shall be compacted as specified in the Standard Specifications to a relative compaction of 95 percent.

Finished grade shall be within 0.05 feet of plan grade.

The contract price paid per ton of aggregate base shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all work involved in placing, compacting and watering aggregate base as shown on the plans and as specified in these Special Provisions, and no additional compensation will be allowed, therefore. 13-18. Asphalt Concrete Asphalt concrete shall be ½-inch maximum, medium grade, Type A and shall conform to these Special Provisions and the following sections of the Standard Specifications:
39-1 General
39-2 Materials
39-3 Storing, Proportioning and Mixing Materials
39-4.01 Subgrade
39-4.02 Prime Coat and Paint Binder
Paving asphalt shall be PG64-16 conforming to the latest published provisions in Section 92, “Asphalts,” of the California Standard Specifications. Asphalt Concrete pavement shall be placed at a minimum compacted thickness as shown on the Plans. Asphalt Concrete pavement shall be placed in lifts; the surface lift shall not exceed a compacted thickness of two (2) inches, initial spreading of asphalt shall be at a mix temperature not less than 250 degrees F. Breakdown compaction shall be completed before the temperature of the mix drops below 200 degrees F. (See Caltrans Std. Spec Section 39-6.01).

Binder Coat (tack coat) shall be Type SS-1, conforming to previsions of the American Asphalt institute Specifications and California Standard Specifications, Section 94, “Asphaltic Emulsions.” All articles apply except Article 94-1.07, “Measurement.”
Measurement: Asphalt concrete will be measured by the ton as determined by the Public Weighmaster Certificates. Duplicate load slips shall be furnished to the Engineer by and at the sole expense of the Contractor. Where the Contractor has performed unauthorized grinding, the Contractor shall backfill with asphalt concrete to the original subgrade plane shown on the Plans at the Contractor’s expense. The Engineer shall calculate the excess quantity of asphalt concrete necessary to backfill to the original subgrade plane and this quantity will be deducted from the total asphalt concrete tonnage installed.” 13-19. Asphalt Concrete Trench Paving. Asphalt concrete and the placing thereof shall conform to the requirements of Section 39, “Asphalt Concrete,” of the California Standard Specifications, and these Special Provisions.

Final asphalt concrete trench paving shall be 0.45’ to 12” outside either side of the trench width.

Asphalts: Temporary paving on all trenches shall be hot mix asphalt concrete installed a minimum 2” thick placed each day over the work.

The amount of asphalt binder to be mixed with the aggregate will be specified by the Engineer at the time of

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 35 Spec. No. 24-04 paving. A different asphalt binder content may be specified for each lift and each location.

General Requirements: The Contractor shall provide compaction of backfill and base material as the job progresses, each day. Temporary paving will be placed over the work, each day, leaving not more than 100 feet unpaved. This temporary paving shall be removed for final trench paving. The balance of the trench shall be covered with skid resistant steel plates (with a coefficient of friction of 0.35 or greater per CTM342), capable of sustaining normal (H20) traffic loads without shifting or bouncing and shall be secured per Caltrans requirements. Hot Mix asphalt concrete shall be placed and compacted around all edges of steel plates with a sufficient width and gradual slope to provide a smooth transition to existing pavement.

Finished asphalt trench paving shall be even, smooth riding and have an appearance that is compatible to the surrounding surface, unless proper written approval has been provided by the Engineer.

The Engineer may require additional paving beyond the minimum dimensions shown in STD. 220 (36” beyond the trench wall), or as shown on the plans, where records indicate that the existing pavement or structural section is as shown on the plans.

Payment: Full compensation for furnishing and installing temporary and permanent trench paving shall be considered as included in the prices paid for the pipe items and no additional allowance will be made, therefore. 13-20. Curbs, Sidewalks and Miscellaneous Concrete Curb, gutter, sidewalk, driveways, alley approaches and any other miscellaneous concrete structures shall be constructed as shown on the plans, and applicable City of Ukiah Standard Plans, and shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the California Standard Specifications and these Special Provisions. Any damage to curbs, sidewalks, and other concrete because of construction activities are the responsibility of the Contractor to repair to pre-damaged condition. a.) Earthwork: Earthwork shall conform to the plans and Section 13-12 of these Special Provisions.

The area between the right-of-way line and the back of sidewalk shall be graded to 1/4-inch per foot and sufficient compactive effort and moisture shall be applied to this area to prevent settlement.

Voids shall be filled with topsoil, not sand. Water service or other boxes and facilities shall be adjusted to grade.
b.) Curb, gutter, and sidewalk: Curb, gutter and sidewalk shall be of monolithic construction.

Construction joints shall be edged and shall conform to the proposed scoring pattern.

Expansion joint material shall be installed to the full depth of the concrete at locations shown on the plans and as designated by the Engineer.

Side inlets catch basin and drop inlet catch basin concrete may be placed against neat excavation of undisturbed earth.

Concrete retaining walls shall be formed with plywood and all exposed edges shall be edged. After the back form has been removed, the void shall be backfilled to grade with clean native topsoil. c.) Commercial curb, gutter, and sidewalk: Commercial curb, gutter and sidewalk shall be of monolithic construction. Construction joints shall be edged and shall conform to the existing scoring pattern. Curb, gutter and sidewalk shall be constructed per City of Ukiah Standard Plan. d.) Concrete: Portland cement concrete shall be Class "B" conforming to Section 90 "Portland Cement Concrete" of the Standard Specifications with a minimum compressive strength of 2500 psi at 28 days.

All concrete used shall be mixed completely in a truck mixer, commonly known in the industry as "transit-mixed concrete".

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 36 Spec. No. 24-04 e.) Forms: Forming requirements shall conform to the provisions in Section 73-1.04 "Forms" of the California Standard Specifications. If clean neat lines can be cut, the Contractor may pour against undisturbed earth with prior approval by the Engineer. If any sloughing or caving of material occurs, both front and back forms may be required.

Forms shall be true to lines and grades as shown on the plans.

Forms previously used shall be thoroughly cleaned before re-use. Before concrete is placed within any form, all inside surfaces of the forms shall be thoroughly coated with an approved oil.

All forms shall be free of any foreign material before placing concrete. f.) Concrete Reinforcement: Mesh and reinforcing steel shall conform to the provisions in Section 52-

1.02 "Materials" of the California Standard Specifications.

All reinforcing steel shall be accurately placed as shown on the plans.

All reinforcement shall be cleaned of dirt, rust, grease, loose scale and any other substance that may prevent concrete bonding. All reinforcement shall be securely positioned and supported so as to maintain the proper position during placement of concrete. g.) Concrete Placement: Concrete shall not be placed without approval of the Engineer. Placing concrete without notifying the Engineer may be reason for rejection of the work.

Prior to placing concrete, the subgrade and inside face of the forms shall be thoroughly wetted as the Engineer may direct.

Concrete shall not be deposited when it appears likely that the air temperature may fall below 40°F during the placing of concrete or within the following 24 hours unless special approval has been received from the Engineer prior to placing of concrete. Concrete which, in the opinion of the Engineer, has been damaged by freezing shall be removed and replaced.

Monolithic curb, gutter and sidewalk or median curb and gutter may be placed with extrusion machinery. The machinery shall be approved by the Engineer prior to use.

The Contractor shall install benchmark monuments as shown on the plans. The City of Ukiah will furnish the benchmark monuments without cost to the Contractor.

If the plans do not call for sidewalk, side inlet catch basins shall be constructed with a 3-foot by 5- foot section unless otherwise indicated on the plans.
h.) Finishing: After steel troweling, the concrete surfaces shall be given a fine hair broom finish.

Brooming on sidewalk shall be transverse to the length of curb.

All exposed concrete surfaces shall be finished unless otherwise directed by the Engineer.

Score marks and weakened plane joints shall be located as shown on the plans and as directed by the Engineer.
i.) Cure: Concrete cure shall be accomplished by either the water, pigmented curing compound or waterproof membrane method and shall conform to the provisions in Section 90-7 "Curing Concrete" of the California Standard Specifications. White pigmented curing compound shall not be used on exposed surfaces.
j.) Tolerances: Dimensional tolerances for concrete work are listed below. Work done outside of these tolerances will be rejected by the Engineer.

Curb, gutter, sidewalk thickness: Up to 1/4-inch below specified thickness.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 37 Spec. No. 24-04 Flow line: Puddles shall not exceed 1/4-inch in depth, 6 inches in width or 10 feet in length.

Grinding more than 1/2-inch and the use of epoxy fillers are not acceptable.

Sidewalk crossfall: Total crossfall on 5-foot sidewalks shall be within 1/2-inch of design.

Catch basins: The opening shall be a full 8 inches across the face of the catch basin with the top properly aligned within 3 inches of the base.
k.) Payment: Curb and gutter, sidewalk, street sign posts, driveways and mow strips shall be paid for under the various contract items and shall include full compensation for furnishing all labor, materials, including the cast-iron frames and grates, adjusting facilities within the sidewalk to grade, grading and adjustments at the back of walk, removal of existing facilities, tools and equipment, and for doing all work involved in their construction as shown on the plans and as specified under these Special Provisions, and no additional compensation will be allowed therefore. 13-21. Soil and Groundwater Disposal.
13-21 (A) General: Bidder’s attention is directed to the fact that the proposed project is in an area that contains no known subsurface petroleum hydrocarbon contamination.

The contractor shall maintain awareness of potential signs of soil and groundwater contamination throughout the project limits and shall notify the City immediately upon discovery. Conditions indicative of contamination may be either visual (staining in soil, sheen on water surface) or olfactory (petroleum hydrocarbon odors.) Upon the discovery of suspected contaminated materials, the Contractor shall immediately provide 40-hour OSHA-HAZWOPER certified workers in the contaminated area. The Contractor shall also provide a field Site Safety Officer that is also an 8-hour OSHA-HAZWOPER Supervisor trained to directly oversee the contaminated materials removal and handling operation. All workers in this circumstance must have their initial and annual renewal refresher training, medical clearance, and personal protection equipment in accordance with 8CCR Section 5192.
13-21 (B) Soil: None of the excavated material shall be disposed of on the work site. All material excavated from trenches in the project area shall be the property of the Contractor. Prior to disposal of any excess material from the work site, the Contractor shall submit to the Engineer written authorization for such disposal and entry permission signed by the approved disposal site. Contractor shall comply with all disposal regulations such as City, County, and/or State permits and license, as may be required. 13-21 (C) Water: Groundwater may be encountered during excavation. If it is encountered, the Contractor shall immediately notify the City. The Contractor shall remove all water which accumulates in the excavation during the progress of work until the pipe or other structures are installed and until backfilling has progressed to a sufficient height to anchor the work against possible flotation or leakage. At all times, the Contractor shall have a minimum of 2 working pumps available for immediate use at all times.

Water accumulated in excavations shall be discharged to the sanitary sewer under the supervision of City staff.

Said water shall be disposed of in a manner as to cause no injury to public or private property or be a menace to public health. Sediment shall be removed from any water to be disposed of, prior to discharge, by placing the pump inlet hose into a sump filled with clean gravel, or a perforated bucket filled with clean gravel. The outlet of the pump shall have a filter sock installed to retain residual sediment.

If any odor, sheen or other visual discrepancy is noted during excavation or discharge, stop pumping and immediately notify the Engineer. Pumped groundwater will not be allowed into any watercourse or storm drain system.

Contractor shall be responsible for constructing, operating, and maintaining all necessary features to complete the work including furnishing, installing and maintaining all pumping and other equipment required to dewater any trenches containing water as may be encountered during performance of the work. Dewatering plan for each occurrence shall be approved by the Engineer prior to implementation. At the permanent conclusion of

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 38 Spec. No. 24-04 dewatering operations, all dewatering equipment shall be removed from the job site.

Payment: Full compensation for disposal of all excavated material and trench water, including, but not limited to, transportation costs and soil disposal fees and providing all necessary equipment and labor (including back-up pumping equipment) shall be considered as included in the contract prices paid for various contract items of work and no additional compensation will be allowed therefor. The City will pay discharge fees for the necessary disposal of trench water. 13-22. Traffic Stripes and Pavement Markings Traffic stripes and pavement markings shall conform to the applicable provisions of Section 84, “Traffic Stripes and Pavement Markings,” of the California Standard Specifications, City of Ukiah Standards, and these Special Provisions and shall be placed at the locations shown on the plans.

Stripes and pavement markings shall be thermoplastic.

Existing stripes and pavement markings which are damaged by the work shall be replaced. Replaced sections shall match existing sections. Patching is not acceptable in lieu of complete replacement.

Payment: Traffic Stripes and Pavement Markings shall be paid for at the contract lump sum price, which price shall include full compensation for furnishing all equipment, tools, and labor, and doing all the work involved, as herein specified, including
• removal of existing striping and markings,
• furnishing all paint and glass beads,
• thermoplastic pavement marking material,
• tape,
• eradication of existing and temporary traffic stripes, • temporary traffic stripes and pavement markings,
• replacement of damaged stripes and markings,
and doing all the work involved as herein specified and no additional allowance will be made, therefore. 13-23. Signal, Lighting and Electrical Systems All work shall meet the requirements of Section 86-1.02 “Regulations and Code” of the California Standard Specifications. 13-24. Maintaining Existing Systems The Contractor shall maintain existing signal and lighting systems in accordance with Section 86-1.05 “Maintaining Existing and Temporary Electrical Systems” and these Special Provisions.
13-25. Maintaining Traffic and Pedestrian Operations. The Contractor must so conduct his or her operations so as to cause the least possible obstruction and inconvenience to public traffic. All traffic control and related devices shall conform to requirements set forth in the California MUTCD. All traffic must be permitted to pass through the Work unless otherwise approved by the PM.

Full compensation for conforming to the requirements of this section will be deemed included in the prices paid or the various Contract items of Work and no additional allowances will be made therefore.

Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Department of Public Works, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the Work area with an absolute minimum of interruption or impedance unless otherwise provided for in the Special Provisions or approved in writing by the PM. The Contractor must make provisions for the safe passage of pedestrians around the area of Work at all times. 13-26. Accessibility. Where approved in writing by the PM and the Department of Public Works, the Contractor must construct and maintain detours for the use of public traffic at his or her own expense. Failure or refusal of the Contractor to construct and maintain detours so approved at the proper time will be a material breach of the Contract subject to any and all remedies available pursuant to the Agreement and at law and equity. Such remedies include, but are not limited to, termination.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 39 Spec. No. 24-04 The Contractor will be responsible for keeping all emergency services, including the Ukiah police and fire departments and Department of Public Works informed of obstructions to, or detours around any public or private roads caused by reasons of his or her operations. Where there is a need to close down public streets or thoroughfares for an extended period of time, the Contractor will notify the PM and the Department of Public Works 48 hours in advance. The PM and Department of Public Works Project Analyst can be reached at:

Activity Written Approval Notify E-mail address Contact Phone # Road Closure*
Public Works
Project Manager
Public Safety
Public Works
Project Manager
[email protected]
[email protected]
[email protected]
(707) 463-6262
(707) 463-6282
(707) 467-5778
Lane Closure*
Public Works
Project Manager
Public Safety
Public Works
Project Manager
[email protected]
[email protected]
[email protected]
(707) 463-6262
(707) 463-6282
(707) 467-5778
Driveway or
Property Access
Restriction
Project Manager [email protected] (707) 467-5778
*Requires 48 hr. advanced notification
13-27. Public Safety. The Contractor must at all times conduct the Work in accordance with Construction Safety Orders of the Division of Industrial Safety, State of California, to ensure the least possible obstruction to traffic and inconvenience to the general public, and adequate protection of persons and property in the vicinity of the work.

No pedestrian or vehicle passage may be closed to the public without first obtaining permission of the PM. Should the Contractor fail to provide public safety as specified or if, in the opinion of the PM, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor’s operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to, administrative costs.

Nothing in this section will be construed to relieve the Contractor of the obligation to maintain a safe worksite. This section provides the City and the PM with the right, but not the obligation, to remedy the Contractor’s deficiencies in maintaining a safe worksite.
13-28. Payment. Payment for all work and work requirements specified in this Scope of Work shall be considered as included in the Contract Price and no additional allowances shall be made, therefore.

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

SECTION 15. AMENDMENTS TO GENERAL CONDITIONS
15-01. Sections of General Conditions to be Amended. The following designated sections of the Special Provisions are hereby amended to read as follows:

No amendments.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 40 Spec. No. 24-04

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

Did you include?...
o Proposal (Page 41)
 Unit prices filled out clearly.
 Extended prices filled out clearly and calculated correctly  Total bid amount filled out clearly and calculated correctly  Sign the proposal, and provide complete information
 CLSB No. and expiration date
 Department of Industrial Relations Public Works Contractor Registration Number o Fair Employment Practices Certification (Page 46)
 Filled out completely per instruction
o Worker’s Compensation Certificate (Page 47)
 Filled out completely per instruction
o Certification of Non-Discrimination in Employment (Page 48)  Filled out completely per instruction
o List of Proposed Subcontractors (Page 49)
 Filled out completely per instruction
o Statement of Experience (Page 50)
o Signature of Bidder (Page 51)
 Filled out completely per instruction
 Authorized signature provided
o Bidder’s Bond (Page 52)
 Filled out completely per instruction
o Non-Collusion Affidavit (Page 53)
 Filled out completely per instruction
 Notarized
o Iran Contracting Act Certification (Page 54)
o Addenda Issued
 Check the City website for any addenda issued: www.cityofukiah.com/purchasing. Please note that actual acknowledgment of addenda is not required to submit with your bid. Refer to Section 1-11 and 3-07 of the General Conditions.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 41 Spec. No. 24-04

CITY OF UKIAH

MENDOCINO COUNTY, CALIFORNIA

PROPOSAL
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect.

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

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 42 Spec. No. 24-04

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

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

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

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

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

Lowest bid will be based on the lowest Base Bid.

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 43 Spec. No. 24-04 NAME OF BIDDER:

SPEC #: 24-04
PROJECT NAME: GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT BASE BID ITEM #1
NEW PED - 225 S ORCHARD AVE - BIG LOTS
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 30 LF $__________ $__________________

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 72 SF $__________ $__________________

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 40 FT $__________ $__________________

4. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
24 SF $__________ $__________________

5. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PEDESTAL BOX PAD
(CITY TO PROVIDE)
1 EA $__________ $__________________

6. LANDSCAPE REMOVAL AND

REPLACEMENT
1 LS $__________ $__________________

7. $__________ $__________________

8. $__________ $__________________
TOTAL BID ==>> $__________________
BASE BID ITEM #2
ORCHARD AND GOBBI ST – NEW PADMOUNT SWITCH
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 80 LF $__________ $__________________

2. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 30 FT $__________ $__________________

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GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 44 Spec. No. 24-04

3. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 100 FT $__________ $__________________

4. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
48 SF $__________ $__________________

5. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PADMOUNT SWITCH

BOX PAD (CITY TO PROVIDE)
1 EA $__________ $__________________
TOTAL BID ==>> $__________________
BASE BID ITEM #3
NEW PADMOUNT SWITCH – 751 EAST GOBBI ST
Item
No. Description Quantity Unit of Measure Unit Price Item Total

1. EXCAVATE, TRENCH, BACKFILL AND
COMPACTION (24”X59” TRENCH) 340 LF $__________ $__________________

2. REMOVE AND REPLACE ASPHALT
CONCRETE (24” TRENCH) 870 SF $__________ $__________________

3. 4” PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 180 FT $__________ $__________________

4. 6’ PVC SCH 40 CONDUIT INCLUDING
INSTALLATION (ELECTRIC) 190 FT $__________ $__________________

5. SIDEWALK REMOVAL AND

REPLACEMENT FOR INSTALLATION

OF ELECTRIC, CABLE & AT&T VAULTS

AND BOXES
12 SF $__________ $__________________

6. EXCAVATE, BACKFILL, COMPACTION

AND INSTALL PADMOUNT SWITCH

BOX PAD (CITY TO PROVIDE)
1 EA $__________ $__________________

7. LANDSCAPE REMOVAL AND
REPLACEMENT 1 LS $__________ $__________________
TOTAL BID ==>> $__________________

Page 387 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 45 Spec. No. 24-04 TOTAL BASE BID AMOUNT IN FIGURES
Total Base Bid (#1 through #3) amount in words:
______________________________________________________________________Dollars $_____________________________
We, the undersigned, acknowledge that the City Council has reserved the right to reject any or all bids and to determine which proposal is, in its opinion, the lowest responsive bid from a responsible bidder and that which it deems in the best interest of the City to accept. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned.

Witness our hands this day of ___________________, 20____.

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

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

Department of Industrial Relations Public Works Contractor Registration Number: _____________________ Signature of bidder or bidders, with business name, address, phone number and fax number:
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer.
_________________________________________________________________ _________________________________________________________________ _________________________________________________________________

Page 388 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 46 Spec. No. 24-04

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

SPEC 24-04 GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT ________________________________________________________________ (Signature of Bidder)
Business Mailing Address:
_________________________________________________
_________________________________________________
_________________________________________________
Business Location:
_________________________________________________
_________________________________________________
(The bidder shall execute the certification of this page prior to submitting his or her proposal.)

Page 389 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 47 Spec. No. 24-04

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

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

Page 390 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 48 Spec. No. 24-04

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

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

Page 391 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 49 Spec. No. 24-04

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

SUBCONTRACTOR
NAME

SUBCONTRACTOR

LICENSE NUMBER

SUBCONTRACTOR
DIR

REGISTRATION
NUMBER

SUBCONTRACTOR

BUSINESS

ADDRESS

DESCRIPTION

OF WORK

Page 392 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 50 Spec. No. 24-04

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

Page 393 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 51 Spec. No. 24-04

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

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

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

License No. ______________________________, License Expiration Date .

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

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

Page 394 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 52 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

BIDDER'S BOND

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

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah Civic Center, Ukiah, California, on June 11, 2024 for GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, SPEC. NO. 24-04.

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

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

Page 395 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 53 Spec. No. 24-04

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

To City Council, City of Ukiah:

The undersigned in submitting a bid for performing GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT, SPEC. NO. 24-04 by contract, being duly sworn, deposes and says:
that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. __________________________________________________
__________________________________________________
__________________________________________________
Signature(s) of Bidder
Business Address:__________________________________________________ __________________________________________________
__________________________________________________
Place of Residence:__________________________________________________ __________________________________________________
__________________________________________________

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

My Commission Expires ________________________, 20 ____.

Page 396 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 54 Spec. No. 24-04

IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the Contractor is not:
(i) identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(ii) a financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

Signed______________________________________________________ Titled_______________________________________________________ Firm_________________________________________________________ Date_________________________________________________________ Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.

Page 397 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 55 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

AGREEMENT
FOR
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24-04
THIS AGREEMENT, made this ______ day of ___________________, 20____, by and between the City of Ukiah, Mendocino County, California, hereinafter called the City and _______________________ hereinafter called the Contractor,
WITNESSETH:

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

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

That the Contractor shall provide all necessary machinery, tools, apparatus and other means of construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformity with the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall complete the work within <<NINETY>> (<<90>>) calendar days. Contract days shall be counted starting with the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior to the start of work, without obtaining an encroachment permit from the City, or without having submitted certificates of insurance that have been accepted and approved by the Engineer.

Article II. Contract Prices.

That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full

Page 398 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 56 Spec. No. 24-04 compensation for all material and appliances necessary to the work, for all labor and use of tools and other implements necessary to execute the work contemplated in this contract; for all loss or damage arising out of the nature of the work or from the action of the elements, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every description connected therewith; for all expenses of the work, as herein specified; for all liability and other insurance, for all overhead and other expenses incident to the work; all according to the Contract Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.

Article III. Labor Discrimination.

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

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

Upon receipt of such written notice from the Fair Employment Practices Commission, the City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his or her pre-qualification rating will be revoked at the expiration of such period.

Page 399 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 57 Spec. No. 24-04 (e) The Contractor agrees that should the City determine that the Contractor has not complied with the Fair Employment Practices section of this Contract, then pursuant to Labor Code Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each calendar day or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The City may deduct any such damages from any monies due the Contractor. (f) Nothing contained in this Fair Employment Practices section shall be construed in any manner of fashion so as to prevent the City or the State of California from pursuing any other remedies that may be available at law.
(g) Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he or she has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority:
(1) The Contractor shall provide evidence, as required by the City that he or she has notified all supervisors, foremen and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it.
(2) The Contractor shall provide evidence, as required by the City, that he or she has notified all sources of employees’ referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti-discrimination clause. (3) The Contractor shall file a basic compliance report, as required by the City. Willfully false statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire.
(4) Personally, or through his or her representatives, the Contractor shall, through negotiations with the unions with whom he or she has agreements, attempt to develop an agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and training. b. Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography to the end that qualified minority workers will be available and given and equal opportunity for employment.
(5) The Contractor shall notify the City of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its pre-qualification. (h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (i) The "Fair Employment Practices Certification" must be completed and signed prior to the time of submitting the bid.

Article IV. Parts of the Contract.

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

1. Notice to Bidders

2. Wage Rates

3. General Conditions

4. Technical Specifications

Page 400 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 58 Spec. No. 24-04

5. Proposal

6. Fair Employment Practices Certification

7. Agreement

8. Addenda

9. Contract Bonds

10. Contract Drawings and Construction Details

11. Standard Drawings

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

CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By: ______________________________________________________________

CITY MANAGER, CITY OF UKIAH
Attest: ______________________________________________________________

CITY CLERK, CITY OF UKIAH
By: ______________________________________________________________

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

CITY ATTORNEY, CITY OF UKIAH

Page 401 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 59 Spec. No. 24-04

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

Contractor is
_________________________________________________________________________________ ___________________________________________ for Ukiah.

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

Accordingly, Contractor agrees as follows:

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

CONTRACTOR
BY: _______________________________________________
TITLE: _______________________________________________

Page 402 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 60 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

FAITHFUL PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________________ __________________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________________,

AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City”, in the penal sum of dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated __________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
_________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

Page 403 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 61 Spec. No. 24-04 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

Page 404 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 62 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

MATERIAL AND LABOR BOND

KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned, ______________________________________________________ __________________________________________________________________________, AS PRINCIPAL, and
__________________________________________________________________________ __________________________________________________________________________, AS SURETY, are held firmly bound unto THE CITY OF UKIAH, hereinafter called the “City” in the penal sum of

dollars ($____________________)
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally.

WHEREAS, the Principal has entered into a certain Contract with the City, dated _________________, 20_____, a copy of which is hereto attached and made a part hereof, NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully perform the Contract and all duly authorized modifications thereof, during its original term and any extensions thereof that may be granted and during any guaranty period for which the Contract provides, and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims, including its attorney's fees and court costs, and if the Principal shall make full payment to all persons supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor vehicle fees required for commercial motor vehicles used in connection with the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any such modification, extension, or forbearance is hereby waived.

IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed their seals hereto, this ________ day of _______________,20_______.

In the presence of:

WITNESS:
____________________________________
________________________________(SEAL)
(Individual Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)

Page 405 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 63 Spec. No. 24-04 WITNESS:
____________________________________
______________________________(SEAL)
(Corporate Principal)
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:

________________________________
(Corporate Principal) Affix
Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
ATTEST:
____________________________ ________________________________ Affix (Corporate Surety) Corporate
Seal
___________________________________
(Business Address)
___________________________________
(City/State/Zip Code)
The rate of premium on this bond is $___________________________ per thousand.

The total amount of premium charges is $____________________________.. (The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety Company must be attached).
(CERTIFICATE AS TO CORPORATE PRINCIPAL)
I,_________________________________________, certify that I am the ______________________________ Secretary of the corporation named as Principal in the foregoing bond; that _______________________________________, who signed the said bond on behalf of the Principal, was then ____________________________________________ of said corporation; that I know his signature, and that his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for and in behalf of said corporation by authority of its governing body.
____________________________________________ Affix Corporate Seal

Page 406 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 64 Spec. No. 24-04

DIRECTIONS FOR PREPARATION OF PERFORMANCE AND MATERIAL AND LABOR BOND

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

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

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

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

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

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

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

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

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

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

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

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

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

Page 407 of 707 ends

GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 65 Spec. No. 24-04

CITY OF UKIAH
Mendocino County, California

DEFECTIVE MATERIAL AND WORKMANSHIP (MAINTENANCE) BOND

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

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

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

Page 408 of 707 ends

W.O.

GRID
SCALE
DWG. No.

SHEET of- 9
1 4
APPROVED BY: TITLE:

AS BUILT
- 1" = 20'

DATE DRAWN CHECKED

ELECTRIC UTILITY DEPARTMENT

DESIGNED
5/7/2024 AMS AMS
NOT TO SCALE.

THEN DRAWING IS
NOT MEASURE 1"

IF THIS BAR DOES
No. REVISIONS DATE DSG. BY BY CKD APPD
Switching and Reliability Enhancement Project
Project Locations - 225 S Orchard Ave, Southwest
corner of Gobbi/Orchard, 700 Block of East Gobbi St
1) CONFORM TO THESE SPECIFICATIONS AND REQUIREMENTS OF THE CITY ENGINEER. 2) COMPACTION: CONFORM TO SECTION 19-5, "COMPACTION" OF CALTRANS STANDARD SPECIFICATIONS, THESE PLANS, AND REQUIREMENTS OF THE CITY ENGINEER. CONTRACTOR TO PROVIDE INDEPENDENT MATERIALS AND COMPACTION TESTING.
3) AGGREGATE SUBBASE: CLASS 3. CONFORM TO SECTION 25, "AGGREGATE SUBBASES", OF CALTRANS STANDARD SPECIFICATIONS. SUBJECT TO CITY ENGINEER'S INSPECTION AND APPROVAL, REUSE EXITING SURFACING AND AGGREGATE BASE. CRUSH A.C. PAVEMENT FOR REUSE AS REQUIRED. IF EXISTING MATERIAL IS INSUFFICIENT IN QUALITY OR QUANTITY USE CLASS 2 AGGREGATE SUBBASE.
4) AGGREGATE BASE: CLASS 2, CONFORM TO SECTION 26, "AGGREGATE BASES", OF CALTRANS STANDARD SPECIFICATIONS. 5) ASPHALT CONCRETE: TYPE B. CONFORM TO SECTION 39, "ASPHALT CONCRETE", OF CALTRANS STANDARD SPECIFICATIONS.
6) FOG SEAL COAT: CONFORM TO SECTION 37, "BITUMINOUS SEALS", OF CALTRANS STANDARD SPECIFICATIONS. 7) CONCRETE: CLASS B. CONFORM TO SECTION 90, "PORTLAND CEMENT CONCRETE", OF CALTRANS STANDARD SPECIFICATIONS.
8) TRAFFIC STRIPES: CONFORM TO SECTION 84, "TRAFFIC STRIPES AND PAVEMENT MARKINGS", OF CALTRANS STANDARD SPECIFICATIONS.
9) ANY SIDEWALK REMOVAL AND REPLACEMENT SHALL BE DONE TO SCORE LINES. 10) TRENCH WIDTH TO BE 24" IN THE STREET AND 12" FOR RESIDENTIAL SERVICE UNLESS OTHERWISE SPECIFIED. DEPTH TO VARY DEPENDING ON CONDUIT SIZE AND CLEARANCE.
11) TWELVE INCHES OF SEPARATION MUST BE KEPT BETWEEN ELECTRIC AND ALL OTHER UTILITIES.

TRENCH DETAILS

IN ROADWAY NOT IN ROADWAY

CURB & SIDEWALK SECTION
A. CONTRACTOR TO FURNISH AND/OR INSTALL:

1. All trenching, backfill and compaction per City Specifications, AT&T requirement and Comcast Specifications. Construction work shall be done according to applicable rules and regulations.

2. Clean sand shall be used to backfill to a minimum of 3 in. above conduit(s) when a single layer of conduit is placed. Slurry cement per Caltrans Specification 19.3.02E shall be used when more than one conduit layer is present or conduits are placed in spacers.

3. All conduit, see Conduit Table A. Including all stubs for future.

4. Concrete bags are required at all vertical 90' degree bends. 2 bags for 1-2 conduits, 6 bags for 3-4 conduits, and 8 bags for 5-6 conduits. The amount of bags may be increased in the field by Project Manager, if required, and will be paid on line item.

5. Remove and replace existing asphalt concrete and sidewalk as required to install conduits and related equipment per City specifications. Please contact COU Public Works Department.

6. Prove and install pull line (Mule Tape - 2500 lbs., 3 4" polyester) in all conduit (electric, phone and cable). All Mule Tape shall have footage markers. UEUD Project manager shall be present for all mandrelling and conduit must be proved in both directions. Conduit line items are paid in actual footage at time of proving conduit.

7. Exact grade and location for all equipment:
a. Primary Vault (installation only) 504 vault with 6" riser and cover Specification # 317 2530 b. Padmount transformer box pad (installation only) Specification # 922 5402 & 317 2425 (4) c. Primary Pedestal enclosure box pad (installation only) Specification # 922 5405 & 317 2431 d. Grounding per Electrical Construction Standard 314 1007 at each primary vault, primary junction box and grounding per Electrical Construction Standard 314 1008 at each transformer pad, primary pedestal enclosure, primary riser and each location otherwise noted on plans. e. Secondary electric boxes (installation only) Specification # 311 2105 f. Bumper posts per City of Ukiah Specification # 326 1503.

8. Excavation, backfill and compaction for primary vaults, including installation of 12" to 18" of drain rock below vault. (Hydro hammer is not to be used around substructures) City of Ukiah to inspect each primary junction box upon project backfill completion. Box to be set level and flush with adjacent paving. Vaults located in traffic locations may require a 2'-3' apron at the discretion of the COUEUD Project Manager.

9. CATV SERVICE VAULTS - shall be N30, N36 & B48 (w/ 10" extension) per Comcast Specifications. Service box shall be Oldcastle Precast and marked CABLE TV. The cover shall be a reinforced concrete lid. Conduit entry and service box placement shall meet Comcast Specifications. Exact grade and location for all CATV equipment shall be met.

10. AT&T SERVICE BOXES - shall be Jensen Precast K243630AT with H-20 traffic rated non-skid covers or approved equal. Exact grade and location for all AT&T equipment shall be met. All conduit entries to AT&T boxes and vaults shall be horizontal.

11. During Construction signage in business districts are required at each end of the project and all intersections indicating businesses are open. Signage must be approved by the City of Ukiah Electric Utility Department.

CITY OF UKIAH TO SUPPLY THE FOLLOWING MATERIALS AND SERVICES:

12. Conductor, terminations, equipment and labor necessary to convert the existing overhead system to an underground system.

13. Answer questions regarding the drawing, specifications and locations of all electrical substructures.

14. Inspection of all electrical substructures prior to backfill.

15. Primary vault(s) (material only).

16. Padmount transformer box pad(s) (material only).

17. Primary pedestal enclosure box pad(s) (material only).

18. Secondary services boxes (material only).

CONSTRUCTION NOTES:
a. Electrical substructures including conduit and grounding shall be inspected by the UEUD for proper installation prior to backfill of any excavation. You may call the UEUD at (707) 467-5775 to schedule inspection. The Contractor shall notify the UEUD 48 hours in advance of any inspection to be performed outside the normal workday (Monday through Thursday) b. Contractor to be responsible for condition of all substructures (for example, trench settlement, damaged substructures, etc.) until one year after the date of completion of project. c. Contractor shall not excavate until all utility agencies have been given the opportunity to mark their facilities in the field. d. Contractor shall pothole all underground utilities locations to determine exact depth prior to trenching. Contractor shall follow all USA laws.
e. All landscape shall be returned to its original condition, or better; including repairs of all water lines that were removed due to construction.
f. All road closures must be approved by the City of Ukiah 72 hours in advance. g. Existing utilities are shown in approximate locations based on available records. Service laterals are not indicated. Contact public works engineering department at 707-463-6282. It is the Contractor's responsibility to determine actual vertical and horizontal alignments of any and all utilities in the vicinity of the work area prior to any work being performed and shall adjust the depth of the new utilities to clear as directed by the Engineer. The City of Ukiah and the Engineer assume no responsibility for underground obstructions that may be encountered. h. Any damages to City or other utilities caused by project operations shall be the contractor's responsibility. Contractor must repair all disturbed or damaged conduit immediately regardless if the conduit appears abandoned and must notify the owner utility for immediate repair. No conduit is to be considered abandoned unless the utility owner gives written permission. i. Caution shall be exercised when digging within the dripline of any tree. Roots larger than 2 inches shall not be cut without permission from the Engineer. In the event that a tree root larger than 2 inches needs to be removed, the root pruning shall be performed by a City approved licensed arborist only. Contact the City Public Works Department for a list of approved arborists, 707-463-6282.
j. Contractor shall protect and preserve City survey monuments. If not possible contractor shall coordinate 10 days in advance with City of Ukiah for referencing of existing monuments prior to work in the area. If monument(s) are disturbed contractor shall reconstruct per City Standards. Please Contact the City Public Works Engineer, 707-463-6284. k. Contractor shall notify all customers within the construction zone of proposed work schedule at the start of project. l. Contractor shall notify all customers 48 hours in advance of any construction or disruption of traffic flow impacting the property and any driveway closures by hanging door knockers and distributing flyers at each residence or business entrance.
m. Contractor shall remove and replace sidewalk and concrete planter strips to the nearest transverse score mark on both sides as required by the Engineer for conduit installations. Contact the City Public Works Engineering Department, 707-463-6282, for sidewalk specifications and concrete color matching. Concrete color must match existing. n. All trenches shall be backfilled and compacted per City Specifications. Compaction tests are required for all trenches in roadway, every 200', and for every intersection crossing. o. Trench depth and location may have to be adjusted in the field to avoid existing facilities. All depth changes must be approved by engineer.
p. All conduit shall be proved with the appropriate size mandrel to match conduit size and must be acceptable to the UEUD.

Conduit shall be free of dirt, rocks or other obstructions which could prevent, hinder or harm the installation of electric cable.

Project Manager shall be present for all mandrelling and conduit must be proved in both directions. Conduit line items are paid by actual footage at time of proving conduit.
q. Mule Tape shall be installed in all conduits (electric, phone & cable). The open end of all conduits must be protected in a manner that prohibits dirt or debris from entering. Mule tape shall have footage markers. r. Maximum deflection of a 20' section of conduit shall be 5” unless pre-made bends are used. s. Standard interlocking conduit spacers that provide a separation of 2" (min) between conduit shall be used, where specified.

Spacers shall be spaced 5' apart (max.) or where conduit transitions are made. Provisions must be made ahead of time to keep conduit from floating during slurry pour.
t. The ends of all stub conduits shall be securely capped. All trenching of electrical conduit shall have tracer tape installed above electrical conduit.
u. The UEUD shall assist the contractor with the installation of all conduit into any energized equipment (vaults, pads or boxes).

An UEUD Qualified Electrical Worker is required to be present during the installation of conduit into any energized equipment. Customer service outage time should be held to a minimum and shall not exceed one working day. All outages shall be coordinated with the City of Ukiah Electric Department.

CONSTRUCTION RESPONSIBILITIES

CONDUIT TABLE A
Size Electric Cable TV Phone Conduit in Trench
1Minimum Radius 90° Elbows
1" 18" 18" - 2" 24" 24" 60"
3" 36" 24" - 4" 36" - 60"
6" 48" - - Conduit Type All PVC 402 PVC 40 PVC 40
Fittings Type All TC-3
Long Line Couplings
Standards All
NEMA TC-2
UL 651
UL 514B
Color All Gray White Gray or
White
Marking All "CATV" Every 5' Streetlight Boring Conduit3Conduit Type 1" HDPE Smoothwall Sch 40 N/A N/A Standards All NEMA TC 7
ANSI D1248 N/A N/A
Color All Gray N/A N/A

1. Conduits shall be joined using a medium body, clear, electrical conduit PVC solvent cement approved by the UEUD.

2. Risers locations: Sweeps Shall be schedule 40 with concrete bags on the vertical 90 degree bends, but shall be schedule 80 and steel conduit coming out of the ground. UEUD requires compaction tests for all trenches in roadway, every 200', and every intersection crossing. Conduit shall be stubbed 6" above ground level and mounted per spec 311 2007.

3. Conduit shall be installed by horizontal directional drilling (boring). Conduit shall be equipped with SILICORE® inner lining or approved equivalent system for ease of installing conductor. Conduit shall be continuous - couplings or joints are not permitted except couplings may be used immediately adjacent to streetlight foundations, junction boxes and /or power sources for connection of a schedule 40 elbow to the HDPE conduit. Couplings shall be of the compression type.

Switching and Reliability Enhancement Project
Project Locations - 225 S Orchard Ave, Southwest corner of Gobbi/Orchard, 700 Block of East Gobbi St

THE PLACEMENT OF BOXES/VAULTS AND CONDUITS AS SHOWN
ON PLANS ARE FOR RECOMMENDED INSTALL ONLY. IT IS THE

RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE CORRECT
LOCATION AND DEPTH WITH APPROPRIATE AGENCIES. NEITHER

UTILITY DESIGN SERVICES LLC NOR THE DESIGNER ASSUME ANY RESPONSIBILITY FOR FINAL INSTALLATION.

NTS

ELECTR IC

U T I L I T Y

C ITY OF UKIAH
FOUNDED 1 8 7 6

MENDOCINO

C O U N T Y
2 Specifications, Contractor Responsibilities, & Notes updated 1/30/2024 ENG DPT KJ Appendix A

Page 409 of 707 ends

VAULT 27 10ORCHS05
Sidewalk Dwy

S ORCHARD AVE STELLA DR
232 599 Dwy
Dwy
Dwy

BIG LOTS
225
Sidewalk Sidewalk
Sidewalk
Sidewalk Sidewalk
Sidewalk
285
195
INTERCEPT (E) 4" PRIMARY CONDUIT & EXTEND TO NEW PED CAP CONDUIT END INTERCEPT (E) 4" PRIMARY CONDUIT GOING TO VAULT 96 & EXTEND TO NEW PED ABANDON 4" PRIMARY CONDUIT SECTION BETWEEN NEW PED & VAULT 27 CAP CONDUIT END. 1-P4'' 1-P4'' 1-P4'' RELOCATE (E) IRRIGATION SPRINKLER OH 3-397 kcmil AL (Lower CKT) OH 3-397 kcmil AL (Top CKT) B AC B AC # 100A (E) 3-6" CONDUITS WITH LOW GAP & ORCHARD CIRCUITS A NEW PED E PERKINS ST

S ORCHARD AVE

STELLA DR

PEACH ST

WARREN DR
POMEROY 14M 14M 14M 14M 14M 14M 14M 18M 18M 14M 208Y/120 T1487 150 T1169 208Y/120 750 T1170 208Y/120 225 T1167 208Y/120 300 T1902 208Y/120 225 28 VAULT-28 VAULT-27 V VVAULT 96 T2167 208Y/120 75 #SB # 100A PED 29 PMS-119 S T2125 25 BC PPB
U.S. HIGHWAY 101 V PED 115 10ORCHS01 10STELL01 10ORCHS02 10ORCHS0310ORCHS04 10ORCHS05
10ORCHS06
10ORCHS07
10ORCHS12 10ORCHS11 10ORCHS08 10PEACH03 10ORCHS09
10PEACH04
10STELL02
10STELL03
10STELL04
10STELL05
10STELL06
10STELL07 10STELL08
10WARRN06
10WARRN07 10WARRN08 10WARRN09 10-29 10-30 10-31 10-32 10-36 10-4310-44 AB 2056 CB 50 CB 314 50CP CB 60 37.5 CP 2027 CB 25 303 CB 37.5 620 BA 37.5 CP 2023 CB 25 #30A # 100A S2S1 V1 V2 S.B. STELLA DR NEW PED NEW PED - SOUTH ELEVATION PED BIG LOTS 1"=3' NEW PED FRONT S ORCHARD AVE NEW PED NEW PED - WEST ELEVATION PED BIG LOTS 1"=3' SIDEWALK SIDEWALK CURB RAMP W.O. GRID SCALE DWG. No. SHEET of- 10 2 4 BIG LOTS - NEW PED 225 S. ORCHARD AVE. APPROVED BY: TITLE: AS BUILT - AS SHOWN No. REVISIONS DSG. BY BY CKD APPD DATE DRAWN CHECKED ELECTRIC UTILITY DEPARTMENT DESIGNED DATE 02/5/22 AMS AMS SCALE 1" = 10' NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOESSINGLE LINE CA$LE DIAGRAM NTS ONE LINE DIAGRAM 10ORCHS05 NEW PED 1-4" Pri 1-4" Pri X# (E) 1-4" PRIMARY CONDUIT TO VAULT 96

Page 410 of 707 ends

S ORCHARD AVENUE

E GOBBI STREET
Vault 51
Vault 52
PED 455
V-15
14M

LOWER OH CKT)

UPPER OH CKT)
490
(E) CKT 202 UG
(E) CKT UG TO PED 455
(E) CKT 202 UG
(E) CKT 202 OH TO BE REMOVED
(E) CKT UG TO POLE 14GBBIE23
724 697
MH-26
14ORCHS11
14GBBIE22
14GBBIE21 14GBBIE20
V-1
V-25
INSTALL 2-6"

CONDUITS
INTERCEPT (E) 6"
(CKT 202) CONDUIT &

EXTEND TO NEW PMS

E GOBBI STREET

S ORCHARD AVENUE
(E) 1-6" CONDUIT
INTERCEPT (E) 4" CONDUIT
FROM PED 455 TO VAULT
15 & EXTEND TO NEW PMS TO VAULT 53
NEW
PMS 1-P6''
2-P6''

E GOBBI ST

S ORCHARD AVE

CINDEE DR
14M
150
T1078 208Y/120
75 T1876 208Y/120
75 208Y/120 T1884
T1869 208Y/120
75 480Y/277 T1874
300
PPB
V
V
2 PED 726
V
2A
PED 722
V
1PPB
PPB
V 15
PED 455
1 2
3 PMS
724 S
SB
100A
2B
V
87 V
88 V
V25
89 V
85 V
86 V
14ORCHS11
14GBBIE19
14GBBIE23
Old SUB Pole
90 V PPB PPB
NEW
PMS S
NEW PMS INSTA..ATION DETAI.

GOBBI/ORCHARD SOUTHWEST CORNER 1"=4'

E GOBBI ST

S ORCHARD AVE
A
B
W.O.

GRID
SCALE
DWG. No.

SHEET of
-
14 3 4
APPROVED BY: TITLE:

AS BUILT
- AS SHOWN
No. REVISIONS DSG. BY BY CKD APPD

DATE DRAWN CHECKED

ELECTRIC UTILITY DEPARTMENT

DESIGNED
DATE
02/06/22 AMS AMS
SCALE 1" = 20'
25 1/2"
600A
200A FRONT
70"

81.5"
62 3/4"
27"
(N) 4" CONDUIT
TO PED 455
6"
4"
(N) 6" CONDUIT TO
VAULT 53 FOR 202 CKT
6"
(N) 2-6" CONDUITS
TO VAULT 15 FOR
202 CKT

GOBBI/ORCHARD - NEW PMS

SOUTHWEST CORNER
NOT TO SCALE.

THEN DRAWING IS
NOT MEASURE 1"

IF THIS BAR DOES

ONE LINE DIAGRAM
V-15
NEW
PMS
1-6" Pri (Ckt 202) V-53
SING.E .INE COND7IT DIAGRAM
NTS
1-6" Pri (Ckt 202)
1-6" Pri (Ckt 202)
600A
6"
600A
To PED 455
1-4" Pri

Page 411 of 707 ends

T1409 25 AB (E) 3" PVC 2 - 2 STR AL
S.B. E GOBBI ST BABCOCK LN
Sidewalk
PED 751
PED
700 15-31 UG PRIMARY TO JUNCTION VAULT 82 PG&E-1 A BC (N) 3 - 397 KCM AL 1-P6'' 1-P6'' 1-P6'' 1-P6'' 1-P6'' 1-P6'' 1-P6'' CREEK UG PRIMARY TO PAD TRANS 15-32 UG PRIMARY TO TX 2116, PAD 15-30 CLUB HOUSE DR INSTALL 3 - #397 kcmil AA BETWEEN PG&E-1 AND POLE 15GOBBIE03 INTERCEPT EXISTING PRIMARY CONDUIT AND EXTEND TO PMS 775 Sidewalk Dwy No Sidewalk No Sidewalk No Sidewalk Sidewalk A Sidewalk E GOBBI ST Sidewalk (E) PED 751 Dwy B PG&E-2 15GBBIE03 PMS 775 1-P4'' 1-P4'' 1-P4'' 1-P4'' (E) 3 - 397 KCM AL A BC INTERCEPT EXISTING 1-4" PVC CONDUIT AND EXTEND TO PMS 775 INSTALL 1-4' PVC CONDUIT BTWN 15-31 AND PMS775 AND INSTALL 1-6" PVC CONDUIT BTWN POLE 15GBBIE03 AND PMS775. INSTALL 1-6" PVC CONDUIT BETWEEN PMS775 AND STUB CONDUIT IN STTREET. LOCATION TO BE MARK BY UEUD. BABCOCK LN E GOBBI ST J PED 595 PPB PPB PPB PPB PED 751 T1409 25 AB T1631 480Y/277 500 12470 KV T1421 300 480Y/277 T1787 500 PPB AB T980 75LF AB T2116 25 J V-82 PED 700 PPB PPB 4" EMPTY PVC 6" EMPTY PVC 15GBBIE03 15-34 15-32 15-33 15-31 15-27 15-30 15-26 15-24 PG&E-2 PG&E-1 A BC P (E) 3 - 397 KCM AL CREEK S PMS 775 PG&E-2 CHAIN-LINK FENCE PMS 775 - COND7IT LOCATION DETAIL 1"=4' SIDEWALK FOC GUTTER 97.5" 89.5" 600A 200A FRONT 62 3/4" 6" 4"
(N) 6" CONDUIT TO RISER POLE 15GBBIE03 (N) 4" CONDUIT TO PED 700 200A 4" 4"
(N) 4" CONDUIT TO XFMR 15-31 (N) 4" CONDUIT
TO(E) PPB-1 W.O. GRID SCALE DWG. No. SHEET of- 15 4 4 APPROVED BY: TITLE: AS BUILT - 1" = 20' No. REVISIONS DSG. BY BY CKD APPD DATE DRAWN CHECKED ELECTRIC UTILITY DEPARTMENT DESIGNED DATE 7/13/21 AMS AMS SCALE 1" = 20' NOT TO SCALE. THEN DRAWING IS NOT MEASURE 1" IF THIS BAR DOES SINGLE LINE CABLE DIAGRAM NTS RISER LOCATION POLE 15GBBIE03 NTS ONE LINE DIAGRAM 15GBBIE03 PMS 775 PED 700 1-6" Pri (600A) 1-4" Pri X# 25 1/2" 600A 200A FRONT78" 86" 62 3/4" 6" 4" (N) 6" CONDUIT TO RISER POLE 15GBBIE03 (N) 4" CONDUIT TO PED 700 EAST GOBBI STREET INSTALL PMS 751 202 CIRCUIT EXTENSION 4" 4" (N) 4" CONDUIT TO XFMR 15-31 (N) 4" CONDUIT TO (E) PPB-1 15-31 1-4" Pri 1-6" Pri (600A) (EMPTY) PPB (E) PPB-1 1 RELOCATE PMS TO 775 E GOBBI ST 9/14/22 AMS AMS

Page 412 of 707 ends

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CITYOF UKIAH
Mendocino County, California

AGREEMENT
FOR
COU No. 2324-224
GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT SPECIFICATION NO. 24- 04
THIS AGREEMENT, made this 20th day of June , 2024, byandbetweenthe City of Ukiah, Mendocino County, California, hereinaftercalled the Cityand WipfConstruction LLC, hereinaftercalledthe Contractor, WITNESS ETH:

WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and other contract documents for the work herein described and shown and has approved and adopted these contract documents, specifications and drawings and has caused to be published in the manner and for the time required by law anotice to bidders inviting sealed proposals for doing the work inaccordance with the terms ofthis contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed proposal accompanied by a proposal guaranty in an amount of not less than 1 O percent of the bid price for the construction of the proposed work in accordance with the terms of this contract and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submittedand as a result has determined and declared the Contractor to be the lowest and best regular responsible bidder forthe work and for the sums named in the proposal, NOW, THEREFORE, THIS AGREEMENT WITNESSETH:

Article1. Work to be Done and Contract Days Allowed.

That the Contractor shall provide all necessarymachinery, tools, apparatus and other means of construction; shall furnishall materials, superintendence, overhead, expenses, all labor and expenses of whatever nature necessary for completion of the work in conformitywith the Special Provisions and other contract documents hereto attached and according to such instructions as may be given by the Engineer. The Contractor shall completethe workwithin One Hundred and Eighty (180) calendar days. Contract days shall be counted startingwith the 10th day following receipt of notice that the contract has been executed by the City. Contractor, at his or her option, may begin work prior tostartof counting contract days, however, inno event shall the Contractor startwork without giving notification tothe Engineer at least 72 hours prior to the startofwork, without obtaining an encroachment permit fromthe City, or without having submitted certificatesof insurance that have been accepted and approved by the Engineer.

ArticleII. Contract Prices.

That the City shall pay the Contractor the prices stated inthe proposal submittedby the Contractor, for complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the prices as full GOBBI CKT 202 SWITCHING AND RELIABILITY ENHANCEMENT PROJECT 65 Spec. No. 24-- 04 Attachment 2

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19th July 24
19th July 24
Darcy Vaughn ( Aug 5, 2024 09:20 PDT)
Darcy Vaughn
Kristine Lawler ( Aug 13, 2024 07:30 PDT)
Kristine Lawler

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Attachment 3
Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as Gobbi Circuit 202 Switching and Reliability Enhancement Project, Spec. No. 24-04.

2. That the nature of the work: Upgrade and reconfigure the electrical infrastructure and primary underground power, Specification No. 24-01.

3. That on the 6
th of March 2025, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is Wipf Construction LLC, P.O. Box 234, Ukiah, CA 95482.

5. That the property location of work performed herein referred to is situated in the County of Mendocino, State of California, and is described as follows: 225 S. Orchard Ave., SW Corner of Gobbi St. and Orchard Ave. and the 700 Block of East Gobbi St., Ukiah, California.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383

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Agenda Item No: 8.d.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-1118

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Adoption of Resolution Appointing Karissa Grebil to the Public Spaces Commission.

DEPARTMENT: City Clerk PREPARED BY: Araceli Sandoval, Deputy City Clerk PRESENTER: Araceli Sandoval, Deputy City Clerk
ATTACHMENTS:

1. Karissa Grebil Application and Resume

2. Resolution 2014-48

3. Memo - Nomination - Grebil - Public Spaces

4. Proposed Resolution
Summary: Council will consider adopting a resolution appointing Karissa Grebil to the Public Spaces Commission.

Background: The Public Spaces Commission (PSC) provides advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the city limits; 3) open spaces within and outside of the city limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces. On February 19, 2025, Council adopted an ordinance amending the number of members in the Public Spaces Commission from 7 members to 5 members; provided that a majority, i.e. three, of the five Commission members must reside within the City limits.

Discussion: The Public Spaces Commission (PSC) currently has two vacancies: one for an At Large, City or County Resident, and one for an At Large, City Resident. The City or County Resident position has been noticed since February 2025, due to a resignation, and the City Resident position has been noticed since September 23, 2025, also due to a resignation. The City Clerk's Office has received an application from Karissa Grebil (Attachment 1) that meets the residency requirements, with no other applications having been received.

Per Resolution 2014-48 (Attachment 2), the right to nominate a candidate shall rotate among the Councilmembers. Councilmember Criss, being the next in line to make a nomination to the PSC, has submitted a nomination (Attachment 3) for Karissa Grebil's appointment.

Staff recommends Council adopt the resolution (Attachment 4) appointing Karissa Grebil to the At-large City Resident position on the Public Spaces Commission, term to expire on October 15, 2028.

Recommended Action: Adopt Resolution appointing Karissa Grebil to the Public Spaces Comission.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No

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PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
STRATEGIC PLAN (SP): SP 3C - Instill diversity, equity, and inclusion as essential core elements of policymaking, accountability, and delivery of City services.

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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Attachment 1

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KARISSA GREBIL
Business Development, Graphic Design, Marketing, Communication & Project Management

SUMMARY
Assertive, resourceful and adaptable with over 6 years of experience in business development, graphic design, marketing, project management, event management, vendor and client relations. Passionate about leveraging business development, recruitment, sourcing, branding and marketing to help nurture talent, develop leaders, and improve employee culture.

CONTACT
or
or
Ukiah, CA 95482

EDUCATION
Bachelor in Fine Arts – Walla Walla University, Walla Walla, WA SKILLS
Data & Analytics, Recruitment & Sourcing Strategies, Canva, Event Management, Networking & Relationship Building, Targeted Marketing, Google Analytics, Branding Strategy, Microsoft Office, Adobe InDesign, Project Management, Social Media & Digital Marketing

EXPERIENCE
Eternal Homecare Solutions & Eternal Medical Resources
March 2023 – Current | Business Development & Marketing Manager • Develop and refine business development growth strategies (5 Locations) • Engage actively with potential and existing referral sources • Lead and coordinate business development goals
• Train and support in client and caregiver outreach, engagement, and partnership development
• Create effective campaigns, collateral, lead initiatives, and manage/report analytics • Manage projects focused on business expansion
• Monitor/report and implement market trends
Adventist Health
July 2019 – December 2022 | Marketing & Communication Manager • Develop & Execute Marketing Plans for Service Lines
• Monitor & Measure Analytics and Program Success
• Support New & Existing Medical Offices

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• Medical Office Community Outreach & Relationships
• Social Media Strategy & Execution
• Internal & External Communication & Marketing Strategy Talent Acquisition Project Analyst & Program Coordinator • Traditional & Specialized Sourcing Techniques
• Applicant Tracking Systems (Taleo & Salesforce)
• Beginning to End Onboarding & Engagement
• Hiring Event Management & Advertising
• Manage Career Websites & Job Descriptions
• External Vendor Relations
• Budget Utilization & Allocation
• Report Creation & Analysis of System-Wide Metrics
• Special Projects Management
Creative Fusion
September 2016 – June 2019 | Assistant Production Manager / Assistant Creative Director • Vendor Relations, Quoting
• Price Negotiation
• Design Project Management
• Fulfillment
• Special Events
• Project Management
• Video & Photo Pre-Production

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Attachment 2

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MEMORANDUM
Date:

To:

From:

Subject:

September 29, 2025
Araceli Sandoval, Deputy City Clerk
Heather Criss, Councilmember
Nomination for Karissa Grebil
I nominate Karissa Grebil for the Public Spaces Commission as an At-large City Representative, to be considered at the October 15, 2025, Regular City Council meeting.

Signature ______________________________ Heather Criss (Sep 29, 2025 16:39:40 PDT) Attachment 3

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Attachment 4

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RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPOINTING KARISSA GREBIL

TO THE PUBLIC SPACES COMMISSION
WHEREAS, the Public Spaces Commission (PSC) provides advice and recommendations to Council regarding 1) City-owned properties that are open to the public, free of charge, such as parks, paths, and public right-of-ways; 2) creeks within the city limits; 3) open spaces within and outside of the city limits that are undeveloped and conserved or in consideration of future conservation; 4) and the recreational uses of these spaces; and
WHEREAS, the PSC currently has two vacancies: one for an At Large, City or County Resident, and one for an At Large, City Resident; and
WHEREAS, the City Clerk’s office received an application from Karissa Grebil that meets the residency requirements, with no other applications having been received; and WHEREAS, Councilmember Criss, being the next in line to make a nomination to the PSC, has nominated Ms. Grebil for appointment.

NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approve the nomination, submitted per procedures outlined in Resolution 2014-48, and does hereby appoint the following person and term:

BOARD/

COMMISSION

NAME POSITION NOMINATED BY

COUNCILMEMBER
TERM

EXPIRATION
Public Spaces
Commission
Karissa
Grebil
At-large City Resident Councilmember
Criss
October 15,
2028
PASSED AND ADOPTED this 15th day of October, 2025, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Douglas F. Crane, Mayor
ATTEST:

Araceli Sandoval, Deputy City Clerk

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Agenda Item No: 8.e.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-1147

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of a Contract Amendment with RingCentral for the City’s Phone System, Totaling $101,329.25 Over the Remaining 55 Months of the Agreement, and Approve Corresponding Budget Amendment.

DEPARTMENT: Information Services PREPARED BY: James Brown, IT Network Specialist, Scott Shaver, I.T. Manager
PRESENTER: James Brown, IT Network Specialist
ATTACHMENTS:

1. RingCentral Change Order Form
Summary: Council will consider approving a contract amendment with RingCentral for the City's phone system, totaling $101,329.25 over the remaining 55 months of the agreement, and approve a corresponding budget amendment.

Background: In 2025, the City of Ukiah began implementation of a new cloud-based RingCentral phone system to modernize communications, improve reliability, and support remote and mobile Staff. The initial contract was based on estimates provided during the planning phase; however, as implementation progressed, it became clear that the system had been under-provisioned by 123 DigitalLine Unlimited Advanced licenses.

The shortage appears to stem from an initial misunderstanding of the appropriate license types needed for City operations, specifically between "Additional Local Number," "DigitalLine Basic," and "DigitalLine Unlimited Advanced" user licenses. Once deployment began and user roles were mapped to extensions and call flows, the true number of required DigitalLine Unlimited Advanced licenses became evident.

Discussion: This contract amendment addresses the identified shortfall in DigitalLine Unlimited Advanced licenses discovered during system configuration, ensuring that all required users, extensions, and departmental call flows are properly provisioned. The amendment adds $16,581.15 for the remaining nine months of the current fiscal year and a total of $101,329.25 over the remaining 55 months of the contract term.

The amendment provides sufficient capacity for full citywide implementation and establishes an accurate baseline for ongoing phone license management. It also allows scalability to accommodate future staffing or departmental changes — supporting up to twenty additional users — without requiring further contract amendments. Once implemented, all departments, including Police, Fire, Public Works, Electric, Water, Sewer, and Administration, will have reliable access to the new phone system, supporting consistent communication and operational efficiency. Please refer to Attachment 1 for cost details.

Fiscal Year Months
Covered
Current Cost Additonal Cost Total Cost

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FY 2025-26
(remainder of
current year)
9 $26,848.44 $16,581.15 $43,429.59
FY 2026-27 12 $26,848.44 $22,108.20 $48,956.64
FY 2027-28 12 $26,848.44 $22,108.20 $48,956.64
FY 2028-29 12 $26,848.44 $22,108.20 $48,956.64
FY 2029-30
(final term year)
10 $26,848.44 $18,423.50 $45,271.94
Total 55 months $134,242.20 $101,329.25 $235,571.45
The transition to the RingCentral phone system will also result in ongoing cost savings. In the prior fiscal year, the City paid $59,471.51 for legacy phone services, which will be discontinued once RingCentral is fully implemented. The new system’s annual cost of $48,956.64 represents an estimated annual savings of $10,514.87, while also providing expanded functionality, improved reliability, and centralized management across all City departments.

In Fiscal Year 2025, appropriations in the amount of $100,000 were adopted for the City’s telephone system replacement project; however, only $19,640 was expended at that fiscal year-end. Because ongoing costs for Fiscal Year 2025-26 were not included in the Information Technology budget, a budget amendment in the amount of $46,734 is now required to fund the first-year cost of the RingCentral contract, including this amendment, as well as a $3,304 purchase of a conference phone.

This contract amendment will provide the necessary licensing and service capacity needed for full citywide implementation, with future annual costs to be included in subsequent fiscal year budget cycles to ensure continued service and system support.

It is therefore Staff's recommendation to approve a contract amendment with RingCentral for the City's phone system in the amount of $101,329.25, and approve the corresponding budget amendment in the amount of $46,734 for fiscal year 2025/2026. Funding will come from reserves in the IT fund.

Recommended Action: Approve a contract amendment with RingCentral for the City’s new phone system in the amount of $101,329.25, and approve a corresponding budget amendment.

BUDGET AMENDMENT REQUIRED: Yes
CURRENT BUDGET AMOUNT: 20913900.80100.18444: $0
PROPOSED BUDGET AMOUNT: 20913900.80100.18444: $46,734
FINANCING SOURCE: IT Fund Reserves
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: Contract No. 2425-221 COORDINATED WITH: Dan Buffalo, Finance Director; Mary Horger, Assistant Finance Director; Myles Fisette, Purchasing Manager; James Brown, Network Specialist STRATEGIC PLAN (SP):

CLIMATE INITIATIVES (CI):

GENERAL PLAN ELEMENTS (GP):

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Change Order Form Page 1 of 4
.

CHANGE ORDER FORM
This Change Order Form (“Change Order”), amends the previous Order Forms placed under the agreement between RingCentral, Inc. (“RingCentral”) and City of Ukiah (“Customer” or “You”) (together the “Parties”), for the purchase of the Services, licenses, and products listed herein. This Change Order is subject to and incorporates the terms and conditions of: (i) the separate written agreement, executed by the Parties governing the purchase of the Services described in this Change Order, or (ii) the RingCentral Online Terms of Service available at https://www.ringcentral.com/legal/eulatos.html, if there is no written agreement in place (hereinafter (i) and (ii) referred to as the “Agreement”). The Parties agree to amend the quantities, Services, products, pricing and terms specifically set forth below. All other terms and conditions not expressly contained herein shall remain unchanged and in full effect. Capitalized terms not defined herein shall have the same meanings as set forth in the applicable Agreement between the Parties. Unless agreed by both Parties in writing, any terms or conditions set forth in a Customer-issued purchase order or ordering document shall not apply.

Please note that RingCentral MVP is now RingEX. All references to “RingCentral MVP”, whether in terms of service, advertising or product descriptions, mean “RingEX”.

Customer Service Provider
City of Ukiah RingCentral, Inc.
300 Seminary Ave.

Ukiah, CA 95482
United States
20 Davis Drive
Belmont, CA 94002
United States
City of Ukiah
17074636200
[email protected]
Customer UID: 2491008014
Any new Services ordered under this Change Order will begin on the Start Date set forth below and will run coterminously with the Initial Term and Renewal Term previously agreed between the Parties, unless modified. Billing for incremental services will commence on the Start Date and will be invoiced on the same billing cycles as any preexisting Services. Other fee adjustments may not be effective until your next monthly service cycle.

Service Commitment Period
Start Date for Items Added in this Change Order: Effective as of the last date of signature below.

Initial Term: 60 Months Starting on May 09, 2025
Renewal Term: 60 Months
Payment Schedule: Previous: Monthly, New: Monthly
Attachment 1

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Change Order Form Page 2 of 4
RingEX Services
Recurring Services
Summary of Service Existing
Qty
Additional
Qty (+/-)
Total Qty Rate Change in
Service Subtotal
DigitalLine Unlimited Advanced 97 123 220 $15.45 $1,842.35 $3,399.00 DigitalLine Unlimited Advanced $10.95
Compliance and Administrative
Cost Recovery Fee $3.50
e911 Service Fee $1.00
DigitalLine Basic 19 0 19 $11.49 $0.00 $218.31
DigitalLine Basic $6.99
Compliance and Administrative
Cost Recovery Fee $3.50
e911 Service Fee $1.00
Additional Local Number 209 0 209 $0.49 $0.00 $102.41
Monthly Recurring Services* $3,719.72
RingCX Services
Recurring Services
Summary of Service Existing
Qty
Additional
Qty (+/-)
Total Qty Rate Change in
Service Subtotal
RingCX, named agent seat 8 0 8 $60.00 $0.00 $480.00
Call recording storage - 30 days, per
seat 8 0 8 $0.00 $0.00 $0.00
Monthly Recurring Services* $480.00
Total Initial Amount $1,842.35
*Amounts are exclusive of applicable Taxes, Fees, and Shipping Charges.

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Change Order Form Page 3 of 4
Overage Rates*
RingCX Services Rate
RingCX, named agent seat on demand $95.00
Inbound calls to North America toll-free numbers, per 10 min $0.14 Outbound calls via automated dialer to North America numbers, per 10 min $0.16 IVR calls processing, overage per 10 minutes $0.20
Call recording storage - 30 days, overage per seat $0.00 Disconnect Scrub, per 10 scrubs $0.08
Automated speech recognition, per 10 minutes $0.30
RingCX Analytics - Historical Data Retention 2Y $30.00
RingCX Analytics - Historical Data Retention 3Y $45.00
RingCX Analytics - Historical Data Retention 4Y $60.00
RingCX Analytics - Historical Data Retention 5Y $75.00
RingCX Analytics - Historical Data Retention 6Y $90.00
RingCX Analytics - Historical Data Retention 7Y $105.00 RingCX Analytics - Historical Data Retention 8Y $120.00 RingCX Screen Recording Active Storage per 1 GB $0.50
NOTE: Customer acknowledges and agrees that if third-party products such as WhatsApp are used, additional fees may be incurred and invoiced by RingCentral on your next billing cycle after such usage occurred.

Cost Center Billing
For customers with cost center billing, it is the customer’s responsibility to provide cost center allocation information to RingCentral at least 10 days prior to the issuance of the invoice. After the information is received, itwill be reflected on future invoices, but will not be adjusted retroactively on past invoices. If purchasing additional services through the administrative portal, it is the customer’s responsibility to assign cost centers at the time of purchase; otherwise, those services will not be allocated by cost center on the next invoice. Please note that cost center allocation is not available for certain items, such as minute bundles and credit memos. For additional questions, please contact the RingCentral invoice billing team at [email protected]. .

Add-on Services. Customer is responsible for reviewing additional terms and conditions that may apply to RingCentral add-on services (where available) and certain Advanced Support Services listed on this order form, and which are available at https://www.ringcentral.com/legal/add-on-services.html.

IN WITNESS WHEREOF, the Parties have executed this Change Order Form above through their duly authorized representatives.

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Change Order Form Page 4 of 4
Customer RingCentral
City of Ukiah RingCentral, Inc.

By: \RCsign1\ By:
<# <Image Select="//Internal_Signature"
Optional="true" Width=”2” Height=”1”/> #>
Name: \RCname1\ Name: Michael Fiocca
Title: \RCtitle1\ Title: Regional Vice President, Public Sector Date: \RCdate1\ Date: \RCdate1\
.

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Agenda Item No: 8.f.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-1170

AGENDA SUMMARY REPORT
SUBJECT: Adoption of an Ordinance of the City of Ukiah Adopting the 2025 Edition of the California Fire Code, Part 9, with Amendments, as Well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property From Fire and Explosion, and Providing for the Issuance of Permits, and Repealing All Other Ordinances and Parts of Ordinances of the City of Ukiah Fire Prevention Code in Conflict Herewith.

DEPARTMENT: Community
Development PREPARED BY: Matt Keizer, Chief Building Official / Fire Code Official UVFD PRESENTER: Matt Keizer, Chief Building Official, City of Ukiah / Fire Code Official, Ukiah Valley Fire Authority
ATTACHMENTS:

1. 2025 Fire Code Adoption Ordinance Red Line - updated 9/17/25

2. 2025 Fire Code Adoption Ordinance Clean

3. CC Reso 2025-50 - Establishing Findings of Fact for Local Conditions Summary: The City of Ukiah City Council will consider adoption of an ordinance adopting the amended 2025 California Fire Code and the 2025 Wildland-Urban Interface (WUI) Code.

Background: The California Fire Code is part of the California Building Standards Code, and a new edition is published every three years by order of the California State Legislature. These new building and fire standards take effect January 1, 2026, unless otherwise stipulated.

A city or district may establish more restrictive standards when reasonably necessary due to local climatic, geological, or topographical conditions. These findings of local conditions and adopted local standards must be filed with the California Building Standards Commission to become effective. Previous additions and amendments do not apply without appropriate adoption. In an ongoing effort to provide more consistency in the application of the Fire Codes within the greater Ukiah Valley, the Staff of the Building Division and Ukiah Valley Fire Authority evaluated changes to the 2025 Fire Code for possible additions and amendments to address local issues. There were no significant additional amendments or requested changes to the 2025 Fire Code for this code cycle.

On September 17, 2025, City Council unanimously introduced the Ordinance to adopt the 2025 California Fire Code and 2025 Wildland-Urban Interface Code. Note: an edited version of the Ordinance is contained in Attachment 1, and a clean version of the Ordinance is contained in Attachment 2. Council also adopted a resolution (Attachment 3) establishing the findings of fact, including additions or amendments, to address local conditions.

Discussion: Staff requests Council adopt an Ordinance (Attachment 2) adopting the 2025 California Fire Code and the 2025 Wildland-Urban Interface Code.

Recommended Action: Adopt an Ordinance adopting the 2025 Edition of the California Fire Code, Part 9, with amendments, as well as the 2025 Edition of the California Wildland-Urban Interface Code, Part 7, Regulating and Governing the Safeguarding of Life and Property from Fire and Explosion, and providing for

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the issuance of permits, and repealing all other ordinances and parts of ordinances of the City of Ukiah Fire Prevention Code in conflict herewith.

BUDGET AMENDMENT REQUIRED: N/A
CURRENT BUDGET AMOUNT: N/A
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
REVENUE: No GRANT: No
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Doug Hutchison, Chief, Ukiah Valley Fire Authority STRATEGIC PLAN (SP): SP 1B - Provide services that support a high quality of life for all residents, including fostering diverse, inclusive, sustainable, and accessible neighborhoods.

CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): GP-A6 - Safety Element; Policy 5-7- Fire Code Compliance.

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Updated 9/17/25 to show edits

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ORDINANCE NO. 2025-X
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 6, CHAPTER 3, ARTICLES 1 AND 3 OF THE UKIAH CITY CODE, ENTITLED: FIRE PREVENTION CODE.

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

SECTION ONE.

Article 1 of Chapter 3 in Division 6 of the Ukiah City Code is hereby amended to read as follows (unchanged text is omitted and is shown by “* * *”):
§5200 ADOPTION OF CALIFORNIA FIRE CODE AND THE WUI CODE.

A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Ukiah, being marked and designated as the California Fire Code, 2025 Edition, including Appendix Chapter 4 and Appendices B, BB, C, CC, D, E, F, G, H, I, K, N and O as published by the International Code Council, as well as the 2025 edition of the California Wildland-Urban Interface Code (WUI), including Appendix A, B, and F as published by the International Code Council is hereby adopted as the Fire Code of the City of Ukiah, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any, prescribed in Division 6, Chapter 3, Articles 2 and 3 of this code. §5200.5 INSERTIONS INTO CERTAIN SECTIONS OF THE CALIFORNIA FIRE CODE 2025 EDITION AND THE CLAIFORNIA WILDLAND-URBAN INTERFACE CODE 2025 That the following sections of the 2025 edition of the California Wildland-Urban Interface Code are hereby amended and changed in the following respects:

Section 101.1 Title of Chapter 1 is amended to read as follows:
101.1 Title. These regulations shall be known as the California Wildland-Urban Interface Code of the City of Ukiah, hereinafter referred to as “this code.” Section 103.1 Creation of agency. The City of Ukiah is hereby created, and the official in charge there of shall be known as the Fire Code Official. The function of this agency shall be the implementation, administration, and enforcement of the provisions of this code.

The following sections of the California Fire Code, 2025 Edition, are hereby amended by inserting information specific to the City of Ukiah so that these sections read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Ukiah, hereinafter referred to as "this code."
Section 105.1, General, of Chapter 1 is amended to read as follows:
105.1 General. Permits shall be in accordance with Sections 105.1.1 through 105.6.25 or other Attachment 2

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provisions of this code as required by the City of Ukiah.

Section 112, Board of Appeals Established, of Chapter 1 is amended to read as follows:
112.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be the Board of Directors of the Ukiah Valley Fire District or a subcommittee as appointed by the Board of Directors of the Ukiah Valley Fire District. The fire code official shall be an ex-officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the Appellant with a duplicate copy to the fire code official.

Section 112.3, Qualifications, of Chapter 1 is deleted.

Section 112.5, Appeals Process, of Chapter 1 is added to read as follows:
112.5 Appeals Process. The appeals process for appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code shall be defined by sections 112.5.1 through 112.5.5.

Section 112.5.1, Initiating Appeal, of Chapter 1 is added to read as follows:

Section 112.5.1 Initiating Appeal. Any beneficially interested party has the right to appeal the order served by the fire code official by filing a written “NOTICE OF APPEAL” with the office of the fire code official within ten days after service of such order and upon payment of the sum of $150. In the event the order of the fire code official is overturned following the appeal, the fee shall be returned. The notice shall state the order appealed from, the identity and mailing address of the Appellant, and the specific grounds upon which the appeal is made.

Section 112.5.2, Stay of Order, of Chapter 1 is added to read as follows:

Section 112.5.2 Stay of Order. The timely filing of a properly completed notice of appeal shall have the effect of staying the implementation of the order appealed from until the final decision of the appeal.

Failure to file a timely notice of appeal waives any right to further challenge the order of the fire code official. “File” means delivered to the office of the fire code official at 300 Seminary Ln, Ukiah, California 95482.

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

Section 112.5.3, Hearing of Appeal, of Chapter 1 is added to read as follows:

Section 112.5.3 Hearing of Appeal. Following is the process for establishing and hearing appeals:

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

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the following:

1. The fire code official shall submit evidence at the hearing substantiating his/her decision. Such evidence may include testimony, fire district, police or other reports of the incident, witness statements, and other documents. Not less than 10 days prior to the scheduled hearing, the fire code official must notify the Appellant of the name, address, and phone number of any witness to the violation and furnish the Appellant with a copy of any document the fire code official intends to submit at the hearing. Not less than seven (7) days prior to the hearing, the Appellant may request the fire code official to produce at the hearing any witness he/she intends to rely upon to substantiate the violation. The written request must name the witness or witnesses who are requested to attend the hearing. The fire code official may not rely on the testimony of any witness (including such testimony contained in reports or written witness statements) whose appearance at the hearing is required by this subsection if that witness fails to appear.

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

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

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

Section 112.5.4, Hearing Decision, of Chapter 1 is added to read as follows:

Section 112.5.4 Hearing Decision. The chairperson of the Board of Appeals shall issue the written decision required by subsection 4 of Section 112.4 Hearing of appeal.

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

Section 112.5.5, Finality of the Decision of the Board of Appeals, of Chapter 1 is added to read as follows:

Section 112.5.5 Finality of the Decision of the Board of Appeals. The decision of the Board of Appeals shall be the final decision for the District. The Board of Appeals shall have the power to continue any hearing and may, at its discretion, take the appeal under submission. The Board of Appeals shall render a decision not later than the seventh (7th) day following the date the matter was

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taken under submission, and forthwith notify the interested parties as previously set forth.

Section 112.5.6, Appeal to Superior Court, of Chapter 1 is added to read as follows:

Section 112.5.6 Appeal to Superior Court. Judicial review of the decision of the Board of Appeals shall be governed by the Code of Civil Procedure Sections 1094.5 and 1094.6.

Section 112.5.7, Enforcement of Decision, of Chapter 1 is added to read as follows:

Section 112.5.7 Enforcement of Decision. Unless stayed by a court, any final decision of the Board of Appeals is effective immediately and may be implemented and enforced by the District. The remedies provided by this code are cumulative and in addition to any other remedies available at law or in equity.

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

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

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

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

Section 113.4, Violation Penalties, of Chapter 1 is amended to read as follows:

Section 113.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor/infraction. The first citation within a 12-month period, for violations of the Fire Code and any amendments adopted herein shall be treated as a Civil Penalty payable directly to the Ukiah Valley Fire District and is set at $250.00 plus the actual costs of all inspections required to gain compliance at the current rate set from time to time by the Ukiah Valley Fire District, per hour with a 1-hour minimum. Said civil penalties shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing the citation unless an appeal is filed as provided in this section.

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

Any subsequent citations within a twenty-four (24) month period for any violations of the Fire Code and any amendments adopted herein shall be misdemeanors/infractions and shall be subject to the penalties set forth herein, or a civil penalty shall be assessed in the sum of $500.00 plus the actual costs of all inspections required to gain compliance at the current rate set from time to time by the Ukiah Valley Fire District. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application

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of both penalties shall be held to prevent the enforced correction of the prohibited condition. Nothing contained in this Section shall be construed or interpreted to prevent the Ukiah Valley Fire District from recovering all costs associated with a Fire District response as described in the Ukiah Valley Fire District’s current cost recovery ordinance, Ordinance 2004-1, or subsequent cost recovery ordinances.

Any violation of any provision of this Chapter shall constitute a public nuisance and shall entitle the Ukiah Valley Fire District to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Ukiah Valley Fire District of the intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief’s decision to the Board of Directors of the Ukiah Valley Fire District within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. In addition to the foregoing, the Ukiah Valley Fire District is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney’s fees.

Any person receiving a citation for a civil penalty pursuant to Section 113.4, Violation Penalties, of Chapter 1, may file an appeal per Section 112.5 through 112.7 of this code against the imposition of the civil penalty or response costs and expense.

Section 114.4, Failure to Comply, of Chapter 1 is amended to read as follows:

Section 114.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine payable directly to the Ukiah Valley Fire District in the amount set at not less than $250.00 or more than $1000.00 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Ukiah Valley Fire District, civil penalty shall be a debt owed to the District by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided for in Section 112.5.

Section 503 Fire Apparatus Access Roads in its entirety.

Section 503.3 MARKING, of Chapter 5 is hereby added to read as follows:

Section 503.3 MARKING. Where the fire code official determines that it is necessary to ensure adequate fire access, the fire code official may designate existing roadways as fire access roadways as provided by Vehicle Code section 22500.1 (public) or 22658(a) (private).

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

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

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

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

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

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

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

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

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

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

Section 506.1 Key box where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life saving or firefighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL1037, and shall contain keys to gain necessary access as required by the fire code official.

Section 506.1.1 Locks. An approved lock shall be installed on gates or similar barriers where required by the fire code official.

Section 506.2 Key Box Maintenance. The operator of the building shall immediately notify the fire code official and provide a new key where a lock is changed or rekeyed. The key to such lock shall be secured in the key box.

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

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

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structure be provided. This means of remotely disconnecting electrical service shall be by a secured key switch mechanism approved by the Fire District.

Section 1201.4 Alternate Power Sources, of Chapter 12 is hereby added to read as follows:

Section 1201.4 Alternate Power Sources. All permanent installations of electrical generators, wind generators, or other power sources shall be approved by the building code official. All applicable provisions of the California Electrical Code, the California Plumbing Code, the California Building Code, the California Residential Code, and this Code shall be followed for any such installation.

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

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

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

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

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

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

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

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

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

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

For purposes of this Section, “substantial remodel” shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects an area of work that exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists

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and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls, or similar components, the area of work for all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes.

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

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

Section 3307.5, Where required, of Chapter 33 is hereby amended to read as follows:

Section 3307.5 Where required. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipes shall be installed during construction for each story above or below the first floor grade. Such standpipes shall be provided with Fire District hose connections at locations adjacent to stairways complying with Section 3307.1.2. Such standpipes shall be extended to the floor of the highest point of construction having secured decking or flooring.

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

AUTOMATIC

SPRINKLER SYSTEM
(Design Standard)

MINIMUM

FIRE FLOW
(gallons
per minute)

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

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

Exception: A reduction in required fire flow of up to 50 percent is allowed when the building is provided with an approved sprinkler system.
§5201 DEFINITIONS

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In the California Fire Code, herein adopted, the terms used therein shall comply with the common construction given to and usage of them in the City and as hereinafter defined. §5202 ENFORCEMENT
A. The California Fire Code (CFC) herein adopted shall be enforced by the Chief of the Ukiah Valley Fire District who is hereby appointed to supervise the Bureau of Fire Prevention and such regularly employed members of said District in accordance with the applicable provisions of the California Fire Code.

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

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

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

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

Any person who fails to comply with the requirements to return said forms duly completed and to correct the deficiencies noted in said occupancies within thirty (30) days of the issuance of said forms shall be guilty of an infraction, punishable by a fine of $100 for a first offense, $500 for a second offense and $1,000 for a third or subsequent offense.
§5223 GEOGRAPHIC LIMITS
The geographic limits referred to in certain section of the California Fire Code are hereby established as follows: 2025 edition of the California Fire Code are hereby established as follows:

Section 5704.2.9.6.1 The geographic limits referred to in Section 5704.2.9.6.1 of the 2025 edition of the California Fire Code in which storage of Class I, Class II, and liquids in outside above-ground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of U County of Mendocino, and agricultural land of less than two (2) acres.

Section 5706.2.4.4 The geographic limits referred to in Section 5706.2.4.4 of the 2025 edition of the California Fire Code in which storage of Class I, Class II, and liquids in aboveground tanks is prohibited are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the County of Mendocino, and agricultural land of less than two (2) acres.

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Section 5806.2 The geographic limits referred to in the 2025 edition of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers are prohibited, are hereby established as follows: In all residential areas and heavily populated or congested commercial areas, as established by the County of Mendocino.

Section 6104.2 The geographic limits referred to in Section 6104.2 of the 2025 edition of the California Fire Code in which storage of liquefied petroleum gas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7,570 liters), is restricted, are amended as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Ukiah.

SECTION TWO.

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

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

Introduced by title only on September 17, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Douglas F. Crane, Mayor
ATTEST:

Kristine Lawler, City Clerk
Councilmembers Rodin, Criss, Orozco, Sher, and Mayor Crane.

None.

None.

None.

AYES:

NOES:

ABSENT:

ABSTAIN:

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Attachment 3

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Agenda Item No: 8.g.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-1178

AGENDA SUMMARY REPORT
SUBJECT: Consideration of Approval of a Contract with the California Conservation Corps to Provide Assistance with Landscaping on Phase 4 of the Great Redwood Trail in Accord with Cal Fire's Climate Resilient Forest Grant.

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

1. CCC CRF Contract

2. CCC Addendum
Summary: Council will consider approving a grant funded contract with the California Conservation Corps to provide assistance in meeting the goals of the City's Climate Resilient Forests grant.

Background: In July of 2025, the City of Ukiah was given the notice to proceed on the $1.3 million Climate Resilient Forests grant from Cal Fire. The project aims to increase carbon sequestration and decrease the urban heat island effect primarily by planting trees and removing unnecessary pavement. The grant provides funding to pay for the assistance of the California Conservation Corps (CCC) in completing the project.

Discussion: Staff have communicated with the CCC who have forwarded a standard contract (Attachment 1 and 2) in the amount of $64,960 to provide assistance with planting trees, shrubs, and grasses with the installation of irrigation along phase 4 of the Great Redwood Trail (GRT). Following the planting of trees along the GRT and under the direction of the soon-to-be hired Climate Resilient Forests Urban Forest Manager, the CCC will assist with the planting of street trees and the removal of unnecessary asphalt. Areas where asphalt is removed will be re-landscaped into permeable swale-like areas. Funding will come from the Cal Fire Climate Resilient Forests grant. The contract is dated to run from October 2025 through June 30th 2027. Work along the GRT is expected to begin in November 2025.

Staff request Council approve a grant funded contract with the California Conservation Corps to provide assistance in meeting the goals of the City's Climate Resilient Forests grant.

Recommended Action: Approve a contract with the California Conservation Corps to provide assistance with landscaping on phase 4 of the Great Redwood Trail in accord with Cal FIre's Climate Resilient Forest grant.

BUDGET AMENDMENT REQUIRED: No
CURRENT BUDGET AMOUNT: 30023800 52100 18510: $143,000
PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: Urban Forest Expansion and Improvement Grant REVENUE: No GRANT: Yes
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: Mary Horger, Assistant Finance Director STRATEGIC PLAN (SP): SP 1A - Build neighborhoods that provide access for all to a compatible balance of housing, employment, commercial, medical, education, and recreational resources.

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CLIMATE INITIATIVES (CI): 4a – Implement nature-based climate solutions; 4d – Enhance carbon sequestration capacity.

GENERAL PLAN ELEMENTS (GP): GP-A1 - Land Use Element; GP-A5 - Environment and Sustainability Element.

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State of California
California Natural Resources Agency

CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
FORM CCC 58
R-25-1715-16277
City of Ukiah Tree Planting
Page of 1 4
Project Number: R-25-1715-16277
Project Data
Project Title: City of Ukiah Tree Planting
Center Information: 1715 - Ukiah-Mendocino Center
Contract Information: -
Project Description:

The Mendocino Center will assist the City of Ukiah with tree, shrub and grass plantings. Tasks will include: preparations, staking, mulching, caging, burlap shading, irrigation and tagging.

Sponsor Information
Agency Name: CITY OF UKIAH Agency Code: 40114
Mailing Address Mailing City Mailing State Mailing Zip Code 411 W Clay Street Ukiah CA 95482
Sponsor Contact Information:

Contact Type Title First
Name
Last
Name
Phone
Number Email Address
Sponsor Representative;Technical
Advisor
Community Services
Director Neil Davis 707-467-5764 [email protected] Estimate Information
Estimated Number of Hours: 2240.0 Estimated Start and End Dates: 10/15/2025 - 6/30/2027 Work Site Information:

Address City State Zip Code Geolocation Latitude Geolocation Longitude CES 4.0 % Ukiah CA 95482
Directions to Site Location Special Instructions
101 south to Ukiah. Various locations along the Rail Trail Attachment 1

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State of California
California Natural Resources Agency

CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
FORM CCC 58
R-25-1715-16277
City of Ukiah Tree Planting
Page of 2 4
Fiscal Summary
Total OE&E Total CM Labor Amount Total Fiscal Summary Amount $0.00 $64,960.00 $64,960.00
Equipment, Materials and Labor
Sponsor Supplied Materials, Equipment and Labor:

Materials: All materials for the project
Equipment: Specialty tools as needed.

Labor: Technical oversight for project and irrigation
BY SIGNING THIS DOCUMENT:

The CCC Representative agrees to the following:

A Sponsor Agreement (CCC 96 or, where applicable, an Inter Agency Agreement or other Master Agreement) is on file at Headquarters (HQ).

If the Sponsor is a non-profit entity, a Private Property/Sponsor Authorization form has been submitted to HQ.

If the Sponsor is a for-profit entity, a Private Property/Sponsor Authorization form has been submitted to HQ.

The project conforms to the CCC's Injury and Illness Prevention Program (IIPP).

The signing CCC Representative has the authority to enter into a contractual agreement of this amount with the Sponsor.

The Sponsor Representative agrees to the following:

Hazardous Materials
If there are hazardous materials present, the Sponsor has provided the location, identity, and amounts of any hazardous substances at the worksite and provided all Material Safety Data Sheets (MSDS) for hazards that are present at the worksite.

OR
To the best knowledge of the Sponsor, the worksite is free of any known hazardous materials.

All applicable local, state, tribal, and federal permits, approvals, and clearances have been obtained.

Project Funding
Attachment 1

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State of California
California Natural Resources Agency

CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
FORM CCC 58
R-25-1715-16277
City of Ukiah Tree Planting

Page 3 of 4 ends

For projects funded by the Sponsor or entity other than the CCC, the Sponsor agrees to reimburse the CCC for estimated costs in accordance with the fiscal details shown in this document.

OR
For projects funded internally by CCC’s Environmental Programs or other special fund, the Sponsor agrees to comply with all applicable program and eligibility criteria to fund the project.

The signing Sponsor Representative has the authority to enter into a contractual agreement of this type (and, if any, this amount) with the CCC.

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State of California
California Natural Resources Agency

CALIFORNIA CONSERVATION CORPS PROJECT EVALUATION
FORM CCC 58
R-25-1715-16277
City of Ukiah Tree Planting

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Sponsor Representative:

Print Name: _______________________________________
Title: _______________________________________
Signature: _______________________________________
Date: _______________________________________
CCC Representative:

Print Name: _______________________________________
Title: _______________________________________
Signature: _______________________________________
Date: _______________________________________
CCC Representative:

Print Name: _______________________________________
Title: _______________________________________
Signature: _______________________________________
Date: _______________________________________

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STATE OF CALIFORNIA
AGREEMENT ADDENDUM: CCC-96A (Rev. 7/9/2024) page 1 of 3 A] The California Conservation Corps (CCC), agrees to provide crew labor for the project titled:
x Check here if multi-year
Totals
$ 64,960.00
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 64,960.00
X Monthly Quarterly
Date:
_____
City of Ukiah Tree Planting
Check Here if Billing and Mailing Address are the same
(C3 Assigns)
[email protected]
C] Sponsor agrees to reimburse the
CCC for estimated costs in accordance
with the Fiscal Summary. (Fiscal Year
displays are shown on page 2 and page 3.)
NOTE TO SPONSOR: Budget detail will
not be provided on performance based
contracts.

Materials:

Sacramento, CA 95816
Conservation Supervisor
Date:

CCC Agreement # Index# CCC Project Number
B] The term of this agreement shall be:

Unspecified:

See CCC-58: Project Evaluation Form for details.

R-25-1715-16277
Agreement Start Date: October 15, 2025
Staff Regular Time :

Consulting:

Print:

STATE OF CALIFORNIA
California Conservation Corps
FORWARD PAYMENTS TO:

CCC CENTER VERIFICATION
Title:

Cathy Barr
1719 24th Street
Signature:

SPONSOR BILLING ADDRESS:

Print:

City of Ukiah
411 W Clay Street
Ukiah, CA 95482

SPONSOR MAILING ADDRESS
Community Services Director
Sponsor
Organization:

June 30, 2027
D] The total amount payable by Sponsor to CCC under this agreement shall not exceed:
2240.00
Signature:

Rate/Hr
Agreement Expiration Date:

E] The CCC shall forward billing for labor and/or operating expenses with supporting documentation to the sponsor:

CM Overtime:

California Conservation Corps

SPONSOR EMAIL ADDRESS
Print:

Title:

Neil Davis
Deputy Director, Administration

EXPENSES
Attention: Accounting/Receivables
Tabatha Chavez
Title:

City Of Ukiah
Date:

At end of contract
Equipment (greater than $5,000):

Signature:
(CCC Contract Officer Assigns)
Performance Based Labor:
1715
F] Sponsor agrees to pay CCC within 35 days from receipt of invoice.

Hours
Staff Overtime :

Other:

CM Regular Time:

CALIFORNIA CONSERVATION CORPS

0.00 (Center Index Code is Four digits)
Vehicle Operations:
$ 29.00
$ -
Tools (includes equipment less than $5,000):

Labor
Attachment 2

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Agenda Item No: 8.h.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-1179

AGENDA SUMMARY REPORT
SUBJECT: Approval of Notice of Completion for the HVAC Replacement at the Water Treatment Plant, Specification No. 24-03, and Final Payment of the 5% Retention to Peterson Mechanical, Inc.

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

1. Peterson Mechanical - HVAC at WTP 2425-226 - Contract

2. Notice-of-Completion
Summary: City Council will consider approving the Notice of Completion for the HVAC Replacement at the Water Treatment Plant, Specification 24-03, and approving final payment of the 5% Retention to Peterson Mechanical, Inc.

Background: The HVAC system at the Water Treatment Plant failed and needed to be removed and replaced with a completely new system.

On June 10, 2025, Peterson Mechanical Inc, was awarded the contract (Attachment 1) in the amount of $49,965.00 for Specification No. 24-03 HVAC Replacement at the Water Treatment Plant as the lowest qualified responsible bidder.

Discussion: The contracted work was completed by the contractor in conformance with the approved plans and specifications on September 26, 2025. The original and subsequent final contract amount was $49,965. The 5% payment will be made to the contractor after 35 days from the date the Notice of Completion (Attachment 2) is filed with the County Recorder.

Staff requests Council approve the Notice of Completion (Attachment 2; approve the final payment of the 5% retention to Peterson Mechanical; and direct the City Clerk to file the Notice of Completion with the County Recorder.

Recommended Action: Approve the Notice of Completion for the HVAC Replacement at the Water Treatment Plant, Specification 24-03; approve final payment of the 5% retention to Peterson Mechanical Inc; and direct the City Clerk to file the Notice of Completion with the County Recorder.

BUDGET AMENDMENT REQUIRED: NO
CURRENT BUDGET AMOUNT: 82027111.56300.183459: $49,965.00 PROPOSED BUDGET AMOUNT: NA
FINANCING SOURCE: N/A
REVENUE: N/A GRANT: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: 2425226
COORDINATED WITH: Myles Fisette, Purchasing Manager; Dave Kirch, Fleet and Facility Maintenance Supervisor
STRATEGIC PLAN (SP): N/A
CLIMATE INITIATIVES (CI): N/A

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GENERAL PLAN ELEMENTS (GP): N/A

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ATTACHMENT 1

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Please return to:

CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the project described as: HVAC Replacement at the Water Treatment Plant, Spec 24-03

2. That the nature of the title to the complete removal and replacement of the existing HVAC systems at the Water Treatment Plant.

3. That on the 26th day of September 2025, the Contract work for this project was actually completed.

4. That the name and address of the Contractor is Peterson Mechanical Inc, 21819 8th Street East, Sonoma CA 95476.

5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as the Water Treatment Plant.

I hereby certify under penalty of perjury that the forgoing is true and correct:

City Council Approval CITY OF UKIAH, a Municipal Corporation _________________ By: __________
Date Kristine Lawler, City Clerk Date
State of California
County of Mendocino
Exempt from recording fees pursuant to Government Code Section 27383 ATTACHMENT 2

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Agenda Item No: 8.i.

MEETING DATE/TIME: 10/15/2025

ITEM NO: 2025-942

AGENDA SUMMARY REPORT
SUBJECT: Determination of Notification of Intent to Adjust Curbside Collection and Transfer Station Service Rates.

DEPARTMENT: Finance PREPARED BY: Oliver MacDonald, Senior Accountant PRESENTER: Sage Sangiacomo, City Manager; Daniel Buffalo, Finance Director
ATTACHMENTS:

1. UWS Adjustment 2026

2. UWS, Curbside Contract

3. SWS, Transfer Station Contract

4. SWS Adjustment 2026 - REV 10-14-25
Summary: The City Council is asked to receive, review, and confirm the determination from the City Manager of proposed rates, as intended to be adjusted by Ukiah Waste Solutions, Inc. and Solid Waste Systems, Inc. for curbside and Ukiah Transfer Station services, respectively. The proposed rate adjustments are, by contract, allowed annually to address cost adjustments borne by the City's franchise solid waste contractor. Those operating costs are limited and specifically identified by contract as pass-through or affected by inflation, measured by the consumer price index (CPI-u).

Background: Pursuant to contracts between the City of Ukiah and Ukiah Waste Solutions, Inc., and the City of Ukiah and Solid Waste Systems, Inc. (collectively referred to herein as "Company"), notices of intent were submitted to the City by Company on August 1, 2025, regarding adjustments to collection rates for residential and commercial curbside service and rates for Ukiah Transfer Station services, effective January 1, 2026.

These notices are allowed annually by contract and are in accordance with Section 6.2 of the Waste Collection Agreement and corresponding provisions of the Transfer Station Agreement.

Procedure for Annual Adjustments:

1. Notice of Intent: Not later than August 15th each year, the Company is required to file with the City Manager a written notice of intent to adjust the current rates, effective January 1st of the following year.

2. City Review: Within 60 days of receiving the notice, the City Manager must review the proposed rate adjustments. The City Manager can either confirm that the proposed rates comply with the contract provisions or work with the Company to establish necessary changes.

3. City Council Review: By October 20th, the City Manager reports the determination to the City Council.

The City Council has until November 20th to either confirm that the proposed rates are within the contractual limits or agree on necessary changes.

4. Implementation: Once the proposed rates are confirmed, they take effect on January 1st of the following year. Customers must be notified of the rate adjustments no later than December 1st.

The rate adjustments reflect changes in various elements, including the Consumer Price Index (CPI), fuel index, recycling processing costs, and pass-through costs such as landfill disposal fees and franchise fees.

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Page 2 of 3 ends

Corresponding notices are further detailed in the discussion section and included as attachments to this report.

Discussion: As is required by contract, the City Manager reviewed the notices of intent. The Finance Department was tasked to review the methodology used by Company to arrive at the proposed rate adjustments to evaluate its conformity with the respective contracts. The elements of the proposed rate adjustment are limited to pass-through costs, including changes to the consumer price index (CPI-u) for the San Francisco-Oakland-San Jose area. Specifically, the elements under review consist of the changes in cost to the following:

Curbside collection costs:
-fuel
-abatement activities
-landfill disposal fees for garbage
-landfill disposal fees for mixed organic waste
-recycling processing costs
-operating costs affected by inflation (CPI-u)
Transfer Station costs:
-fuel
-disposal and processing costs of garbage, recycling and green waste -property tax based on tonnage
-operating costs affected by inflation (CPI-u)
The determination by the Finance Department and subsequent report to the City Manager, after review and testing of the information provided by the Company, is that the calculations and supporting documentation used by the Company in the notices appear correct, reasonable, and are in compliance with the contracts between Company and the City.

Based on the notices, the Company calculated curbside collection service cost increases and pass-throughs of $230,326.56 (Attachment1), which equates to an average of 3.42 percent increase to all residential and commercial accounts. For transfer station services, cost increases and pass-throughs calculated by the Company equate to $136,135.67 (Attachment 2), resulting in an increase in revenue requirements of 2.17 percent.

Council is asked to receive, review, and confirm the intent of the Company, as per the provisions of its respective contracts (curbside contract - Attachment 3 and transfer station contract - Attachment 4). Accordingly, if not confirmed at this time, by November 20, 2025, the City Council must complete its review of the Company’s notices of intent and either confirm that the intention to adjust rates conforms to the provisions of the contracts for curbside services and transfer station services or establish by mutual agreement with the Company any necessary changes to the proposed rates so that it can make such confirmation. The City must provide customers notice of proposed rate adjustments for curbside collection and transfer station services by December 1, 2025.

As this is a regular matter and a contractual requirement, the recommendation is for Council to receive, review, and confirm the determination of the City Manager that the proposed rate adjustment comply with the agreed upon terms of the contracts. Staff can bring this item back to Council for further consideration, if deemed necessary.

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

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

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PROPOSED BUDGET AMOUNT: N/A
FINANCING SOURCE: N/A
PREVIOUS CONTRACT/PURCHASE ORDER NO.: N/A
COORDINATED WITH: N/A
DIVERSITY-EQUITY INITIATIVES (DEI): N/A
CLIMATE INITIATIVES (CI): N/A
GENERAL PLAN ELEMENTS (GP): N/A

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Comparison Year Costs July 2024-June 2025 Index
Increase /
Decrease
Allowed
TOTAL COSTS $8,144,887
Less: Fuel Cost $130,619 Fuel ($2,377.51)
Less: Disposal Fees - Garbage $1,398,375 SWS TS Gate $30,204.90 Less: Disposal Fees - Mixed Organic Waste $202,205 Negotiated $4,792.26 Less: Processing - Recycling $128,032 Contract ($298.45) Less: City Landfill Closure Costs $60,000 Set by City $0.00 Less: City Commercial Oversight fee $10,000 Set by City $0.00 Collection Costs $6,215,656
Franchise Fee & Billing Costs $36,509.80
Collection COSTS Subject to CPI adj. $6,215,656 CPI BA $95,721.10 $164,552.10 TOTAL
Total
Revenue base July 2024 - June 2025 Residential Commercial Roll Off Revenue

27.86% 63.74% 8.40% 100.00%
$1,873,856.03 $4,287,706.69 $565,375.00 $6,726,937.72
$1,873,856.03 $4,287,706.69 $565,375.00 $6,726,937.72
Fuel Cost ($662.28) ($1,515.41) ($199.82) ($2,377.51)
Disposal Fees - MOW $1,334.93 $3,054.56 $402.77 $4,792.26 Abatement $18,297.07 $41,866.85 $5,520.54 $65,684.46
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
Processing - Recycle ($83.14) ($190.23) ($25.08) ($298.45) Landfill closure cost $0.00 $0.00 $0.00 $0.00
Commercial Oversight fee $0.00 $0.00 $0.00 $0.00
Other Regulatory & Governmental Costs $0.00 $0.00 $0.00 $0.00 Disposal Fees - Garbage $8,413.88 $19,252.41 $2,538.61 $30,204.90 CPI adjustment $26,664.07 $61,012.01 $8,045.02 $95,721.10 Total before franchise and billing fees $1,927,820.56 $4,411,186.88 $581,657.04 $6,920,664.48 Franchise & Billing Fees $11,845.87 $21,790.62 $2,873.30 $36,509.80 Adjusted revenue $1,939,666.43 $4,432,977.50 $584,530.35 $6,957,174.28 Revenue Adjustment $65,810.40 $145,270.81 $19,155.35 $230,236.56 Rate adjustment as a percent 3.42%
Ukiah Waste Solutions Curbside Rate
Annual Adjustment Calculations
Effective Date January 1, 2026
Per Adjustment Summary
Attachment 1

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Ukiah Waste Solutions Curbside Rate
Annual Adjustment Calculations
Effective Date January 1, 2026
Jun-24 Jun-25
Index Increase
(Decrease)
351.064 356.460 5.396
CPI % Change 1.54%
Jan-25 Jan-26
Increase
(Decrease)
$143.50 $146.60 $3.10
Transfer Station Fee % Change 2.16%
Jun-24 Jun-25
Increase
(Decrease)
$67.21 $68.80 $ 1.59 2.37%
Disposal Fee - Green Waste % Change 2.37%
January 2025 January 2026
Increase
(Decrease)
$60,000 $60,000 $0.00
Landfill Closure Costs % Change 0.00%
January 2025 January 2026
Increase
(Decrease)
$10,000 $10,000 $0.00
Commercial Oversight Fee % Change 0.00%
Jun-24 Jun-25
Increase
(Decrease)
$128,330.35 $128,031.90 ($298.45)
City Franchise Fee 15% City Billing Fee - Residential Customers 3% Recycle Tip Fee June to June
Commercial Oversight Fee Jan to Jan
Landfill Closure Costs Jan to Jan
Mixed Organic Waste Disposal Fee (Disposal - Green Waste) June to June Transfer Station Fee (Disposal Fees - Garbage) Jan to Jan CPI Bay Area - June to June (Index)
Fuel - June to June (EIA Petroleum & Other Liquids)
See Fuel Cost Adjustment Worksheet

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Current New
2025 2026 Total Monthly
Service Level Rate Rate Adjustment
Curbside Service
No Service Minimum Charge $ 13.53 $ 13.99 $ 0.46
10 gallon can rate $ 25.28 $ 26.15 $ 0.86
20 gallon can rate $ 28.26 $ 29.23 $ 0.97
32 gallon can rate $ 31.84 $ 32.93 $ 1.09
65 gallon can rate $ 72.68 $ 75.17 $ 2.49
95 gallon can rate $ 102.40 $ 105.90 $ 3.50
Other combinations - rate per gallon $ 1.21 $ 1.25 $ 0.04 1 yard bin rate $ 226.43 $ 234.17 $ 7.74

1.5 yard bin rate $ 283.04 $ 292.73 $ 9.68
2 yard bin rate $ 367.95 $ 380.53 $ 12.58
3 yard bin rate $ 537.78 $ 556.17 $ 18.39
4 yard bin rate $ 707.60 $ 731.80 $ 24.20
6 yard bin rate $ 1,028.50 $ 1,063.67 $ 35.17
Packout Service
20 gallon can rate $ 35.49 $ 36.70 $ 1.21
32 gallon can rate $ 41.69 $ 43.12 $ 1.43
65 gallon can rate $ 94.63 $ 97.87 $ 3.24
95 gallon can rate $ 136.67 $ 141.35 $ 4.67
Other combinations - rate per gallon $ 1.46 $ 1.51 $ 0.05 Remote Area Service
Add to the Packout Service rate. $ 13.43 $ 13.89 $ 0.46 In areas with limited access, an additional fee is charged to fund the costs of special equipment and special handling necessary to provide garbage pickup services. This fee is in addition to the "Packout Service" fee listed in this schedule.

Commercial / Multi-Family Service
20 gallon can rate $ 29.34 $ 30.34 $ 1.00
32 gallon can rate $ 35.33 $ 36.54 $ 1.21
68 gallon can rate $ 80.69 $ 83.45 $ 2.76
95 gallon can rate $ 113.71 $ 117.60 $ 3.89
1 yard bin rate $ 226.43 $ 234.17 $ 7.74

1.5 yard bin rate $ 283.04 $ 292.73 $ 9.68
2 yard bin rate $ 367.95 $ 380.53 $ 12.58
3 yard bin rate $ 537.78 $ 556.17 $ 18.39
4 yard bin rate $ 707.60 $ 731.80 $ 24.20
6 yard bin rate $ 1,028.50 $ 1,063.67 $ 35.17
Ukiah Waste Solutions, Inc.

JANUARY 1, 2026 RATE ADJUSTMENT

SUMMARY OF RATE ADJUSTMENT FOR STANDARD SERVICES

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Greenwaste & Recycling Tip Fee
July 2024 - June 2025
SWS PRS Disposal Cost Tip Fee/Ton
2024-07 2,321 9,992 6,837 $ 35.00
2024-08 2,825 10,324 6,712 $ 35.00
2024-09 1,452 9,320 9,896 $ 55.00
2024-10 4,396 9,591 8,836 $ 45.00
2024-11 8,824 15,756 9,660 $ 45.00
2024-12 10,561 17,866 18,426 $ 75.00
2025-01 3,862 13,715 15,019 $ 65.00
2025-02 3,752 8,027 13,687 $ 65.00
2025-03 2,575 12,166 11,102 $ 55.00
2025-04 4,354 16,831 9,406 $ 45.00
2025-05 2,601 15,249 8,345 $ 45.00
2025-06 3,957 11,888 10,106 $ 55.00
$ 51,478 $ 150,727 $ 128,032
Green Yard Waste Recycling

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Calculation to adjust fuel costs
Effective Date January 1, 2026
Fuel Revenue Adjustment Worksheet, based on Fuel Index change, June to June UWS Base Year Fuel Index and Cost 3.216 $162,843.06 June 2020 after 5 yr Review - Jan 2021 Annual adjustment based on Fuel Index change, year to year (using example fuel index changes) 2 Fuel index adjustment at Dec 2023 5.202 61.75% $100,555.59 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision $100,555.59 $0.00 Less: Prior Fuel Cost applied to rate $263,398.65 Fuel Cost Allowed Year 1 - 2025
3 Estimated Fuel index adjustment at June 2024 4.913 52.77% $85,932.28 Plus: Base Year Cost X Index Change Revenue adjustment for January 2025 rate revision ($14,623.31) $100,555.59 Less: Prior Fuel Cost applied to rate $248,775.34 Fuel Cost Allowed Year 2 - 2026
4 Estimated Fuel index adjustment at June 2025 4.866 51.31% $83,554.77 Plus: Base Year Cost X Index Change Revenue adjustment for January 2026 rate revision ($2,377.51) $85,932.28 Less: Prior Fuel Cost applied to rate $246,397.83 Fuel Cost Allowed Year 3 - 2026
5 Estimated Fuel index adjustment at June 2026 4.866 51.31% $83,554.77 Plus: Base Year Cost X Index Change Revenue adjustment for January 2027 rate revision $0.00 $83,554.77 Less: Prior Fuel Cost applied to rate $246,397.83 Fuel Cost Allowed Year 4 - 2027
6 Estimated Fuel index adjustment at June 2027 4.866 51.31% $83,554.77 Plus: Base Year Cost X Index Change Revenue adjustment for January 2028 rate revision $0.00 $83,554.77 Less: Prior Fuel Cost applied to rate $246,397.83 Fuel Cost Allowed Year 5 - 2028
Index Change - New
vs. Base Year

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Weekly Retail Gasoline and Diesel Prices
https://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=PET&s=EMD_EPD2DXL0_PTE_SCA_DPG&f=W

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https://www.bls.gov/regions/west/news-release/consumerpriceindex_sanfrancisco.htm

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Series Id:

Series
Title:

Area:

Item:

Base
Period:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2015 254.910 257.622 259.117 259.917 261.019 260.289 258.572 256.723 260.421 2016 262.600 264.565 266.041 267.853 270.306 269.483 266.344 263.911 268.777 2017 271.626 274.589 275.304 275.893 277.570 277.414 274.924 273.306 276.542 2018 281.308 283.422 286.062 287.664 289.673 289.896 285.550 282.666 288.435 2019 291.227 294.801 295.259 295.490 298.443 297.007 295.004 293.150 296.859 2020 299.690 298.074 300.032 300.182 301.736 302.948 300.084 299.109 301.059 2021 304.387 309.419 309.497 311.167 313.265 315.805 309.721 306.724 312.718 2022 320.195 324.878 330.539 328.871 332.062 331.222 327.060 323.408 330.711 2023 337.173 338.496 340.056 340.094 341.219 339.915 339.050 337.689 340.411 2024 345.151 351.247 351.064 349.290 349.370 348.001 348.417 347.857 348.977 2025 354.432 355.707 356.460 354.522
Consumer Price Index for All Urban Consumers (CPI-U)
Original Data Value
CUURS49BSA0
Not Seasonally Adjusted
All items in San Francisco-Oakland-Hayward, CA, all urban consumers, not seasonally adjusted
San Francisco-Oakland-Hayward, CA
All items
1982-84=100
2015 to 2025

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Effective Date January 1, 2018 Adjustment Adjustment Index Cost Cost/Rev Period Method Used Group
1,2 Fuel Annual 100% of index change eia Ca #2 Diesel Retail all sellers Base Rate as Adjusted Disposal - Solid Waste Time to Time Per TS (SWS) Agreement N/A Pass Through 1,2 Operations (all other costs) Annual 100% of index change CPI - US Cities CPI-U Base Rate as Adjusted 3 Recycle Reduction Annual Per Recycle Agreement Rec Market Value Grid - $5 base Operating Cost Reduction 1,2 Green Waste Disposal $30 / Ton Annual Up to CPI (Contractor Choice) CPI - US Cities CPI-U Base Rate as Adjusted 1,2,8 Food Waste Disposal (Comm) Up to $40 / ton Annual Up to CPI (Contractor Choice) CPI - US Cities CPI-U Base Rate as Adjusted 4 City Franchise Fee 15% Time to Time City Action N/A Pass Through 4 City Bill Fee 3% Time to Time City Action N/A Pass Through 4 City Oversight Fee $10,000.00 Time to Time City Action N/A Pass Through 4 City Landfill Closure Fee $60,000.00 Time to Time City Action N/A Pass Through 6,9 TOTAL NET COST
Notes
1 Agreement should state mutually agreed upon Index if Index becomes unavailable 2 June to June change
3 Recycle Agreement with PRS renewable every 5 years with Base Market Value per mixed ton to provide for Rev sharing with City (reduction of operating costs). 4 Agreement should state initial rate, subject to change by City action 5 Exhibit of calculation to be made part of agreement
6 UWS requests new rate by Aug 15, City approves by Oct 15, Pub Notice given by Nov 1, Adjusted Rate goes into effect following January 1. 7 Agreement must provide for City Flow Control with language that directs flow to contractor facilities when available. 8 FOOD WASTE - UWS will implement a pilot and or full commercial food waste program in place by June 2013 provided proper permits can be obtained Details still to be worked out.
9 Rate change is calced as follows: % annual adjustment X actual prior year (July to June) actual component cost = new funds needed / collection revenue = % adjustment per rate. New cost adj dollars (fuel, disposal, city fees etc..) need to be adjusted for city fees - CPI adj does not.

RE-OPENER - the contract should have a mutual re-opener for other new items Ukiah Waste Solutions Curbside Agreement

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Attachment 3

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1 SECOND AMENDED AND RESTATED TRANSFER STATION AGREEMENT Attachment 4

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i

TABLE OF CONTENTS
Page
Second Amended and Restated Transfer Station Agreement 1

1. Operating Rights 1

2. Definitions 2

3. Term 5

4. Operations 5

4.1 Receipt, Transfer and Disposal of Solid Waste 5

4.2 Buy-Back Recycling 6

4.3 Drop-Off Recycling 6

4.4 Household Hazardous Waste Recycling 6

4.5 Green Waste and Wood Waste 7

4.6 Food Waste and Mixed Organic Waste 7

4.7 Reuse Facility 7

4.8 Unacceptable Waste Prohibited 7

4.9 Refusal of Waste 7

4.10 Title to Waste 7

4.11 Hours of Operation 8

4.12 Additional Services 8

4.13 Permits and Licenses 8

4.14 Applicable Law 8

5. Landfill Fee 8
Attachment 4

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ii

6. Gate Rate and Other Service Fees 8

6.1 Establishment 8

6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass-Through Costs 8

6.3 Modification Based on Changes in Pass-Through Costs 10

6.4 Five Year Review 11

6.5 Modification Based on Extraordinary Items 11

6.6 Billing 11

7. Provisions Applicable to Equipment and Personnel 11

7.1 Equipment 12

7.2 Facility Maintenance 12

7.3 Transport of Materials 12

7.4 Staffing 12

7.5 Subcontractors 12

8. Records and Reports 12

9. Hold Harmless and Insurance 12

10. Remedies Upon Default 14

11. Assignment 16

12. City’s Options to Purchase Site, Improvements and Equipment 15

12.1 City’s Options to Purchase Site and Improvements 16

12.2 Prior Termination 16

13. Purchase or Lease of Site and Purchase of Improvements 17 Attachment 4

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iii

13.1 Purchase of Site 16

13.2 Lease of Site 16

13.3 Purchase of Improvements 17

14. Waiver 17

15. Administration 17

16. Independent Contractor 18

17. Notices 18

18. Amendments 18

19. Successors and Assigns 18

20. Integration; Severability 19
Exhibit A – First Amended and Restated Agreement for Receipt of Wood Waste, Green Waste and Mixed Organic Waste 20
Exhibit B –[Reserved]
Exhibit C - Legal Description of Transfer Station Site 22 Exhibit D – Rate Schedule 23
Exhibit E – Transfer Station Rate Calculation 24
Exhibit F – Transfer Station Lease 25
Exhibit G – Current Geographic Area Served By Transfer Station 26 Attachment 4

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1 SECOND AMENDED AND RESTATED TRANSFER STATION AGREEMENT This Second Amended and Restated Transfer Station Agreement (the “Agreement”) is made as of October __, 2015 by and between the City of Ukiah, a municipal corporation (hereinafter "City"), Solid Wastes Systems, Inc., a California corporation (hereinafter "Contractor"), and Yulupa Investments, LLC, a California limited liability company (hereinafter “Owner”), with reference to the following:

WHEREAS, Owner currently owns and Contractor currently operates the Ukiah Valley Transfer Station located in Mendocino County pursuant to that certain Amended and Restated Transfer Station Agreement dated December 12, 2011 (the "Prior Agreement"); and WHEREAS, Ukiah Waste Solutions, Inc. (“UWS”), a California corporation and an affiliate of Contractor, collects all Solid Waste generated in City pursuant to that certain Amended and Restated Waste Collection Agreement with City of even date herewith (the “Collection Agreement”); and WHEREAS, Contractor has invested substantial funds to acquire land and construct improvements to increase diversion of Solid Waste from landfills, reduce greenhouse gasses, convert waste into energy, and create new jobs; and
WHEREAS, City has approved a Mixed Organic Waste Curbside Recycling Program (the “New Program”) pursuant to the Collection Agreement; and
WHEREAS, the parties wish to amend and restate the Prior Agreement on the terms herein consistent with the New Program and to make certain other changes; NOW, THEREFORE, in and for the mutual covenants herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:

1. Operating Rights.

1.1 Contractor shall have the exclusive right to operate, and shall operate, the Transfer Station (as defined in Section 2 below) in accordance with the terms of this Agreement and all applicable federal, state and local statutes, regulations, ordinances and other laws and enforceable policies. Subject to any limits imposed by applicable law, all Solid Waste generated in City shall be delivered to the Transfer Station and Contractor shall be entitled to accept at the Transfer Station Solid Waste generated anywhere within Mendocino County. Contractor shall also have the right to accept at the Transfer Station Solid Waste generated outside of Mendocino County with City’s prior written consent (which consent shall not be unreasonably withheld and may be granted by City’s City Manager), provided that Contractor shall identify and keep records satisfactory to both California Department of Resources Recycling and Recover (“CalRecyle”) and City, including the quantity and the jurisdiction of origin of such Solid Waste.

Receipt and disposal of such solid waste shall be subject to all of the applicable provisions of this Agreement, including Contractor’s obligation to indemnify and hold City harmless in any action related to the acceptance of out of County Solid Waste, and the payment, if levied, of Surcharges. During the term of this Agreement, City shall not own, operate or authorize any facility that would compete with the Transfer Station or Contractor’s operation thereof, nor shall City issue any request for proposal for the operation of the Transfer Station by any person other than Contractor except for any period after the expiration or termination of this Agreement in accordance with its terms. Correspondingly, and except as specifically permitted under this Agreement or the Collection Agreement, Owner, Contractor and any Related Entity (as defined below) shall not accept at any facility owned or operated by them Solid Waste originating from any source generated in the areas of Mendocino County described at Exhibit G, which Attachment 4

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2 represents the Solid Waste, as of November 1, 2011, that is received at the Transfer Station, unless such Solid Waste has first passed through and paid Gate fees at the Transfer Station. “Related Entity” means an entity in which Contractor or Owner, any of its shareholders, partners or members, or their spouses, are owners, members, partners, or over which Owner, Contractor, their shareholders, members or partners, or their spouses, otherwise exercise any ownership or control.

1.2 To the extent permitted by applicable law, City shall take such steps as may be reasonably necessary to protect Contractor's rights under this Agreement; provided, however, that City’s obligation under this Section 1.2 is subject to Contractor’s agreement, upon request of City, to reimburse City’s reasonable expenses, including attorneys’ fees and litigation expenses, incurred in taking steps as agreed upon herein; and, provided, further, that nothing herein shall prevent Contractor from taking any lawful action to protect its rights hereunder.

1.3 Except as expressly provided herein, this Agreement shall supersede the Prior Agreement as of the Effective Date set forth in Section 3 below, when the Prior Agreement shall cease to have any effect (except for periods prior to such Effective Date).

2. Definitions.

2.1 “Acceptable Waste” means all Solid Waste, except (a) Recyclables, (b) Segregated Food Waste, Mixed Organic Waste, Green Waste or Wood Waste, and (c) Hazardous Waste, Household Hazardous Waste and Unacceptable Waste.

2.2 “Change in Law” means the enactment, adoption, promulgation, issuance, modification, or written adoption or change in administrative or judicial interpretation on or after the Effective Date of, any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Contractor’s performance hereunder.

2.3 "Construction Debris" means used or discarded construction materials generated during the construction or renovation of a building, structure or other man-made improvement.

2.4 "Demolition Debris" means used construction materials generated during the razing or renovation of a building, structure or other man-made improvement.

2.5 “Disposal” means the permanent placing of Solid Waste in a facility legally permitted to receive it.

2.6 “Disposal Costs” means Contractor’s costs to Dispose of Solid Waste at a Disposal Facility, including all tipping fees and service fees paid by Contractor to any Disposal Facility for such Disposal.

2.7 “Disposal Facility” means any fully-permitted Subtitle D approved Solid Waste landfill, approved by City pursuant to Section 4.1 below, to which Contractor transports Acceptable Waste for Disposal (including, without limitation, any authorized transfer station for ultimate Disposal at such a landfill).

2.8 “Food Waste” means food scraps, paper tissues, paper napkins and towels, coffee grounds and filters, pizza boxes, food soiled paper plates and cups, and miscellaneous paper not suitable Attachment 4

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3 for recycling that is discarded (as from a Commercial or Residential Property kitchen).

2.9 “Franchised Waste Hauler” means any person that possesses a franchise, permit, license or contract from a public agency authorizing such person to collect and transport Solid Waste from generators of such Solid Waste in or subject to such agency’s jurisdiction.

2.10 "Green Waste" means tree trimmings, grass cuttings, plants, leaves, branches and trees (not more than six (6) inches in diameter or more than four (4) feet in length) and similar materials.

2.11 "Hazardous Waste" means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations.

2.12 "Household Hazardous Waste" means Hazardous Waste that is generated at Residential Properties.

2.13 "Mixed Organic Waste" means Green Waste and Food Waste.

2.14 “Pass-Through Costs” means Disposal Costs, Processing Costs and Regulatory Costs, as well as any increase above $10.00 per ton in the lease rate payable under the lease between City and Contractor for the Transfer Station Site and the Improvements attached hereto as Exhibit F.

2.15 “Processing” means the act of salvaging, reprocessing, marketing and selling or reusing Recyclables, Food Waste, Green Waste, Mixed Organic Waste and Wood Waste for the purpose of Recycling, whether directly or through one or more third parties (including, in the case of Food Waste, Green Waste and Mixed Organic Waste, composting or anaerobic digestion), and shall include other means of diverting Solid Waste from landfills.

2.16 “Processing Costs” means fees, if any, paid by Contractor to a Processing Facility for Processing Recyclables, Food Waste, Green Waste, Mixed Organic Waste, Wood Waste and Solid Waste received at the Transfer Station. The amount paid by Contractor to PRS for Food Waste, Mixed Organic Waste, Green Waste or Wood Waste delivered to the PRS Facility shall be as determined under that certain First Amended and Restated Agreement for Receipt of Wood Waste, Green Waste and Mixed Organic Waste among PRS, UWS and SWS of even date herewith and attached hereto as Exhibit A (the “PRS Agreement”).

2.17 “Processing Facility” means, with respect to Recyclables, the PRS Facility and/or any other authorized facility selected and approved pursuant to Section 4.1 below, with respect to Green Waste and Wood Waste and subject to Section 4.5 below, the PRS Facility, the Scotia Facility (as defined in Section 4.5 below), or other licensed biomass conversion facility approved by the City Manager for Processing, the CCC Facility (as defined in Section 4.5 below), and/or any other authorized facility selected and approved pursuant to Section 4.1.2 and 4.5 below, and with respect to Food Waste and Mixed Organic Waste and subject to Section 4.6 below, the PRS Facility, the CCC Facility, and/or any other authorized facility selected and approved pursuant to Section 4.1.2 and/or 4.6 below.

2.18 “PRS” means Pacific Recycling Solutions, Inc.

2.19 “PRS Facility” means the materials recovery and green waste facility operated by PRS, currently located at 4260 North State Street, Ukiah, California and/or 3501 Taylor Drive and 3515 Taylor Attachment 4

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4 Drive, Ukiah, California.

2.20 "Recyclables" means Solid Waste which may be Recycled, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Segregated Food Waste, Mixed Organic Waste, Green Waste and/or Wood Waste), electronic waste, wood, brick and stone in reusable size and condition, those items of Construction Debris and Demolition Debris which are described in Sections 2.4 and 2.5, appliances and automobile and light truck tires. Contractor shall report changes in Recyclables accepted at the Transfer Station to the City Manager who must approve those changes.

2.21 “Recycle” means the process of reusing or processing Solid Waste into a form suitable for reuse consistent with the requirements of the California Integrated Waste Management Act of 1989, as amended (“AB 939”).

2.22 “Regulatory Costs” means all regulatory and governmental fees and charges incurred by Contractor in connection with providing services under this Agreement, including, without limitation, Surcharges which may be adopted from time to time, such as but not limited to, the City Landfill Fee and MSWMA fee, as shown on Exhibit E, payable to City, MSWMA or such other jurisdiction whose fee is acceptable to and approved by the City, and remains in force, pursuant to Section 1.1 above.

2.23 "Segregated" means:

2.23.1 As to Recyclables other than Food Waste, Mixed Organic Waste, Green Waste and Wood Waste, Recyclables that have been separated from Solid Waste that is not Recyclables and from Food Waste, Mixed Organic Waste, Green Waste and Wood Waste prior to delivery to the Transfer Station, and that are saleable or acceptable for Processing without further sorting. (For example, cardboard and glass that have been separated by a Self-Hauler from wet garbage is Segregated.)

2.23.2 As to any of Food Waste, Mixed Organic Waste, Green Waste or Wood Waste, each of those types of waste that has been separated from Solid Waste that is not Recyclables and from each of Food Waste, Mixed Organic Waste, Green Waste and Wood Waste, as applicable, prior to delivery to the Transfer Station, and that in each case are saleable or acceptable for Processing without further sorting. (For example, Food Waste that has been separated from all Solid Waste by whatever means, and Recyclables, including Green Waste and Wood Waste, is Segregated.)

2.24 “Self-Haulers” means persons delivering Acceptable Waste or Recyclables to the Transfer Station who are not Franchised Waste Haulers.

2.25 "Solid Waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, Food Waste, Green Waste, Wood Waste and rubbish as defined in Public Resources Code Section 40191, including, without limitation, for the purposes of this Agreement Construction Debris, Demolition Debris and Recyclables, but excluding Hazardous Waste and Household Hazardous Waste.

2.26 [Reserved]

2.27 “Surcharge” means any per ton, or other, fee imposed by City on MSW (as defined below) received at the Transfer Station, such as, but not limited to, the Landfill Fee payable to City Attachment 4

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5 pursuant to Section 5 below, and the MSWMA Fee payable to the Mendocino Solid Waste Management Authority (“MSWMA”) (currently $5.00 per ton), and that remains in force, pursuant to Section 1.1 above, or any similar fee of any other jurisdiction that is acceptable to and approved by City, including, in each case, any fees or charges adopted to replace or supplement any such Surcharge or fee.

2.28 “Transfer Station” means the facility located on the Transfer Station Site.

2.29 “Transfer Station Site” means the real property commonly known as 3151 Taylor Drive, Ukiah, California, Mendocino County Assessor’s Parcel No. 14-140-13, and which is depicted and described on Exhibit C attached hereto and hereby incorporated herein.

2.30 “Unacceptable Waste” means the types of Solid Waste that may not be received at the Transfer Station unless authorized by the permits issued for the operation of the Transfer Station.

2.31 “Wood Waste” means unpainted and untreated lumber and boards separated from Solid Waste, including other Recyclables.

3. Term. Subject to earlier termination in accordance with the terms of this Agreement, the term of this Agreement shall commence on October 1, 2015 (the “Effective Date”) and continue for a period of eleven (11) years and three (3) months through December 31, 2026, provided that Contractor shall have one (1) option to extend this Agreement and the rights granted hereunder on the terms and conditions herein for a period of five (5) years commencing January 1, 2027 and ending December 31, 2031. Notice of Contractor’s exercise of such option must be given at least six (6) months prior to December 31, 2026.

The option to extend hereunder may not be exercised unless Contractor is in material compliance with the terms of this Agreement at the time of exercise and on December 31, 2026. It is the parties’ intention that, subject to prior termination hereunder or thereunder, the term of this Agreement be coextensive with the term of the Collection Agreement.

4. Operations. Contractor shall provide the following operations at the Transfer Station:

4.1 Receipt, Transfer and Disposal of Solid Waste. Contractor shall accept, for the per ton or per yard Rate for Municipal Solid Waste (“MSW”), set forth in Exhibit D attached hereto as adjusted under Section 6 below, Acceptable Waste delivered to the Transfer Station by Franchised Waste Haulers and Self-Haulers, and shall transfer or transport such Acceptable Waste to a Disposal Facility or a Processing Facility, in accordance with the terms of this Agreement. The initial Disposal Facility shall be the Eastlake landfill, the initial Recyclables Processing Facility shall be the PRS Facility, the initial Green Waste and Wood Waste Processing Facility is described in Section 4.5 below, and the initial Food Waste and Mixed Organic Waste Processing Facility is described in Section 4.6 below. Any alternate or successor Disposal or Processing Facility to the initial Facilities approved or described in this Agreement shall be subject to City’s approval as provided hereafter.

4.1.1 At least one year and three months before the expiration of the term of the disposal contract between Contractor and the existing Disposal Facility, Contractor shall begin the process of selecting a successor Disposal Facility (which may be the existing Disposal Facility), and at least seven months before such expiration, Contractor shall give City written notice identifying the proposed Disposal Facility, including its name and location, and the particulars of the disposal costs it recommends for the period of the new disposal agreement. Such notice shall include: (1) the anticipated tipping fee and other charges for Disposal at that Facility (2) a comparison of the disposal costs of the expiring disposal agreement to the new recommended disposal costs; (3) any impact the new recommended disposal costs will have on the Gate Fee (4) a justification statement, if the recommended Attachment 4

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6 disposal costs will increase by more than an annual CPI adjustment; (5) a list of Contractor explored disposal options not recommended, and (6) why the Contractor believes the recommended Disposal Option is best. Before giving such notice to City, Contractor has a duty under this Agreement to have vigorously explored all Disposal options reasonably available. The notice shall be accompanied by a copy of the proposed contract between Contractor and such Facility. Contractor shall also provide City with any additional information about such Disposal Facility reasonably requested by City. Contractor’s use of the proposed Facility shall be subject to the City Council’s approval, which shall not be unreasonably withheld. In acting on a request for approval, the City shall consider, among other things, whether the use of that Facility available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives; provided, however, that if the City Council determines that another Disposal Facility reasonably available to Contractor will provide the same service at a lower cost, Contractor shall use that Facility.

4.1.2 Contractor shall provide City with written notice as soon as Contractor knows that it will use a Processing Facility instead of or in addition to the PRS Facility, the Scotia Facility, any licensed biomass conversion facility approved by the City Manager, or the CCC Facility. The notice shall provide the name and location of the proposed Facility, the anticipated gate fee and other charges for Processing at that Facility, and a copy of the proposed contract between Contractor and such Facility.

Contractor shall also provide City with any additional information about such Processing Facility reasonably requested by City. Contractor’s use of the proposed Processing Facility shall be subject to the City Council’s approval, which shall not be unreasonably withheld. In acting on a request for approval, the City shall consider, among other things, whether the use of that Facility is available at a reasonable cost to the ratepayers considering the environmental benefits and the available alternatives, and otherwise qualifies as an Authorized Facility. The City Council may consider any other factor reasonably related to a legitimate City interest in its management of waste collection and disposal, including, but not limited to, alternative technologies and facilities, the impact on rates, past performance and regulatory history of the processing facilities under consideration, factors affecting the facilities’ future performance, and the public interest.

4.1.3 In the event that any Facility described above cannot accept Solid Waste, Recyclables, Green Waste, Wood Waste, Food Waste or Mixed Organic Waste Generated in City on a temporary basis due to no fault of Contractor, or due to events beyond the control of Contractor, such as acts of God, public emergency, strike or lockout by employees of another entity unrelated to Contractor, Contractor shall locate and use an alternate Facility for the duration of such circumstance; provided, however, that City approval in accordance with this Section 4.1 shall be required if the Facility cannot accept the applicable materials for a period of time exceeding three (3) months.

4.2 Buy-Back Recycling. Contractor shall operate a certified Beverage Container Recycling Center at the Transfer Station that will provide redemption buy-back from the public in accordance with the rules of CalRecycle, and which is open to the public during regular business hours at least six days per week.

4.3 Drop-Off Recycling. Contractor shall accept at a designated area of the Transfer Station, at no charge, Segregated Recyclables (other than Food Waste, Mixed Organic Waste, Green Waste, Wood Waste and the types of Recyclables listed on Exhibit D as bearing a charge), from Self-Haulers, and shall transfer or transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall accept at a designated area of the Transfer Station, at the designated Recycling Rate set forth on Exhibit D as adjusted under Section 6 below, Segregated Recyclables of the types listed on Exhibit D as bearing a charge, from Self-Haulers, and shall transfer or Attachment 4

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7 transport such Recyclables for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such Recyclables. Any residue from the Recyclables received at the Transfer Station that cannot be processed shall be disposed of at a Disposal Facility. City may designate any entity, including MSWMA, to provide hazardous waste load-check and refrigerant removal at no cost to Contractor or the general public.

4.4 Household Hazardous Waste Recycling. Contractor shall, at the applicable Rate set forth on Exhibit D as adjusted under Section 6 below, accept from Self-Haulers who are residents of City, oil filters, used motor oil (up to five gallons per customer), antifreeze and automobile and boat batteries, and shall transfer or transport such items for Processing to a Processing Facility, in accordance with the terms of this Agreement. Contractor shall be entitled to retain all revenue it receives from the sale of such items. Any residue from such items that cannot be Processed shall be disposed in accordance with all legal requirements at a City approved facility fully licensed to accept such materials.

4.5 Green Waste and Wood Waste. Contractor shall accept at a designated area of the Transfer Station, at the applicable Green Waste Rates specified in Exhibit D as adjusted under Section 6 below, Segregated Green Waste and Segregated Wood Waste from Self-Haulers, and shall transfer or transport all such Green Waste and Wood Waste to the Scotia biomass conversion facility (the “Scotia Facility”), any licensed biomass conversion facility approved by the City Manager, the Cold Creek Compost, Inc. composting facility (the “CCC Facility”), or the PRS Facility for Processing, in accordance with the terms of this Agreement. Any residue from the Green Waste or Wood Waste received at the Transfer Station that cannot be Processed shall be disposed of at the Disposal Facility or at any licensed landfill selected by PRS.

4.6 Food Waste and Mixed Organic Waste. Notwithstanding any other provision in this Agreement, Contractor shall not be required to accept or Process any Segregated Food Waste or Segregated Mixed Organic Waste delivered to the Transfer Station until January 1, 2017 and subject to the receipt by PRS of all government approvals and permits necessary for PRS to receive, commingle, store and handle such Food Waste and Mixed Organic Waste. Once such approvals and permits have been received by PRS and such date has occurred, Contractor shall, if (1) PRS permits do not allow self-haulers to deliver Food Waste or Mixed Organic Waste to the PRS Facility (and PRS does not intend to seek such allowance), and (2) requested in writing by the City Manager: (a) accept at a designated area of the Transfer Station Segregated Food Waste and Segregated Mixed Organic Waste from City and County Self-Haulers at the applicable Mixed Organic Waste Rates specified in Exhibit D as adjusted under Section 6 below, and transfer or transport all such Food Waste and Mixed Organic Waste for Processing to the PRS Facility, in accordance with the terms of this Agreement; and (b) due to space constraints and subject to Section 5.11(d) of the Collection Agreement, direct City and County Franchised Haulers to deliver all Segregated Food Waste and/or Segregated Mixed Organic Waste for Processing to another facility; provided, however, that if the CCC Facility shall refuse, due to no fault of Contractor, UWS or PRS, to accept Mixed Organic Waste that is not a Contaminated Load (as defined in the Agreement for Mixed Organic Waste Services between PRS and CCC dated September 15, 2015, which is attached as Exhibit 1 to Exhibit A to this Agreement (the “CCC Agreement”)) or if the CCC Facility shall shut down or cease operating, Contractor shall deliver the Mixed Organic Waste received at the Transfer Station for Processing or to the licensed facility that is least expensive (taking into account costs of Processing and transportation), with any increase in the costs to Contractor of using the new facility instead of the PRS Facility and the CCC Facility being passed through to Contractor and treated as a Pass-Through adjustment to the Rates on the next Rate Adjustment Date pursuant to Section 6.3 below.

Attachment 4

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8 4.7 Reuse Facility. Contractor shall provide a reuse area at the Transfer Station where Contractor shall make available for give-away or sale salvageable items such as doors, windows, furniture, appliances, toys and tools brought to the Transfer Station by Self-Haulers. Contractor shall be entitled to retain all revenues from the sale of such items.

4.8 Unacceptable Waste Prohibited. Contractor shall not knowingly accept Unacceptable Waste at the Transfer Station, except for those recyclable Household Hazardous Wastes described in Section 4.4 above. Contractor shall continuously inspect customer vehicles and the tipping floor for Unacceptable Waste. Unacceptable Waste shall be refused and returned to the customer, unless the Unacceptable Waste is already dumped on the tipping floor and the vehicle of origin is unknown.

Contractor shall accept title to any Unacceptable Waste received at the Transfer Station and not so returned, and shall safely segregate, contain, store and dispose of it in accordance with applicable law.

4.9 Refusal of Waste. When Contractor refuses Unacceptable Waste that is brought to the Transfer Station by a customer, Contractor will inform the customer of the most convenient and economical legal option available for disposal of that Waste. Written information on such disposal options will be kept available at all times in the scale house, and a log shall be maintained to detail such refusal of Waste acceptance.

4.10 Title to Waste. Contractor shall accept ownership and title to all Acceptable Waste, Recyclables, Food Waste, Mixed Organic Waste, Green Waste and Wood Waste at the time of unloading of such materials at the Transfer Station.

4.11 Hours of Operation. Contractor will receive Acceptable Waste, Recyclables, Food Waste, Mixed Organic Waste, Green Waste and Wood Waste at the Transfer Station only between the hours 7 a.m. and 4 p.m. Monday through Friday for Franchised Waste Haulers and from 7:30 a.m. to 4 p.m. Monday through Saturday for Self-Haulers throughout the year, except for the following holidays:

New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day; provided, however, that if New Year’s Day, July 4th or Christmas Day falls on a Sunday, Contractor may with the consent of City’s City Manager’s observe the holiday on the Saturday before the holiday; and, provided, further, that Franchised Waste Haulers may deliver to the Transfer Station between 6 a.m. and 4 p.m. on the day after any such holiday. Within this schedule, Contractor may specify different hours for Franchised Waste Haulers and Self-Haulers. Any such changes shall be reported to the City no later than thirty (30) days before the effective date of the change and shall be revised at the direction of the City Council. Such hours are subject to change in accordance with changes to Contractor’s permits for the Transfer Station.

4.12 Additional Services. Contractor shall provide additional services upon request of City or upon the proposal of Contractor as approved by City subject, if the costs incurred by Contractor to provide such services increase, to the establishment by mutual written agreement of a reasonable service fee therefor.

4.13. Permits and Licenses. Contractor shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals required for Contractor to perform the services described herein, including, without limitation, an operating permit from the County of Mendocino. City shall cooperate with Contractor in connection with such permits, licenses and approvals, and shall renew all such permits, licenses and approvals issued by City, provided that Contractor is not in material breach of this Agreement and provided Contractor shall have fulfilled all requirements for the renewal of such Attachment 4

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9 permits, licenses and approvals. Contractor shall provide City’s City Manager or his or her designee with copies of all permits or amendments or renewals thereof which are not issued by City.

4.14 Applicable Law. Contractor shall perform all its obligations under this Agreement in accordance with all applicable laws, including, without limitation, the permits, licenses and approvals described in Section 4.12 above, and shall be solely liable for all fines and penalties that may be imposed on Contractor for violations thereof.

5. Landfill Fee and Other Surcharges. Within forty-five (45) days after the end of each calendar month during the term of this Agreement, Contractor shall remit to City as a landfill fee a sum of money equal to Two Dollars ($2.00) per ton (or the equivalent amount for a cubic yard), or such other amount approved by City, of Acceptable Waste received by Contractor at the Transfer Station, and any other Surcharge, approved by and acceptable to the City still in force shall be remitted to City or another entity, as directed by the City, within ninety (90) days after the end of each calendar month. If these fees are not paid on or before such due date, a late payment fee in an amount equal to eighty-three one-hundredths of a percent (0.83%) of the amount owing per month will be charged for each thirty (30) day period, or portion thereof, that the fee remains unpaid. Each monthly remittance to City shall be accompanied by a statement detailing the Acceptable Waste received at the Transfer Station for the period covered.

6. Gate Rate and Other Service Fees.

6.1 Establishment. Exhibit D sets forth the gate rate and other service fees for services provided by Contractor under this Agreement (collectively, the “Rates”) effective as of the Effective Date. Contractor shall not charge lower Rates to any Franchised Waste Hauler or Self Hauler serving or from areas outside the City. Such Rates shall be subject to review and revision as set forth in Sections

6.2, 6.3, 6.4 and 6.5 below. Contractor shall not charge any amount in excess of the approved Rates for services required by or permitted under this Agreement.

6.2 Modification Based on Consumer Price Index, Fuel Index and Certain Pass-Through Costs.
(a) Per Ton MSW Rate. The per ton Municipal Solid Waste (“MSW”) Rate shall be adjusted January 1st every year, beginning January 1, 2013 (“Rate Adjustment Date”) to reflect changes in the CPI, the Fuel Index and certain Pass-Through Costs by an amount determined in accordance with the Transfer Station Rate Calculation attached hereto as Exhibit E (the “Calculation”). (b) Definitions. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following terms shall have the following meanings. (i) “Base Fuel Cost” means Contractor’s actual costs for diesel and other fuels used in performing services under this Agreement for the year ended December 31, 2010 or $152,533.47.
(ii) “Base Revenue” means Contractor’s total revenue received from Franchised Haulers and Self-Haulers during the Comparison Year, excluding revenue from the sale of scrap metal, Recyclables purchased under the buy-back program, and compost. (iii) “Base Year” means the year ended June 30th one year prior to June 30th of the Comparison Year.
(iv) “Comparison Year” means the year ended June 30th immediately prior to the relevant Rate Adjustment Date.
(v) “Contractor Rate” means the per ton MSW Rate minus the per ton Franchise Fees.
(vi) “CPI” means the Consumer Price Index, All Urban Consumers, U.S. City Attachment 4

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10 Average, All Items (1982-1984=100), published by the United States Department of Labor, Bureau of Labor Statistics.
(vii) “Disposal Fees – Garbage” means the actual Disposal Costs paid by Contractor for Solid Waste delivered by Contractor to the Disposal Facility during the Comparison Year. (viii) “Disposal Fees – Processing” means the actual Processing Costs paid by Contractor to PRS or any other Authorized Facility for Recyclables, Green Waste, Mixed Organic Waste and Food Waste delivered by Contractor to the PRS Facility or such Authorized Facility, respectively, during the Comparison Year.
(ix) “Fuel Costs” means Contractor’s actual costs for diesel and other fuels used in performing services under this Agreement during the Comparison Year. (x) “Fuel Index” means the California No.2 Diesel Retail Sales by all Sellers (Dollars Per Gallon) published by the U. S. Energy Information Administration. (xi) “Operating Costs” means all of Contractor’s costs to operate the Transfer Station under this Agreement, including, without limitation, labor costs, vehicle and vehicle-related costs, maintenance, insurance and transportation costs, but excluding Fuel Costs, Pass-Through Costs and the costs of purchasing scrap metal, Recyclables purchased under the buy-back program, and compost (including sales taxes).
(c) Rules. For purposes of Rate adjustments pursuant to this Section 6.2 and the Calculation, the following rules shall apply.
(i) “CPI Change” shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (ii) “Fuel Index Change” shall be calculated as one hundred percent (100%) of the percentage increase or decrease, if any, in the Fuel Index from June of the Base Year through June of the Comparison Year; provided, however, that, notwithstanding Section 6.2(b)(iii) above, “Base Year” for purposes of the Fuel Index Change shall mean the year ended June 30, 2010; and, provided, further, that the Fuel Index Change adjustment (i.e., Fuel Index Change multiplied by Base Fuel Cost) for any Rate Adjustment Date shall be calculated after removal of such adjustment for the prior Rate Adjustment Date.
(iii) The Adjustments for destination charges and Disposal Fees with respect to the use of the Eastlake landfill that appear in the Calculation are not recurring. (iv) Rate adjustments for changes in Franchise Fees that take effect on a date other than January 1st, as well as changes in other Pass-Through Costs, will be determined under Section

6.3 below and not under this Section 6.2.
(v) If City elects to purchase the Transfer Station Site and the Improvements on December 31, 2016 pursuant to Section 12 below, the cost entitled “Construction/Lease $2.36/ton” in the Calculation will be increased annually commencing January 1, 2018 by one hundred percent (100%) of the percentage increase or decrease, if any, in the CPI during the Comparison Year, using the CPI published for June of such Year as compared with the CPI published for June of the Base Year. (vii) As set forth in the Calculation, each adjustment in the per ton MSW Rate pursuant to this Section 6.2 shall equal the percentage adjustment in the Contractor Rate plus the per ton Franchise Fees.
(d) Per Yard MSW and Minimum MSW Rates. Each of the per yard MSW Rate, minimum MSW Rate and per can MSW Rate shall be adjusted January 1st every year (beginning January 1, 2013), as follows: the per yard MSW Rate shall equal 24.05% of the Contractor Rate, plus the per ton Franchise Fees divided by 5.54; the minimum MSW Rate shall equal the per yard MSW Rate divided by two (2); and the per can MSW Rate shall equal the minimum MSW Rate divided by three (3). All rates in this Section 6.2(d) shall be rounded to the nearest five cents. (e) All Other Rates. Each of the Rates set forth on Exhibit D other than the MSW Attachment 4

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